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| 1 | | "this Act" refers to this Article.
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| 2 | | Section 3-10. Participation in Council of State |
| 3 | | Governments. The majority and minority leadership of the |
| 4 | | Senate and the House of Representatives, as well as members of |
| 5 | | appropriate legislative committees and commissions, as |
| 6 | | determined by such leadership, may annually attend appropriate |
| 7 | | meetings of the Council of State Governments as |
| 8 | | representatives of the General Assembly of the State of |
| 9 | | Illinois and may pay such annual membership fee as may be |
| 10 | | required to maintain membership in that organization.
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| 11 | | ARTICLE 5.
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| 12 | | Section 5-5. The State Employees Group Insurance Act of |
| 13 | | 1971 is amended by changing Sections 6.9 and 6.10 as follows:
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| 14 | | (5 ILCS 375/6.9)
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| 15 | | Sec. 6.9. Health benefits for community college benefit |
| 16 | | recipients and
community college dependent beneficiaries. |
| 17 | | (a) Purpose. It is the purpose of this amendatory Act of |
| 18 | | 1997 to establish
a uniform program of health benefits for |
| 19 | | community college benefit recipients
and their dependent |
| 20 | | beneficiaries under the administration of the Department of
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| 21 | | Central Management Services.
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| 22 | | (b) Creation of program. Beginning July 1, 1999, the |
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| 1 | | Department of
Central Management Services shall be responsible |
| 2 | | for administering a program of
health benefits for community |
| 3 | | college benefit recipients and community college
dependent |
| 4 | | beneficiaries under this Section. The State Universities |
| 5 | | Retirement
System and the boards of trustees of the various |
| 6 | | community college districts
shall cooperate with the |
| 7 | | Department in this endeavor.
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| 8 | | (c) Eligibility. All community college benefit recipients |
| 9 | | and community
college dependent beneficiaries shall be |
| 10 | | eligible to participate in the program
established under this |
| 11 | | Section, without any interruption or delay in coverage
or |
| 12 | | limitation as to pre-existing medical conditions. Eligibility |
| 13 | | to
participate shall be determined by the State Universities |
| 14 | | Retirement System.
Eligibility information shall be |
| 15 | | communicated to the Department of Central
Management Services |
| 16 | | in a format acceptable to the Department.
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| 17 | | Eligible community college benefit recipients may enroll |
| 18 | | or re-enroll in the program of health benefits established |
| 19 | | under this Section during any applicable annual open |
| 20 | | enrollment period and as otherwise permitted by the Department |
| 21 | | of Central Management Services. A community college benefit |
| 22 | | recipient shall not be deemed ineligible to participate solely |
| 23 | | by reason of the community college benefit recipient having |
| 24 | | made a previous election to disenroll or otherwise not |
| 25 | | participate in the program of health benefits. |
| 26 | | (d) Coverage. The health benefit coverage provided under |
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| 1 | | this Section
shall be a program of health, dental, and vision |
| 2 | | benefits.
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| 3 | | The program of health benefits under this Section may |
| 4 | | include any or all of
the benefit limitations, including but |
| 5 | | not limited to a reduction in benefits
based on eligibility |
| 6 | | for federal Medicare benefits, that are provided under
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| 7 | | subsection (a) of Section 6 of this Act for other health |
| 8 | | benefit programs under
this Act.
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| 9 | | (e) Insurance rates and premiums. The Director shall |
| 10 | | determine the
insurance rates and premiums for community |
| 11 | | college benefit recipients and
community college dependent |
| 12 | | beneficiaries and shall present to the State Universities |
| 13 | | Retirement System, by April 15 of each calendar year, the |
| 14 | | rate-setting methodology (including, but not limited to, |
| 15 | | utilization levels and costs) used to determine the insurance |
| 16 | | rates and premiums. Rates and premiums may be based
in part on |
| 17 | | age and eligibility for federal Medicare coverage.
The |
| 18 | | Director shall also determine premiums that will allow for the
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| 19 | | establishment of an actuarially sound reserve for this |
| 20 | | program.
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| 21 | | The cost of health benefits under the program shall be |
| 22 | | paid as follows:
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| 23 | | (1) For a community college benefit recipient, up to |
| 24 | | 75% of the total
insurance rate shall be paid from the |
| 25 | | Community College Health Insurance
Security Fund.
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| 26 | | (2) The balance of the rate of insurance, including |
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| 1 | | the entire premium
for any coverage for community college |
| 2 | | dependent beneficiaries that has been
elected, shall be |
| 3 | | paid by deductions authorized by the community college
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| 4 | | benefit recipient to be withheld from his or her monthly |
| 5 | | annuity or benefit
payment from the State Universities |
| 6 | | Retirement System; except that (i) if the
balance of the |
| 7 | | cost of coverage exceeds the amount of the monthly annuity |
| 8 | | or
benefit payment, the difference shall be paid directly |
| 9 | | to the State
Universities Retirement System by the |
| 10 | | community college benefit recipient, and
(ii) all or part |
| 11 | | of the balance of the cost of coverage may, at the option |
| 12 | | of
the board of trustees of the community college |
| 13 | | district, be paid to
the State Universities Retirement |
| 14 | | System by the board of the community college
district from |
| 15 | | which the community college benefit recipient retired. The |
| 16 | | State
Universities Retirement System shall promptly |
| 17 | | deposit all moneys withheld by or
paid to it under this |
| 18 | | subdivision (e)(2) into the Community College Health
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| 19 | | Insurance Security Fund. These moneys shall not be |
| 20 | | considered assets of the
State Universities Retirement |
| 21 | | System.
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| 22 | | (f) Financing. All revenues arising from the |
| 23 | | administration of the health
benefit program established under |
| 24 | | this Section shall be deposited into the
Community College |
| 25 | | Health Insurance Security Fund, which is hereby created as a
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| 26 | | nonappropriated trust fund to be held outside the State |
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| 1 | | Treasury, with the
State Treasurer as custodian. Any interest |
| 2 | | earned on moneys in the Community
College Health Insurance |
| 3 | | Security Fund shall be deposited into the Fund.
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| 4 | | Moneys in the Community College Health Insurance Security |
| 5 | | Fund shall be used
only to pay the costs of the health benefit |
| 6 | | program established under this
Section, including associated |
| 7 | | administrative costs and the establishment of a
program |
| 8 | | reserve. Beginning January 1, 1999,
the Department of Central |
| 9 | | Management Services may make expenditures from the
Community |
| 10 | | College Health Insurance Security Fund for those costs.
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| 11 | | (g) Contract for benefits. The Director shall by contract, |
| 12 | | self-insurance,
or otherwise make available the program of |
| 13 | | health benefits for community
college benefit recipients and |
| 14 | | their community college dependent beneficiaries
that is |
| 15 | | provided for in this Section. The contract or other |
| 16 | | arrangement for
the provision of these health benefits shall |
| 17 | | be on terms deemed by the Director
to be in the best interest |
| 18 | | of the State of Illinois and the community college
benefit |
| 19 | | recipients based on, but not limited to, such criteria as
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| 20 | | administrative cost, service capabilities of the carrier or |
| 21 | | other contractor,
and the costs of the benefits.
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| 22 | | (h) Continuation of program. It is the intention of the |
| 23 | | General Assembly
that the program of health benefits provided |
| 24 | | under this Section be maintained
on an ongoing, affordable |
| 25 | | basis. The program of health benefits provided under
this |
| 26 | | Section may be amended by the State and is not intended to be a |
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| 1 | | pension or
retirement benefit subject to protection under |
| 2 | | Article XIII, Section 5 of the
Illinois Constitution.
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| 3 | | (i) Other health benefit plans. A health benefit plan |
| 4 | | provided by a
community college district (other than a |
| 5 | | community college district subject to
Article VII of the |
| 6 | | Public Community College Act) under the terms of a
collective |
| 7 | | bargaining agreement in effect on or prior to the effective |
| 8 | | date of
this amendatory Act of 1997 shall continue in force |
| 9 | | according to the terms of
that agreement, unless otherwise |
| 10 | | mutually agreed by the parties to that
agreement and the |
| 11 | | affected retiree.
A community college benefit recipient or |
| 12 | | community college dependent
beneficiary whose coverage under |
| 13 | | such a plan expires shall be eligible to begin
participating |
| 14 | | in the program established under this Section without any
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| 15 | | interruption or delay in coverage or limitation as to |
| 16 | | pre-existing medical
conditions.
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| 17 | | This Act does not prohibit any community college district |
| 18 | | from offering
additional health benefits for its retirees or |
| 19 | | their dependents or survivors.
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| 20 | | (j) Committee. A Community College Insurance Program |
| 21 | | Committee shall be established and shall consist of the |
| 22 | | following 7 members who are appointed by the Governor: 2 |
| 23 | | members who represent organized labor and are each members of |
| 24 | | different unions; one member who represents community college |
| 25 | | retirees; one member who represents community college |
| 26 | | trustees; one member who represents community college |
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| 1 | | presidents; one member who represents the Illinois Community |
| 2 | | College Board; and one ex officio member who represents the |
| 3 | | State Universities Retirement System. The Department of |
| 4 | | Central Management Services shall provide administrative |
| 5 | | support to the Committee. The Committee shall convene at least |
| 6 | | 4 times each year and shall review and make recommendations on |
| 7 | | program contribution rates once the program is forecasted to |
| 8 | | have satisfied the outstanding program debt existing on June |
| 9 | | 30, 2023 and is operating on a no-hold payment cycle. |
| 10 | | (Source: P.A. 100-1017, eff. 8-21-18.)
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| 11 | | (5 ILCS 375/6.10)
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| 12 | | Sec. 6.10. Contributions to the Community College Health |
| 13 | | Insurance
Security Fund. |
| 14 | | (a) Beginning January 1, 1999 and through June 30, 2023, |
| 15 | | every active contributor of the State
Universities Retirement |
| 16 | | System (established under Article 15 of the Illinois
Pension |
| 17 | | Code) who (1) is a full-time employee of a community college |
| 18 | | district
(other than a community college district subject to |
| 19 | | Article VII of the Public
Community College Act)
or an |
| 20 | | association of community college boards and (2) is not an |
| 21 | | employee as
defined in Section 3 of this Act shall make |
| 22 | | contributions toward the cost of
community college annuitant |
| 23 | | and survivor health benefits at the rate of 0.50%
of salary. |
| 24 | | Beginning July 1, 2023 and through June 30, 2024, the |
| 25 | | contribution rate shall be 0.75% of salary. Beginning July 1, |
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| 1 | | 2024 and through June 30, 2026, the contribution rate shall be |
| 2 | | a percentage of salary to be determined by the Department of |
| 3 | | Central Management Services, which in each fiscal year shall |
| 4 | | not exceed a 0.1 percentage point increase in the amount of |
| 5 | | salary actually required to be contributed for the previous |
| 6 | | fiscal year. Beginning July 1, 2026, the contribution rate |
| 7 | | shall be a percentage of salary to be determined by the |
| 8 | | Department of Central Management Services, which in each |
| 9 | | fiscal year shall not exceed 105% of the percentage of salary |
| 10 | | actually required to be contributed for the previous fiscal |
| 11 | | year.
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| 12 | | These contributions shall be deducted by the employer and |
| 13 | | paid to the State
Universities Retirement System as service |
| 14 | | agent for the Department of Central
Management Services. The |
| 15 | | System may use the same processes for collecting the
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| 16 | | contributions required by this subsection that it uses to |
| 17 | | collect the
contributions received from those employees under |
| 18 | | Section 15-157 of the
Illinois Pension Code. An employer may |
| 19 | | agree to pick up or pay the
contributions required under this |
| 20 | | subsection on behalf of the employee;
such contributions shall |
| 21 | | be deemed to have been paid by the employee.
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| 22 | | The State Universities Retirement System shall promptly |
| 23 | | deposit all moneys
collected under this subsection (a) into |
| 24 | | the Community College Health Insurance
Security Fund created |
| 25 | | in Section 6.9 of this Act. The moneys collected under
this |
| 26 | | Section shall be used only for the purposes authorized in |
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| 1 | | Section 6.9 of
this Act and shall not be considered to be |
| 2 | | assets of the State Universities
Retirement System. |
| 3 | | Contributions made under this Section are not transferable
to |
| 4 | | other pension funds or retirement systems and are not |
| 5 | | refundable upon
termination of service.
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| 6 | | (b) Beginning January 1, 1999 and through June 30, 2023, |
| 7 | | every community college district
(other than a community |
| 8 | | college district subject to Article VII of the Public
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| 9 | | Community College Act) or association
of community college |
| 10 | | boards that is an employer under the State Universities
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| 11 | | Retirement System shall contribute toward the cost of the |
| 12 | | community college
health benefits provided under Section 6.9 |
| 13 | | of this Act an amount equal to 0.50%
of the salary paid to its |
| 14 | | full-time employees who participate in the State
Universities |
| 15 | | Retirement System and are not members as defined in Section 3 |
| 16 | | of
this Act. Beginning July 1, 2023 and through June 30, 2024, |
| 17 | | the contribution rate shall be 0.75% of the salary. Beginning |
| 18 | | July 1, 2024 and through June 30, 2026, the contribution rate |
| 19 | | shall be a percentage of salary to be determined by the |
| 20 | | Department of Central Management Services, which in each |
| 21 | | fiscal year shall not exceed a 0.1 percentage point increase |
| 22 | | in the amount of salary actually required to be contributed |
| 23 | | for the previous fiscal year. Beginning July 1, 2026, the |
| 24 | | contribution rate shall be a percentage of salary to be |
| 25 | | determined by the Department of Central Management Services, |
| 26 | | which in each fiscal year shall not exceed 105% of the |
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| 1 | | percentage of salary actually required to be contributed for |
| 2 | | the previous fiscal year.
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| 3 | | These contributions shall be paid by the employer to the |
| 4 | | State Universities
Retirement System as service agent for the |
| 5 | | Department of Central Management
Services. The System may use |
| 6 | | the same processes for collecting the
contributions required |
| 7 | | by this subsection that it uses to collect the
contributions |
| 8 | | received from those employers under Section 15-155 of the
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| 9 | | Illinois Pension Code.
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| 10 | | The State Universities Retirement System shall promptly |
| 11 | | deposit all moneys
collected under this subsection (b) into |
| 12 | | the Community College Health Insurance
Security Fund created |
| 13 | | in Section 6.9 of this Act. The moneys collected under
this |
| 14 | | Section shall be used only for the purposes authorized in |
| 15 | | Section 6.9 of
this Act and shall not be considered to be |
| 16 | | assets of the State Universities
Retirement System. |
| 17 | | Contributions made under this Section are not transferable
to |
| 18 | | other pension funds or retirement systems and are not |
| 19 | | refundable upon
termination of service.
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| 20 | | The Department of Central Management Services, or any |
| 21 | | successor agency designated to procure healthcare contracts |
| 22 | | pursuant to this Act, is authorized to establish funds, |
| 23 | | separate accounts provided by any bank or banks as defined by |
| 24 | | the Illinois Banking Act, or separate accounts provided by any |
| 25 | | savings and loan association or associations as defined by the |
| 26 | | Illinois Savings and Loan Act of 1985 to be held by the |
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| 1 | | Director, outside the State treasury, for the purpose of |
| 2 | | receiving the transfer of moneys from the Community College |
| 3 | | Health Insurance Security Fund. The Department may promulgate |
| 4 | | rules further defining the methodology for the transfers. Any |
| 5 | | interest earned by moneys in the funds or accounts shall inure |
| 6 | | to the Community College Health Insurance Security Fund. The |
| 7 | | transferred moneys, and interest accrued thereon, shall be |
| 8 | | used exclusively for transfers to administrative service |
| 9 | | organizations or their financial institutions for payments of |
| 10 | | claims to claimants and providers under the self-insurance |
| 11 | | health plan. The transferred moneys, and interest accrued |
| 12 | | thereon, shall not be used for any other purpose including, |
| 13 | | but not limited to, reimbursement of administration fees due |
| 14 | | the administrative service organization pursuant to its |
| 15 | | contract or contracts with the Department.
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| 16 | | (c) On or before November 15 of each year, the Board of |
| 17 | | Trustees of the
State Universities Retirement System shall |
| 18 | | certify to the Governor, the
Director of Central Management |
| 19 | | Services, and the State
Comptroller its estimate of the total |
| 20 | | amount of contributions to be paid under
subsection (a) of |
| 21 | | this Section for the next fiscal year. Beginning in fiscal |
| 22 | | year 2008, the amount certified shall be decreased or |
| 23 | | increased each year by the amount that the actual active |
| 24 | | employee contributions either fell short of or exceeded the |
| 25 | | estimate used by the Board in making the certification for the |
| 26 | | previous fiscal year. The State Universities Retirement System |
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| 1 | | shall calculate the amount of actual active employee |
| 2 | | contributions in fiscal years 1999 through 2005. Based upon |
| 3 | | this calculation, the fiscal year 2008 certification shall |
| 4 | | include an amount equal to the cumulative amount that the |
| 5 | | actual active employee contributions either fell short of or |
| 6 | | exceeded the estimate used by the Board in making the |
| 7 | | certification for those fiscal years. The certification
shall |
| 8 | | include a detailed explanation of the methods and information |
| 9 | | that the
Board relied upon in preparing its estimate. As soon |
| 10 | | as possible after the
effective date of this Section, the |
| 11 | | Board shall submit its estimate for fiscal
year 1999.
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| 12 | | On or after the effective date of the changes made to this |
| 13 | | Section by this amendatory Act of the 103rd General Assembly, |
| 14 | | but no later than June 30, 2023, the Board shall recalculate |
| 15 | | and recertify to the Governor, the Director of Central |
| 16 | | Management Services, and the State Comptroller its estimate of |
| 17 | | the total amount of contributions to be paid under subsection |
| 18 | | (a) for State fiscal year 2024, taking into account the |
| 19 | | changes in required employee contributions made by this |
| 20 | | amendatory Act of the 103rd General Assembly. |
| 21 | | (d) Beginning in fiscal year 1999, on the first day of each |
| 22 | | month, or as
soon thereafter as may be practical, the State |
| 23 | | Treasurer and the State
Comptroller shall transfer from the |
| 24 | | General Revenue Fund to the Community
College Health Insurance |
| 25 | | Security Fund 1/12 of the annual amount appropriated
for that |
| 26 | | fiscal year to the State Comptroller for deposit into the |
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| 1 | | Community
College Health Insurance Security Fund under Section |
| 2 | | 1.4 of the State Pension
Funds Continuing Appropriation Act.
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| 3 | | (e) Except where otherwise specified in this Section, the |
| 4 | | definitions
that apply to Article 15 of the Illinois Pension |
| 5 | | Code apply to this Section.
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| 6 | | (Source: P.A. 98-488, eff. 8-16-13.)
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| 7 | | Section 5-15. The State Treasurer Act is amended by |
| 8 | | changing Section 16.8 as follows:
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| 9 | | (15 ILCS 505/16.8) |
| 10 | | Sec. 16.8. Illinois Higher Education Savings Program. |
| 11 | | (a) Definitions. As used in this Section: |
| 12 | | "Beneficiary" means an eligible child named as a recipient |
| 13 | | of seed funds. |
| 14 | | "Eligible child" means a child born or adopted after |
| 15 | | December 31, 2022, to a parent who is a resident of Illinois at |
| 16 | | the time of the birth or adoption, as evidenced by |
| 17 | | documentation received by the Treasurer from the Department of |
| 18 | | Revenue, the Department of Public Health, or another State or |
| 19 | | local government agency. |
| 20 | | "Eligible educational institution" means institutions that |
| 21 | | are described in Section 1001 of the federal Higher Education |
| 22 | | Act of 1965 that are eligible to participate in Department of |
| 23 | | Education student aid programs. |
| 24 | | "Fund" means the Illinois Higher Education Savings Program |
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| 1 | | Fund. |
| 2 | | "Omnibus account" means the pooled collection of seed |
| 3 | | funds owned and managed by the State Treasurer in the College |
| 4 | | Savings Pool under this Act. |
| 5 | | "Program" means the Illinois Higher Education Savings |
| 6 | | Program. |
| 7 | | "Qualified higher education expense" means the following: |
| 8 | | (i) tuition, fees, and the costs of books, supplies, and |
| 9 | | equipment required for enrollment or attendance at an eligible |
| 10 | | educational institution; (ii) expenses for special needs |
| 11 | | services, in the case of a special needs beneficiary, which |
| 12 | | are incurred in connection with such enrollment or attendance; |
| 13 | | (iii) certain expenses for the purchase of computer or |
| 14 | | peripheral equipment, computer software, or Internet access |
| 15 | | and related services as defined under Section 529 of the |
| 16 | | Internal Revenue Code; (iv) room and board expenses incurred |
| 17 | | while attending an eligible educational institution at least |
| 18 | | half-time; (v) expenses for fees, books, supplies, and |
| 19 | | equipment required for the participation of a designated |
| 20 | | beneficiary in an apprenticeship program registered and |
| 21 | | certified with the Secretary of Labor under the National |
| 22 | | Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as |
| 23 | | principal or interest on any qualified education loan of the |
| 24 | | designated beneficiary or a sibling of the designated |
| 25 | | beneficiary, as allowed under Section 529 of the Internal |
| 26 | | Revenue Code. |
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| 1 | | "Seed funds" means the deposit made by the State Treasurer |
| 2 | | into the Omnibus Accounts for Program beneficiaries. |
| 3 | | (b) Program established. The State Treasurer shall |
| 4 | | establish the Illinois Higher Education Savings Program as a |
| 5 | | part of the College Savings Pool under Section 16.5 of this |
| 6 | | Act, subject to appropriation by the General Assembly. The |
| 7 | | State Treasurer shall administer the Program for the purposes |
| 8 | | of expanding access to higher education through savings. |
| 9 | | (c) Program enrollment. The State Treasurer shall enroll |
| 10 | | all eligible children in the Program beginning in 2023, after |
| 11 | | receiving records of recent births, adoptions, or dependents |
| 12 | | from the Department of Revenue, the Department of Public |
| 13 | | Health, or another State or local government agency designated |
| 14 | | by the Treasurer. Notwithstanding any court order which would |
| 15 | | otherwise prevent the release of information, the Department |
| 16 | | of Public Health is authorized to release the information |
| 17 | | specified under this subsection (c) to the State Treasurer for |
| 18 | | the purposes of the Program established under this Section. |
| 19 | | (1) Beginning in 2021, the Department of Public Health |
| 20 | | shall provide the State Treasurer with information on |
| 21 | | recent Illinois births and adoptions including, but not |
| 22 | | limited to: the full name, residential address, birth |
| 23 | | date, and birth record number of the child and the full |
| 24 | | name and residential address of the child's parent or |
| 25 | | legal guardian for the purpose of enrolling eligible |
| 26 | | children in the Program. This data shall be provided to |
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| 1 | | the State Treasurer by the Department of Public Health on |
| 2 | | a quarterly basis, no later than 30 days after the end of |
| 3 | | each quarter, or some other date and frequency as mutually |
| 4 | | agreed to by the State Treasurer and the Department of |
| 5 | | Public Health. |
| 6 | | (1.5) Beginning in 2021, the Department of Revenue |
| 7 | | shall provide the State Treasurer with information on tax |
| 8 | | filers claiming dependents or the adoption tax credit |
| 9 | | including, but not limited to: the full name, residential |
| 10 | | address, email address, phone number, birth date, and |
| 11 | | social security number or taxpayer identification number |
| 12 | | of the dependent child and of the child's parent or legal |
| 13 | | guardian for the purpose of enrolling eligible children in |
| 14 | | the Program. This data shall be provided to the State |
| 15 | | Treasurer by the Department of Revenue on at least an |
| 16 | | annual basis, by July 1 of each year or another date |
| 17 | | jointly determined by the State Treasurer and the |
| 18 | | Department of Revenue. Notwithstanding anything to the |
| 19 | | contrary contained within this paragraph (2), the |
| 20 | | Department of Revenue shall not be required to share any |
| 21 | | information that would be contrary to federal law, |
| 22 | | regulation, or Internal Revenue Service Publication 1075. |
| 23 | | (2) The State Treasurer shall ensure the security and |
| 24 | | confidentiality of the information provided by the |
| 25 | | Department of Revenue, the Department of Public Health, or |
| 26 | | another State or local government agency, and it shall not |
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| 1 | | be subject to release under the Freedom of Information |
| 2 | | Act. |
| 3 | | (3) Information provided under this Section shall only |
| 4 | | be used by the State Treasurer for the Program and shall |
| 5 | | not be used for any other purpose. |
| 6 | | (4) The State Treasurer and any vendors working on the |
| 7 | | Program shall maintain strict confidentiality of any |
| 8 | | information provided under this Section, and shall |
| 9 | | promptly provide written or electronic notice to the |
| 10 | | providing agency of any security breach. The providing |
| 11 | | State or local government agency shall remain the sole and |
| 12 | | exclusive owner of information provided under this |
| 13 | | Section. |
| 14 | | (d) Seed funds. After receiving information on recent |
| 15 | | births, adoptions, or dependents from the Department of |
| 16 | | Revenue, the Department of Public Health, or another State or |
| 17 | | local government agency, the State Treasurer shall make |
| 18 | | deposits into an omnibus account on behalf of eligible |
| 19 | | children. The State Treasurer shall be the owner of the |
| 20 | | omnibus accounts. |
| 21 | | (1) Deposit amount. The seed fund deposit for each |
| 22 | | eligible child shall be in the amount of $50. This amount |
| 23 | | may be increased by the State Treasurer by rule. The State |
| 24 | | Treasurer may use or deposit funds appropriated by the |
| 25 | | General Assembly together with moneys received as gifts, |
| 26 | | grants, or contributions into the Fund. If insufficient |
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| 1 | | funds are available in the Fund, the State Treasurer may |
| 2 | | reduce the deposit amount or forego deposits. |
| 3 | | (2) Use of seed funds. Seed funds, including any |
| 4 | | interest, dividends, and other earnings accrued, will be |
| 5 | | eligible for use by a beneficiary for qualified higher |
| 6 | | education expenses if: |
| 7 | | (A) the parent or guardian of the eligible child |
| 8 | | claimed the seed funds for the beneficiary by the |
| 9 | | beneficiary's 10th birthday; |
| 10 | | (B) the beneficiary has completed secondary |
| 11 | | education or has reached the age of 18; and |
| 12 | | (C) the beneficiary is currently a resident of the |
| 13 | | State of Illinois. Non-residents are not eligible to |
| 14 | | claim or use seed funds. |
| 15 | | (3) Notice of seed fund availability. The State |
| 16 | | Treasurer shall make a good faith effort to notify |
| 17 | | beneficiaries and their parents or legal guardians of the |
| 18 | | seed funds' availability and the deadline to claim such |
| 19 | | funds. |
| 20 | | (4) Unclaimed seed funds. Seed funds and any interest |
| 21 | | earnings that are unclaimed by the beneficiary's 10th |
| 22 | | birthday or unused by the beneficiary's 26th birthday will |
| 23 | | be considered forfeited. Unclaimed and unused seed funds |
| 24 | | and any interest earnings will remain in the omnibus |
| 25 | | account for future beneficiaries. |
| 26 | | (e) Financial education. The State Treasurer may develop |
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| 1 | | educational materials that support the financial literacy of |
| 2 | | beneficiaries and their legal guardians, and may do so in |
| 3 | | collaboration with State and federal agencies, including, but |
| 4 | | not limited to, the Illinois State Board of Education and |
| 5 | | existing nonprofit agencies with expertise in financial |
| 6 | | literacy and education. |
| 7 | | (f) Supplementary deposits and partnerships. The State |
| 8 | | Treasurer may make supplementary deposits to children in |
| 9 | | financially insecure households if sufficient funds are |
| 10 | | available. Furthermore, the State Treasurer may develop |
| 11 | | partnerships with private, nonprofit, or governmental |
| 12 | | organizations to provide additional savings incentives, |
| 13 | | including conditional cash transfers or matching contributions |
| 14 | | that provide a savings incentive based on specific actions |
| 15 | | taken or other criteria. |
| 16 | | (g) Illinois Higher Education Savings Program Fund. The |
| 17 | | Illinois Higher Education Savings Program Fund is hereby |
| 18 | | established as a special fund in the State treasury. The Fund |
| 19 | | shall be the official repository of all contributions, |
| 20 | | appropriated funds, interest, and dividend payments, gifts, or |
| 21 | | other financial assets received by the State Treasurer in |
| 22 | | connection with the operation of the Program or related |
| 23 | | partnerships. All such moneys shall be deposited into in the |
| 24 | | Fund and held by the State Treasurer as custodian thereof. The |
| 25 | | State Treasurer may accept gifts, grants, awards, matching |
| 26 | | contributions, interest income, and appropriated funds from |
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| 1 | | individuals, businesses, governments, and other third-party |
| 2 | | sources to implement the Program on terms that the Treasurer |
| 3 | | deems advisable. All interest or other earnings accruing or |
| 4 | | received on amounts in the Illinois Higher Education Savings |
| 5 | | Program Fund shall be credited to and retained by the Fund and |
| 6 | | used for the benefit of the Program. Assets of the Fund must at |
| 7 | | all times be preserved, invested, and expended only for the |
| 8 | | purposes of the Program and must be held for the benefit of the |
| 9 | | beneficiaries. Assets may not be transferred or used by the |
| 10 | | State or the State Treasurer for any purposes other than the |
| 11 | | purposes of the Program. In addition, no moneys, interest, or |
| 12 | | other earnings paid into the Fund shall be used, temporarily |
| 13 | | or otherwise, for inter-fund borrowing or be otherwise used or |
| 14 | | appropriated except as expressly authorized by this Act. |
| 15 | | Notwithstanding the requirements of this subsection (g), |
| 16 | | amounts in the Fund may be used by the State Treasurer to pay |
| 17 | | the administrative costs of the Program. |
| 18 | | (g-5) Fund deposits and payments. On July 15 of each year, |
| 19 | | beginning July 15, 2023, or as soon thereafter as practical, |
| 20 | | the State Comptroller shall direct and the State Treasurer |
| 21 | | shall transfer the sum of $2,500,000, or the amount that is |
| 22 | | appropriated annually by the General Assembly, whichever is |
| 23 | | greater, from the General Revenue Fund to the Illinois Higher |
| 24 | | Education Savings Program Fund to be used for the |
| 25 | | administration and operation of the Program. |
| 26 | | (h) Audits and reports. The State Treasurer shall include |
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| 1 | | the Illinois Higher Education Savings Program as part of the |
| 2 | | audit of the College Savings Pool described in Section 16.5. |
| 3 | | The State Treasurer shall annually prepare a report that |
| 4 | | includes a summary of the Program operations for the preceding |
| 5 | | fiscal year, including the number of children enrolled in the |
| 6 | | Program, the total amount of seed fund deposits, the rate of |
| 7 | | seed deposits claimed, and, to the extent data is reported and |
| 8 | | available, the racial, ethnic, socioeconomic, and geographic |
| 9 | | data of beneficiaries and of children in financially insecure |
| 10 | | households who may receive automatic bonus deposits. Such |
| 11 | | other information that is relevant to make a full disclosure |
| 12 | | of the operations of the Program and Fund may also be reported. |
| 13 | | The report shall be made available on the Treasurer's website |
| 14 | | by January 31 each year, starting in January of 2024. The State |
| 15 | | Treasurer may include the Program in other reports as |
| 16 | | warranted. |
| 17 | | (i) Rules. The State Treasurer may adopt rules necessary |
| 18 | | to implement this Section.
|
| 19 | | (Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; |
| 20 | | 102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)
|
| 21 | | Section 5-16. The Community Development Loan Guarantee Act |
| 22 | | is amended by changing Section 30-35 and by adding Section |
| 23 | | 30-36 as follows:
|
| 24 | | (15 ILCS 516/30-35)
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| 1 | | Sec. 30-35. Limitations on funding. The State Treasurer |
| 2 | | may allocate use up to $10,000,000 of investment earnings each |
| 3 | | year for the Loan Guarantee Program, provided that no more |
| 4 | | than $50,000,000 may be used for guaranteeing loans at any |
| 5 | | given time. The State Treasurer shall make the allocation to |
| 6 | | the Loan Guarantee Administrative Trust Fund prior to |
| 7 | | allocating interest from the gross earnings of the State |
| 8 | | investment portfolio.
|
| 9 | | (Source: P.A. 101-657, eff. 3-23-21.)
|
| 10 | | (15 ILCS 516/30-36 new) |
| 11 | | Sec. 30-36. Loan Guarantee Administrative Trust Fund. The |
| 12 | | Loan Guarantee Administrative Trust Fund is created as a |
| 13 | | nonappropriated trust fund within the State treasury. Moneys |
| 14 | | in the Fund may be used by the State Treasurer to guarantee |
| 15 | | loans and to cover administrative expenses related to the |
| 16 | | Program. The Fund may receive any grants or other moneys |
| 17 | | designated for administrative purposes from the State, from |
| 18 | | any unit of federal, State, or local government, or from any |
| 19 | | other person, firm, partnership, or corporation.
|
| 20 | | Section 5-17. The Substance Use Disorder Act is amended by |
| 21 | | changing Section 5-10 as follows:
|
| 22 | | (20 ILCS 301/5-10)
|
| 23 | | Sec. 5-10. Functions of the Department.
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| 1 | | (a) In addition to the powers, duties and functions vested |
| 2 | | in the Department
by this Act, or by other laws of this State, |
| 3 | | the Department shall carry out the
following activities:
|
| 4 | | (1) Design, coordinate and fund comprehensive
|
| 5 | | community-based and culturally and gender-appropriate |
| 6 | | services
throughout the State. These services must include
|
| 7 | | prevention, early intervention, treatment, and other
|
| 8 | | recovery support services for substance use disorders that
|
| 9 | | are accessible and address addresses the needs of at-risk
|
| 10 | | individuals and their families.
|
| 11 | | (2) Act as the exclusive State agency to accept, |
| 12 | | receive and expend,
pursuant to appropriation, any public |
| 13 | | or private monies, grants or services,
including those |
| 14 | | received from the federal government or from other State
|
| 15 | | agencies, for the purpose of providing prevention, early
|
| 16 | | intervention, treatment, and other recovery support
|
| 17 | | services for substance use disorders.
|
| 18 | | (2.5) In partnership with the Department of Healthcare |
| 19 | | and Family Services, act as one of the principal State |
| 20 | | agencies for the sole purpose of calculating the |
| 21 | | maintenance of effort requirement under Section 1930 of |
| 22 | | Title XIX, Part B, Subpart II of the Public Health Service |
| 23 | | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR |
| 24 | | 96.134). |
| 25 | | (3) Coordinate a statewide strategy for the
|
| 26 | | prevention, early intervention,
treatment, and recovery |
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| 1 | | support of substance use
disorders. This strategy shall |
| 2 | | include the development of a
comprehensive plan, submitted |
| 3 | | annually with the
application for federal substance use |
| 4 | | disorder block grant
funding, for the provision of an |
| 5 | | array of such services. The plan shall be based on local |
| 6 | | community-based needs and upon
data including, but not |
| 7 | | limited to, that which defines the prevalence of and
costs |
| 8 | | associated with substance use
disorders.
This |
| 9 | | comprehensive plan shall include identification of |
| 10 | | problems, needs,
priorities, services and other pertinent |
| 11 | | information, including the needs of
minorities and other |
| 12 | | specific priority populations in the State, and shall |
| 13 | | describe how
the identified problems and needs will be |
| 14 | | addressed. For purposes of this
paragraph, the term |
| 15 | | "minorities and other specific priority populations" may |
| 16 | | include,
but shall not be limited to, groups such as |
| 17 | | women, children, intravenous drug
users, persons with AIDS |
| 18 | | or who are HIV infected, veterans, African-Americans, |
| 19 | | Puerto
Ricans, Hispanics, Asian Americans, the elderly, |
| 20 | | persons in the criminal
justice system, persons who are |
| 21 | | clients of services provided by other State
agencies, |
| 22 | | persons with disabilities and such other specific |
| 23 | | populations as the
Department may from time to time |
| 24 | | identify. In developing the plan, the
Department shall |
| 25 | | seek input from providers, parent groups, associations and
|
| 26 | | interested citizens.
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| 1 | | The plan
developed under this Section shall include an |
| 2 | | explanation of the rationale to
be used in ensuring that |
| 3 | | funding shall be based upon local community needs,
|
| 4 | | including, but not limited to, the incidence and |
| 5 | | prevalence of, and costs
associated with, substance use
|
| 6 | | disorders, as
well as upon demonstrated program |
| 7 | | performance.
|
| 8 | | The plan developed under this Section shall
also |
| 9 | | contain a report detailing the activities of and progress |
| 10 | | made through services for the
care and treatment of |
| 11 | | substance use disorders among
pregnant women and mothers |
| 12 | | and their children established
under subsection (j) of |
| 13 | | Section 35-5.
|
| 14 | | As applicable, the plan developed under this Section
|
| 15 | | shall also include information about funding by other |
| 16 | | State
agencies for prevention, early intervention, |
| 17 | | treatment,
and other recovery support services.
|
| 18 | | (4) Lead, foster and develop cooperation, coordination |
| 19 | | and agreements
among federal and State governmental |
| 20 | | agencies and local providers that provide
assistance, |
| 21 | | services, funding or other functions, peripheral or |
| 22 | | direct, in the
prevention, early intervention, treatment,
|
| 23 | | and recovery support for substance use disorders. This |
| 24 | | shall include, but shall not be limited to,
the following:
|
| 25 | | (A) Cooperate with and assist other State
|
| 26 | | agencies, as applicable, in establishing and
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| 1 | | conducting substance use disorder services among the
|
| 2 | | populations they respectively serve.
|
| 3 | | (B) Cooperate with and assist the Illinois |
| 4 | | Department of Public Health
in the establishment, |
| 5 | | funding and support of programs and services for the
|
| 6 | | promotion of maternal and child health and the |
| 7 | | prevention and treatment of
infectious diseases, |
| 8 | | including but not limited to HIV infection, especially
|
| 9 | | with respect to those persons who are high risk due to
|
| 10 | | intravenous injection of illegal drugs, or who may |
| 11 | | have
been sexual partners of these individuals, or who |
| 12 | | may
have impaired immune systems as a result of a
|
| 13 | | substance use disorder.
|
| 14 | | (C) Supply to the Department of Public Health and |
| 15 | | prenatal care
providers a list of all providers who |
| 16 | | are
licensed to provide substance use disorder |
| 17 | | treatment
for pregnant women in this State.
|
| 18 | | (D) Assist in the placement of child abuse or |
| 19 | | neglect perpetrators
(identified by the Illinois |
| 20 | | Department of Children and Family Services (DCFS)) who
|
| 21 | | have been determined to be in need of substance use
|
| 22 | | disorder treatment
pursuant to Section 8.2 of the |
| 23 | | Abused and Neglected Child Reporting Act.
|
| 24 | | (E) Cooperate with and assist DCFS in carrying out |
| 25 | | its mandates to:
|
| 26 | | (i) identify substance use disorders among its |
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| 1 | | clients and
their families; and
|
| 2 | | (ii) develop services to deal with such |
| 3 | | disorders.
|
| 4 | | These services may include, but shall not be limited |
| 5 | | to,
programs to prevent or treat substance
use |
| 6 | | disorders with DCFS clients and their families,
|
| 7 | | identifying child care needs within such treatment, |
| 8 | | and assistance with other
issues as required.
|
| 9 | | (F) Cooperate with and assist the Illinois |
| 10 | | Criminal Justice Information
Authority with respect to |
| 11 | | statistical and other information concerning the |
| 12 | | incidence and prevalence of substance use
disorders.
|
| 13 | | (G) Cooperate with and assist the State |
| 14 | | Superintendent of Education,
boards of education, |
| 15 | | schools, police departments, the Illinois State |
| 16 | | Police, courts and other public and private agencies |
| 17 | | and individuals in
establishing prevention programs |
| 18 | | statewide and preparing curriculum materials
for use |
| 19 | | at all levels of education.
|
| 20 | | (H) Cooperate with and assist the Illinois |
| 21 | | Department of Healthcare and Family Services in
the |
| 22 | | development and provision of services offered to |
| 23 | | recipients of public
assistance for the treatment and |
| 24 | | prevention of substance use disorders.
|
| 25 | | (I) (Blank).
|
| 26 | | (5) From monies appropriated to the Department from |
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| 1 | | the Drunk and Drugged
Driving Prevention Fund, reimburse |
| 2 | | DUI evaluation and risk
education programs licensed by the |
| 3 | | Department for providing
indigent persons with free or |
| 4 | | reduced-cost evaluation and risk education services |
| 5 | | relating to a charge of
driving under the influence of |
| 6 | | alcohol or other drugs.
|
| 7 | | (6) Promulgate regulations to identify and disseminate |
| 8 | | best practice guidelines that can be utilized by publicly
|
| 9 | | and privately funded programs as well as for levels of |
| 10 | | payment to government
funded programs that provide |
| 11 | | prevention,
early intervention, treatment, and other |
| 12 | | recovery support services for substance use disorders and |
| 13 | | those services referenced in Sections 15-10
and 40-5.
|
| 14 | | (7) In consultation with providers and
related trade |
| 15 | | associations, specify a uniform
methodology for use by |
| 16 | | funded providers and the
Department for billing
and |
| 17 | | collection and dissemination of statistical information
|
| 18 | | regarding services related to substance use
disorders.
|
| 19 | | (8) Receive data and assistance from federal, State |
| 20 | | and local governmental
agencies, and obtain copies of |
| 21 | | identification and arrest data from all federal,
State and |
| 22 | | local law enforcement agencies for use in carrying out the |
| 23 | | purposes
and functions of the Department.
|
| 24 | | (9) Designate and license providers to conduct |
| 25 | | screening, assessment,
referral and tracking of clients |
| 26 | | identified by the criminal justice system as
having |
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| 1 | | indications of substance use
disorders and being
eligible |
| 2 | | to make an election for treatment under Section 40-5 of |
| 3 | | this Act, and
assist in the placement of individuals who |
| 4 | | are under court order to participate
in treatment.
|
| 5 | | (10) Identify and disseminate evidence-based best |
| 6 | | practice guidelines as maintained in administrative rule |
| 7 | | that can be utilized to determine a substance use disorder |
| 8 | | diagnosis.
|
| 9 | | (11) (Blank).
|
| 10 | | (12) Make grants with funds appropriated from the Drug |
| 11 | | Treatment Fund in
accordance with Section 7 of the |
| 12 | | Controlled Substance and Cannabis Nuisance
Act, or in |
| 13 | | accordance with Section 80 of the Methamphetamine Control |
| 14 | | and Community Protection Act, or in accordance with |
| 15 | | subsections (h) and (i) of Section 411.2 of the
Illinois |
| 16 | | Controlled Substances Act, or in accordance with Section |
| 17 | | 6z-107 of the State Finance Act.
|
| 18 | | (13) Encourage all health and disability insurance |
| 19 | | programs to include
substance use disorder
treatment as a |
| 20 | | covered service and to use evidence-based best practice |
| 21 | | criteria as maintained in administrative rule and as |
| 22 | | required in Public Act 99-0480 in determining the |
| 23 | | necessity for such services and continued stay.
|
| 24 | | (14) Award grants and enter into fixed-rate and |
| 25 | | fee-for-service arrangements
with any other department, |
| 26 | | authority or commission of this State, or any other
state |
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| 1 | | or the federal government or with any public or private |
| 2 | | agency, including
the disbursement of funds and furnishing |
| 3 | | of staff, to effectuate the purposes
of this Act.
|
| 4 | | (15) Conduct a public information campaign to inform |
| 5 | | the State's
Hispanic residents regarding the prevention |
| 6 | | and treatment of substance use disorders.
|
| 7 | | (b) In addition to the powers, duties and functions vested |
| 8 | | in it by this
Act, or by other laws of this State, the |
| 9 | | Department may undertake, but shall
not be limited to, the |
| 10 | | following activities:
|
| 11 | | (1) Require all organizations licensed or funded by |
| 12 | | the Department to include an education
component to inform |
| 13 | | participants regarding the causes and means of |
| 14 | | transmission
and methods of reducing the risk of acquiring |
| 15 | | or transmitting HIV infection and other infectious
|
| 16 | | diseases,
and to include funding for such education |
| 17 | | component in its support of the
program.
|
| 18 | | (2) Review all State agency applications for federal |
| 19 | | funds that include
provisions relating to the prevention, |
| 20 | | early intervention and treatment of
substance use
|
| 21 | | disorders in order to ensure consistency.
|
| 22 | | (3) Prepare, publish, evaluate, disseminate and serve |
| 23 | | as a central
repository for educational materials dealing |
| 24 | | with the nature and effects of
substance use disorders. |
| 25 | | Such materials may deal with
the educational needs of the |
| 26 | | citizens of Illinois, and may include at least
pamphlets |
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| 1 | | that describe the causes and effects of fetal alcohol
|
| 2 | | spectrum disorders.
|
| 3 | | (4) Develop and coordinate, with regional and local |
| 4 | | agencies, education
and training programs for persons |
| 5 | | engaged in providing services
for persons with
substance |
| 6 | | use disorders,
which programs may include specific HIV |
| 7 | | education and training for program
personnel.
|
| 8 | | (5) Cooperate with and assist in the development of |
| 9 | | education, prevention, early intervention,
and treatment |
| 10 | | programs for employees of State and local governments and
|
| 11 | | businesses in the State.
|
| 12 | | (6) Utilize the support and assistance of interested |
| 13 | | persons in the
community, including recovering persons, to |
| 14 | | assist individuals
and communities in understanding the |
| 15 | | dynamics of substance use
disorders, and to encourage
|
| 16 | | individuals with substance use disorders to
voluntarily |
| 17 | | undergo treatment.
|
| 18 | | (7) Promote, conduct, assist or sponsor basic |
| 19 | | clinical, epidemiological
and statistical research into |
| 20 | | substance use disorders
and research into the prevention |
| 21 | | of those problems either solely or in
conjunction with any |
| 22 | | public or private agency.
|
| 23 | | (8) Cooperate with public and private agencies, |
| 24 | | organizations and
individuals in the development of |
| 25 | | programs, and to provide technical assistance
and |
| 26 | | consultation services for this purpose.
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| 1 | | (9) (Blank).
|
| 2 | | (10) (Blank).
|
| 3 | | (11) Fund, promote, or assist entities dealing with
|
| 4 | | substance use disorders.
|
| 5 | | (12) With monies appropriated from the Group Home Loan |
| 6 | | Revolving Fund,
make loans, directly or through |
| 7 | | subcontract, to assist in underwriting the
costs of |
| 8 | | housing in which individuals recovering from substance use
|
| 9 | | disorders may reside, pursuant
to Section 50-40 of this |
| 10 | | Act.
|
| 11 | | (13) Promulgate such regulations as may be necessary |
| 12 | | to carry out the purposes and enforce the
provisions of |
| 13 | | this Act.
|
| 14 | | (14) Provide funding to help parents be effective in |
| 15 | | preventing
substance use disorders by building an |
| 16 | | awareness of the family's
role in preventing substance use |
| 17 | | disorders through adjusting expectations, developing new |
| 18 | | skills,
and setting positive family goals. The programs |
| 19 | | shall include, but not be
limited to, the following |
| 20 | | subjects: healthy family communication; establishing
rules |
| 21 | | and limits; how to reduce family conflict; how to build |
| 22 | | self-esteem,
competency, and responsibility in children; |
| 23 | | how to improve motivation and
achievement; effective |
| 24 | | discipline; problem solving techniques; and how to talk
|
| 25 | | about drugs and alcohol. The programs shall be open to all |
| 26 | | parents.
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| 1 | | (15) Establish an Opioid Remediation Services Capital
|
| 2 | | Investment Grant Program. The Department may, subject to |
| 3 | | appropriation and approval through the Opioid Overdose |
| 4 | | Prevention and Recovery Steering Committee, after |
| 5 | | recommendation by the Illinois Opioid Remediation Advisory |
| 6 | | Board, and certification by the Office of the Attorney |
| 7 | | General, make capital improvement grants to units of local |
| 8 | | government and substance use prevention, treatment, and |
| 9 | | recovery service providers addressing opioid remediation |
| 10 | | in the State for approved abatement uses under the |
| 11 | | Illinois Opioid Allocation Agreement. The Illinois Opioid |
| 12 | | Remediation State Trust Fund shall be the source of |
| 13 | | funding for the program. Eligible grant recipients shall |
| 14 | | be units of local government and substance use prevention, |
| 15 | | treatment, and recovery service providers that offer |
| 16 | | facilities and services in a manner that supports and |
| 17 | | meets the approved uses of the opioid settlement funds. |
| 18 | | Eligible grant recipients have no entitlement to a grant |
| 19 | | under this Section. The Department of Human Services may |
| 20 | | consult with the Capital Development Board, the Department |
| 21 | | of Commerce and Economic Opportunity, and the Illinois |
| 22 | | Housing Development Authority to adopt rules to implement |
| 23 | | this Section and may create a competitive application |
| 24 | | procedure for grants to be awarded. The rules may specify |
| 25 | | the manner of applying for grants; grantee eligibility |
| 26 | | requirements; project eligibility requirements; |
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| 1 | | restrictions on the use of grant moneys; the manner in |
| 2 | | which grantees must account for the use of grant moneys; |
| 3 | | and any other provision that the Department of Human |
| 4 | | Services determines to be necessary or useful for the |
| 5 | | administration of this Section. Rules may include a |
| 6 | | requirement for grantees to provide local matching funds |
| 7 | | in an amount equal to a specific percentage of the grant. |
| 8 | | No portion of an opioid remediation services capital |
| 9 | | investment grant awarded under this Section may be used by |
| 10 | | a grantee to pay for any ongoing operational costs or |
| 11 | | outstanding debt. The Department of Human Services may |
| 12 | | consult with the Capital Development Board, the Department |
| 13 | | of Commerce and Economic Opportunity, and the Illinois |
| 14 | | Housing Development Authority in the management and |
| 15 | | disbursement of funds for capital-related projects. The |
| 16 | | Capital Development Board, the Department of Commerce and |
| 17 | | Economic Opportunity, and the Illinois Housing Development |
| 18 | | Authority shall act in a consulting role only for the |
| 19 | | evaluation of applicants, scoring of applicants, or |
| 20 | | administration of the grant program. |
| 21 | | (c) There is created within the Department of Human |
| 22 | | Services an Office of Opioid Settlement Administration. The |
| 23 | | Office shall be responsible for implementing and administering |
| 24 | | approved abatement programs as described in Exhibit B of the |
| 25 | | Illinois Opioid Allocation Agreement, effective December 30, |
| 26 | | 2021. The Office may also implement and administer other |
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| 1 | | opioid-related programs, including but not limited to |
| 2 | | prevention, treatment, and recovery services from other funds |
| 3 | | made available to the Department of Human Services. The |
| 4 | | Secretary of Human Services shall appoint or assign staff as |
| 5 | | necessary to carry out the duties and functions of the Office. |
| 6 | | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; |
| 7 | | 102-699, eff. 4-19-22.)
|
| 8 | | Section 5-20. The Department of Central Management |
| 9 | | Services Law of the
Civil Administrative Code of Illinois is |
| 10 | | amended by changing Section 405-293 as follows:
|
| 11 | | (20 ILCS 405/405-293)
|
| 12 | | Sec. 405-293. Professional Services. |
| 13 | | (a) The Department of Central Management Services (the |
| 14 | | "Department") is responsible for providing professional |
| 15 | | services for or on behalf of State agencies for all functions |
| 16 | | transferred to the Department by Executive Order No. 2003-10 |
| 17 | | (as modified by Section 5.5 of the Executive Reorganization |
| 18 | | Implementation Act) and may, with the approval of the |
| 19 | | Governor, provide additional services to or on behalf of State |
| 20 | | agencies. To the extent not compensated by direct fund |
| 21 | | transfers, the Department shall be reimbursed from each State |
| 22 | | agency receiving the benefit of these services. The |
| 23 | | reimbursement shall be determined by the Director of Central |
| 24 | | Management Services as the amount required to reimburse the |
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| 1 | | Professional Services Fund for the Department's costs of |
| 2 | | rendering the professional services on behalf of that State |
| 3 | | agency. For purposes of this Section, funds due the Department |
| 4 | | for professional services may be made through appropriations |
| 5 | | to the Department from the General Revenue Fund, as determined |
| 6 | | by and provided for by the General Assembly. |
| 7 | | (a-5) The Department of Central Management Services may |
| 8 | | provide professional services and other services as authorized |
| 9 | | by subsection (a) for or on behalf of other State entities with |
| 10 | | the approval of both the Director of Central Management |
| 11 | | Services and the appropriate official or governing body of the |
| 12 | | other State entity.
|
| 13 | | (b) For the purposes of this Section, "State agency" means |
| 14 | | each State agency, department, board, and commission directly |
| 15 | | responsible to the Governor. "Professional services" means |
| 16 | | legal services, internal audit services, and other services as |
| 17 | | approved by the Governor. "Other State entity" means the |
| 18 | | Illinois State Board of Education and the Illinois State Toll |
| 19 | | Highway Authority.
|
| 20 | | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
|
| 21 | | Section 5-25. The Children and Family Services Act is |
| 22 | | amended by changing Section 25 as follows:
|
| 23 | | (20 ILCS 505/25) (from Ch. 23, par. 5025)
|
| 24 | | Sec. 25. Funds Grants, gifts, or legacies; Putative Father |
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| 1 | | Registry fees.
|
| 2 | | (a) The DCFS Special Purposes Trust Fund is created as a |
| 3 | | trust fund in the State treasury. The Department is authorized |
| 4 | | to accept and deposit into the Fund moneys received from |
| 5 | | grants, gifts, or any other source, public or private, in |
| 6 | | support of the activities authorized by this Act or on behalf |
| 7 | | of any institution or program of the Department. Moneys |
| 8 | | received from federal sources or pursuant to Section 8.27 of |
| 9 | | the State Finance Act or Section 5-9-1.8 of the Unified Code of |
| 10 | | Corrections shall not be deposited into the Fund To accept and |
| 11 | | hold in behalf of the State, if for the public
interest, a |
| 12 | | grant, gift or legacy of money or property to the
State of |
| 13 | | Illinois, to the Department, or to any institution or program |
| 14 | | of
the Department made in trust for the maintenance or support |
| 15 | | of a resident
of an institution of the Department, or for any |
| 16 | | other legitimate purpose
connected with such institution or |
| 17 | | program. The Department shall cause
each gift, grant or legacy |
| 18 | | to be kept as a distinct fund, and
shall invest the same in the |
| 19 | | manner provided by the laws of this State as
the same now |
| 20 | | exist, or shall hereafter be enacted, relating to securities
|
| 21 | | in which the deposit in savings banks may be invested. But the |
| 22 | | Department
may, in its discretion, deposit in a proper trust |
| 23 | | company or savings bank,
during the continuance of the trust, |
| 24 | | any fund so left in trust for the life
of a person, and shall |
| 25 | | adopt rules and regulations governing the deposit,
transfer, |
| 26 | | or withdrawal of such fund. The Department shall on the
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| 1 | | expiration of any trust as provided in any instrument creating |
| 2 | | the same,
dispose of the fund thereby created in the manner |
| 3 | | provided in such
instrument. The Department shall include in |
| 4 | | its required reports a
statement showing what funds are so |
| 5 | | held by it and the condition thereof.
Monies found on |
| 6 | | residents at the time of their
admission, or
accruing to them |
| 7 | | during their period of institutional care, and monies
|
| 8 | | deposited with the superintendents by relatives, guardians
or |
| 9 | | friends of
residents for the special comfort and pleasure of |
| 10 | | such resident, shall
remain in the custody of such |
| 11 | | superintendents who shall
act as trustees for
disbursement to, |
| 12 | | in behalf of, or for the benefit of such resident. All
types of |
| 13 | | retirement and pension benefits from private and public |
| 14 | | sources
may be paid directly to the superintendent of the |
| 15 | | institution where the
person is a resident, for deposit to the |
| 16 | | resident's trust fund account.
|
| 17 | | (b) The Department shall deposit hold all Putative Father |
| 18 | | Registry fees collected under Section 12.1 of the Adoption Act |
| 19 | | into the DCFS Special Purposes Trust Fund in a distinct fund |
| 20 | | for the Department's use in maintaining the Putative Father |
| 21 | | Registry. The Department shall invest the moneys in the fund |
| 22 | | in the same manner as moneys in the funds described in |
| 23 | | subsection (a) and shall include in its required reports a |
| 24 | | statement showing the condition of the fund.
|
| 25 | | (c) The DCFS Federal Projects Fund is created as a federal |
| 26 | | trust fund in the State treasury. Moneys in the DCFS Federal |
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| 1 | | Projects Fund shall be used for the specific purposes |
| 2 | | established by the terms and conditions of the federal grant |
| 3 | | or award and for other authorized expenses in accordance with |
| 4 | | federal requirements. |
| 5 | | (Source: P.A. 94-1010, eff. 10-1-06.)
|
| 6 | | Section 5-30. The Illinois Promotion Act is amended by |
| 7 | | changing Section 3, 4a, and 8a as follows:
|
| 8 | | (20 ILCS 665/3) (from Ch. 127, par. 200-23)
|
| 9 | | Sec. 3. Definitions. The following words and terms, |
| 10 | | whenever used or
referred to
in this Act, shall have the |
| 11 | | following meanings, except where the context
may otherwise |
| 12 | | require:
|
| 13 | | (a) "Department" means the Department of Commerce and |
| 14 | | Economic Opportunity of the State of Illinois.
|
| 15 | | (b) "Local promotion group" means any non-profit |
| 16 | | corporation,
organization, association, agency or committee |
| 17 | | thereof formed for the
primary purpose of publicizing, |
| 18 | | promoting, advertising or otherwise
encouraging the |
| 19 | | development of tourism in any municipality, county, or
region |
| 20 | | of Illinois.
|
| 21 | | (c) "Promotional activities" means preparing, planning and
|
| 22 | | conducting campaigns of information, advertising and publicity |
| 23 | | through
such media as newspapers, radio, television, |
| 24 | | magazines, trade journals,
moving and still photography, |
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| 1 | | posters, outdoor signboards and personal
contact within and |
| 2 | | without the State of Illinois; dissemination of
information, |
| 3 | | advertising, publicity, photographs and other literature
and |
| 4 | | material designed to carry out the purpose of this Act; and
|
| 5 | | participation in and attendance at meetings and conventions |
| 6 | | concerned
primarily with tourism, including travel to and from |
| 7 | | such meetings.
|
| 8 | | (d) "Municipality" means "municipality" as defined in |
| 9 | | Section 1-1-2
of the Illinois Municipal Code, as heretofore |
| 10 | | and hereafter amended.
|
| 11 | | (e) "Tourism" means travel 50 miles or more one-way or an |
| 12 | | overnight trip
outside of a person's normal routine.
|
| 13 | | (f) "Municipal amateur sports facility" means a sports |
| 14 | | facility that: (1) is owned by a unit of local government; (2) |
| 15 | | has contiguous indoor sports competition space; (3) is |
| 16 | | designed to principally accommodate and host amateur |
| 17 | | competitions for youths, adults, or both; and (4) is not used |
| 18 | | for professional sporting events where participants are |
| 19 | | compensated for their participation. |
| 20 | | (g) "Municipal convention center" means a convention |
| 21 | | center or civic center owned by a unit of local government or |
| 22 | | operated by a convention center authority, or a municipal |
| 23 | | convention hall as defined in paragraph (1) of Section 11-65-1 |
| 24 | | of the Illinois Municipal Code, with contiguous exhibition |
| 25 | | space ranging between 30,000 and 125,000 square feet. |
| 26 | | (h) "Convention center authority" means an Authority, as |
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| 1 | | defined by the Civic Center Code, that operates a municipal |
| 2 | | convention center with contiguous exhibition space ranging |
| 3 | | between 30,000 and 125,000 square feet. |
| 4 | | (i) "Incentive" means: (1) a financial incentive provided |
| 5 | | by a unit of local government, a local promotion group, a |
| 6 | | not-for-profit organization, a for-profit organization, or a |
| 7 | | convention center authority to attract a convention, meeting, |
| 8 | | or trade show held at a municipal convention center that, but |
| 9 | | for the incentive, would not have occurred in the State or been |
| 10 | | retained in the State; or (2) a financial incentive provided |
| 11 | | by a unit of local government, a local promotion group, a |
| 12 | | not-for-profit organization, a for-profit organization, or a |
| 13 | | convention center authority for attracting a sporting event |
| 14 | | held at its municipal amateur sports facility that, but for |
| 15 | | the incentive, would not have occurred in the State or been |
| 16 | | retained in the State; but (3) only a financial incentive |
| 17 | | offered or provided to a person or entity in the form of |
| 18 | | financial benefits or costs which are allowable costs pursuant |
| 19 | | to the Grant Accountability and Transparency Act. |
| 20 | | (j) "Unit of local government" has the meaning provided in |
| 21 | | Section 1 of Article VII of the Illinois Constitution. |
| 22 | | (k) "Local parks" means any park, recreation area, or |
| 23 | | other similar facility owned or operated by a unit of local |
| 24 | | government. |
| 25 | | (Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
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| 1 | | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
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| 2 | | Sec. 4a. Funds.
|
| 3 | | (1) All moneys deposited into in the Tourism Promotion |
| 4 | | Fund pursuant to this
subsection are allocated to the |
| 5 | | Department for utilization, as
appropriated, in the |
| 6 | | performance of its powers under Section 4; except that during |
| 7 | | fiscal year 2013, the Department shall reserve $9,800,000 of |
| 8 | | the total funds available for appropriation in the Tourism |
| 9 | | Promotion Fund for appropriation to the Historic Preservation |
| 10 | | Agency for the operation of the Abraham Lincoln Presidential |
| 11 | | Library and Museum and State historic sites; and except that |
| 12 | | beginning in fiscal year 2019, moneys in the Tourism Promotion |
| 13 | | Fund may also be allocated to the Illinois Department of |
| 14 | | Agriculture, the Illinois Department of Natural Resources, and |
| 15 | | the Abraham Lincoln Presidential Library and Museum for |
| 16 | | utilization, as appropriated, to administer their |
| 17 | | responsibilities as State agencies promoting tourism in |
| 18 | | Illinois, and for tourism-related purposes.
|
| 19 | | As soon as possible after the first day of each month, |
| 20 | | beginning July 1,
1997 and ending on the effective date of this |
| 21 | | amendatory Act of the 100th General Assembly, upon |
| 22 | | certification of the Department of Revenue, the Comptroller |
| 23 | | shall
order transferred and the Treasurer shall transfer from |
| 24 | | the General Revenue
Fund to the Tourism Promotion Fund an |
| 25 | | amount equal to 13% of the net
revenue realized from the Hotel |
| 26 | | Operators' Occupation Tax Act plus an amount
equal to 13% of |
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| 1 | | the net revenue realized from any tax imposed under
Section
|
| 2 | | 4.05 of the Chicago World's Fair-1992 Authority Act during the |
| 3 | | preceding month.
"Net revenue realized for a month" means the |
| 4 | | revenue collected by the State
under that Act during the |
| 5 | | previous month less the amount paid out during that
same month |
| 6 | | as refunds to taxpayers for overpayment of liability under |
| 7 | | that
Act.
|
| 8 | | (1.1) (Blank).
|
| 9 | | (2) (Blank). As soon as possible after the first day of |
| 10 | | each month,
beginning July 1,
1997 and ending on the effective |
| 11 | | date of this amendatory Act of the 100th General Assembly, |
| 12 | | upon certification of the Department of Revenue, the |
| 13 | | Comptroller shall
order transferred and the Treasurer shall |
| 14 | | transfer from the General Revenue
Fund to the Tourism
|
| 15 | | Promotion Fund an amount equal to 8% of the net revenue |
| 16 | | realized from the Hotel
Operators' Occupation Tax plus an |
| 17 | | amount equal to 8% of the net revenue
realized from any tax |
| 18 | | imposed under Section 4.05 of the Chicago World's
Fair-1992 |
| 19 | | Authority Act during the preceding month. "Net revenue |
| 20 | | realized for
a
month" means the revenue collected by the State |
| 21 | | under that Act during the
previous month less the amount paid |
| 22 | | out during that same month as refunds to
taxpayers for |
| 23 | | overpayment of liability under that Act.
|
| 24 | | All monies deposited in the Tourism Promotion Fund under |
| 25 | | this
subsection (2) shall be used solely as provided in this |
| 26 | | subsection to
advertise and promote tourism throughout |
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| 1 | | Illinois. Appropriations of monies
deposited in the Tourism |
| 2 | | Promotion Fund pursuant to this subsection (2)
shall be used |
| 3 | | solely for advertising to promote tourism, including but not
|
| 4 | | limited to advertising production and direct advertisement |
| 5 | | costs, but shall
not be used to employ any additional staff, |
| 6 | | finance any individual event,
or lease, rent or purchase any |
| 7 | | physical facilities. The Department shall
coordinate its |
| 8 | | advertising under this subsection (2) with other public and
|
| 9 | | private entities in the State engaged in similar promotion |
| 10 | | activities.
Print or electronic media production made pursuant |
| 11 | | to this subsection (2)
for advertising promotion shall not |
| 12 | | contain or include the physical
appearance of or reference to |
| 13 | | the name or position of any public officer.
"Public officer" |
| 14 | | means a person who is elected to office pursuant to
statute, or |
| 15 | | who is appointed to an office which is established, and the
|
| 16 | | qualifications and duties of which are prescribed, by statute, |
| 17 | | to discharge
a public duty for the State or any of its |
| 18 | | political subdivisions. |
| 19 | | (3) (Blank). Notwithstanding anything in this Section to |
| 20 | | the contrary, amounts transferred from the General Revenue |
| 21 | | Fund to the Tourism Promotion Fund pursuant to this Section |
| 22 | | shall not exceed $26,300,000 in State fiscal year 2012.
|
| 23 | | (4) (Blank). As soon as possible after the first day of |
| 24 | | each month, beginning July 1, 2017 and ending June 30, 2018, if |
| 25 | | the amount of revenue deposited into the Tourism Promotion |
| 26 | | Fund under subsection (c) of Section 6 of the Hotel Operators' |
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| 1 | | Occupation Tax Act is less than 21% of the net revenue realized |
| 2 | | from the Hotel Operators' Occupation Tax during the preceding |
| 3 | | month, then, upon certification of the Department of Revenue, |
| 4 | | the State Comptroller shall direct and the State Treasurer |
| 5 | | shall transfer from the General Revenue Fund to the Tourism |
| 6 | | Promotion Fund an amount equal to the difference between 21% |
| 7 | | of the net revenue realized from the Hotel Operators' |
| 8 | | Occupation Tax during the preceding month and the amount of |
| 9 | | revenue deposited into the Tourism Promotion Fund under |
| 10 | | subsection (c) of Section 6 of the Hotel Operators' Occupation |
| 11 | | Tax Act. |
| 12 | | (5) As soon as possible after the first day of each month, |
| 13 | | beginning July 1, 2018, if the amount of revenue deposited |
| 14 | | into the Tourism Promotion Fund under Section 6 of the Hotel |
| 15 | | Operators' Occupation Tax Act is less than 21% of the net |
| 16 | | revenue realized from the Hotel Operators' Occupation Tax |
| 17 | | during the preceding month, then, upon certification of the |
| 18 | | Department of Revenue, the State Comptroller shall direct and |
| 19 | | the State Treasurer shall transfer from the General Revenue |
| 20 | | Fund to the Tourism Promotion Fund an amount equal to the |
| 21 | | difference between 21% of the net revenue realized from the |
| 22 | | Hotel Operators' Occupation Tax during the preceding month and |
| 23 | | the amount of revenue deposited into the Tourism Promotion |
| 24 | | Fund under Section 6 of the Hotel Operators' Occupation Tax |
| 25 | | Act. |
| 26 | | (6) In addition to any other transfers that may be |
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| 1 | | provided for by law, on the effective date of the changes made |
| 2 | | to this Section by this amendatory Act of the 103rd General |
| 3 | | Assembly, or as soon thereafter as practical, but no later |
| 4 | | than June 30, 2023, the State Comptroller shall direct and the |
| 5 | | State Treasurer shall transfer from the Tourism Promotion Fund |
| 6 | | into the designated funds the following amounts: |
| 7 | | International Tourism Fund..............$2,274,267.36 |
| 8 | | Chicago Travel Industry Promotion Fund..$4,396,916.95 |
| 9 | | Local Tourism Fund......................$7,367,503.22 |
| 10 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
|
| 11 | | (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
|
| 12 | | Sec. 8a. Tourism grants and loans.
|
| 13 | | (1) The Department is authorized to make grants and loans, |
| 14 | | subject to
appropriations by the General Assembly for this |
| 15 | | purpose from the Tourism
Promotion Fund,
to counties, |
| 16 | | municipalities, other units of local government, local |
| 17 | | promotion groups, not-for-profit
organizations, or
for-profit |
| 18 | | businesses for the development or improvement of tourism
|
| 19 | | attractions in Illinois. Individual grants and loans shall not
|
| 20 | | exceed
$1,000,000
and shall not exceed 50% of the entire |
| 21 | | amount of the actual expenditures for
the development or |
| 22 | | improvement of a tourist attraction. Agreements for
loans made |
| 23 | | by the Department pursuant to this subsection may contain
|
| 24 | | provisions regarding term, interest rate, security as may be |
| 25 | | required by
the Department and any other provisions the |
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| 1 | | Department may require to
protect the State's interest.
|
| 2 | | (2) From appropriations to the Department from the State |
| 3 | | CURE fund for this purpose, the Department shall establish |
| 4 | | Tourism Attraction grants for purposes outlined in subsection |
| 5 | | (1). Grants under this subsection shall not exceed $1,000,000 |
| 6 | | but may exceed 50% of the entire amount of the actual |
| 7 | | expenditure for the development or improvement of a tourist |
| 8 | | attraction, including, but not limited to, festivals. |
| 9 | | Expenditures of such funds shall be in accordance with the |
| 10 | | permitted purposes under Section 9901 of the American Rescue |
| 11 | | Plan Act of 2021 and all related federal guidance.
|
| 12 | | (3) Subject to appropriation, the Department is authorized |
| 13 | | to issue competitive grants with initial terms of up to 5 years |
| 14 | | for the purpose of administering an incentive program that |
| 15 | | will attract or retain conventions, meetings, sporting events, |
| 16 | | and trade shows in Illinois with the goal of increasing |
| 17 | | business or leisure travel. |
| 18 | | (Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; |
| 19 | | 102-813, eff. 5-13-22.)
|
| 20 | | Section 5-31. The Department of Human Services Act is |
| 21 | | amended by adding Section 1-85 as follows:
|
| 22 | | (20 ILCS 1305/1-85 new) |
| 23 | | Sec. 1-85. Home Illinois Program. Subject to |
| 24 | | appropriation, the Department of Human Services shall |
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| 1 | | establish the Home Illinois Program. The Home Illinois Program |
| 2 | | shall focus on preventing and ending homelessness in Illinois |
| 3 | | and may include, but not be limited to, homeless prevention, |
| 4 | | emergency and transitional housing, rapid rehousing, outreach, |
| 5 | | capital investment, and related services and supports for |
| 6 | | individuals at risk or experiencing homelessness. The |
| 7 | | Department may establish program eligibility criteria and |
| 8 | | other program requirements by rule. The Department of Human |
| 9 | | Services may consult with the Capital Development Board, the |
| 10 | | Department of Commerce and Economic Opportunity, and the |
| 11 | | Illinois Housing Development Authority in the management and |
| 12 | | disbursement of funds for capital related projects. The |
| 13 | | Capital Development Board, the Department of Commerce and |
| 14 | | Economic Opportunity, and the Illinois Housing Development |
| 15 | | Authority shall act in a consulting role only for the |
| 16 | | evaluation of applicants, scoring of applicants, or |
| 17 | | administration of the grant program.
|
| 18 | | Section 5-32. The Department of Innovation and Technology |
| 19 | | Act is amended by adding Section 1-16 as follows:
|
| 20 | | (20 ILCS 1370/1-16 new) |
| 21 | | Sec. 1-16. Personnel. The Governor may, with the advice |
| 22 | | and consent of the Senate, appoint a person within the |
| 23 | | Department to serve as the Deputy Secretary. The Deputy |
| 24 | | Secretary shall receive an annual salary as set by the |
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| 1 | | Governor and shall be paid out of appropriations to the |
| 2 | | Department. The Deputy Secretary shall not be subject to the |
| 3 | | Personnel Code. The duties of the Deputy Secretary shall |
| 4 | | include the coordination of the State's digital modernization |
| 5 | | and other duties as assigned by the Secretary.
|
| 6 | | Section 5-33. The Disabilities Services Act of 2003 is |
| 7 | | amended by changing Sections 51, 52, and 53 as follows:
|
| 8 | | (20 ILCS 2407/51) |
| 9 | | Sec. 51. Legislative intent. It is the intent of the |
| 10 | | General Assembly to promote the civil rights of persons with |
| 11 | | disabilities by providing community-based service for persons |
| 12 | | with disabilities when such services are determined |
| 13 | | appropriate and desired, as required by Title II of the |
| 14 | | Americans with Disabilities Act under the United States |
| 15 | | Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 |
| 16 | | (1999). In accordance with Section 6071 of the Deficit |
| 17 | | Reduction Act of 2005 (P.L. 109-171), as amended by the |
| 18 | | federal Consolidated Appropriations Act, 2021 (P.L. 116-260), |
| 19 | | the purpose of this Act is (i) to identify and reduce barriers |
| 20 | | or mechanisms, whether in State law, the State Medicaid Plan, |
| 21 | | the State budget, or otherwise, that prevent or restrict the |
| 22 | | flexible use of public funds to enable individuals with |
| 23 | | disabilities to receive support for appropriate and necessary |
| 24 | | long-term care services in settings of their choice; (ii) to |
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| 1 | | increase the use of home and community-based long-term care |
| 2 | | services, rather than institutions or long-term care |
| 3 | | facilities; (iii) to increase the ability of the State |
| 4 | | Medicaid program to assure continued provision of home and |
| 5 | | community-based long-term care services to eligible |
| 6 | | individuals who choose to transition from an institution or a |
| 7 | | long-term care facility to a community setting; and (iv) to |
| 8 | | ensure that procedures are in place that are at least |
| 9 | | comparable to those required under the qualified home and |
| 10 | | community-based program to provide quality assurance for |
| 11 | | eligible individuals receiving Medicaid home and |
| 12 | | community-based long-term care services and to provide for |
| 13 | | continuous quality improvement in such services. Utilizing the |
| 14 | | framework created by the "Money Follows the Person" |
| 15 | | demonstration project, approval received by the State on May |
| 16 | | 14, 2007, and any subsequently enacted "Money Follows the |
| 17 | | Person" demonstration project or initiative terms and |
| 18 | | conditions, the purpose of this Act is to codify and reinforce |
| 19 | | the State's commitment to promote individual choice and |
| 20 | | control and increase utilization of home and community-based |
| 21 | | services through: |
| 22 | | (a) Increased ability of the State Medicaid program to |
| 23 | | ensure continued provision of home and community-based |
| 24 | | long-term care services to eligible individuals who choose |
| 25 | | to transition from an institution to a community setting. |
| 26 | | (b) Assessment and removal of barriers to community |
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| 1 | | reintegration, including development of a comprehensive |
| 2 | | housing strategy. |
| 3 | | (c) Expand availability of consumer self-directed |
| 4 | | service options. |
| 5 | | (d) Increased use of home and community-based |
| 6 | | long-term care services, rather than institutions or |
| 7 | | long-term care facilities, such that the percentage of the |
| 8 | | State long-term care budget expended for community-based |
| 9 | | services increases from its current 28.5% to at least 37% |
| 10 | | in the next 5 years. |
| 11 | | (e) Creation and implementation of interagency |
| 12 | | agreements or budgetary mechanisms to allow for the |
| 13 | | flexible movement of allocated dollars from institutional |
| 14 | | budget appropriations to appropriations supporting home |
| 15 | | and community-based services or Medicaid State Plan |
| 16 | | options. |
| 17 | | (f) Creation of an equitable, clinically sound and |
| 18 | | cost-effective system for identification and review of |
| 19 | | community transition candidates across all long-term care |
| 20 | | systems; including improvement of prescreening, assessment |
| 21 | | for rapid reintegration and targeted review of longer stay |
| 22 | | residents, training and outreach education for providers |
| 23 | | and consumers on community alternatives across all |
| 24 | | long-term care systems. |
| 25 | | (g) Development and implementation of data and |
| 26 | | information systems to track individuals across service |
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| 1 | | systems and funding streams; support responsive |
| 2 | | eligibility determination; facilitate placement and care |
| 3 | | decisions; identify individuals with potential for |
| 4 | | transition; and drive planning for the development of |
| 5 | | community-based alternatives. |
| 6 | | (h) Establishment of procedures that are at least |
| 7 | | comparable to those required under the qualified home and |
| 8 | | community-based program to provide quality assurance for |
| 9 | | eligible individuals receiving Medicaid home and |
| 10 | | community-based long-term care services and to provide for |
| 11 | | continuous quality improvement in such services. |
| 12 | | (i) Nothing in this amendatory Act of the 95th General |
| 13 | | Assembly shall diminish or restrict the choice of an |
| 14 | | individual to reside in an institution or the quality of |
| 15 | | care they receive.
|
| 16 | | (Source: P.A. 95-438, eff. 1-1-08.)
|
| 17 | | (20 ILCS 2407/52) |
| 18 | | Sec. 52. Applicability; definitions. In accordance with |
| 19 | | Section 6071 of the Deficit Reduction Act of 2005 (P.L. |
| 20 | | 109-171), as used in this Article: |
| 21 | | "Departments". The term "Departments" means for the |
| 22 | | purposes of this Act, the Department of Human Services, the |
| 23 | | Department on Aging, Department of Healthcare and Family |
| 24 | | Services and Department of Public Health, unless otherwise |
| 25 | | noted. |
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| 1 | | "Home and community-based long-term care services". The |
| 2 | | term "home and community-based long-term care services" means, |
| 3 | | with respect to the State Medicaid program, a service aid, or |
| 4 | | benefit, home and community-based services, including, but not |
| 5 | | limited to, home health and personal care services, that are |
| 6 | | provided to a person with a disability, and are voluntarily |
| 7 | | accepted, as part of his or her long-term care that: (i) is |
| 8 | | provided under the State's qualified home and community-based |
| 9 | | program or that could be provided under such a program but is |
| 10 | | otherwise provided under the Medicaid program; (ii) is |
| 11 | | delivered in a qualified residence; and (iii) is necessary for |
| 12 | | the person with a disability to live in the community. |
| 13 | | "ID/DD community care facility". The term "ID/DD community |
| 14 | | care facility", for the purposes of this Article, means a |
| 15 | | skilled nursing or intermediate long-term care facility |
| 16 | | subject to licensure by the Department of Public Health under |
| 17 | | the ID/DD Community Care Act or the MC/DD Act, an intermediate |
| 18 | | care facility for persons with developmental disabilities |
| 19 | | (ICF-DDs), and a State-operated developmental center or mental |
| 20 | | health center, whether publicly or privately owned. |
| 21 | | "Money Follows the Person" Demonstration. Enacted by the |
| 22 | | Deficit Reduction Act of 2005, as amended by the federal |
| 23 | | Consolidated Appropriations Act, 2021 (P.L. 116-260), the |
| 24 | | Money Follows the Person (MFP) Rebalancing Demonstration is |
| 25 | | part of a comprehensive, coordinated strategy to assist |
| 26 | | states, in collaboration with stakeholders, to make widespread |
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| 1 | | changes to their long-term care support systems. This |
| 2 | | initiative will assist states in their efforts to reduce their |
| 3 | | reliance on institutional care while developing |
| 4 | | community-based long-term care opportunities, enabling the |
| 5 | | elderly and people with disabilities to fully participate in |
| 6 | | their communities. |
| 7 | | "Public funds" mean any funds appropriated by the General |
| 8 | | Assembly to the Departments of Human Services, on Aging, of |
| 9 | | Healthcare and Family Services and of Public Health for |
| 10 | | settings and services as defined in this Article. |
| 11 | | "Qualified residence". The term "qualified residence" |
| 12 | | means, with respect to an eligible individual: (i) a home |
| 13 | | owned or leased by the individual or the individual's |
| 14 | | authorized representative (as defined by P.L. 109-171); (ii) |
| 15 | | an apartment with an individual lease, with lockable access |
| 16 | | and egress, and which includes living, sleeping, bathing, and |
| 17 | | cooking areas over which the individual or the individual's |
| 18 | | family has domain and control; or (iii) a residence, in a |
| 19 | | community-based residential setting, in which no more than 4 |
| 20 | | unrelated individuals reside. Where qualified residences are |
| 21 | | not sufficient to meet the demand of eligible individuals, |
| 22 | | time-limited exceptions to this definition may be developed |
| 23 | | through administrative rule. |
| 24 | | "Self-directed services". The term "self-directed |
| 25 | | services" means, with respect to home and community-based |
| 26 | | long-term services for an eligible individual, those services |
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| 1 | | for the individual that are planned and purchased under the |
| 2 | | direction and control of the individual or the individual's |
| 3 | | authorized representative, including the amount, duration, |
| 4 | | scope, provider, and location of such services, under the |
| 5 | | State Medicaid program consistent with the following |
| 6 | | requirements: |
| 7 | | (a) Assessment: there is an assessment of the needs, |
| 8 | | capabilities, and preference of the individual with |
| 9 | | respect to such services. |
| 10 | | (b) Individual service care or treatment plan: based |
| 11 | | on the assessment, there is development jointly with such |
| 12 | | individual or individual's authorized representative, a |
| 13 | | plan for such services for the individual that (i) |
| 14 | | specifies those services, if any, that the individual or |
| 15 | | the individual's authorized representative would be |
| 16 | | responsible for directing; (ii) identifies the methods by |
| 17 | | which the individual or the individual's authorized |
| 18 | | representative or an agency designated by an individual or |
| 19 | | representative will select, manage, and dismiss providers |
| 20 | | of such services.
|
| 21 | | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
| 22 | | 99-642, eff. 7-28-16.)
|
| 23 | | (20 ILCS 2407/53) |
| 24 | | Sec. 53. Rebalancing benchmarks. |
| 25 | | (a) Illinois' long-term care system is in a state of |
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| 1 | | transformation, as evidenced by the creation and subsequent |
| 2 | | work products of the Disability Services Advisory Committee, |
| 3 | | Older Adult Services Advisory Committee, Housing Task Force |
| 4 | | and other executive and legislative branch initiatives. |
| 5 | | (b) Illinois' Money Follows the Person demonstrations or |
| 6 | | initiatives capitalize demonstration approval capitalizes on |
| 7 | | this progress and commit commits the State to transition |
| 8 | | approximately 3,357 older persons and persons with |
| 9 | | developmental, physical, or psychiatric disabilities from |
| 10 | | institutional to home and community-based settings, as |
| 11 | | appropriate resulting in an increased percentage of long-term |
| 12 | | care community spending over the next 5 years. |
| 13 | | (c) (Blank). The State will endeavor to increase the |
| 14 | | percentage of community-based long-term care spending over the |
| 15 | | next 5 years according to the following timeline: |
| 16 | | Estimated baseline: 28.5% |
| 17 | | Year 1: 30% |
| 18 | | Year 2: 31% |
| 19 | | Year 3: 32% |
| 20 | | Year 4: 35% |
| 21 | | Year 5: 37% |
| 22 | | (d) The Departments will utilize interagency agreements |
| 23 | | and will seek legislative authority to implement a Money |
| 24 | | Follows the Person budgetary mechanism to allocate or |
| 25 | | reallocate funds for the purpose of expanding the |
| 26 | | availability, quality or stability of home and community-based |
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| 1 | | long-term care services and supports for persons with |
| 2 | | disabilities. |
| 3 | | (e) The allocation of public funds for home and |
| 4 | | community-based long-term care services shall not have the |
| 5 | | effect of: (i) diminishing or reducing the quality of services |
| 6 | | available to residents of long-term care facilities; (ii) |
| 7 | | forcing any residents of long-term care facilities to |
| 8 | | involuntarily accept home and community-based long-term care |
| 9 | | services, or causing any residents of long-term care |
| 10 | | facilities to be involuntarily transferred or discharged; |
| 11 | | (iii) causing reductions in long-term care facility |
| 12 | | reimbursement rates in effect as of July 1, 2008; or (iv) |
| 13 | | diminishing access to a full array of long-term care options.
|
| 14 | | (Source: P.A. 95-438, eff. 1-1-08.)
|
| 15 | | Section 5-35. The Illinois State Police Law of the
Civil |
| 16 | | Administrative Code of Illinois is amended by changing Section |
| 17 | | 2605-407 as follows:
|
| 18 | | (20 ILCS 2605/2605-407) |
| 19 | | Sec. 2605-407. Illinois State Police Federal Projects |
| 20 | | Fund. |
| 21 | | (a) The Illinois State Police Federal Projects Fund is |
| 22 | | established as a federal trust fund in the State treasury. |
| 23 | | This federal Trust Fund is established to receive funds |
| 24 | | awarded to the Illinois State Police from the following: (i) |
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| 1 | | all federal departments and agencies for the specific purposes |
| 2 | | established by the terms and conditions of the federal awards |
| 3 | | and (ii) federal pass-through grants from State departments |
| 4 | | and agencies for the specific purposes established by the |
| 5 | | terms and conditions of the grant agreements. Any interest |
| 6 | | earnings that are attributable to moneys in the federal trust |
| 7 | | fund must be deposited into the Fund.
|
| 8 | | (b) In addition to any other transfers that may be |
| 9 | | provided for by law, on July 1, 2023, or as soon thereafter as |
| 10 | | practical, the State Comptroller shall direct and the State |
| 11 | | Treasurer shall transfer the sum of $2,000,000 from the State |
| 12 | | Police Services Fund to the Illinois State Police Federal |
| 13 | | Projects Fund. |
| 14 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 15 | | Section 5-40. The State Fire Marshal Act is amended by |
| 16 | | adding Section 2.8 as follows:
|
| 17 | | (20 ILCS 2905/2.8 new) |
| 18 | | Sec. 2.8. Fire Station Rehabilitation and Construction |
| 19 | | Grant Program. The Office shall establish and administer a |
| 20 | | Fire Station Rehabilitation and Construction Grant Program to |
| 21 | | award grants to units of local government for the |
| 22 | | rehabilitation or construction of fire stations. The Office |
| 23 | | shall adopt any rules necessary for the implementation and |
| 24 | | administration of this Section.
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| 1 | | Section 5-45. The Governor's Office of Management and |
| 2 | | Budget Act is amended by adding Section 2.13 as follows:
|
| 3 | | (20 ILCS 3005/2.13 new) |
| 4 | | Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement |
| 5 | | Authority Bonds. Subject to appropriation, the Office may make |
| 6 | | payments from the Tobacco Settlement Recovery Fund to the |
| 7 | | trustee of those bonds issued by the Railsplitter Tobacco |
| 8 | | Settlement Authority with which the Authority has executed a |
| 9 | | bond indenture pursuant to the terms of the Railsplitter |
| 10 | | Tobacco Settlement Authority Act for the purpose of defeasing |
| 11 | | outstanding bonds of the Authority.
|
| 12 | | Section 5-47. The Illinois Emergency Management Agency Act |
| 13 | | is amended by adding Section 17.8 as follows:
|
| 14 | | (20 ILCS 3305/17.8 new) |
| 15 | | Sec. 17.8. IEMA State Projects Fund. The IEMA State |
| 16 | | Projects Fund is created as a trust fund in the State treasury. |
| 17 | | The Fund shall consist of any moneys appropriated to the |
| 18 | | Agency for purposes of the Illinois' Not-For-Profit Security |
| 19 | | Grant Program, a grant program authorized by subsection (g-5) |
| 20 | | of Section 5 of this Act, to provide funding support for target |
| 21 | | hardening activities and other physical security enhancements |
| 22 | | for qualifying not-for-profit organizations that are at high |
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| 1 | | risk of terrorist attack. The Agency is authorized to use |
| 2 | | moneys appropriated from the Fund to make grants to |
| 3 | | not-for-profit organizations for target hardening activities, |
| 4 | | security personnel, and physical security enhancements and for |
| 5 | | the payment of administrative expenses associated with the |
| 6 | | Not-For-Profit Security Grant Program. As used in this |
| 7 | | Section, "target hardening activities" include, but are not |
| 8 | | limited to, the purchase and installation of security |
| 9 | | equipment on real property owned or leased by the |
| 10 | | not-for-profit organization. Grants, gifts, and moneys from |
| 11 | | any other source, public or private, may also be deposited |
| 12 | | into the Fund and used for the purposes authorized by this Act.
|
| 13 | | Section 5-50. The State Finance Act is amended by changing |
| 14 | | Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, |
| 15 | | 6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, |
| 16 | | and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
|
| 17 | | (30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
|
| 18 | | Sec. 5.62. The Working Capital Revolving Fund. This |
| 19 | | Section is repealed on January 1, 2024. |
| 20 | | (Source: Laws 1919, p. 946.)
|
| 21 | | (30 ILCS 105/5.366)
|
| 22 | | Sec. 5.366. The Live and Learn Fund. This Section is |
| 23 | | repealed on January 1, 2024. |
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| 1 | | (Source: P.A. 88-78; 88-670, eff. 12-2-94.)
|
| 2 | | (30 ILCS 105/5.581)
|
| 3 | | Sec. 5.581. The Professional Sports Teams Education Fund. |
| 4 | | This Section is repealed on January 1, 2024. |
| 5 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
| 6 | | (30 ILCS 105/5.765)
|
| 7 | | Sec. 5.765. The Soil and Water Conservation District Fund. |
| 8 | | This Section is repealed on January 1, 2024. |
| 9 | | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
| 10 | | (30 ILCS 105/5.857) |
| 11 | | (Section scheduled to be repealed on July 1, 2023) |
| 12 | | Sec. 5.857. The Capital Development Board Revolving Fund. |
| 13 | | This Section is repealed July 1, 2025 2023.
|
| 14 | | (Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; |
| 15 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 16 | | (30 ILCS 105/5.990 new) |
| 17 | | Sec. 5.990. The Imagination Library of Illinois Fund.
|
| 18 | | (30 ILCS 105/5e-1 new) |
| 19 | | Sec. 5e-1. Transfers from Road Fund. In addition to any |
| 20 | | other transfers that may be provided for by law, on July 1, |
| 21 | | 2023, or as soon thereafter as practical, the State |
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| 1 | | Comptroller shall direct and the State Treasurer shall |
| 2 | | transfer the sum of $10,000,000 from the Road Fund to the |
| 3 | | Federal Mass Transit Trust Fund. This Section is repealed on |
| 4 | | January 1, 2025.
|
| 5 | | (30 ILCS 105/5h.6 new) |
| 6 | | Sec. 5h.6. Cash flow borrowing and health insurance funds |
| 7 | | liquidity. |
| 8 | | (a) To meet cash flow deficits and to maintain liquidity |
| 9 | | in the Community College Health Insurance Security Fund, the |
| 10 | | State Treasurer and the State Comptroller, as directed by the |
| 11 | | Governor, shall make transfers, on and after July 1, 2023 and |
| 12 | | through June 30, 2024, to the Community College Health |
| 13 | | Insurance Security Fund out of the Health Insurance Reserve |
| 14 | | Fund, to the extent allowed by federal law. |
| 15 | | The outstanding total transfers made from the Health |
| 16 | | Insurance Reserve Fund to the Community College Health |
| 17 | | Insurance Security Fund under this Section shall, at no time, |
| 18 | | exceed $50,000,000. Once the amount of $50,000,000 has been |
| 19 | | transferred from the Health Insurance Reserve Fund to the |
| 20 | | Community College Health Insurance Security Fund, additional |
| 21 | | transfers may be made from the Health Insurance Reserve Fund |
| 22 | | to the Community College Health Insurance Security Fund under |
| 23 | | this Section only to the extent that moneys have first been |
| 24 | | retransferred from the Community College Health Insurance |
| 25 | | Security Fund to the Health Insurance Reserve Fund. |
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| 1 | | (b) If moneys have been transferred to the Community |
| 2 | | College Health Insurance Security Fund pursuant to subsection |
| 3 | | (a) of this Section, this amendatory Act of the 103rd General |
| 4 | | Assembly shall constitute the continuing authority for and |
| 5 | | direction to the State Treasurer and State Comptroller to |
| 6 | | reimburse the Health Insurance Reserve Fund from the Community |
| 7 | | College Health Insurance Security Fund by transferring to the |
| 8 | | Health Insurance Reserve Fund, at such times and in such |
| 9 | | amounts as directed by the Comptroller when necessary to |
| 10 | | support appropriated expenditures from the Health Insurance |
| 11 | | Reserve Fund, an amount equal to that transferred from the |
| 12 | | Health Insurance Reserve Fund, except that any moneys |
| 13 | | transferred pursuant to subsection (a) of this Section shall |
| 14 | | be repaid to the fund of origin within 108 months after the |
| 15 | | date on which they were borrowed. The continuing authority for |
| 16 | | reimbursement provided for in this subsection (b) shall expire |
| 17 | | 96 months after the date of the last transfer made pursuant to |
| 18 | | subsection (a) of this Section, or June 30, 2032, whichever is |
| 19 | | sooner. |
| 20 | | (c) Beginning July 31, 2024, and every July 31 thereafter |
| 21 | | until all moneys borrowed pursuant to this Section have been |
| 22 | | repaid, the Comptroller shall annually report on every |
| 23 | | transfer made pursuant to this Section. The report shall |
| 24 | | identify the amount of each transfer, including the date and |
| 25 | | the end-of-day balance of the Health Insurance Reserve Fund |
| 26 | | and the Community College Health Insurance Security Fund on |
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| 1 | | the date each transfer was made, and the status of all funds |
| 2 | | transferred under this Section for the previous fiscal year. |
| 3 | | All reports under this Section shall be provided in an |
| 4 | | electronic format to the Commission on Government Forecasting |
| 5 | | and Accountability and to the Governor's Office of Management |
| 6 | | and Budget.
|
| 7 | | (30 ILCS 105/6) (from Ch. 127, par. 142)
|
| 8 | | Sec. 6.
The gross or total proceeds, receipts and income |
| 9 | | of all lands
leased by the Department of Corrections and of all |
| 10 | | industrial
operations at the several State institutions and |
| 11 | | divisions under the
direction and supervision of the |
| 12 | | Department of Corrections shall be covered
into the State |
| 13 | | treasury into a state trust fund to be known as the "The |
| 14 | | Working
Capital Revolving Fund". "Industrial operations", as |
| 15 | | herein used, means and
includes the operation of those State |
| 16 | | institutions producing, by the use of
materials, supplies and |
| 17 | | labor, goods, or wares or merchandise to be sold. On July 1, |
| 18 | | 2023, or as soon thereafter as practical, the State |
| 19 | | Comptroller shall direct and the State Treasurer shall |
| 20 | | transfer the remaining balance from the Working Capital |
| 21 | | Revolving Fund into the General Revenue Fund. Upon completion |
| 22 | | of the transfer, the Working Capital Revolving Fund is |
| 23 | | dissolved, and any future deposits due to that Fund and any |
| 24 | | outstanding obligations or liabilities of that Fund shall pass |
| 25 | | to the General Revenue Fund.
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| 1 | | (Source: P.A. 90-372, eff. 7-1-98.)
|
| 2 | | (30 ILCS 105/6z-27)
|
| 3 | | Sec. 6z-27. All moneys in the Audit Expense Fund shall be
|
| 4 | | transferred, appropriated and used only for the purposes |
| 5 | | authorized by, and
subject to the limitations and conditions |
| 6 | | prescribed by, the Illinois State Auditing
Act. |
| 7 | | Within 30 days after July 1, 2023 2022, or as soon |
| 8 | | thereafter as practical,
the State Comptroller shall order |
| 9 | | transferred and the State Treasurer shall transfer from the
|
| 10 | | following funds moneys in the specified amounts for deposit |
| 11 | | into the Audit Expense Fund: |
| 12 | | African-American HIV/AIDS Response Fund................$1,421 |
| 13 | | Agricultural Premium Fund............................$122,719 |
| 14 | | Alzheimer's Awareness Fund.............................$1,499 |
| 15 | | Alzheimer's Disease Research, Care, and Support Fund.....$662 |
| 16 | | Amusement Ride and Patron Safety Fund..................$6,315 |
| 17 | | Assisted Living and Shared Housing Regulatory Fund.....$2,564 |
| 18 | | Capital Development Board Revolving Fund..............$15,118 |
| 19 | | Care Provider Fund for Persons with a Developmental |
| 20 | | Disability........................................$15,392 |
| 21 | | Carolyn Adams Ticket For The Cure Grant Fund.............$927 |
| 22 | | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
| 23 | | Driver's License Information |
| 24 | | System/American Association of |
| 25 | | Motor Vehicle Administrators |
|
| | 10300HB3817sam003 | - 67 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | network/National Motor Vehicle |
| 2 | | Title Information Service Trust Fund)..............$5,236 |
| 3 | | Chicago Police Memorial Foundation Fund..................$708 |
| 4 | | Chicago State University Education Improvement Fund...$13,666 |
| 5 | | Child Labor and Day and Temporary Labor |
| 6 | | Services Enforcement Fund.........................$11,991 |
| 7 | | Child Support Administrative Fund......................$5,287 |
| 8 | | Clean Air Act Permit Fund..............................$1,556 |
| 9 | | Coal Technology Development Assistance Fund............$6,936 |
| 10 | | Common School Fund...................................$343,892 |
| 11 | | Community Mental Health Medicaid Trust Fund...........$14,084 |
| 12 | | Corporate Franchise Tax Refund Fund....................$1,096 |
| 13 | | DCFS Children's Services Fund..........................$8,766 |
| 14 | | Death Certificate Surcharge Fund.......................$2,060 |
| 15 | | Death Penalty Abolition Fund...........................$2,448 |
| 16 | | Department of Business Services Special |
| 17 | | Operations Fund...................................$13,889 |
| 18 | | Department of Human Services Community Services Fund...$7,970 |
| 19 | | Downstate Public Transportation Fund..................$11,631 |
| 20 | | Dram Shop Fund.......................................$142,500 |
| 21 | | Driver Services Administration Fund....................$1,873 |
| 22 | | Drug Rebate Fund......................................$42,473 |
| 23 | | Drug Treatment Fund....................................$1,767 |
| 24 | | Education Assistance Fund..........................$2,031,292 |
| 25 | | Emergency Public Health Fund...........................$5,162 |
| 26 | | Environmental Protection Permit and Inspection Fund....$1,447 |
|
| | 10300HB3817sam003 | - 68 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Estate Tax Refund Fund...................................$852 |
| 2 | | Facilities Management Revolving Fund..................$50,148 |
| 3 | | Facility Licensing Fund................................$5,522 |
| 4 | | Fair and Exposition Fund...............................$4,248 |
| 5 | | Feed Control Fund......................................$7,709 |
| 6 | | Fertilizer Control Fund................................$6,849 |
| 7 | | Fire Prevention Fund...................................$3,859 |
| 8 | | Fund for the Advancement of Education.................$24,772 |
| 9 | | General Assembly Operations Revolving Fund.............$1,146 |
| 10 | | General Professions Dedicated Fund.....................$4,039 |
| 11 | | General Revenue Fund..............................$17,653,153 |
| 12 | | Governor's Administrative Fund.........................$2,832 |
| 13 | | Governor's Grant Fund.................................$17,709 |
| 14 | | Grade Crossing Protection Fund...........................$930 |
| 15 | | Grant Accountability and Transparency Fund...............$805 |
| 16 | | Guardianship and Advocacy Fund........................$14,843 |
| 17 | | Hazardous Waste Fund.....................................$835 |
| 18 | | Health Facility Plan Review Fund.......................$1,776 |
| 19 | | Health and Human Services Medicaid Trust Fund..........$6,554 |
| 20 | | Healthcare Provider Relief Fund......................$407,107 |
| 21 | | Healthy Smiles Fund......................................$738 |
| 22 | | Home Care Services Agency Licensure Fund...............$3,101 |
| 23 | | Hospital Licensure Fund................................$1,688 |
| 24 | | Hospital Provider Fund...............................$138,829 |
| 25 | | ICCB Federal Trust Fund................................$9,968 |
| 26 | | ICJIA Violence Prevention Fund...........................$932 |
|
| | 10300HB3817sam003 | - 69 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Illinois Affordable Housing Trust Fund................$17,236 |
| 2 | | Illinois Clean Water Fund..............................$2,152 |
| 3 | | Illinois Health Facilities Planning Fund...............$3,094 |
| 4 | | IMSA Income Fund......................................$12,417 |
| 5 | | Illinois Power Agency Operations Fund.................$62,583 |
| 6 | | Illinois School Asbestos Abatement Fund..................$784 |
| 7 | | Illinois State Fair Fund..............................$29,752 |
| 8 | | Illinois State Police Memorial Park Fund.................$681 |
| 9 | | Illinois Telecommunications Access Corporation Fund....$1,668 |
| 10 | | Illinois Underground Utility Facilities |
| 11 | | Damage Prevention Fund.............................$4,276 |
| 12 | | Illinois Veterans' Rehabilitation Fund.................$5,943 |
| 13 | | Illinois Workers' Compensation Commission |
| 14 | | Operations Fund..................................$243,187 |
| 15 | | Income Tax Refund Fund................................$54,420 |
| 16 | | Lead Poisoning Screening, Prevention, and |
| 17 | | Abatement Fund....................................$16,379 |
| 18 | | Live and Learn Fund...................................$25,492 |
| 19 | | Lobbyist Registration Administration Fund..............$1,471 |
| 20 | | Local Government Distributive Fund....................$44,025 |
| 21 | | Long Term Care Monitor/Receiver Fund..................$42,016 |
| 22 | | Long-Term Care Provider Fund..........................$13,537 |
| 23 | | Low-Level Radioactive Waste Facility Development |
| 24 | | and Operation Fund...................................$618 |
| 25 | | Mandatory Arbitration Fund.............................$2,104 |
| 26 | | Medical Special Purposes Trust Fund......................$786 |
|
| | 10300HB3817sam003 | - 70 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Mental Health Fund.....................................$9,376 |
| 2 | | Mental Health Reporting Fund...........................$1,443 |
| 3 | | Metabolic Screening and Treatment Fund................$32,049 |
| 4 | | Monitoring Device Driving Permit Administration |
| 5 | | Fee Fund...........................................$1,616 |
| 6 | | Motor Fuel Tax Fund...................................$36,238 |
| 7 | | Motor Vehicle License Plate Fund......................$17,694 |
| 8 | | Multiple Sclerosis Research Fund.........................$758 |
| 9 | | Nuclear Safety Emergency Preparedness Fund............$26,117 |
| 10 | | Nursing Dedicated and Professional Fund................$2,420 |
| 11 | | Open Space Lands Acquisition and Development Fund........$658 |
| 12 | | Partners For Conservation Fund........................$89,847 |
| 13 | | Pension Stabilization Fund.............................$1,031 |
| 14 | | Personal Property Tax Replacement Fund...............$290,755 |
| 15 | | Pesticide Control Fund................................$30,513 |
| 16 | | Plumbing Licensure and Program Fund....................$6,276 |
| 17 | | Police Memorial Committee Fund...........................$813 |
| 18 | | Professional Services Fund............................$72,029 |
| 19 | | Public Health Laboratory Services Revolving Fund.......$5,816 |
| 20 | | Public Transportation Fund............................$46,826 |
| 21 | | Public Utility Fund..................................$198,423 |
| 22 | | Radiation Protection Fund.............................$11,034 |
| 23 | | Renewable Energy Resources Trust Fund..................$7,834 |
| 24 | | Road Fund............................................$226,150 |
| 25 | | Regional Transportation Authority Occupation |
| 26 | | and Use Tax Replacement Fund.......................$1,167 |
|
| | 10300HB3817sam003 | - 71 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | School Infrastructure Fund.............................$7,749 |
| 2 | | Secretary of State DUI Administration Fund.............$2,694 |
| 3 | | Secretary of State Identification Security |
| 4 | | and Theft Prevention Fund.........................$12,676 |
| 5 | | Secretary of State Police Services Fund..................$717 |
| 6 | | Secretary of State Special License Plate Fund..........$4,203 |
| 7 | | Secretary of State Special Services Fund..............$34,491 |
| 8 | | Securities Audit and Enforcement Fund..................$8,198 |
| 9 | | Solid Waste Management Fund............................$1,613 |
| 10 | | Special Olympics Illinois and Special |
| 11 | | Children's Charities Fund............................$852 |
| 12 | | Special Education Medicaid Matching Fund...............$5,131 |
| 13 | | Sports Wagering Fund...................................$4,450 |
| 14 | | State and Local Sales Tax Reform Fund..................$2,361 |
| 15 | | State Construction Account Fund.......................$37,865 |
| 16 | | State Gaming Fund.....................................$94,435 |
| 17 | | State Garage Revolving Fund............................$8,977 |
| 18 | | State Lottery Fund...................................$340,323 |
| 19 | | State Pensions Fund..................................$500,000 |
| 20 | | State Treasurer's Bank Services Trust Fund.............$1,295 |
| 21 | | Supreme Court Special Purposes Fund....................$1,722 |
| 22 | | Tattoo and Body Piercing Establishment |
| 23 | | Registration Fund....................................$950 |
| 24 | | Tax Compliance and Administration Fund.................$1,483 |
| 25 | | Technology Management Revolving Fund.................$186,193 |
| 26 | | Tobacco Settlement Recovery Fund......................$29,864 |
|
| | 10300HB3817sam003 | - 72 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Tourism Promotion Fund................................$50,155 |
| 2 | | Transportation Regulatory Fund........................$78,256 |
| 3 | | Trauma Center Fund.....................................$1,960 |
| 4 | | Underground Storage Tank Fund..........................$3,630 |
| 5 | | University of Illinois Hospital Services Fund..........$6,712 |
| 6 | | Vehicle Hijacking and Motor Vehicle |
| 7 | | Theft Prevention and Insurance |
| 8 | | Verification Trust Fund...........................$10,970 |
| 9 | | Vehicle Inspection Fund................................$5,069 |
| 10 | | Weights and Measures Fund.............................$22,129 |
| 11 | | Youth Alcoholism and Substance Abuse Prevention Fund.....$526 |
| 12 | | Attorney General Court Ordered and Voluntary Compliance |
| 13 | | Payment Projects Fund.............................$38,974 |
| 14 | | Attorney General Sex Offender Awareness, |
| 15 | | Training, and Education Fund.........................$539 |
| 16 | | Aggregate Operations Regulatory Fund.....................$711 |
| 17 | | Agricultural Premium Fund.............................$25,265 |
| 18 | | Attorney General's State Projects and Court |
| 19 | | Ordered Distribution Fund.........................$43,667 |
| 20 | | Anna Veterans Home Fund...............................$15,792 |
| 21 | | Appraisal Administration Fund..........................$4,017 |
| 22 | | Attorney General Whistleblower Reward |
| 23 | | and Protection Fund...............................$22,896 |
| 24 | | Bank and Trust Company Fund...........................$78,017 |
| 25 | | Cannabis Expungement Fund..............................$4,501 |
| 26 | | Capital Development Board Revolving Fund...............$2,494 |
|
| | 10300HB3817sam003 | - 73 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Care Provider Fund for Persons with |
| 2 | | a Developmental Disability.........................$5,707 |
| 3 | | CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702 |
| 4 | | Cemetery Oversight Licensing and Disciplinary Fund.....$5,002 |
| 5 | | Chicago State University Education |
| 6 | | Improvement Fund..................................$16,218 |
| 7 | | Child Support Administrative Fund......................$2,657 |
| 8 | | Clean Air Act Permit Fund.............................$10,108 |
| 9 | | Coal Technology Development Assistance Fund...........$12,943 |
| 10 | | Commitment to Human Services Fund....................$111,465 |
| 11 | | Common School Fund...................................$445,997 |
| 12 | | Community Mental Health Medicaid Trust Fund............$9,599 |
| 13 | | Community Water Supply Laboratory Fund...................$637 |
| 14 | | Credit Union Fund.....................................$16,048 |
| 15 | | DCFS Children's Services Fund........................$287,247 |
| 16 | | Department of Business Services |
| 17 | | Special Operations Fund............................$4,402 |
| 18 | | Department of Corrections Reimbursement |
| 19 | | and Education Fund................................$60,429 |
| 20 | | Design Professionals Administration |
| 21 | | and Investigation Fund.............................$3,362 |
| 22 | | Department of Human Services Community Services Fund...$5,239 |
| 23 | | Downstate Public Transportation Fund..................$30,625 |
| 24 | | Driver Services Administration Fund......................$639 |
| 25 | | Drivers Education Fund.................................$1,202 |
| 26 | | Drug Rebate Fund......................................$22,702 |
|
| | 10300HB3817sam003 | - 74 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Drug Treatment Fund......................................$571 |
| 2 | | Drycleaner Environmental Response Trust Fund.............$846 |
| 3 | | Education Assistance Fund..........................$1,969,661 |
| 4 | | Environmental Protection Permit and |
| 5 | | Inspection Fund....................................$7,079 |
| 6 | | Facilities Management Revolving Fund..................$16,163 |
| 7 | | Federal High Speed Rail Trust Fund.....................$1,264 |
| 8 | | Federal Workforce Training Fund.......................$91,791 |
| 9 | | Feed Control Fund......................................$1,701 |
| 10 | | Fertilizer Control Fund................................$1,791 |
| 11 | | Fire Prevention Fund...................................$3,507 |
| 12 | | Firearm Dealer License Certification Fund................$648 |
| 13 | | Fund for the Advancement of Education.................$44,609 |
| 14 | | General Professions Dedicated Fund....................$31,353 |
| 15 | | General Revenue Fund..............................$17,663,958 |
| 16 | | Grade Crossing Protection Fund.........................$1,856 |
| 17 | | Hazardous Waste Fund...................................$8,446 |
| 18 | | Health and Human Services Medicaid Trust Fund..........$6,134 |
| 19 | | Healthcare Provider Relief Fund......................$185,164 |
| 20 | | Horse Racing Fund....................................$169,632 |
| 21 | | Hospital Provider Fund................................$63,346 |
| 22 | | ICCB Federal Trust Fund..............................$10,805 |
| 23 | | Illinois Affordable Housing Trust Fund.................$5,414 |
| 24 | | Illinois Charity Bureau Fund...........................$3,298 |
| 25 | | Illinois Clean Water Fund.............................$11,951 |
| 26 | | Illinois Forestry Development Fund....................$11,004 |
|
| | 10300HB3817sam003 | - 75 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Illinois Gaming Law Enforcement Fund...................$1,869 |
| 2 | | IMSA Income Fund.......................................$2,188 |
| 3 | | Illinois Military Family Relief Fund...................$6,986 |
| 4 | | Illinois Power Agency Operations Fund.................$41,229 |
| 5 | | Illinois State Dental Disciplinary Fund................$6,127 |
| 6 | | Illinois State Fair Fund.................................$660 |
| 7 | | Illinois State Medical Disciplinary Fund..............$23,384 |
| 8 | | Illinois State Pharmacy Disciplinary Fund.............$10,308 |
| 9 | | Illinois Veterans Assistance Fund......................$2,016 |
| 10 | | Illinois Veterans' Rehabilitation Fund...................$862 |
| 11 | | Illinois Wildlife Preservation Fund....................$1,742 |
| 12 | | Illinois Workers' Compensation Commission |
| 13 | | Operations Fund....................................$4,476 |
| 14 | | Income Tax Refund Fund...............................$239,691 |
| 15 | | Insurance Financial Regulation Fund..................$104,462 |
| 16 | | Insurance Premium Tax Refund Fund.....................$23,121 |
| 17 | | Insurance Producer Administration Fund...............$104,566 |
| 18 | | International Tourism Fund.............................$1,985 |
| 19 | | LaSalle Veterans Home Fund............................$46,145 |
| 20 | | LEADS Maintenance Fund...................................$681 |
| 21 | | Live and Learn Fund....................................$8,120 |
| 22 | | Local Government Distributive Fund...................$154,289 |
| 23 | | Long-Term Care Provider Fund...........................$6,468 |
| 24 | | Manteno Veterans Home Fund............................$93,493 |
| 25 | | Mental Health Fund....................................$12,227 |
| 26 | | Mental Health Reporting Fund.............................$611 |
|
| | 10300HB3817sam003 | - 76 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Monitoring Device Driving Permit |
| 2 | | Administration Fee Fund..............................$617 |
| 3 | | Motor Carrier Safety Inspection Fund...................$1,823 |
| 4 | | Motor Fuel Tax Fund..................................$103,497 |
| 5 | | Motor Vehicle License Plate Fund.......................$5,656 |
| 6 | | Motor Vehicle Theft Prevention and Insurance |
| 7 | | Verification Trust Fund............................$2,618 |
| 8 | | Nursing Dedicated and Professional Fund...............$11,973 |
| 9 | | Off-Highway Vehicle Trails Fund........................$1,994 |
| 10 | | Open Space Lands Acquisition and Development Fund.....$45,493 |
| 11 | | Optometric Licensing and Disciplinary Board Fund.......$1,169 |
| 12 | | Partners For Conservation Fund........................$19,950 |
| 13 | | Pawnbroker Regulation Fund.............................$1,053 |
| 14 | | Personal Property Tax Replacement Fund...............$203,036 |
| 15 | | Pesticide Control Fund.................................$6,845 |
| 16 | | Professional Services Fund.............................$2,778 |
| 17 | | Professions Indirect Cost Fund.......................$172,106 |
| 18 | | Public Pension Regulation Fund.........................$6,919 |
| 19 | | Public Transportation Fund............................$77,303 |
| 20 | | Quincy Veterans Home Fund.............................$91,704 |
| 21 | | Real Estate License Administration Fund...............$33,329 |
| 22 | | Registered Certified Public Accountants' |
| 23 | | Administration and Disciplinary Fund...............$3,617 |
| 24 | | Renewable Energy Resources Trust Fund..................$1,591 |
| 25 | | Rental Housing Support Program Fund....................$1,539 |
| 26 | | Residential Finance Regulatory Fund...................$20,510 |
|
| | 10300HB3817sam003 | - 77 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Road Fund............................................$399,062 |
| 2 | | Regional Transportation Authority Occupation and |
| 3 | | Use Tax Replacement Fund...........................$5,205 |
| 4 | | Salmon Fund..............................................$655 |
| 5 | | School Infrastructure Fund............................$14,015 |
| 6 | | Secretary of State DUI Administration Fund.............$1,025 |
| 7 | | Secretary of State Identification Security |
| 8 | | and Theft Prevention Fund..........................$4,502 |
| 9 | | Secretary of State Special License Plate Fund..........$1,384 |
| 10 | | Secretary of State Special Services Fund...............$8,114 |
| 11 | | Securities Audit and Enforcement Fund..................$2,824 |
| 12 | | State Small Business Credit Initiative Fund............$4,331 |
| 13 | | Solid Waste Management Fund...........................$10,397 |
| 14 | | Special Education Medicaid Matching Fund...............$2,924 |
| 15 | | Sports Wagering Fund...................................$8,572 |
| 16 | | State Police Law Enforcement Administration Fund.......$6,822 |
| 17 | | State and Local Sales Tax Reform Fund.................$10,355 |
| 18 | | State Asset Forfeiture Fund............................$1,740 |
| 19 | | State Aviation Program Fund..............................$557 |
| 20 | | State Construction Account Fund......................$195,722 |
| 21 | | State Crime Laboratory Fund............................$7,743 |
| 22 | | State Gaming Fund....................................$204,660 |
| 23 | | State Garage Revolving Fund............................$3,731 |
| 24 | | State Lottery Fund...................................$129,814 |
| 25 | | State Offender DNA Identification System Fund..........$1,405 |
| 26 | | State Pensions Fund..................................$500,000 |
|
| | 10300HB3817sam003 | - 78 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | State Police Firearm Services Fund....................$16,122 |
| 2 | | State Police Services Fund............................$21,151 |
| 3 | | State Police Vehicle Fund..............................$3,013 |
| 4 | | State Police Whistleblower Reward |
| 5 | | and Protection Fund................................$2,452 |
| 6 | | Subtitle D Management Fund.............................$1,431 |
| 7 | | Supplemental Low-Income Energy Assistance Fund........$68,591 |
| 8 | | Tax Compliance and Administration Fund.................$5,259 |
| 9 | | Technology Management Revolving Fund.................$244,294 |
| 10 | | Tobacco Settlement Recovery Fund.......................$4,653 |
| 11 | | Tourism Promotion Fund................................$35,322 |
| 12 | | Traffic and Criminal Conviction Surcharge Fund.......$136,332 |
| 13 | | Underground Storage Tank Fund.........................$20,429 |
| 14 | | University of Illinois Hospital Services Fund..........$3,664 |
| 15 | | Vehicle Inspection Fund...............................$11,203 |
| 16 | | Violent Crime Victims Assistance Fund.................$14,202 |
| 17 | | Weights and Measures Fund..............................$6,127 |
| 18 | | Working Capital Revolving Fund........................$18,120
|
| 19 | | Notwithstanding any provision of the law to the contrary, |
| 20 | | the General
Assembly hereby authorizes the use of such funds |
| 21 | | for the purposes set forth
in this Section.
|
| 22 | | These provisions do not apply to funds classified by the |
| 23 | | Comptroller
as federal trust funds or State trust funds. The |
| 24 | | Audit Expense Fund may
receive transfers from those trust |
| 25 | | funds only as directed herein, except
where prohibited by the |
| 26 | | terms of the trust fund agreement. The Auditor
General shall |
|
| | 10300HB3817sam003 | - 79 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | notify the trustees of those funds of the estimated cost of
the |
| 2 | | audit to be incurred under the Illinois State Auditing Act for |
| 3 | | the
fund. The trustees of those funds shall direct the State |
| 4 | | Comptroller and
Treasurer to transfer the estimated amount to |
| 5 | | the Audit Expense Fund.
|
| 6 | | The Auditor General may bill entities that are not subject |
| 7 | | to the above
transfer provisions, including private entities, |
| 8 | | related organizations and
entities whose funds are |
| 9 | | locally-held, for the cost of audits, studies, and
|
| 10 | | investigations incurred on their behalf. Any revenues received |
| 11 | | under this
provision shall be deposited into the Audit Expense |
| 12 | | Fund.
|
| 13 | | In the event that moneys on deposit in any fund are |
| 14 | | unavailable, by
reason of deficiency or any other reason |
| 15 | | preventing their lawful
transfer, the State Comptroller shall |
| 16 | | order transferred
and the State Treasurer shall transfer the |
| 17 | | amount deficient or otherwise
unavailable from the General |
| 18 | | Revenue Fund for deposit into the Audit Expense
Fund.
|
| 19 | | On or before December 1, 1992, and each December 1 |
| 20 | | thereafter, the
Auditor General shall notify the Governor's |
| 21 | | Office of Management
and Budget (formerly Bureau of the |
| 22 | | Budget)
of the amount
estimated to be necessary to pay for |
| 23 | | audits, studies, and investigations in
accordance with the |
| 24 | | Illinois State Auditing Act during the next succeeding
fiscal |
| 25 | | year for each State fund for which a transfer or reimbursement |
| 26 | | is
anticipated.
|
|
| | 10300HB3817sam003 | - 80 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | Beginning with fiscal year 1994 and during each fiscal |
| 2 | | year thereafter,
the Auditor General may direct the State |
| 3 | | Comptroller and Treasurer to
transfer moneys from funds |
| 4 | | authorized by the General Assembly for that
fund. In the event |
| 5 | | funds, including federal and State trust funds but
excluding |
| 6 | | the General Revenue Fund, are transferred, during fiscal year |
| 7 | | 1994
and during each fiscal year thereafter, in excess of the |
| 8 | | amount to pay actual
costs attributable to audits, studies, |
| 9 | | and investigations as permitted or
required by the Illinois |
| 10 | | State Auditing Act or specific action of the General
Assembly, |
| 11 | | the Auditor General shall, on September 30, or as soon |
| 12 | | thereafter as
is practicable, direct the State Comptroller and |
| 13 | | Treasurer to transfer the
excess amount back to the fund from |
| 14 | | which it was originally transferred.
|
| 15 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 16 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 17 | | (30 ILCS 105/6z-32)
|
| 18 | | Sec. 6z-32. Partners for Planning and Conservation.
|
| 19 | | (a) The Partners for Conservation Fund (formerly known as |
| 20 | | the Conservation 2000 Fund) and the Partners for
Conservation |
| 21 | | Projects Fund (formerly known as the Conservation 2000 |
| 22 | | Projects Fund) are
created as special funds in the State |
| 23 | | Treasury. These funds
shall be used to establish a |
| 24 | | comprehensive program to protect Illinois' natural
resources |
| 25 | | through cooperative partnerships between State government and |
|
| | 10300HB3817sam003 | - 81 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | public
and private landowners. Moneys in these Funds may be
|
| 2 | | used, subject to appropriation, by the Department of Natural |
| 3 | | Resources, Environmental Protection Agency, and the
Department |
| 4 | | of Agriculture for purposes relating to natural resource |
| 5 | | protection,
planning, recreation, tourism, climate resilience, |
| 6 | | and compatible agricultural and economic development
|
| 7 | | activities. Without limiting these general purposes, moneys in |
| 8 | | these Funds may
be used, subject to appropriation, for the |
| 9 | | following specific purposes:
|
| 10 | | (1) To foster sustainable agriculture practices and |
| 11 | | control soil erosion,
sedimentation, and nutrient loss |
| 12 | | from farmland, including grants to Soil and Water |
| 13 | | Conservation Districts
for conservation practice |
| 14 | | cost-share grants and for personnel, educational, and
|
| 15 | | administrative expenses.
|
| 16 | | (2) To establish and protect a system of ecosystems in |
| 17 | | public and private
ownership through conservation |
| 18 | | easements, incentives to public and private
landowners, |
| 19 | | natural resource restoration and preservation, water |
| 20 | | quality protection and improvement, land use and watershed |
| 21 | | planning, technical assistance and grants, and
land |
| 22 | | acquisition provided these mechanisms are all voluntary on |
| 23 | | the part of the
landowner and do not involve the use of |
| 24 | | eminent domain.
|
| 25 | | (3) To develop a systematic and long-term program to |
| 26 | | effectively measure
and monitor natural resources and |
|
| | 10300HB3817sam003 | - 82 - | LRB103 30519 JDS 62537 a |
|
|
|
| 1 | | ecological conditions through investments in
technology |
| 2 | | and involvement of scientific experts.
|
| 3 | | (4) To initiate strategies to enhance, use, and |
| 4 | | maintain Illinois' inland
lakes through education, |
| 5 | | technical assistance, research, and financial
incentives.
|
| 6 | | (5) To partner with private landowners and with units |
| 7 | | of State, federal, and local government and with |
| 8 | | not-for-profit organizations in order to integrate State |
| 9 | | and federal programs with Illinois' natural resource |
| 10 | | protection and restoration efforts and to meet |
| 11 | | requirements to obtain federal and other funds for |
| 12 | | conservation or protection of natural resources. |
| 13 | | (6) To implement the State's Nutrient Loss Reduction |
| 14 | | Strategy, including, but not limited to, funding the |
| 15 | | resources needed to support the Strategy's Policy Working |
| 16 | | Group, cover water quality monitoring in support of |
| 17 | | Strategy implementation, prepare a biennial report on the |
| 18 | | progress made on the Strategy every 2 years, and provide |
| 19 | | cost share funding for nutrient capture projects. |
| 20 | | (7) To provide capacity grants to support soil and |
| 21 | | water conservation districts, including, but not limited |
| 22 | | to, developing soil health plans, conducting soil health |
| 23 | | assessments, peer-to-peer training, convening |
| 24 | | producer-led dialogues, professional development and |
| 25 | | travel stipends for meetings and educational events.
|
| 26 | | (b) The State Comptroller and State Treasurer shall |
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| 1 | | automatically transfer
on the last day of each month, |
| 2 | | beginning on September 30, 1995 and ending on
June 30, 2024 |
| 3 | | 2023,
from the General Revenue Fund to the Partners for |
| 4 | | Conservation
Fund,
an
amount equal to 1/10 of the amount set |
| 5 | | forth below in fiscal year 1996 and
an amount equal to 1/12 of |
| 6 | | the amount set forth below in each of the other
specified |
| 7 | | fiscal years:
|
|
| 8 | | Fiscal Year |
Amount |
|
| 9 | | 1996 |
$ 3,500,000 |
|
| 10 | | 1997 |
$ 9,000,000 |
|
| 11 | | 1998 |
$10,000,000 |
|
| 12 | | 1999 |
$11,000,000 |
|
| 13 | | 2000 |
$12,500,000 |
|
| 14 | | 2001 through 2004 |
$14,000,000 |
|
| 15 | | 2005
| $7,000,000 | |
| 16 | | 2006
| $11,000,000
| |
| 17 | | 2007
| $0
| |
| 18 | | 2008 through 2011
| $14,000,000
| |
| 19 | | 2012 | $12,200,000 | |
| 20 | | 2013 through 2017 | $14,000,000 | |
| 21 | | 2018 | $1,500,000 | |
| 22 | | 2019 | $14,000,000 | |
| 23 | | 2020 | $7,500,000 | |
| 24 | | 2021 through 2023 | $14,000,000 | |
| 25 | | 2024 | $18,000,000 |
|
| 26 | | (c) The State Comptroller and State Treasurer shall |
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| 1 | | automatically transfer on the last day of each month beginning |
| 2 | | on July 31, 2021 and ending June 30, 2022, from the |
| 3 | | Environmental Protection Permit and Inspection Fund to the |
| 4 | | Partners for Conservation Fund, an amount equal to 1/12 of |
| 5 | | $4,135,000.
|
| 6 | | (c-1) The State Comptroller and State Treasurer shall |
| 7 | | automatically transfer on the last day of each month beginning |
| 8 | | on July 31, 2022 and ending June 30, 2023, from the |
| 9 | | Environmental Protection Permit and Inspection Fund to the |
| 10 | | Partners for Conservation Fund, an amount equal to 1/12 of |
| 11 | | $5,900,000. |
| 12 | | (d) There shall be deposited into the Partners for
|
| 13 | | Conservation Projects Fund such
bond proceeds and other moneys |
| 14 | | as may, from time to time, be provided by law.
|
| 15 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
| 16 | | 102-699, eff. 4-19-22.)
|
| 17 | | (30 ILCS 105/6z-35)
|
| 18 | | Sec. 6z-35.
There is hereby created in the State Treasury |
| 19 | | a special fund
to be known as the Live and Learn Fund. The |
| 20 | | Comptroller and the Treasurer
shall transfer $1,742,000 from |
| 21 | | the General Revenue Fund into the Live and Learn
Fund each |
| 22 | | month. The first transfer shall be made 60 days after the |
| 23 | | effective
date of this amendatory Act of 1993, with subsequent |
| 24 | | transfers occurring on the
first of each month. Moneys |
| 25 | | deposited into the Fund may, subject to
appropriation, be used |
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| 1 | | by the Secretary of State for any or all of the
following |
| 2 | | purposes:
|
| 3 | | (a) An organ donation awareness or education program.
|
| 4 | | (b) To provide additional funds for all types of |
| 5 | | library grants as
authorized and administered by the |
| 6 | | Secretary of State as State Librarian.
|
| 7 | | On July 1, 2023, any future deposits due to the Live and |
| 8 | | Learn Fund and any outstanding obligations or liabilities of |
| 9 | | that Fund shall pass to the General Revenue Fund. On November |
| 10 | | 1, 2023, or as soon thereafter as practical, the State |
| 11 | | Comptroller shall direct and the State Treasurer shall |
| 12 | | transfer the remaining balance from the Live and Learn Fund |
| 13 | | into the Secretary of State Special Services Fund. This |
| 14 | | Section is repealed on January 1, 2024. |
| 15 | | (Source: P.A. 88-78.)
|
| 16 | | (30 ILCS 105/6z-43)
|
| 17 | | Sec. 6z-43. Tobacco Settlement Recovery Fund.
|
| 18 | | (a) There is created in the State Treasury a special fund |
| 19 | | to be known
as the Tobacco Settlement Recovery Fund, which |
| 20 | | shall contain 3 accounts: (i) the General Account, (ii) the |
| 21 | | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco |
| 22 | | Settlement Residual Account. There shall be deposited into the |
| 23 | | several accounts of the Tobacco Settlement Recovery Fund
and |
| 24 | | the Attorney General Tobacco Fund all monies paid to the State |
| 25 | | pursuant to (1) the Master Settlement Agreement
entered in the |
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| 1 | | case of People of the State of Illinois v. Philip Morris, et |
| 2 | | al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any |
| 3 | | settlement with or
judgment against any tobacco product |
| 4 | | manufacturer other than one participating
in the Master |
| 5 | | Settlement Agreement in satisfaction of any released claim as
|
| 6 | | defined in the Master Settlement Agreement, as well as any |
| 7 | | other monies as
provided by law. Moneys shall be deposited |
| 8 | | into
the Tobacco Settlement Bond Proceeds Account and the |
| 9 | | Tobacco Settlement Residual Account as provided by the terms |
| 10 | | of the Railsplitter Tobacco Settlement Authority Act, provided |
| 11 | | that an annual amount not less than $2,500,000, subject to |
| 12 | | appropriation, shall be deposited into the Attorney General |
| 13 | | Tobacco Fund for use only by the Attorney General's office. |
| 14 | | The scheduled $2,500,000 deposit into the Tobacco Settlement |
| 15 | | Residual Account for fiscal year 2011 should be transferred to |
| 16 | | the Attorney General Tobacco Fund in fiscal year 2012 as soon |
| 17 | | as this fund has been established. All other moneys available |
| 18 | | to be deposited into the Tobacco Settlement Recovery Fund |
| 19 | | shall be deposited into the General Account. An investment |
| 20 | | made from moneys credited to a specific account constitutes |
| 21 | | part of that account and such account shall be credited with |
| 22 | | all income from the investment of such moneys. The Treasurer
|
| 23 | | may invest the moneys in the several accounts of the Fund in |
| 24 | | the same manner, in the same types of
investments, and subject |
| 25 | | to the same limitations provided in the Illinois
Pension Code |
| 26 | | for the investment of pension funds other than those |
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| 1 | | established
under Article 3 or 4 of the Code. Notwithstanding |
| 2 | | the foregoing, to the extent necessary to preserve the |
| 3 | | tax-exempt status of any bonds issued pursuant to the |
| 4 | | Railsplitter Tobacco Settlement Authority Act, the interest on |
| 5 | | which is intended to be excludable from the gross income of the |
| 6 | | owners for federal income tax purposes, moneys on deposit in |
| 7 | | the Tobacco Settlement Bond Proceeds Account and the Tobacco |
| 8 | | Settlement Residual Account may be invested in obligations the |
| 9 | | interest upon which is tax-exempt under the provisions of |
| 10 | | Section 103 of the Internal Revenue Code of 1986, as now or |
| 11 | | hereafter amended, or any successor code or provision.
|
| 12 | | (b) Moneys on deposit in the Tobacco Settlement Bond |
| 13 | | Proceeds Account and the Tobacco Settlement Residual Account |
| 14 | | may be expended, subject to appropriation, for the purposes |
| 15 | | authorized in subsection (g) of Section 3-6 of the |
| 16 | | Railsplitter Tobacco Settlement Authority Act. |
| 17 | | (b-5) Moneys on deposit in the Tobacco Settlement Recovery |
| 18 | | Fund may be expended, subject to appropriation, for payments |
| 19 | | pursuant to Section 2.13 of the Governor's Office of |
| 20 | | Management and Budget Act. |
| 21 | | (c) As soon as may be practical after June 30, 2001, upon |
| 22 | | notification
from and at the direction of the Governor, the |
| 23 | | State Comptroller shall direct
and the State Treasurer shall |
| 24 | | transfer the unencumbered balance in the Tobacco
Settlement |
| 25 | | Recovery Fund as of June 30, 2001, as determined by the |
| 26 | | Governor,
into the Budget Stabilization Fund. The Treasurer |
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| 1 | | may invest the moneys in the
Budget Stabilization Fund in the |
| 2 | | same manner, in the same types of investments,
and subject to |
| 3 | | the same limitations provided in the Illinois Pension Code for
|
| 4 | | the investment of pension funds other than those established |
| 5 | | under Article 3 or
4 of the Code.
|
| 6 | | (d) All federal financial participation moneys received
|
| 7 | | pursuant to expenditures from the Fund shall be deposited into |
| 8 | | the General Account.
|
| 9 | | (Source: P.A. 99-78, eff. 7-20-15.)
|
| 10 | | (30 ILCS 105/6z-100) |
| 11 | | (Section scheduled to be repealed on July 1, 2023) |
| 12 | | Sec. 6z-100. Capital Development Board Revolving Fund; |
| 13 | | payments into and use. All monies received by the Capital |
| 14 | | Development Board for publications or copies issued by the |
| 15 | | Board, and all monies received for contract administration |
| 16 | | fees, charges, or reimbursements owing to the Board shall be |
| 17 | | deposited into a special fund known as the Capital Development |
| 18 | | Board Revolving Fund, which is hereby created in the State |
| 19 | | treasury. The monies in this Fund shall be used by the Capital |
| 20 | | Development Board, as appropriated, for expenditures for |
| 21 | | personal services, retirement, social security, contractual |
| 22 | | services, legal services, travel, commodities, printing, |
| 23 | | equipment, electronic data processing, or telecommunications. |
| 24 | | For fiscal year 2021 and thereafter, the monies in this Fund |
| 25 | | may also be appropriated to and used by the Executive Ethics |
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| 1 | | Commission for oversight and administration of the Chief |
| 2 | | Procurement Officer appointed under paragraph (1) of |
| 3 | | subsection (a) of Section 10-20 of the Illinois Procurement |
| 4 | | Code. Unexpended moneys in the Fund shall not be transferred |
| 5 | | or allocated by the Comptroller or Treasurer to any other |
| 6 | | fund, nor shall the Governor authorize the transfer or |
| 7 | | allocation of those moneys to any other fund. This Section is |
| 8 | | repealed July 1, 2025 2023.
|
| 9 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 10 | | 101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. |
| 11 | | 4-19-22.)
|
| 12 | | (30 ILCS 105/6z-121) |
| 13 | | Sec. 6z-121. State Coronavirus Urgent Remediation |
| 14 | | Emergency Fund. |
| 15 | | (a) The State Coronavirus Urgent Remediation Emergency |
| 16 | | (State CURE) Fund is created as a federal trust fund within the |
| 17 | | State treasury. The State CURE Fund shall be held separate and |
| 18 | | apart from all other funds in the State treasury. The State |
| 19 | | CURE Fund is established: (1) to receive, directly or |
| 20 | | indirectly, federal funds from the Coronavirus Relief Fund in |
| 21 | | accordance with Section 5001 of the federal Coronavirus Aid, |
| 22 | | Relief, and Economic Security (CARES) Act, the Coronavirus |
| 23 | | State Fiscal Recovery Fund in accordance with Section 9901 of |
| 24 | | the American Rescue Plan Act of 2021, or from any other federal |
| 25 | | fund pursuant to any other provision of the American Rescue |
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| 1 | | Plan Act of 2021 or any other federal law; and (2) to provide |
| 2 | | for the transfer, distribution and expenditure of such federal |
| 3 | | funds as permitted in the federal Coronavirus Aid, Relief, and |
| 4 | | Economic Security (CARES) Act, the American Rescue Plan Act of |
| 5 | | 2021, and related federal guidance or any other federal law, |
| 6 | | and as authorized by this Section. |
| 7 | | (b) Federal funds received by the State from the |
| 8 | | Coronavirus Relief Fund in accordance with Section 5001 of the |
| 9 | | federal Coronavirus Aid, Relief, and Economic Security (CARES) |
| 10 | | Act, the Coronavirus State Fiscal Recovery Fund in accordance |
| 11 | | with Section 9901 of the American Rescue Plan Act of 2021, or |
| 12 | | any other federal funds received pursuant to the American |
| 13 | | Rescue Plan Act of 2021 or any other federal law, may be |
| 14 | | deposited, directly or indirectly, into the State CURE Fund. |
| 15 | | (c) Funds in the State CURE Fund may be expended, subject |
| 16 | | to appropriation, directly for purposes permitted under the |
| 17 | | federal law and related federal guidance governing the use of |
| 18 | | such funds, which may include without limitation purposes |
| 19 | | permitted in Section 5001 of the CARES Act and Sections 3201, |
| 20 | | 3206, and 9901 of the American Rescue Plan Act of 2021, or as |
| 21 | | otherwise provided by law and consistent with appropriations |
| 22 | | of the General Assembly. All federal funds received into the |
| 23 | | State CURE Fund from the Coronavirus Relief Fund, the |
| 24 | | Coronavirus State Fiscal Recovery Fund, or any other source |
| 25 | | under the American Rescue Plan Act of 2021, may be |
| 26 | | transferred, expended, or returned by the Illinois Emergency |
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| 1 | | Management Agency at the direction of the Governor for the |
| 2 | | specific purposes permitted by the federal Coronavirus Aid, |
| 3 | | Relief, and Economic Security (CARES) Act, the American Rescue |
| 4 | | Plan Act of 2021, any related regulations or federal guidance, |
| 5 | | and any terms and conditions of the federal awards received by |
| 6 | | the State thereunder. The State Comptroller shall direct and |
| 7 | | the State Treasurer shall transfer, as directed by the |
| 8 | | Governor in writing, a portion of the federal funds received |
| 9 | | from the Coronavirus Relief Fund or from any other federal |
| 10 | | fund pursuant to any other provision of federal law to the |
| 11 | | Local Coronavirus Urgent Remediation Emergency (Local CURE) |
| 12 | | Fund from time to time for the provision and administration of |
| 13 | | grants to units of local government as permitted by the |
| 14 | | federal Coronavirus Aid, Relief, and Economic Security (CARES) |
| 15 | | Act, any related federal guidance, and any other additional |
| 16 | | federal law that may provide authorization. The State |
| 17 | | Comptroller shall direct and the State Treasurer shall |
| 18 | | transfer amounts, as directed by the Governor in writing, from |
| 19 | | the State CURE Fund to the Essential Government Services |
| 20 | | Support Fund to be used for the provision of government |
| 21 | | services as permitted under Section 602(c)(1)(C) of the Social |
| 22 | | Security Act as enacted by Section 9901 of the American Rescue |
| 23 | | Plan Act and related federal guidance. Funds in the State CURE |
| 24 | | Fund also may be transferred to other funds in the State |
| 25 | | treasury as reimbursement for expenditures made from such |
| 26 | | other funds if the expenditures are eligible for federal |
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| 1 | | reimbursement under Section 5001 of the federal Coronavirus |
| 2 | | Aid, Relief, and Economic Security (CARES) Act, the relevant |
| 3 | | provisions of the American Rescue Plan Act of 2021, or any |
| 4 | | related federal guidance. |
| 5 | | (d) Once the General Assembly has enacted appropriations |
| 6 | | from the State CURE Fund, the expenditure of funds from the |
| 7 | | State CURE Fund shall be subject to appropriation by the |
| 8 | | General Assembly, and shall be administered by the Illinois |
| 9 | | Emergency Management Agency at the direction of the Governor. |
| 10 | | The Illinois Emergency Management Agency, and other agencies |
| 11 | | as named in appropriations, shall transfer, distribute or |
| 12 | | expend the funds. The State Comptroller shall direct and the |
| 13 | | State Treasurer shall transfer funds in the State CURE Fund to |
| 14 | | other funds in the State treasury as reimbursement for |
| 15 | | expenditures made from such other funds if the expenditures |
| 16 | | are eligible for federal reimbursement under Section 5001 of |
| 17 | | the federal Coronavirus Aid, Relief, and Economic Security |
| 18 | | (CARES) Act, the relevant provisions of the American Rescue |
| 19 | | Plan Act of 2021, or any related federal guidance, as directed |
| 20 | | in writing by the Governor. Additional funds that may be |
| 21 | | received from the federal government from legislation enacted |
| 22 | | in response to the impact of Coronavirus Disease 2019, |
| 23 | | including fiscal stabilization payments that replace revenues |
| 24 | | lost due to Coronavirus Disease 2019, The State Comptroller |
| 25 | | may direct and the State Treasurer shall transfer in the |
| 26 | | manner authorized or required by any related federal guidance, |
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| 1 | | as directed in writing by the Governor. |
| 2 | | (e) The Illinois Emergency Management Agency, in |
| 3 | | coordination with the Governor's Office of Management and |
| 4 | | Budget, shall identify amounts derived from the State's |
| 5 | | Coronavirus Relief Fund allocation and transferred from the |
| 6 | | State CURE Fund as directed by the Governor under this Section |
| 7 | | that remain unobligated and unexpended for the period that |
| 8 | | ended on December 31, 2021. The Agency shall certify to the |
| 9 | | State Comptroller and the State Treasurer the amounts |
| 10 | | identified as unobligated and unexpended. The State |
| 11 | | Comptroller shall direct and the State Treasurer shall |
| 12 | | transfer the unobligated and unexpended funds identified by |
| 13 | | the Agency and held in other funds of the State Treasury under |
| 14 | | this Section to the State CURE Fund. Unexpended funds in the |
| 15 | | State CURE Fund shall be paid back to the federal government at |
| 16 | | the direction of the Governor.
|
| 17 | | (f) In addition to any other transfers that may be |
| 18 | | provided for by law, at the direction of the Governor, the |
| 19 | | State Comptroller shall direct and the State Treasurer shall |
| 20 | | transfer the sum of $24,523,000 from the State CURE Fund to the |
| 21 | | Chicago Travel Industry Promotion Fund. |
| 22 | | (g) In addition to any other transfers that may be |
| 23 | | provided for by law, at the direction of the Governor, the |
| 24 | | State Comptroller shall direct and the State Treasurer shall |
| 25 | | transfer the sum of $30,000,000 from the State CURE Fund to the |
| 26 | | Metropolitan Pier and Exposition Authority Incentive Fund. |
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| 1 | | (h) In addition to any other transfers that may be |
| 2 | | provided for by law, at the direction of the Governor, the |
| 3 | | State Comptroller shall direct and the State Treasurer shall |
| 4 | | transfer the sum of $45,180,000 from the State CURE Fund to the |
| 5 | | Local Tourism Fund. |
| 6 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 7 | | 102-699, eff. 4-19-22.)
|
| 8 | | (30 ILCS 105/6z-126)
|
| 9 | | Sec. 6z-126. Law Enforcement Training Fund. The Law |
| 10 | | Enforcement Training Fund is hereby created as a special fund |
| 11 | | in the State treasury. Moneys in the Fund shall consist of: (i) |
| 12 | | 90% of the revenue from increasing the insurance producer |
| 13 | | license fees, as provided under subsection (a-5) of Section |
| 14 | | 500-135 of the Illinois Insurance Code; and (ii) 90% of the |
| 15 | | moneys collected from auto insurance policy fees under Section |
| 16 | | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft |
| 17 | | Prevention and Insurance Verification Act. This Fund shall be |
| 18 | | used by the Illinois Law Enforcement Training Standards Board |
| 19 | | for the following purposes: (i) to fund law enforcement |
| 20 | | certification compliance; (ii) for and the development and |
| 21 | | provision of basic courses by Board-approved academics, and |
| 22 | | in-service courses by approved academies; and (iii) for the |
| 23 | | ordinary and contingent expenses of the Illinois Law |
| 24 | | Enforcement Training Standards Board.
|
| 25 | | (Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; |
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| 1 | | 102-1071, eff. 6-10-22; revised 12-13-22.)
|
| 2 | | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
| 3 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
| 4 | | State of
Illinois incurs any bonded indebtedness for the |
| 5 | | construction of
permanent highways, be set aside and used for |
| 6 | | the purpose of paying and
discharging annually the principal |
| 7 | | and interest on that bonded
indebtedness then due and payable, |
| 8 | | and for no other purpose. The
surplus, if any, in the Road Fund |
| 9 | | after the payment of principal and
interest on that bonded |
| 10 | | indebtedness then annually due shall be used as
follows: |
| 11 | | first -- to pay the cost of administration of Chapters |
| 12 | | 2 through 10 of
the Illinois Vehicle Code, except the cost |
| 13 | | of administration of Articles I and
II of Chapter 3 of that |
| 14 | | Code, and to pay the costs of the Executive Ethics |
| 15 | | Commission for oversight and administration of the Chief |
| 16 | | Procurement Officer appointed under paragraph (2) of |
| 17 | | subsection (a) of Section 10-20 of the Illinois |
| 18 | | Procurement Code for transportation; and |
| 19 | | secondly -- for expenses of the Department of |
| 20 | | Transportation for
construction, reconstruction, |
| 21 | | improvement, repair, maintenance,
operation, and |
| 22 | | administration of highways in accordance with the
|
| 23 | | provisions of laws relating thereto, or for any purpose |
| 24 | | related or
incident to and connected therewith, including |
| 25 | | the separation of grades
of those highways with railroads |
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| 1 | | and with highways and including the
payment of awards made |
| 2 | | by the Illinois Workers' Compensation Commission under the |
| 3 | | terms of
the Workers' Compensation Act or Workers' |
| 4 | | Occupational Diseases Act for
injury or death of an |
| 5 | | employee of the Division of Highways in the
Department of |
| 6 | | Transportation; or for the acquisition of land and the
|
| 7 | | erection of buildings for highway purposes, including the |
| 8 | | acquisition of
highway right-of-way or for investigations |
| 9 | | to determine the reasonably
anticipated future highway |
| 10 | | needs; or for making of surveys, plans,
specifications and |
| 11 | | estimates for and in the construction and maintenance
of |
| 12 | | flight strips and of highways necessary to provide access |
| 13 | | to military
and naval reservations, to defense industries |
| 14 | | and defense-industry
sites, and to the sources of raw |
| 15 | | materials and for replacing existing
highways and highway |
| 16 | | connections shut off from general public use at
military |
| 17 | | and naval reservations and defense-industry sites, or for |
| 18 | | the
purchase of right-of-way, except that the State shall |
| 19 | | be reimbursed in
full for any expense incurred in building |
| 20 | | the flight strips; or for the
operating and maintaining of |
| 21 | | highway garages; or for patrolling and
policing the public |
| 22 | | highways and conserving the peace; or for the operating |
| 23 | | expenses of the Department relating to the administration |
| 24 | | of public transportation programs; or, during fiscal year |
| 25 | | 2022, for the purposes of a grant not to exceed $8,394,800 |
| 26 | | to the Regional Transportation Authority on behalf of PACE |
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| 1 | | for the purpose of ADA/Para-transit expenses; or, during |
| 2 | | fiscal year 2023, for the purposes of a grant not to exceed |
| 3 | | $8,394,800 to the Regional Transportation Authority on |
| 4 | | behalf of PACE for the purpose of ADA/Para-transit |
| 5 | | expenses; or, during fiscal year 2024, for the purposes of |
| 6 | | a grant not to exceed $9,108,400 to the Regional |
| 7 | | Transportation Authority on behalf of PACE for the purpose |
| 8 | | of ADA/Para-transit expenses; or for any of
those purposes |
| 9 | | or any other purpose that may be provided by law. |
| 10 | | Appropriations for any of those purposes are payable from |
| 11 | | the Road
Fund. Appropriations may also be made from the Road |
| 12 | | Fund for the
administrative expenses of any State agency that |
| 13 | | are related to motor
vehicles or arise from the use of motor |
| 14 | | vehicles. |
| 15 | | Beginning with fiscal year 1980 and thereafter, no Road |
| 16 | | Fund monies
shall be appropriated to the following Departments |
| 17 | | or agencies of State
government for administration, grants, or |
| 18 | | operations; but this
limitation is not a restriction upon |
| 19 | | appropriating for those purposes any
Road Fund monies that are |
| 20 | | eligible for federal reimbursement: |
| 21 | | 1. Department of Public Health; |
| 22 | | 2. Department of Transportation, only with respect to |
| 23 | | subsidies for
one-half fare Student Transportation and |
| 24 | | Reduced Fare for Elderly, except fiscal year 2022 when no |
| 25 | | more than $17,570,000 may be expended and except fiscal |
| 26 | | year 2023 when no more than $17,570,000 may be expended |
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| 1 | | and except fiscal year 2024 when no more than $19,063,500 |
| 2 | | may be expended; |
| 3 | | 3. Department of Central Management
Services, except |
| 4 | | for expenditures
incurred for group insurance premiums of |
| 5 | | appropriate personnel; |
| 6 | | 4. Judicial Systems and Agencies. |
| 7 | | Beginning with fiscal year 1981 and thereafter, no Road |
| 8 | | Fund monies
shall be appropriated to the following Departments |
| 9 | | or agencies of State
government for administration, grants, or |
| 10 | | operations; but this
limitation is not a restriction upon |
| 11 | | appropriating for those purposes any
Road Fund monies that are |
| 12 | | eligible for federal reimbursement: |
| 13 | | 1. Illinois State Police, except for expenditures with
|
| 14 | | respect to the Division of Patrol Operations and Division |
| 15 | | of Criminal Investigation; |
| 16 | | 2. Department of Transportation, only with respect to |
| 17 | | Intercity Rail
Subsidies, except fiscal year 2022 when no |
| 18 | | more than $50,000,000 may be expended and except fiscal |
| 19 | | year 2023 when no more than $55,000,000 may be expended |
| 20 | | and except fiscal year 2024 when no more than $60,000,000 |
| 21 | | may be expended, and Rail Freight Services. |
| 22 | | Beginning with fiscal year 1982 and thereafter, no Road |
| 23 | | Fund monies
shall be appropriated to the following Departments |
| 24 | | or agencies of State
government for administration, grants, or |
| 25 | | operations; but this
limitation is not a restriction upon |
| 26 | | appropriating for those purposes any
Road Fund monies that are |
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| 1 | | eligible for federal reimbursement: Department
of Central |
| 2 | | Management Services, except for awards made by
the Illinois |
| 3 | | Workers' Compensation Commission under the terms of the |
| 4 | | Workers' Compensation Act
or Workers' Occupational Diseases |
| 5 | | Act for injury or death of an employee of
the Division of |
| 6 | | Highways in the Department of Transportation. |
| 7 | | Beginning with fiscal year 1984 and thereafter, no Road |
| 8 | | Fund monies
shall be appropriated to the following Departments |
| 9 | | or agencies of State
government for administration, grants, or |
| 10 | | operations; but this
limitation is not a restriction upon |
| 11 | | appropriating for those purposes any
Road Fund monies that are |
| 12 | | eligible for federal reimbursement: |
| 13 | | 1. Illinois State Police, except not more than 40% of |
| 14 | | the
funds appropriated for the Division of Patrol |
| 15 | | Operations and Division of Criminal Investigation; |
| 16 | | 2. State Officers. |
| 17 | | Beginning with fiscal year 1984 and thereafter, no Road |
| 18 | | Fund monies
shall be appropriated to any Department or agency |
| 19 | | of State government
for administration, grants, or operations |
| 20 | | except as provided hereafter;
but this limitation is not a |
| 21 | | restriction upon appropriating for those
purposes any Road |
| 22 | | Fund monies that are eligible for federal
reimbursement. It |
| 23 | | shall not be lawful to circumvent the above
appropriation |
| 24 | | limitations by governmental reorganization or other
methods. |
| 25 | | Appropriations shall be made from the Road Fund only in
|
| 26 | | accordance with the provisions of this Section. |
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| 1 | | Money in the Road Fund shall, if and when the State of |
| 2 | | Illinois
incurs any bonded indebtedness for the construction |
| 3 | | of permanent
highways, be set aside and used for the purpose of |
| 4 | | paying and
discharging during each fiscal year the principal |
| 5 | | and interest on that
bonded indebtedness as it becomes due and |
| 6 | | payable as provided in the
Transportation Bond Act, and for no |
| 7 | | other
purpose. The surplus, if any, in the Road Fund after the |
| 8 | | payment of
principal and interest on that bonded indebtedness |
| 9 | | then annually due
shall be used as follows: |
| 10 | | first -- to pay the cost of administration of Chapters |
| 11 | | 2 through 10
of the Illinois Vehicle Code; and |
| 12 | | secondly -- no Road Fund monies derived from fees, |
| 13 | | excises, or
license taxes relating to registration, |
| 14 | | operation and use of vehicles on
public highways or to |
| 15 | | fuels used for the propulsion of those vehicles,
shall be |
| 16 | | appropriated or expended other than for costs of |
| 17 | | administering
the laws imposing those fees, excises, and |
| 18 | | license taxes, statutory
refunds and adjustments allowed |
| 19 | | thereunder, administrative costs of the
Department of |
| 20 | | Transportation, including, but not limited to, the |
| 21 | | operating expenses of the Department relating to the |
| 22 | | administration of public transportation programs, payment |
| 23 | | of debts and liabilities incurred
in construction and |
| 24 | | reconstruction of public highways and bridges,
acquisition |
| 25 | | of rights-of-way for and the cost of construction,
|
| 26 | | reconstruction, maintenance, repair, and operation of |
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| 1 | | public highways and
bridges under the direction and |
| 2 | | supervision of the State, political
subdivision, or |
| 3 | | municipality collecting those monies, or during fiscal |
| 4 | | year 2022 for the purposes of a grant not to exceed |
| 5 | | $8,394,800 to the Regional Transportation Authority on |
| 6 | | behalf of PACE for the purpose of ADA/Para-transit |
| 7 | | expenses, or during fiscal year 2023 for the purposes of a |
| 8 | | grant not to exceed $8,394,800 to the Regional |
| 9 | | Transportation Authority on behalf of PACE for the purpose |
| 10 | | of ADA/Para-transit expenses, or during fiscal year 2024 |
| 11 | | for the purposes of a grant not to exceed $9,108,400 to the |
| 12 | | Regional Transportation Authority on behalf of PACE for |
| 13 | | the purpose of ADA/Para-transit expenses, and the costs |
| 14 | | for
patrolling and policing the public highways (by the |
| 15 | | State, political
subdivision, or municipality collecting |
| 16 | | that money) for enforcement of
traffic laws. The |
| 17 | | separation of grades of such highways with railroads
and |
| 18 | | costs associated with protection of at-grade highway and |
| 19 | | railroad
crossing shall also be permissible. |
| 20 | | Appropriations for any of such purposes are payable from |
| 21 | | the Road
Fund or the Grade Crossing Protection Fund as |
| 22 | | provided in Section 8 of
the Motor Fuel Tax Law. |
| 23 | | Except as provided in this paragraph, beginning with |
| 24 | | fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
| 25 | | appropriated to the Illinois State Police for the purposes of
|
| 26 | | this Section in excess of its total fiscal year 1990 Road Fund
|
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| 1 | | appropriations for those purposes unless otherwise provided in |
| 2 | | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
| 3 | | 2006, and 2007 only, no Road Fund monies shall
be appropriated |
| 4 | | to the
Department of State Police for the purposes of this |
| 5 | | Section in excess of
$97,310,000.
For fiscal year 2008 only, |
| 6 | | no Road
Fund monies shall be appropriated to the Department of |
| 7 | | State Police for the purposes of
this Section in excess of |
| 8 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
| 9 | | shall be appropriated to the Department of State Police for |
| 10 | | the purposes of this Section in excess of $114,700,000. |
| 11 | | Beginning in fiscal year 2010, no road fund moneys shall be |
| 12 | | appropriated to the Illinois State Police. It shall not be |
| 13 | | lawful to circumvent this limitation on
appropriations by |
| 14 | | governmental reorganization or other methods unless
otherwise |
| 15 | | provided in Section 5g of this Act. |
| 16 | | In fiscal year 1994, no Road Fund monies shall be |
| 17 | | appropriated
to the
Secretary of State for the purposes of |
| 18 | | this Section in excess of the total
fiscal year 1991 Road Fund |
| 19 | | appropriations to the Secretary of State for
those purposes, |
| 20 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
| 21 | | limitation on appropriations by governmental reorganization or |
| 22 | | other
method. |
| 23 | | Beginning with fiscal year 1995 and thereafter, no Road |
| 24 | | Fund
monies
shall be appropriated to the Secretary of State |
| 25 | | for the purposes of this
Section in excess of the total fiscal |
| 26 | | year 1994 Road Fund
appropriations to
the Secretary of State |
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| 1 | | for those purposes. It shall not be lawful to
circumvent this |
| 2 | | limitation on appropriations by governmental reorganization
or |
| 3 | | other methods. |
| 4 | | Beginning with fiscal year 2000, total Road Fund |
| 5 | | appropriations to the
Secretary of State for the purposes of |
| 6 | | this Section shall not exceed the
amounts specified for the |
| 7 | | following fiscal years: |
|
| 8 | | Fiscal Year 2000 | $80,500,000; | |
| 9 | | Fiscal Year 2001 | $80,500,000; | |
| 10 | | Fiscal Year 2002 | $80,500,000; | |
| 11 | | Fiscal Year 2003 | $130,500,000; | |
| 12 | | Fiscal Year 2004 | $130,500,000; | |
| 13 | | Fiscal Year 2005 | $130,500,000;
| |
| 14 | | Fiscal Year 2006
| $130,500,000;
| |
| 15 | | Fiscal Year 2007
| $130,500,000;
| |
| 16 | | Fiscal Year 2008 | $130,500,000; | |
| 17 | | Fiscal Year 2009 | $130,500,000. |
|
| 18 | | For fiscal year 2010, no road fund moneys shall be |
| 19 | | appropriated to the Secretary of State. |
| 20 | | Beginning in fiscal year 2011, moneys in the Road Fund |
| 21 | | shall be appropriated to the Secretary of State for the |
| 22 | | exclusive purpose of paying refunds due to overpayment of fees |
| 23 | | related to Chapter 3 of the Illinois Vehicle Code unless |
| 24 | | otherwise provided for by law. |
| 25 | | It shall not be lawful to circumvent this limitation on |
| 26 | | appropriations by
governmental reorganization or other |
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| 1 | | methods. |
| 2 | | No new program may be initiated in fiscal year 1991 and
|
| 3 | | thereafter that is not consistent with the limitations imposed |
| 4 | | by this
Section for fiscal year 1984 and thereafter, insofar |
| 5 | | as appropriation of
Road Fund monies is concerned. |
| 6 | | Nothing in this Section prohibits transfers from the Road |
| 7 | | Fund to the
State Construction Account Fund under Section 5e |
| 8 | | of this Act; nor to the
General Revenue Fund, as authorized by |
| 9 | | Public Act 93-25. |
| 10 | | The additional amounts authorized for expenditure in this |
| 11 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
| 12 | | shall be repaid to the Road Fund
from the General Revenue Fund |
| 13 | | in the next succeeding fiscal year that the
General Revenue |
| 14 | | Fund has a positive budgetary balance, as determined by
|
| 15 | | generally accepted accounting principles applicable to |
| 16 | | government. |
| 17 | | The additional amounts authorized for expenditure by the |
| 18 | | Secretary of State
and
the Department of State Police in this |
| 19 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
| 20 | | from the General Revenue Fund in the
next
succeeding fiscal |
| 21 | | year that the General Revenue Fund has a positive budgetary
|
| 22 | | balance,
as determined by generally accepted accounting |
| 23 | | principles applicable to
government. |
| 24 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 25 | | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
| 26 | | 4-19-22; 102-813, eff. 5-13-22.)
|
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| 1 | | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
| 2 | | Sec. 8.12. State Pensions Fund.
|
| 3 | | (a) The moneys in the State Pensions Fund shall be used |
| 4 | | exclusively
for the administration of the Revised Uniform |
| 5 | | Unclaimed Property Act and
for the expenses incurred by the |
| 6 | | Auditor General for administering the provisions of Section |
| 7 | | 2-8.1 of the Illinois State Auditing Act and for operational |
| 8 | | expenses of the Office of the State Treasurer and for the |
| 9 | | funding of the unfunded liabilities of the designated |
| 10 | | retirement systems. For the purposes of this Section, |
| 11 | | "operational expenses of the Office of the State Treasurer" |
| 12 | | includes the acquisition of land and buildings in State fiscal |
| 13 | | years 2019 and 2020 for use by the Office of the State |
| 14 | | Treasurer, as well as construction, reconstruction, |
| 15 | | improvement, repair, and maintenance, in accordance with the |
| 16 | | provisions of laws relating thereto, of such lands and |
| 17 | | buildings beginning in State fiscal year 2019 and thereafter. |
| 18 | | Beginning in State fiscal year 2025 2024, payments to the |
| 19 | | designated retirement systems under this Section shall be in |
| 20 | | addition to, and not in lieu of, any State contributions |
| 21 | | required under the Illinois Pension Code.
|
| 22 | | "Designated retirement systems" means:
|
| 23 | | (1) the State Employees' Retirement System of |
| 24 | | Illinois;
|
| 25 | | (2) the Teachers' Retirement System of the State of |
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| 1 | | Illinois;
|
| 2 | | (3) the State Universities Retirement System;
|
| 3 | | (4) the Judges Retirement System of Illinois; and
|
| 4 | | (5) the General Assembly Retirement System.
|
| 5 | | (b) Each year the General Assembly may make appropriations |
| 6 | | from
the State Pensions Fund for the administration of the |
| 7 | | Revised Uniform
Unclaimed Property Act.
|
| 8 | | (c) (Blank). As soon as possible after July 30, 2004 (the |
| 9 | | effective date of Public Act 93-839), the General Assembly |
| 10 | | shall appropriate from the State Pensions Fund (1) to the |
| 11 | | State Universities Retirement System the amount certified |
| 12 | | under Section 15-165 during the prior year, (2) to the Judges |
| 13 | | Retirement System of Illinois the amount certified under |
| 14 | | Section 18-140 during the prior year, and (3) to the General |
| 15 | | Assembly Retirement System the amount certified under Section |
| 16 | | 2-134 during the prior year as part of the required
State |
| 17 | | contributions to each of those designated retirement systems. |
| 18 | | If the amount in the State Pensions Fund does not exceed the |
| 19 | | sum of the amounts certified in Sections 15-165, 18-140, and |
| 20 | | 2-134 by at least $5,000,000, the amount paid to each |
| 21 | | designated retirement system under this subsection shall be |
| 22 | | reduced in proportion to the amount certified by each of those |
| 23 | | designated retirement systems.
|
| 24 | | (c-5) For fiscal years 2006 through 2024 2023, the General |
| 25 | | Assembly shall appropriate from the State Pensions Fund to the |
| 26 | | State Universities Retirement System the amount estimated to |
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| 1 | | be available during the fiscal year in the State Pensions |
| 2 | | Fund; provided, however, that the amounts appropriated under |
| 3 | | this subsection (c-5) shall not reduce the amount in the State |
| 4 | | Pensions Fund below $5,000,000.
|
| 5 | | (c-6) For fiscal year 2025 2024 and each fiscal year |
| 6 | | thereafter, as soon as may be practical after any money is |
| 7 | | deposited into the State Pensions Fund from the Unclaimed |
| 8 | | Property Trust Fund, the State Treasurer shall apportion the |
| 9 | | deposited amount among the designated retirement systems as |
| 10 | | defined in subsection (a) to reduce their actuarial reserve |
| 11 | | deficiencies. The State Comptroller and State Treasurer shall |
| 12 | | pay the apportioned amounts to the designated retirement |
| 13 | | systems to fund the unfunded liabilities of the designated |
| 14 | | retirement systems. The amount apportioned to each designated |
| 15 | | retirement system shall constitute a portion of the amount |
| 16 | | estimated to be available for appropriation from the State |
| 17 | | Pensions Fund that is the same as that retirement system's |
| 18 | | portion of the total actual reserve deficiency of the systems, |
| 19 | | as determined annually by the Governor's Office of Management |
| 20 | | and Budget at the request of the State Treasurer. The amounts |
| 21 | | apportioned under this subsection shall not reduce the amount |
| 22 | | in the State Pensions Fund below $5,000,000. |
| 23 | | (d) The
Governor's Office of Management and Budget shall |
| 24 | | determine the individual and total
reserve deficiencies of the |
| 25 | | designated retirement systems. For this purpose,
the
|
| 26 | | Governor's Office of Management and Budget shall utilize the |
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| 1 | | latest available audit and actuarial
reports of each of the |
| 2 | | retirement systems and the relevant reports and
statistics of |
| 3 | | the Public Employee Pension Fund Division of the Department of
|
| 4 | | Insurance.
|
| 5 | | (d-1) (Blank).
|
| 6 | | (e) The changes to this Section made by Public Act 88-593 |
| 7 | | shall
first apply to distributions from the Fund for State |
| 8 | | fiscal year 1996.
|
| 9 | | (Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19; |
| 10 | | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff. |
| 11 | | 4-19-22.)
|
| 12 | | (30 ILCS 105/8g-1) |
| 13 | | Sec. 8g-1. Fund transfers. |
| 14 | | (a) (Blank).
|
| 15 | | (b) (Blank). |
| 16 | | (c) (Blank). |
| 17 | | (d) (Blank). |
| 18 | | (e) (Blank). |
| 19 | | (f) (Blank). |
| 20 | | (g) (Blank). |
| 21 | | (h) (Blank). |
| 22 | | (i) (Blank). |
| 23 | | (j) (Blank). |
| 24 | | (k) (Blank). |
| 25 | | (l) (Blank). |
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| 1 | | (m) (Blank). |
| 2 | | (n) (Blank). |
| 3 | | (o) (Blank). |
| 4 | | (p) (Blank). |
| 5 | | (q) (Blank). |
| 6 | | (r) (Blank). |
| 7 | | (s) (Blank). |
| 8 | | (t) (Blank). |
| 9 | | (u) In addition to any other transfers that may be |
| 10 | | provided for by law, on July 1, 2021, or as soon thereafter as |
| 11 | | practical, only as directed by the Director of the Governor's |
| 12 | | Office of Management and Budget, the State Comptroller shall |
| 13 | | direct and the State Treasurer shall transfer the sum of |
| 14 | | $5,000,000 from the General Revenue Fund to the DoIT Special |
| 15 | | Projects Fund, and on June 1, 2022, or as soon thereafter as |
| 16 | | practical, but no later than June 30, 2022, the State |
| 17 | | Comptroller shall direct and the State Treasurer shall |
| 18 | | transfer the sum so transferred from the DoIT Special Projects |
| 19 | | Fund to the General Revenue Fund. |
| 20 | | (v) In addition to any other transfers that may be |
| 21 | | provided for by law, on July 1, 2021, or as soon thereafter as |
| 22 | | practical, the State Comptroller shall direct and the State |
| 23 | | Treasurer shall transfer the sum of $500,000 from the General |
| 24 | | Revenue Fund to the Governor's Administrative Fund. |
| 25 | | (w) In addition to any other transfers that may be |
| 26 | | provided for by law, on July 1, 2021, or as soon thereafter as |
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| 1 | | practical, the State Comptroller shall direct and the State |
| 2 | | Treasurer shall transfer the sum of $500,000 from the General |
| 3 | | Revenue Fund to the Grant Accountability and Transparency |
| 4 | | Fund. |
| 5 | | (x) In addition to any other transfers that may be |
| 6 | | provided for by law, at a time or times during Fiscal Year 2022 |
| 7 | | as directed by the Governor, the State Comptroller shall |
| 8 | | direct and the State Treasurer shall transfer up to a total of |
| 9 | | $20,000,000 from the General Revenue Fund to the Illinois |
| 10 | | Sports Facilities Fund to be credited to the Advance Account |
| 11 | | within the Fund. |
| 12 | | (y) In addition to any other transfers that may be |
| 13 | | provided for by law, on June 15, 2021, or as soon thereafter as |
| 14 | | practical, but no later than June 30, 2021, the State |
| 15 | | Comptroller shall direct and the State Treasurer shall |
| 16 | | transfer the sum of $100,000,000 from the General Revenue Fund |
| 17 | | to the Technology Management Revolving Fund. |
| 18 | | (z) In addition to any other transfers that may be |
| 19 | | provided for by law, on April 19, 2022 (the effective date of |
| 20 | | Public Act 102-699), or as soon thereafter as practical, but |
| 21 | | no later than June 30, 2022, the State Comptroller shall |
| 22 | | direct and the State Treasurer shall transfer the sum of |
| 23 | | $148,000,000 from the General Revenue Fund to the Build |
| 24 | | Illinois Bond Fund. |
| 25 | | (aa) In addition to any other transfers that may be |
| 26 | | provided for by law, on April 19, 2022 (the effective date of |
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| 1 | | Public Act 102-699), or as soon thereafter as practical, but |
| 2 | | no later than June 30, 2022, the State Comptroller shall |
| 3 | | direct and the State Treasurer shall transfer the sum of |
| 4 | | $180,000,000 from the General Revenue Fund to the Rebuild |
| 5 | | Illinois Projects Fund. |
| 6 | | (bb) In addition to any other transfers that may be |
| 7 | | provided for by law, on July 1, 2022, or as soon thereafter as |
| 8 | | practical, the State Comptroller shall direct and the State |
| 9 | | Treasurer shall transfer the sum of $500,000 from the General |
| 10 | | Revenue Fund to the Governor's Administrative Fund. |
| 11 | | (cc) In addition to any other transfers that may be |
| 12 | | provided for by law, on July 1, 2022, or as soon thereafter as |
| 13 | | practical, the State Comptroller shall direct and the State |
| 14 | | Treasurer shall transfer the sum of $500,000 from the General |
| 15 | | Revenue Fund to the Grant Accountability and Transparency |
| 16 | | Fund. |
| 17 | | (dd) In addition to any other transfers that may be |
| 18 | | provided by law, on April 19, 2022 (the effective date of |
| 19 | | Public Act 102-700), or as soon thereafter as practical, but |
| 20 | | no later than June 30, 2022, the State Comptroller shall |
| 21 | | direct and the State Treasurer shall transfer the sum of |
| 22 | | $685,000,000 from the General Revenue Fund to the Income Tax |
| 23 | | Refund Fund. Moneys from this transfer shall be used for the |
| 24 | | purpose of making the one-time rebate payments provided under |
| 25 | | Section 212.1 of the Illinois Income Tax Act. |
| 26 | | (ee) In addition to any other transfers that may be |
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| 1 | | provided by law, beginning on April 19, 2022 (the effective |
| 2 | | date of Public Act 102-700) and until December 31, 2023, at the |
| 3 | | direction of the Department of Revenue, the State Comptroller |
| 4 | | shall direct and the State Treasurer shall transfer from the |
| 5 | | General Revenue Fund to the Income Tax Refund Fund any amounts |
| 6 | | needed beyond the amounts transferred in subsection (dd) to |
| 7 | | make payments of the one-time rebate payments provided under |
| 8 | | Section 212.1 of the Illinois Income Tax Act. |
| 9 | | (ff) In addition to any other transfers that may be |
| 10 | | provided for by law, on April 19, 2022 (the effective date of |
| 11 | | Public Act 102-700), or as soon thereafter as practical, but |
| 12 | | no later than June 30, 2022, the State Comptroller shall |
| 13 | | direct and the State Treasurer shall transfer the sum of |
| 14 | | $720,000,000 from the General Revenue Fund to the Budget |
| 15 | | Stabilization Fund. |
| 16 | | (gg) In addition to any other transfers that may be |
| 17 | | provided for by law, on July 1, 2022, or as soon thereafter as |
| 18 | | practical, the State Comptroller shall direct and the State |
| 19 | | Treasurer shall transfer the sum of $280,000,000 from the |
| 20 | | General Revenue Fund to the Budget Stabilization Fund. |
| 21 | | (hh) In addition to any other transfers that may be |
| 22 | | provided for by law, on July 1, 2022, or as soon thereafter as |
| 23 | | practical, the State Comptroller shall direct and the State |
| 24 | | Treasurer shall transfer the sum of $200,000,000 from the |
| 25 | | General Revenue Fund to the Pension Stabilization Fund. |
| 26 | | (ii) In addition to any other transfers that may be |
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| 1 | | provided for by law, on January 1, 2023, or as soon thereafter |
| 2 | | as practical, the State Comptroller shall direct and the State |
| 3 | | Treasurer shall transfer the sum of $850,000,000 from the |
| 4 | | General Revenue Fund to the Budget Stabilization Fund. |
| 5 | | (jj) In addition to any other transfers that may be |
| 6 | | provided for by law, at a time or times during Fiscal Year 2023 |
| 7 | | as directed by the Governor, the State Comptroller shall |
| 8 | | direct and the State Treasurer shall transfer up to a total of |
| 9 | | $400,000,000 from the General Revenue Fund to the Large |
| 10 | | Business Attraction Fund. |
| 11 | | (kk) In addition to any other transfers that may be |
| 12 | | provided for by law, on January 1, 2023, or as soon thereafter |
| 13 | | as practical, the State Comptroller shall direct and the State |
| 14 | | Treasurer shall transfer the sum of $72,000,000 from the |
| 15 | | General Revenue Fund to the Disaster Response and Recovery |
| 16 | | Fund. |
| 17 | | (ll) In addition to any other transfers that may be |
| 18 | | provided for by law, on the effective date of the changes made |
| 19 | | to this Section by this amendatory Act of the 103rd General |
| 20 | | Assembly, or as soon thereafter as practical, but no later |
| 21 | | than June 30, 2023, the State Comptroller shall direct and the |
| 22 | | State Treasurer shall transfer the sum of $200,000,000 from |
| 23 | | the General Revenue Fund to the Pension Stabilization Fund. |
| 24 | | (mm) In addition to any other transfers that may be |
| 25 | | provided for by law, beginning on the effective date of the |
| 26 | | changes made to this Section by this amendatory Act of the |
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| 1 | | 103rd General Assembly and until June 30, 2024, as directed by |
| 2 | | the Governor, the State Comptroller shall direct and the State |
| 3 | | Treasurer shall transfer up to a total of $1,500,000,000 from |
| 4 | | the General Revenue Fund to the State Coronavirus Urgent |
| 5 | | Remediation Emergency Fund. |
| 6 | | (nn) In addition to any other transfers that may be |
| 7 | | provided for by law, beginning on the effective date of the |
| 8 | | changes made to this Section by this amendatory Act of the |
| 9 | | 103rd General Assembly and until June 30, 2024, as directed by |
| 10 | | the Governor, the State Comptroller shall direct and the State |
| 11 | | Treasurer shall transfer up to a total of $424,000,000 from |
| 12 | | the General Revenue Fund to the Build Illinois Bond Fund. |
| 13 | | (oo) In addition to any other transfers that may be |
| 14 | | provided for by law, on July 1, 2023, or as soon thereafter as |
| 15 | | practical, the State Comptroller shall direct and the State |
| 16 | | Treasurer shall transfer the sum of $500,000 from the General |
| 17 | | Revenue Fund to the Governor's Administrative Fund. |
| 18 | | (pp) In addition to any other transfers that may be |
| 19 | | provided for by law, on July 1, 2023, or as soon thereafter as |
| 20 | | practical, the State Comptroller shall direct and the State |
| 21 | | Treasurer shall transfer the sum of $500,000 from the General |
| 22 | | Revenue Fund to the Grant Accountability and Transparency |
| 23 | | Fund. |
| 24 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 25 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article |
| 26 | | 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section |
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| 1 | | 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
|
| 2 | | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
| 3 | | Sec. 13.2. Transfers among line item appropriations. |
| 4 | | (a) Transfers among line item appropriations from the same
|
| 5 | | treasury fund for the objects specified in this Section may be |
| 6 | | made in
the manner provided in this Section when the balance |
| 7 | | remaining in one or
more such line item appropriations is |
| 8 | | insufficient for the purpose for
which the appropriation was |
| 9 | | made. |
| 10 | | (a-1) No transfers may be made from one
agency to another |
| 11 | | agency, nor may transfers be made from one institution
of |
| 12 | | higher education to another institution of higher education |
| 13 | | except as provided by subsection (a-4).
|
| 14 | | (a-2) Except as otherwise provided in this Section, |
| 15 | | transfers may be made only among the objects of expenditure |
| 16 | | enumerated
in this Section, except that no funds may be |
| 17 | | transferred from any
appropriation for personal services, from |
| 18 | | any appropriation for State
contributions to the State |
| 19 | | Employees' Retirement System, from any
separate appropriation |
| 20 | | for employee retirement contributions paid by the
employer, |
| 21 | | nor from any appropriation for State contribution for
employee |
| 22 | | group insurance.
|
| 23 | | (a-2.5) (Blank). |
| 24 | | (a-3) Further, if an agency receives a separate
|
| 25 | | appropriation for employee retirement contributions paid by |
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| 1 | | the employer,
any transfer by that agency into an |
| 2 | | appropriation for personal services
must be accompanied by a |
| 3 | | corresponding transfer into the appropriation for
employee |
| 4 | | retirement contributions paid by the employer, in an amount
|
| 5 | | sufficient to meet the employer share of the employee |
| 6 | | contributions
required to be remitted to the retirement |
| 7 | | system. |
| 8 | | (a-4) Long-Term Care Rebalancing. The Governor may |
| 9 | | designate amounts set aside for institutional services |
| 10 | | appropriated from the General Revenue Fund or any other State |
| 11 | | fund that receives monies for long-term care services to be |
| 12 | | transferred to all State agencies responsible for the |
| 13 | | administration of community-based long-term care programs, |
| 14 | | including, but not limited to, community-based long-term care |
| 15 | | programs administered by the Department of Healthcare and |
| 16 | | Family Services, the Department of Human Services, and the |
| 17 | | Department on Aging, provided that the Director of Healthcare |
| 18 | | and Family Services first certifies that the amounts being |
| 19 | | transferred are necessary for the purpose of assisting persons |
| 20 | | in or at risk of being in institutional care to transition to |
| 21 | | community-based settings, including the financial data needed |
| 22 | | to prove the need for the transfer of funds. The total amounts |
| 23 | | transferred shall not exceed 4% in total of the amounts |
| 24 | | appropriated from the General Revenue Fund or any other State |
| 25 | | fund that receives monies for long-term care services for each |
| 26 | | fiscal year. A notice of the fund transfer must be made to the |
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| 1 | | General Assembly and posted at a minimum on the Department of |
| 2 | | Healthcare and Family Services website, the Governor's Office |
| 3 | | of Management and Budget website, and any other website the |
| 4 | | Governor sees fit. These postings shall serve as notice to the |
| 5 | | General Assembly of the amounts to be transferred. Notice |
| 6 | | shall be given at least 30 days prior to transfer. |
| 7 | | (b) In addition to the general transfer authority provided |
| 8 | | under
subsection (c), the following agencies have the specific |
| 9 | | transfer authority
granted in this subsection: |
| 10 | | The Department of Healthcare and Family Services is |
| 11 | | authorized to make transfers
representing savings attributable |
| 12 | | to not increasing grants due to the
births of additional |
| 13 | | children from line items for payments of cash grants to
line |
| 14 | | items for payments for employment and social services for the |
| 15 | | purposes
outlined in subsection (f) of Section 4-2 of the |
| 16 | | Illinois Public Aid Code. |
| 17 | | The Department of Children and Family Services is |
| 18 | | authorized to make
transfers not exceeding 2% of the aggregate |
| 19 | | amount appropriated to it within
the same treasury fund for |
| 20 | | the following line items among these same line
items: Foster |
| 21 | | Home and Specialized Foster Care and Prevention, Institutions
|
| 22 | | and Group Homes and Prevention, and Purchase of Adoption and |
| 23 | | Guardianship
Services. |
| 24 | | The Department on Aging is authorized to make transfers |
| 25 | | not
exceeding 10% of the aggregate amount appropriated to it |
| 26 | | within the same
treasury fund for the following Community Care |
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| 1 | | Program line items among these
same line items: purchase of |
| 2 | | services covered by the Community Care Program and |
| 3 | | Comprehensive Case Coordination. |
| 4 | | The State Board of Education is authorized to make |
| 5 | | transfers from line item appropriations within the same |
| 6 | | treasury fund for General State Aid, General State Aid - Hold |
| 7 | | Harmless, and Evidence-Based Funding, provided that no such |
| 8 | | transfer may be made unless the amount transferred is no |
| 9 | | longer required for the purpose for which that appropriation |
| 10 | | was made, to the line item appropriation for Transitional |
| 11 | | Assistance when the balance remaining in such line item |
| 12 | | appropriation is insufficient for the purpose for which the |
| 13 | | appropriation was made. |
| 14 | | The State Board of Education is authorized to make |
| 15 | | transfers between the following line item appropriations |
| 16 | | within the same treasury fund: Disabled Student |
| 17 | | Services/Materials (Section 14-13.01 of the School Code), |
| 18 | | Disabled Student Transportation Reimbursement (Section |
| 19 | | 14-13.01 of the School Code), Disabled Student Tuition - |
| 20 | | Private Tuition (Section 14-7.02 of the School Code), |
| 21 | | Extraordinary Special Education (Section 14-7.02b of the |
| 22 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
| 23 | | Summer School Payments (Section 18-4.3 of the School Code), |
| 24 | | and Transportation - Regular/Vocational Reimbursement (Section |
| 25 | | 29-5 of the School Code). Such transfers shall be made only |
| 26 | | when the balance remaining in one or more such line item |
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| 1 | | appropriations is insufficient for the purpose for which the |
| 2 | | appropriation was made and provided that no such transfer may |
| 3 | | be made unless the amount transferred is no longer required |
| 4 | | for the purpose for which that appropriation was made. |
| 5 | | The Department of Healthcare and Family Services is |
| 6 | | authorized to make transfers not exceeding 4% of the aggregate |
| 7 | | amount appropriated to it, within the same treasury fund, |
| 8 | | among the various line items appropriated for Medical |
| 9 | | Assistance. |
| 10 | | The Department of Central Management Services is |
| 11 | | authorized to make transfers not exceeding 2% of the aggregate |
| 12 | | amount appropriated to it, within the same treasury fund, from |
| 13 | | the various line items appropriated to the Department, into |
| 14 | | the following line item appropriations: auto liability claims |
| 15 | | and related expenses and payment of claims under the State |
| 16 | | Employee Indemnification Act. |
| 17 | | (c) The sum of such transfers for an agency in a fiscal |
| 18 | | year shall not
exceed 2% of the aggregate amount appropriated |
| 19 | | to it within the same treasury
fund for the following objects: |
| 20 | | Personal Services; Extra Help; Student and
Inmate |
| 21 | | Compensation; State Contributions to Retirement Systems; State
|
| 22 | | Contributions to Social Security; State Contribution for |
| 23 | | Employee Group
Insurance; Contractual Services; Travel; |
| 24 | | Commodities; Printing; Equipment;
Electronic Data Processing; |
| 25 | | Operation of Automotive Equipment;
Telecommunications |
| 26 | | Services; Travel and Allowance for Committed, Paroled
and |
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| 1 | | Discharged Prisoners; Library Books; Federal Matching Grants |
| 2 | | for
Student Loans; Refunds; Workers' Compensation, |
| 3 | | Occupational Disease, and
Tort Claims; Late Interest Penalties |
| 4 | | under the State Prompt Payment Act and Sections 368a and 370a |
| 5 | | of the Illinois Insurance Code; and, in appropriations to |
| 6 | | institutions of higher education,
Awards and Grants. |
| 7 | | Notwithstanding the above, any amounts appropriated for
|
| 8 | | payment of workers' compensation claims to an agency to which |
| 9 | | the authority
to evaluate, administer and pay such claims has |
| 10 | | been delegated by the
Department of Central Management |
| 11 | | Services may be transferred to any other
expenditure object |
| 12 | | where such amounts exceed the amount necessary for the
payment |
| 13 | | of such claims. |
| 14 | | (c-1) (Blank). |
| 15 | | (c-2) (Blank).
|
| 16 | | (c-3) (Blank). |
| 17 | | (c-4) (Blank). |
| 18 | | (c-5) (Blank). |
| 19 | | (c-6) (Blank). |
| 20 | | (c-7) (Blank). |
| 21 | | (c-8) (Blank). Special provisions for State fiscal year |
| 22 | | 2022. Notwithstanding any other provision of this Section, for |
| 23 | | State fiscal year 2022, transfers among line item |
| 24 | | appropriations to a State agency from the same State treasury |
| 25 | | fund may be made for operational or lump sum expenses only, |
| 26 | | provided that the sum of such transfers for a State agency in |
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| 1 | | State fiscal year 2022 shall not exceed 4% of the aggregate |
| 2 | | amount appropriated to that State agency for operational or |
| 3 | | lump sum expenses for State fiscal year 2022. For the purpose |
| 4 | | of this subsection, "operational or lump sum expenses" |
| 5 | | includes the following objects: personal services; extra help; |
| 6 | | student and inmate compensation; State contributions to |
| 7 | | retirement systems; State contributions to social security; |
| 8 | | State contributions for employee group insurance; contractual |
| 9 | | services; travel; commodities; printing; equipment; electronic |
| 10 | | data processing; operation of automotive equipment; |
| 11 | | telecommunications services; travel and allowance for |
| 12 | | committed, paroled, and discharged prisoners; library books; |
| 13 | | federal matching grants for student loans; refunds; workers' |
| 14 | | compensation, occupational disease, and tort claims; Late |
| 15 | | Interest Penalties under the State Prompt Payment Act and |
| 16 | | Sections 368a and 370a of the Illinois Insurance Code; lump |
| 17 | | sum and other purposes; and lump sum operations. For the |
| 18 | | purpose of this subsection, "State agency" does not include |
| 19 | | the Attorney General, the Secretary of State, the Comptroller, |
| 20 | | the Treasurer, or the judicial or legislative branches. |
| 21 | | (c-9) Special provisions for State fiscal year 2023. |
| 22 | | Notwithstanding any other provision of this Section, for State |
| 23 | | fiscal year 2023, transfers among line item appropriations to |
| 24 | | a State agency from the same State treasury fund may be made |
| 25 | | for operational or lump sum expenses only, provided that the |
| 26 | | sum of such transfers for a State agency in State fiscal year |
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| 1 | | 2023 shall not exceed 4% of the aggregate amount appropriated |
| 2 | | to that State agency for operational or lump sum expenses for |
| 3 | | State fiscal year 2023. For the purpose of this subsection, |
| 4 | | "operational or lump sum expenses" includes the following |
| 5 | | objects: personal services; extra help; student and inmate |
| 6 | | compensation; State contributions to retirement systems; State |
| 7 | | contributions to social security; State contributions for |
| 8 | | employee group insurance; contractual services; travel; |
| 9 | | commodities; printing; equipment; electronic data processing; |
| 10 | | operation of automotive equipment; telecommunications |
| 11 | | services; travel and allowance for committed, paroled, and |
| 12 | | discharged prisoners; library books; federal matching grants |
| 13 | | for student loans; refunds; workers' compensation, |
| 14 | | occupational disease, and tort claims; late interest penalties |
| 15 | | under the State Prompt Payment Act and Sections 368a and 370a |
| 16 | | of the Illinois Insurance Code; lump sum and other purposes; |
| 17 | | and lump sum operations. For the purpose of this subsection, |
| 18 | | "State agency" does not include the Attorney General, the |
| 19 | | Secretary of State, the Comptroller, the Treasurer, or the |
| 20 | | judicial or legislative branches. |
| 21 | | (c-10) Special provisions for State fiscal year 2024. |
| 22 | | Notwithstanding any other provision of this Section, for State |
| 23 | | fiscal year 2024, transfers among line item appropriations to |
| 24 | | a State agency from the same State treasury fund may be made |
| 25 | | for operational or lump sum expenses only, provided that the |
| 26 | | sum of such transfers for a State agency in State fiscal year |
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| 1 | | 2024 shall not exceed 8% of the aggregate amount appropriated |
| 2 | | to that State agency for operational or lump sum expenses for |
| 3 | | State fiscal year 2024. For the purpose of this subsection, |
| 4 | | "operational or lump sum expenses" includes the following |
| 5 | | objects: personal services; extra help; student and inmate |
| 6 | | compensation; State contributions to retirement systems; State |
| 7 | | contributions to social security; State contributions for |
| 8 | | employee group insurance; contractual services; travel; |
| 9 | | commodities; printing; equipment; electronic data processing; |
| 10 | | operation of automotive equipment; telecommunications |
| 11 | | services; travel and allowance for committed, paroled, and |
| 12 | | discharged prisoners; library books; federal matching grants |
| 13 | | for student loans; refunds; workers' compensation, |
| 14 | | occupational disease, and tort claims; late interest penalties |
| 15 | | under the State Prompt Payment Act and Sections 368a and 370a |
| 16 | | of the Illinois Insurance Code; lump sum and other purposes; |
| 17 | | and lump sum operations. For the purpose of this subsection, |
| 18 | | "State agency" does not include the Attorney General, the |
| 19 | | Secretary of State, the Comptroller, the Treasurer, or the |
| 20 | | judicial or legislative branches. |
| 21 | | (d) Transfers among appropriations made to agencies of the |
| 22 | | Legislative
and Judicial departments and to the |
| 23 | | constitutionally elected officers in the
Executive branch |
| 24 | | require the approval of the officer authorized in Section 10
|
| 25 | | of this Act to approve and certify vouchers. Transfers among |
| 26 | | appropriations
made to the University of Illinois, Southern |
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| 1 | | Illinois University, Chicago State
University, Eastern |
| 2 | | Illinois University, Governors State University, Illinois
|
| 3 | | State University, Northeastern Illinois University, Northern |
| 4 | | Illinois
University, Western Illinois University, the Illinois |
| 5 | | Mathematics and Science
Academy and the Board of Higher |
| 6 | | Education require the approval of the Board of
Higher |
| 7 | | Education and the Governor. Transfers among appropriations to |
| 8 | | all other
agencies require the approval of the Governor. |
| 9 | | The officer responsible for approval shall certify that |
| 10 | | the
transfer is necessary to carry out the programs and |
| 11 | | purposes for which
the appropriations were made by the General |
| 12 | | Assembly and shall transmit
to the State Comptroller a |
| 13 | | certified copy of the approval which shall
set forth the |
| 14 | | specific amounts transferred so that the Comptroller may
|
| 15 | | change his records accordingly. The Comptroller shall furnish |
| 16 | | the
Governor with information copies of all transfers approved |
| 17 | | for agencies
of the Legislative and Judicial departments and |
| 18 | | transfers approved by
the constitutionally elected officials |
| 19 | | of the Executive branch other
than the Governor, showing the |
| 20 | | amounts transferred and indicating the
dates such changes were |
| 21 | | entered on the Comptroller's records. |
| 22 | | (e) The State Board of Education, in consultation with the |
| 23 | | State Comptroller, may transfer line item appropriations for |
| 24 | | General State Aid or Evidence-Based Funding among the Common |
| 25 | | School Fund and the Education Assistance Fund, and, for State |
| 26 | | fiscal year 2020 and each fiscal year thereafter, the Fund for |
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| 1 | | the Advancement of Education. With the advice and consent of |
| 2 | | the Governor's Office of Management and Budget, the State |
| 3 | | Board of Education, in consultation with the State |
| 4 | | Comptroller, may transfer line item appropriations between the |
| 5 | | General Revenue Fund and the Education Assistance Fund for the |
| 6 | | following programs: |
| 7 | | (1) Disabled Student Personnel Reimbursement (Section |
| 8 | | 14-13.01 of the School Code); |
| 9 | | (2) Disabled Student Transportation Reimbursement |
| 10 | | (subsection (b) of Section 14-13.01 of the School Code); |
| 11 | | (3) Disabled Student Tuition - Private Tuition |
| 12 | | (Section 14-7.02 of the School Code); |
| 13 | | (4) Extraordinary Special Education (Section 14-7.02b |
| 14 | | of the School Code); |
| 15 | | (5) Reimbursement for Free Lunch/Breakfast Programs; |
| 16 | | (6) Summer School Payments (Section 18-4.3 of the |
| 17 | | School Code); |
| 18 | | (7) Transportation - Regular/Vocational Reimbursement |
| 19 | | (Section 29-5 of the School Code); |
| 20 | | (8) Regular Education Reimbursement (Section 18-3 of |
| 21 | | the School Code); and |
| 22 | | (9) Special Education Reimbursement (Section 14-7.03 |
| 23 | | of the School Code). |
| 24 | | (f) For State fiscal year 2020 and each fiscal year |
| 25 | | thereafter, the Department on Aging, in consultation with the |
| 26 | | State Comptroller, with the advice and consent of the |
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| 1 | | Governor's Office of Management and Budget, may transfer line |
| 2 | | item appropriations for purchase of services covered by the |
| 3 | | Community Care Program between the General Revenue Fund and |
| 4 | | the Commitment to Human Services Fund. |
| 5 | | (g) For State fiscal year 2024 and each fiscal year |
| 6 | | thereafter, if requested by an agency chief executive officer |
| 7 | | and authorized and approved by the Comptroller, the |
| 8 | | Comptroller may direct and the Treasurer shall transfer funds |
| 9 | | from the General Revenue Fund to fund payroll expenses that |
| 10 | | meet the payroll transaction exception criteria as defined by |
| 11 | | the Comptroller in the Statewide Accounting Management System |
| 12 | | (SAMS) Manual. The agency shall then transfer these funds back |
| 13 | | to the General Revenue Fund within 7 days. |
| 14 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
| 15 | | 101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. |
| 16 | | 6-17-21; 102-699, eff. 4-19-22.)
|
| 17 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
|
| 18 | | Sec. 25. Fiscal year limitations.
|
| 19 | | (a) All appropriations shall be
available for expenditure |
| 20 | | for the fiscal year or for a lesser period if the
Act making |
| 21 | | that appropriation so specifies. A deficiency or emergency
|
| 22 | | appropriation shall be available for expenditure only through |
| 23 | | June 30 of
the year when the Act making that appropriation is |
| 24 | | enacted unless that Act
otherwise provides.
|
| 25 | | (b) Outstanding liabilities as of June 30, payable from |
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| 1 | | appropriations
which have otherwise expired, may be paid out |
| 2 | | of the expiring
appropriations during the 2-month period |
| 3 | | ending at the
close of business on August 31. Any service |
| 4 | | involving
professional or artistic skills or any personal |
| 5 | | services by an employee whose
compensation is subject to |
| 6 | | income tax withholding must be performed as of June
30 of the |
| 7 | | fiscal year in order to be considered an "outstanding |
| 8 | | liability as of
June 30" that is thereby eligible for payment |
| 9 | | out of the expiring
appropriation.
|
| 10 | | (b-1) However, payment of tuition reimbursement claims |
| 11 | | under Section 14-7.03 or
18-3 of the School Code may be made by |
| 12 | | the State Board of Education from its
appropriations for those |
| 13 | | respective purposes for any fiscal year, even though
the |
| 14 | | claims reimbursed by the payment may be claims attributable to |
| 15 | | a prior
fiscal year, and payments may be made at the direction |
| 16 | | of the State
Superintendent of Education from the fund from |
| 17 | | which the appropriation is made
without regard to any fiscal |
| 18 | | year limitations, except as required by subsection (j) of this |
| 19 | | Section. Beginning on June 30, 2021, payment of tuition |
| 20 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
| 21 | | School Code as of June 30, payable from appropriations that |
| 22 | | have otherwise expired, may be paid out of the expiring |
| 23 | | appropriation during the 4-month period ending at the close of |
| 24 | | business on October 31.
|
| 25 | | (b-2) (Blank). |
| 26 | | (b-2.5) (Blank). |
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| 1 | | (b-2.6) (Blank). |
| 2 | | (b-2.6a) (Blank). |
| 3 | | (b-2.6b) (Blank). |
| 4 | | (b-2.6c) (Blank). |
| 5 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, |
| 6 | | payable from appropriations that would otherwise expire at the |
| 7 | | conclusion of the lapse period for fiscal year 2020, and |
| 8 | | interest penalties payable on those liabilities under the |
| 9 | | State Prompt Payment Act, may be paid out of the expiring |
| 10 | | appropriations until December 31, 2020, without regard to the |
| 11 | | fiscal year in which the payment is made, as long as vouchers |
| 12 | | for the liabilities are received by the Comptroller no later |
| 13 | | than September 30, 2020. |
| 14 | | (b-2.6e) All outstanding liabilities as of June 30, 2021, |
| 15 | | payable from appropriations that would otherwise expire at the |
| 16 | | conclusion of the lapse period for fiscal year 2021, and |
| 17 | | interest penalties payable on those liabilities under the |
| 18 | | State Prompt Payment Act, may be paid out of the expiring |
| 19 | | appropriations until September 30, 2021, without regard to the |
| 20 | | fiscal year in which the payment is made. |
| 21 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each |
| 22 | | fiscal year thereafter 2019, 2020, 2021, 2022, and 2023, |
| 23 | | interest penalties payable under the State Prompt Payment Act |
| 24 | | associated with a voucher for which payment is issued after |
| 25 | | June 30 may be paid out of the next fiscal year's |
| 26 | | appropriation. The future year appropriation must be for the |
|
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| 1 | | same purpose and from the same fund as the original payment. An |
| 2 | | interest penalty voucher submitted against a future year |
| 3 | | appropriation must be submitted within 60 days after the |
| 4 | | issuance of the associated voucher, except that, for fiscal |
| 5 | | year 2018 only, an interest penalty voucher submitted against |
| 6 | | a future year appropriation must be submitted within 60 days |
| 7 | | of June 5, 2019 (the effective date of Public Act 101-10). The |
| 8 | | Comptroller must issue the interest payment within 60 days |
| 9 | | after acceptance of the interest voucher. |
| 10 | | (b-3) Medical payments may be made by the Department of |
| 11 | | Veterans' Affairs from
its
appropriations for those purposes |
| 12 | | for any fiscal year, without regard to the
fact that the |
| 13 | | medical services being compensated for by such payment may |
| 14 | | have
been rendered in a prior fiscal year, except as required |
| 15 | | by subsection (j) of this Section. Beginning on June 30, 2021, |
| 16 | | medical payments payable from appropriations that have |
| 17 | | otherwise expired may be paid out of the expiring |
| 18 | | appropriation during the 4-month period ending at the close of |
| 19 | | business on October 31.
|
| 20 | | (b-4) Medical payments and child care
payments may be made |
| 21 | | by the Department of
Human Services (as successor to the |
| 22 | | Department of Public Aid) from
appropriations for those |
| 23 | | purposes for any fiscal year,
without regard to the fact that |
| 24 | | the medical or child care services being
compensated for by |
| 25 | | such payment may have been rendered in a prior fiscal
year; and |
| 26 | | payments may be made at the direction of the Department of
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| 1 | | Healthcare and Family Services (or successor agency) from the |
| 2 | | Health Insurance Reserve Fund without regard to any fiscal
|
| 3 | | year limitations, except as required by subsection (j) of this |
| 4 | | Section. Beginning on June 30, 2021, medical and child care |
| 5 | | payments made by the Department of Human Services and payments |
| 6 | | made at the discretion of the Department of Healthcare and |
| 7 | | Family Services (or successor agency) from the Health |
| 8 | | Insurance Reserve Fund and payable from appropriations that |
| 9 | | have otherwise expired may be paid out of the expiring |
| 10 | | appropriation during the 4-month period ending at the close of |
| 11 | | business on October 31.
|
| 12 | | (b-5) Medical payments may be made by the Department of |
| 13 | | Human Services from its appropriations relating to substance |
| 14 | | abuse treatment services for any fiscal year, without regard |
| 15 | | to the fact that the medical services being compensated for by |
| 16 | | such payment may have been rendered in a prior fiscal year, |
| 17 | | provided the payments are made on a fee-for-service basis |
| 18 | | consistent with requirements established for Medicaid |
| 19 | | reimbursement by the Department of Healthcare and Family |
| 20 | | Services, except as required by subsection (j) of this |
| 21 | | Section. Beginning on June 30, 2021, medical payments made by |
| 22 | | the Department of Human Services relating to substance abuse |
| 23 | | treatment services payable from appropriations that have |
| 24 | | otherwise expired may be paid out of the expiring |
| 25 | | appropriation during the 4-month period ending at the close of |
| 26 | | business on October 31. |
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| 1 | | (b-6) (Blank).
|
| 2 | | (b-7) Payments may be made in accordance with a plan |
| 3 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
| 4 | | Department of Central Management Services Law from |
| 5 | | appropriations for those payments without regard to fiscal |
| 6 | | year limitations. |
| 7 | | (b-8) Reimbursements to eligible airport sponsors for the |
| 8 | | construction or upgrading of Automated Weather Observation |
| 9 | | Systems may be made by the Department of Transportation from |
| 10 | | appropriations for those purposes for any fiscal year, without |
| 11 | | regard to the fact that the qualification or obligation may |
| 12 | | have occurred in a prior fiscal year, provided that at the time |
| 13 | | the expenditure was made the project had been approved by the |
| 14 | | Department of Transportation prior to June 1, 2012 and, as a |
| 15 | | result of recent changes in federal funding formulas, can no |
| 16 | | longer receive federal reimbursement. |
| 17 | | (b-9) (Blank). |
| 18 | | (c) Further, payments may be made by the Department of |
| 19 | | Public Health and the
Department of Human Services (acting as |
| 20 | | successor to the Department of Public
Health under the |
| 21 | | Department of Human Services Act)
from their respective |
| 22 | | appropriations for grants for medical care to or on
behalf of |
| 23 | | premature and high-mortality risk infants and their mothers |
| 24 | | and
for grants for supplemental food supplies provided under |
| 25 | | the United States
Department of Agriculture Women, Infants and |
| 26 | | Children Nutrition Program,
for any fiscal year without regard |
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| 1 | | to the fact that the services being
compensated for by such |
| 2 | | payment may have been rendered in a prior fiscal year, except |
| 3 | | as required by subsection (j) of this Section. Beginning on |
| 4 | | June 30, 2021, payments made by the Department of Public |
| 5 | | Health and the Department of Human Services from their |
| 6 | | respective appropriations for grants for medical care to or on |
| 7 | | behalf of premature and high-mortality risk infants and their |
| 8 | | mothers and for grants for supplemental food supplies provided |
| 9 | | under the United States Department of Agriculture Women, |
| 10 | | Infants and Children Nutrition Program payable from |
| 11 | | appropriations that have otherwise expired may be paid out of |
| 12 | | the expiring appropriations during the 4-month period ending |
| 13 | | at the close of business on October 31.
|
| 14 | | (d) The Department of Public Health and the Department of |
| 15 | | Human Services
(acting as successor to the Department of |
| 16 | | Public Health under the Department of
Human Services Act) |
| 17 | | shall each annually submit to the State Comptroller, Senate
|
| 18 | | President, Senate
Minority Leader, Speaker of the House, House |
| 19 | | Minority Leader, and the
respective Chairmen and Minority |
| 20 | | Spokesmen of the
Appropriations Committees of the Senate and |
| 21 | | the House, on or before
December 31, a report of fiscal year |
| 22 | | funds used to pay for services
provided in any prior fiscal |
| 23 | | year. This report shall document by program or
service |
| 24 | | category those expenditures from the most recently completed |
| 25 | | fiscal
year used to pay for services provided in prior fiscal |
| 26 | | years.
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| 1 | | (e) The Department of Healthcare and Family Services, the |
| 2 | | Department of Human Services
(acting as successor to the |
| 3 | | Department of Public Aid), and the Department of Human |
| 4 | | Services making fee-for-service payments relating to substance |
| 5 | | abuse treatment services provided during a previous fiscal |
| 6 | | year shall each annually
submit to the State
Comptroller, |
| 7 | | Senate President, Senate Minority Leader, Speaker of the |
| 8 | | House,
House Minority Leader, the respective Chairmen and |
| 9 | | Minority Spokesmen of the
Appropriations Committees of the |
| 10 | | Senate and the House, on or before November
30, a report that |
| 11 | | shall document by program or service category those
|
| 12 | | expenditures from the most recently completed fiscal year used |
| 13 | | to pay for (i)
services provided in prior fiscal years and (ii) |
| 14 | | services for which claims were
received in prior fiscal years.
|
| 15 | | (f) The Department of Human Services (as successor to the |
| 16 | | Department of
Public Aid) shall annually submit to the State
|
| 17 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
| 18 | | of the House,
House Minority Leader, and the respective |
| 19 | | Chairmen and Minority Spokesmen of
the Appropriations |
| 20 | | Committees of the Senate and the House, on or before
December |
| 21 | | 31, a report
of fiscal year funds used to pay for services |
| 22 | | (other than medical care)
provided in any prior fiscal year. |
| 23 | | This report shall document by program or
service category |
| 24 | | those expenditures from the most recently completed fiscal
|
| 25 | | year used to pay for services provided in prior fiscal years.
|
| 26 | | (g) In addition, each annual report required to be |
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| 1 | | submitted by the
Department of Healthcare and Family Services |
| 2 | | under subsection (e) shall include the following
information |
| 3 | | with respect to the State's Medicaid program:
|
| 4 | | (1) Explanations of the exact causes of the variance |
| 5 | | between the previous
year's estimated and actual |
| 6 | | liabilities.
|
| 7 | | (2) Factors affecting the Department of Healthcare and |
| 8 | | Family Services' liabilities,
including, but not limited |
| 9 | | to, numbers of aid recipients, levels of medical
service |
| 10 | | utilization by aid recipients, and inflation in the cost |
| 11 | | of medical
services.
|
| 12 | | (3) The results of the Department's efforts to combat |
| 13 | | fraud and abuse.
|
| 14 | | (h) As provided in Section 4 of the General Assembly |
| 15 | | Compensation Act,
any utility bill for service provided to a |
| 16 | | General Assembly
member's district office for a period |
| 17 | | including portions of 2 consecutive
fiscal years may be paid |
| 18 | | from funds appropriated for such expenditure in
either fiscal |
| 19 | | year.
|
| 20 | | (i) An agency which administers a fund classified by the |
| 21 | | Comptroller as an
internal service fund may issue rules for:
|
| 22 | | (1) billing user agencies in advance for payments or |
| 23 | | authorized inter-fund transfers
based on estimated charges |
| 24 | | for goods or services;
|
| 25 | | (2) issuing credits, refunding through inter-fund |
| 26 | | transfers, or reducing future inter-fund transfers
during
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| 1 | | the subsequent fiscal year for all user agency payments or |
| 2 | | authorized inter-fund transfers received during the
prior |
| 3 | | fiscal year which were in excess of the final amounts owed |
| 4 | | by the user
agency for that period; and
|
| 5 | | (3) issuing catch-up billings to user agencies
during |
| 6 | | the subsequent fiscal year for amounts remaining due when |
| 7 | | payments or authorized inter-fund transfers
received from |
| 8 | | the user agency during the prior fiscal year were less |
| 9 | | than the
total amount owed for that period.
|
| 10 | | User agencies are authorized to reimburse internal service |
| 11 | | funds for catch-up
billings by vouchers drawn against their |
| 12 | | respective appropriations for the
fiscal year in which the |
| 13 | | catch-up billing was issued or by increasing an authorized |
| 14 | | inter-fund transfer during the current fiscal year. For the |
| 15 | | purposes of this Act, "inter-fund transfers" means transfers |
| 16 | | without the use of the voucher-warrant process, as authorized |
| 17 | | by Section 9.01 of the State Comptroller Act.
|
| 18 | | (i-1) Beginning on July 1, 2021, all outstanding |
| 19 | | liabilities, not payable during the 4-month lapse period as |
| 20 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
| 21 | | of this Section, that are made from appropriations for that |
| 22 | | purpose for any fiscal year, without regard to the fact that |
| 23 | | the services being compensated for by those payments may have |
| 24 | | been rendered in a prior fiscal year, are limited to only those |
| 25 | | claims that have been incurred but for which a proper bill or |
| 26 | | invoice as defined by the State Prompt Payment Act has not been |
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| 1 | | received by September 30th following the end of the fiscal |
| 2 | | year in which the service was rendered. |
| 3 | | (j) Notwithstanding any other provision of this Act, the |
| 4 | | aggregate amount of payments to be made without regard for |
| 5 | | fiscal year limitations as contained in subsections (b-1), |
| 6 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined |
| 7 | | by using Generally Accepted Accounting Principles, shall not |
| 8 | | exceed the following amounts: |
| 9 | | (1) $6,000,000,000 for outstanding liabilities related |
| 10 | | to fiscal year 2012; |
| 11 | | (2) $5,300,000,000 for outstanding liabilities related |
| 12 | | to fiscal year 2013; |
| 13 | | (3) $4,600,000,000 for outstanding liabilities related |
| 14 | | to fiscal year 2014; |
| 15 | | (4) $4,000,000,000 for outstanding liabilities related |
| 16 | | to fiscal year 2015; |
| 17 | | (5) $3,300,000,000 for outstanding liabilities related |
| 18 | | to fiscal year 2016; |
| 19 | | (6) $2,600,000,000 for outstanding liabilities related |
| 20 | | to fiscal year 2017; |
| 21 | | (7) $2,000,000,000 for outstanding liabilities related |
| 22 | | to fiscal year 2018; |
| 23 | | (8) $1,300,000,000 for outstanding liabilities related |
| 24 | | to fiscal year 2019; |
| 25 | | (9) $600,000,000 for outstanding liabilities related |
| 26 | | to fiscal year 2020; and |
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| 1 | | (10) $0 for outstanding liabilities related to fiscal |
| 2 | | year 2021 and fiscal years thereafter. |
| 3 | | (k) Department of Healthcare and Family Services Medical |
| 4 | | Assistance Payments. |
| 5 | | (1) Definition of Medical Assistance. |
| 6 | | For purposes of this subsection, the term "Medical |
| 7 | | Assistance" shall include, but not necessarily be |
| 8 | | limited to, medical programs and services authorized |
| 9 | | under Titles XIX and XXI of the Social Security Act, |
| 10 | | the Illinois Public Aid Code, the Children's Health |
| 11 | | Insurance Program Act, the Covering ALL KIDS Health |
| 12 | | Insurance Act, the Long Term Acute Care Hospital |
| 13 | | Quality Improvement Transfer Program Act, and medical |
| 14 | | care to or on behalf of persons suffering from chronic |
| 15 | | renal disease, persons suffering from hemophilia, and |
| 16 | | victims of sexual assault. |
| 17 | | (2) Limitations on Medical Assistance payments that |
| 18 | | may be paid from future fiscal year appropriations. |
| 19 | | (A) The maximum amounts of annual unpaid Medical |
| 20 | | Assistance bills received and recorded by the |
| 21 | | Department of Healthcare and Family Services on or |
| 22 | | before June 30th of a particular fiscal year |
| 23 | | attributable in aggregate to the General Revenue Fund, |
| 24 | | Healthcare Provider Relief Fund, Tobacco Settlement |
| 25 | | Recovery Fund, Long-Term Care Provider Fund, and the |
| 26 | | Drug Rebate Fund that may be paid in total by the |
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| 1 | | Department from future fiscal year Medical Assistance |
| 2 | | appropriations to those funds are:
$700,000,000 for |
| 3 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
| 4 | | and each fiscal year thereafter. |
| 5 | | (B) Bills for Medical Assistance services rendered |
| 6 | | in a particular fiscal year, but received and recorded |
| 7 | | by the Department of Healthcare and Family Services |
| 8 | | after June 30th of that fiscal year, may be paid from |
| 9 | | either appropriations for that fiscal year or future |
| 10 | | fiscal year appropriations for Medical Assistance. |
| 11 | | Such payments shall not be subject to the requirements |
| 12 | | of subparagraph (A). |
| 13 | | (C) Medical Assistance bills received by the |
| 14 | | Department of Healthcare and Family Services in a |
| 15 | | particular fiscal year, but subject to payment amount |
| 16 | | adjustments in a future fiscal year may be paid from a |
| 17 | | future fiscal year's appropriation for Medical |
| 18 | | Assistance. Such payments shall not be subject to the |
| 19 | | requirements of subparagraph (A). |
| 20 | | (D) Medical Assistance payments made by the |
| 21 | | Department of Healthcare and Family Services from |
| 22 | | funds other than those specifically referenced in |
| 23 | | subparagraph (A) may be made from appropriations for |
| 24 | | those purposes for any fiscal year without regard to |
| 25 | | the fact that the Medical Assistance services being |
| 26 | | compensated for by such payment may have been rendered |
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| 1 | | in a prior fiscal year. Such payments shall not be |
| 2 | | subject to the requirements of subparagraph (A). |
| 3 | | (3) Extended lapse period for Department of Healthcare |
| 4 | | and Family Services Medical Assistance payments. |
| 5 | | Notwithstanding any other State law to the contrary, |
| 6 | | outstanding Department of Healthcare and Family Services |
| 7 | | Medical Assistance liabilities, as of June 30th, payable |
| 8 | | from appropriations which have otherwise expired, may be |
| 9 | | paid out of the expiring appropriations during the 4-month |
| 10 | | period ending at the close of business on October 31st. |
| 11 | | (l) The changes to this Section made by Public Act 97-691 |
| 12 | | shall be effective for payment of Medical Assistance bills |
| 13 | | incurred in fiscal year 2013 and future fiscal years. The |
| 14 | | changes to this Section made by Public Act 97-691 shall not be |
| 15 | | applied to Medical Assistance bills incurred in fiscal year |
| 16 | | 2012 or prior fiscal years. |
| 17 | | (m) The Comptroller must issue payments against |
| 18 | | outstanding liabilities that were received prior to the lapse |
| 19 | | period deadlines set forth in this Section as soon thereafter |
| 20 | | as practical, but no payment may be issued after the 4 months |
| 21 | | following the lapse period deadline without the signed |
| 22 | | authorization of the Comptroller and the Governor. |
| 23 | | (Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; |
| 24 | | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. |
| 25 | | 8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
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| 1 | | Section 5-55. The State Revenue Sharing Act is amended by |
| 2 | | changing Section 12 as follows:
|
| 3 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
|
| 4 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
| 5 | | hereby
created the Personal Property Tax Replacement Fund, a |
| 6 | | special fund in
the State Treasury into which shall be paid all |
| 7 | | revenue realized:
|
| 8 | | (a) all amounts realized from the additional personal |
| 9 | | property tax
replacement income tax imposed by subsections |
| 10 | | (c) and (d) of Section 201 of the
Illinois Income Tax Act, |
| 11 | | except for those amounts deposited into the Income Tax
|
| 12 | | Refund Fund pursuant to subsection (c) of Section 901 of |
| 13 | | the Illinois Income
Tax Act; and
|
| 14 | | (b) all amounts realized from the additional personal |
| 15 | | property replacement
invested capital taxes imposed by |
| 16 | | Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the |
| 17 | | Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities |
| 18 | | Revenue Act, and Section 3 of the Water Company Invested |
| 19 | | Capital
Tax Act, and amounts payable to the Department of |
| 20 | | Revenue under the
Telecommunications Infrastructure |
| 21 | | Maintenance Fee Act.
|
| 22 | | As soon as may be after the end of each month, the |
| 23 | | Department of Revenue
shall certify to the Treasurer and the |
| 24 | | Comptroller the amount of all refunds
paid out of the General |
| 25 | | Revenue Fund through the preceding month on account
of |
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| 1 | | overpayment of liability on taxes paid into the Personal |
| 2 | | Property Tax
Replacement Fund. Upon receipt of such |
| 3 | | certification, the Treasurer and
the Comptroller shall |
| 4 | | transfer the amount so certified from the Personal
Property |
| 5 | | Tax Replacement Fund into the General Revenue Fund.
|
| 6 | | The payments of revenue into the Personal Property Tax |
| 7 | | Replacement Fund
shall be used exclusively for distribution to |
| 8 | | taxing districts, regional offices and officials, and local |
| 9 | | officials as provided
in this Section and in the School Code, |
| 10 | | payment of the ordinary and contingent expenses of the |
| 11 | | Property Tax Appeal Board, payment of the expenses of the |
| 12 | | Department of Revenue incurred
in administering the collection |
| 13 | | and distribution of monies paid into the
Personal Property Tax |
| 14 | | Replacement Fund and transfers due to refunds to
taxpayers for |
| 15 | | overpayment of liability for taxes paid into the Personal
|
| 16 | | Property Tax Replacement Fund.
|
| 17 | | In addition, moneys in the Personal Property Tax
|
| 18 | | Replacement Fund may be used to pay any of the following: (i) |
| 19 | | salary, stipends, and additional compensation as provided by |
| 20 | | law for chief election clerks, county clerks, and county |
| 21 | | recorders; (ii) costs associated with regional offices of |
| 22 | | education and educational service centers; (iii) |
| 23 | | reimbursements payable by the State Board of Elections under |
| 24 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
| 25 | | Election Code; (iv) expenses of the Illinois Educational Labor |
| 26 | | Relations Board; and (v) salary, personal services, and |
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| 1 | | additional compensation as provided by law for court reporters |
| 2 | | under the Court Reporters Act. |
| 3 | | As soon as may be after June 26, 1980 (the effective date |
| 4 | | of Public Act 81-1255),
the Department of Revenue shall |
| 5 | | certify to the Treasurer the amount of net
replacement revenue |
| 6 | | paid into the General Revenue Fund prior to that effective
|
| 7 | | date from the additional tax imposed by Section 2a.1 of the |
| 8 | | Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; |
| 9 | | Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of |
| 10 | | the Water Company Invested Capital Tax Act;
amounts collected |
| 11 | | by the Department of Revenue under the Telecommunications |
| 12 | | Infrastructure Maintenance Fee Act; and the
additional |
| 13 | | personal
property tax replacement income tax imposed by
the |
| 14 | | Illinois Income Tax Act, as amended by Public
Act 81-1st |
| 15 | | Special Session-1. Net replacement revenue shall be defined as
|
| 16 | | the total amount paid into and remaining in the General |
| 17 | | Revenue Fund as a
result of those Acts minus the amount |
| 18 | | outstanding and obligated from the
General Revenue Fund in |
| 19 | | state vouchers or warrants prior to June 26, 1980 (the |
| 20 | | effective
date of Public Act 81-1255) as refunds to taxpayers |
| 21 | | for overpayment
of liability under those Acts.
|
| 22 | | All interest earned by monies accumulated in the Personal |
| 23 | | Property
Tax Replacement Fund shall be deposited in such Fund. |
| 24 | | All amounts allocated
pursuant to this Section are |
| 25 | | appropriated on a continuing basis.
|
| 26 | | Prior to December 31, 1980, as soon as may be after the end |
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| 1 | | of each quarter
beginning with the quarter ending December 31, |
| 2 | | 1979, and on and after
December 31, 1980, as soon as may be |
| 3 | | after January 1, March 1, April 1, May
1, July 1, August 1, |
| 4 | | October 1 and December 1 of each year, the Department
of |
| 5 | | Revenue shall allocate to each taxing district as defined in |
| 6 | | Section 1-150
of the Property Tax Code, in accordance with
the |
| 7 | | provisions of paragraph (2) of this Section the portion of the |
| 8 | | funds held
in the Personal Property Tax Replacement Fund which |
| 9 | | is required to be
distributed, as provided in paragraph (1), |
| 10 | | for each quarter. Provided,
however, under no circumstances |
| 11 | | shall any taxing district during each of the
first two years of |
| 12 | | distribution of the taxes imposed by Public Act 81-1st Special |
| 13 | | Session-1 be entitled to an annual allocation which is less |
| 14 | | than the funds such
taxing district collected from the 1978 |
| 15 | | personal property tax. Provided further
that under no |
| 16 | | circumstances shall any taxing district during the third year |
| 17 | | of
distribution of the taxes imposed by Public Act 81-1st |
| 18 | | Special Session-1 receive less
than 60% of the funds such |
| 19 | | taxing district collected from the 1978 personal
property tax. |
| 20 | | In the event that the total of the allocations made as above
|
| 21 | | provided for all taxing districts, during either of such 3 |
| 22 | | years, exceeds the
amount available for distribution the |
| 23 | | allocation of each taxing district shall
be proportionately |
| 24 | | reduced. Except as provided in Section 13 of this Act, the
|
| 25 | | Department shall then certify, pursuant to appropriation, such |
| 26 | | allocations to
the State Comptroller who shall pay over to the |
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| 1 | | several taxing districts the
respective amounts allocated to |
| 2 | | them.
|
| 3 | | Any township which receives an allocation based in whole |
| 4 | | or in part upon
personal property taxes which it levied |
| 5 | | pursuant to Section 6-507 or 6-512
of the Illinois Highway |
| 6 | | Code and which was previously
required to be paid
over to a |
| 7 | | municipality shall immediately pay over to that municipality a
|
| 8 | | proportionate share of the personal property replacement funds |
| 9 | | which such
township receives.
|
| 10 | | Any municipality or township, other than a municipality |
| 11 | | with a population
in excess of 500,000, which receives an |
| 12 | | allocation based in whole or in
part on personal property |
| 13 | | taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of |
| 14 | | the Illinois Local Library Act and which was
previously
|
| 15 | | required to be paid over to a public library shall immediately |
| 16 | | pay over
to that library a proportionate share of the personal |
| 17 | | property tax replacement
funds which such municipality or |
| 18 | | township receives; provided that if such
a public library has |
| 19 | | converted to a library organized under the Illinois
Public |
| 20 | | Library District Act, regardless of whether such conversion |
| 21 | | has
occurred on, after or before January 1, 1988, such |
| 22 | | proportionate share
shall be immediately paid over to the |
| 23 | | library district which maintains and
operates the library. |
| 24 | | However, any library that has converted prior to January
1, |
| 25 | | 1988, and which hitherto has not received the personal |
| 26 | | property tax
replacement funds, shall receive such funds |
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| 1 | | commencing on January 1, 1988.
|
| 2 | | Any township which receives an allocation based in whole |
| 3 | | or in part on
personal property taxes which it levied pursuant |
| 4 | | to Section 1c of the Public
Graveyards Act and which taxes were |
| 5 | | previously required to be paid
over to or used for such public |
| 6 | | cemetery or cemeteries shall immediately
pay over to or use |
| 7 | | for such public cemetery or cemeteries a proportionate
share |
| 8 | | of the personal property tax replacement funds which the |
| 9 | | township
receives.
|
| 10 | | Any taxing district which receives an allocation based in |
| 11 | | whole or in
part upon personal property taxes which it levied |
| 12 | | for another
governmental body or school district in Cook |
| 13 | | County in 1976 or for
another governmental body or school |
| 14 | | district in the remainder of the
State in 1977 shall |
| 15 | | immediately pay over to that governmental body or
school |
| 16 | | district the amount of personal property replacement funds |
| 17 | | which
such governmental body or school district would receive |
| 18 | | directly under
the provisions of paragraph (2) of this |
| 19 | | Section, had it levied its own
taxes.
|
| 20 | | (1) The portion of the Personal Property Tax |
| 21 | | Replacement Fund required to
be
distributed as of the time |
| 22 | | allocation is required to be made shall be the
amount |
| 23 | | available in such Fund as of the time allocation is |
| 24 | | required to be made.
|
| 25 | | The amount available for distribution shall be the |
| 26 | | total amount in the
fund at such time minus the necessary |
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| 1 | | administrative and other authorized expenses as limited
by |
| 2 | | the appropriation and the amount determined by: (a) $2.8 |
| 3 | | million for
fiscal year 1981; (b) for fiscal year 1982, |
| 4 | | .54% of the funds distributed
from the fund during the |
| 5 | | preceding fiscal year; (c) for fiscal year 1983
through |
| 6 | | fiscal year 1988, .54% of the funds distributed from the |
| 7 | | fund during
the preceding fiscal year less .02% of such |
| 8 | | fund for fiscal year 1983 and
less .02% of such funds for |
| 9 | | each fiscal year thereafter; (d) for fiscal
year 1989 |
| 10 | | through fiscal year 2011 no more than 105% of the actual |
| 11 | | administrative expenses
of the prior fiscal year; (e) for |
| 12 | | fiscal year 2012 and beyond, a sufficient amount to pay |
| 13 | | (i) stipends, additional compensation, salary |
| 14 | | reimbursements, and other amounts directed to be paid out |
| 15 | | of this Fund for local officials as authorized or required |
| 16 | | by statute and (ii) the ordinary and contingent expenses |
| 17 | | of the Property Tax Appeal Board and the expenses of the |
| 18 | | Department of Revenue incurred in administering the |
| 19 | | collection and distribution of moneys paid into the Fund; |
| 20 | | (f) for fiscal years 2012 and 2013 only, a sufficient |
| 21 | | amount to pay stipends, additional compensation, salary |
| 22 | | reimbursements, and other amounts directed to be paid out |
| 23 | | of this Fund for regional offices and officials as |
| 24 | | authorized or required by statute; or (g) for fiscal years |
| 25 | | 2018 through 2024 2023 only, a sufficient amount to pay |
| 26 | | amounts directed to be paid out of this Fund for public |
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| 1 | | community college base operating grants and local health |
| 2 | | protection grants to certified local health departments as |
| 3 | | authorized or required by appropriation or statute. Such |
| 4 | | portion of the fund shall be determined after
the transfer |
| 5 | | into the General Revenue Fund due to refunds, if any, paid
|
| 6 | | from the General Revenue Fund during the preceding |
| 7 | | quarter. If at any time,
for any reason, there is |
| 8 | | insufficient amount in the Personal Property
Tax |
| 9 | | Replacement Fund for payments for regional offices and |
| 10 | | officials or local officials or payment of costs of |
| 11 | | administration or for transfers
due to refunds at the end |
| 12 | | of any particular month, the amount of such
insufficiency |
| 13 | | shall be carried over for the purposes of payments for |
| 14 | | regional offices and officials, local officials, transfers |
| 15 | | into the
General Revenue Fund, and costs of administration |
| 16 | | to the
following month or months. Net replacement revenue |
| 17 | | held, and defined above,
shall be transferred by the |
| 18 | | Treasurer and Comptroller to the Personal Property
Tax |
| 19 | | Replacement Fund within 10 days of such certification.
|
| 20 | | (2) Each quarterly allocation shall first be |
| 21 | | apportioned in the
following manner: 51.65% for taxing |
| 22 | | districts in Cook County and 48.35%
for taxing districts |
| 23 | | in the remainder of the State.
|
| 24 | | The Personal Property Replacement Ratio of each taxing |
| 25 | | district
outside Cook County shall be the ratio which the Tax |
| 26 | | Base of that taxing
district bears to the Downstate Tax Base. |
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| 1 | | The Tax Base of each taxing
district outside of Cook County is |
| 2 | | the personal property tax collections
for that taxing district |
| 3 | | for the 1977 tax year. The Downstate Tax Base
is the personal |
| 4 | | property tax collections for all taxing districts in the
State |
| 5 | | outside of Cook County for the 1977 tax year. The Department of
|
| 6 | | Revenue shall have authority to review for accuracy and |
| 7 | | completeness the
personal property tax collections for each |
| 8 | | taxing district outside Cook
County for the 1977 tax year.
|
| 9 | | The Personal Property Replacement Ratio of each Cook |
| 10 | | County taxing
district shall be the ratio which the Tax Base of |
| 11 | | that taxing district
bears to the Cook County Tax Base. The Tax |
| 12 | | Base of each Cook County
taxing district is the personal |
| 13 | | property tax collections for that taxing
district for the 1976 |
| 14 | | tax year. The Cook County Tax Base is the
personal property tax |
| 15 | | collections for all taxing districts in Cook
County for the |
| 16 | | 1976 tax year. The Department of Revenue shall have
authority |
| 17 | | to review for accuracy and completeness the personal property |
| 18 | | tax
collections for each taxing district within Cook County |
| 19 | | for the 1976 tax year.
|
| 20 | | For all purposes of this Section 12, amounts paid to a |
| 21 | | taxing district
for such tax years as may be applicable by a |
| 22 | | foreign corporation under the
provisions of Section 7-202 of |
| 23 | | the Public Utilities Act, as amended,
shall be deemed to be |
| 24 | | personal property taxes collected by such taxing district
for |
| 25 | | such tax years as may be applicable. The Director shall |
| 26 | | determine from the
Illinois Commerce Commission, for any tax |
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| 1 | | year as may be applicable, the
amounts so paid by any such |
| 2 | | foreign corporation to any and all taxing
districts. The |
| 3 | | Illinois Commerce Commission shall furnish such information to
|
| 4 | | the Director. For all purposes of this Section 12, the |
| 5 | | Director shall deem such
amounts to be collected personal |
| 6 | | property taxes of each such taxing district
for the applicable |
| 7 | | tax year or years.
|
| 8 | | Taxing districts located both in Cook County and in one or |
| 9 | | more other
counties shall receive both a Cook County |
| 10 | | allocation and a Downstate
allocation determined in the same |
| 11 | | way as all other taxing districts.
|
| 12 | | If any taxing district in existence on July 1, 1979 ceases |
| 13 | | to exist,
or discontinues its operations, its Tax Base shall |
| 14 | | thereafter be deemed
to be zero. If the powers, duties and |
| 15 | | obligations of the discontinued
taxing district are assumed by |
| 16 | | another taxing district, the Tax Base of
the discontinued |
| 17 | | taxing district shall be added to the Tax Base of the
taxing |
| 18 | | district assuming such powers, duties and obligations.
|
| 19 | | If two or more taxing districts in existence on July 1, |
| 20 | | 1979, or a
successor or successors thereto shall consolidate |
| 21 | | into one taxing
district, the Tax Base of such consolidated |
| 22 | | taxing district shall be the
sum of the Tax Bases of each of |
| 23 | | the taxing districts which have consolidated.
|
| 24 | | If a single taxing district in existence on July 1, 1979, |
| 25 | | or a
successor or successors thereto shall be divided into two |
| 26 | | or more
separate taxing districts, the tax base of the taxing |
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| 1 | | district so
divided shall be allocated to each of the |
| 2 | | resulting taxing districts in
proportion to the then current |
| 3 | | equalized assessed value of each resulting
taxing district.
|
| 4 | | If a portion of the territory of a taxing district is |
| 5 | | disconnected
and annexed to another taxing district of the |
| 6 | | same type, the Tax Base of
the taxing district from which |
| 7 | | disconnection was made shall be reduced
in proportion to the |
| 8 | | then current equalized assessed value of the disconnected
|
| 9 | | territory as compared with the then current equalized assessed |
| 10 | | value within the
entire territory of the taxing district prior |
| 11 | | to disconnection, and the
amount of such reduction shall be |
| 12 | | added to the Tax Base of the taxing
district to which |
| 13 | | annexation is made.
|
| 14 | | If a community college district is created after July 1, |
| 15 | | 1979,
beginning on January 1, 1996 (the effective date of |
| 16 | | Public Act 89-327), its Tax Base
shall be 3.5% of the sum of |
| 17 | | the personal property tax collected for the
1977 tax year |
| 18 | | within the territorial jurisdiction of the district.
|
| 19 | | The amounts allocated and paid to taxing districts |
| 20 | | pursuant to
the provisions of Public Act 81-1st Special |
| 21 | | Session-1 shall be deemed to be
substitute revenues for the |
| 22 | | revenues derived from taxes imposed on
personal property |
| 23 | | pursuant to the provisions of the "Revenue Act of
1939" or "An |
| 24 | | Act for the assessment and taxation of private car line
|
| 25 | | companies", approved July 22, 1943, as amended, or Section 414 |
| 26 | | of the
Illinois Insurance Code, prior to the abolition of such |
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| 1 | | taxes and shall
be used for the same purposes as the revenues |
| 2 | | derived from ad valorem
taxes on real estate.
|
| 3 | | Monies received by any taxing districts from the Personal |
| 4 | | Property
Tax Replacement Fund shall be first applied toward |
| 5 | | payment of the proportionate
amount of debt service which was |
| 6 | | previously levied and collected from
extensions against |
| 7 | | personal property on bonds outstanding as of December 31,
1978 |
| 8 | | and next applied toward payment of the proportionate share of |
| 9 | | the pension
or retirement obligations of the taxing district |
| 10 | | which were previously levied
and collected from extensions |
| 11 | | against personal property. For each such
outstanding bond |
| 12 | | issue, the County Clerk shall determine the percentage of the
|
| 13 | | debt service which was collected from extensions against real |
| 14 | | estate in the
taxing district for 1978 taxes payable in 1979, |
| 15 | | as related to the total amount
of such levies and collections |
| 16 | | from extensions against both real and personal
property. For |
| 17 | | 1979 and subsequent years' taxes, the County Clerk shall levy
|
| 18 | | and extend taxes against the real estate of each taxing |
| 19 | | district which will
yield the said percentage or percentages |
| 20 | | of the debt service on such
outstanding bonds. The balance of |
| 21 | | the amount necessary to fully pay such debt
service shall |
| 22 | | constitute a first and prior lien upon the monies
received by |
| 23 | | each such taxing district through the Personal Property Tax
|
| 24 | | Replacement Fund and shall be first applied or set aside for |
| 25 | | such purpose.
In counties having fewer than 3,000,000 |
| 26 | | inhabitants, the amendments to
this paragraph as made by |
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| 1 | | Public Act 81-1255 shall be first
applicable to 1980 taxes to |
| 2 | | be collected in 1981.
|
| 3 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 4 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 5 | | Section 5-60. The Railsplitter Tobacco Settlement |
| 6 | | Authority Act is amended by changing Section 3-5 as follows:
|
| 7 | | (30 ILCS 171/3-5)
|
| 8 | | Sec. 3-5. Certain powers of the Authority. The Authority |
| 9 | | shall have the power to: |
| 10 | | (1) sue and be sued;
|
| 11 | | (2) have a seal and alter the same at pleasure;
|
| 12 | | (3) make and alter by-laws for its organization and |
| 13 | | internal management and make rules and regulations |
| 14 | | governing the use of its property and facilities;
|
| 15 | | (4) appoint by and with the consent of the Attorney |
| 16 | | General, assistant attorneys for such Authority; those |
| 17 | | assistant attorneys shall be under the control, direction, |
| 18 | | and supervision of the Attorney General and shall serve at |
| 19 | | his or her pleasure; |
| 20 | | (5) retain special counsel, subject to the approval of |
| 21 | | the Attorney General, as needed from time to time, and fix |
| 22 | | their compensation, provided however, such special counsel |
| 23 | | shall be subject to the control, direction and supervision |
| 24 | | of the Attorney General and shall serve at his or her |
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| 1 | | pleasure; |
| 2 | | (6) make and execute contracts and all other |
| 3 | | instruments necessary or convenient for the exercise of |
| 4 | | its powers and functions under this Section and to |
| 5 | | commence any action to protect or enforce any right |
| 6 | | conferred upon it by any law, contract, or other |
| 7 | | agreement, provided that any underwriter, financial |
| 8 | | advisor, bond counsel, or other professional providing |
| 9 | | services to the Authority may be selected pursuant to |
| 10 | | solicitations issued and completed by the Governor's |
| 11 | | Office of Management and Budget for those services;
|
| 12 | | (7) appoint officers and agents, prescribe their |
| 13 | | duties and qualifications, fix their compensation and |
| 14 | | engage the services of private consultants and counsel on |
| 15 | | a contract basis for rendering professional and technical |
| 16 | | assistance and advice, provided that this shall not be |
| 17 | | construed to limit the authority of the Attorney General |
| 18 | | provided in Section 4 of the Attorney General Act;
|
| 19 | | (8) pay its operating expenses and its financing |
| 20 | | costs, including its reasonable costs of issuance and sale |
| 21 | | and those of the Attorney General, if any, in a total |
| 22 | | amount not greater than 1% of the principal amount of the |
| 23 | | proceeds of the bond sale;
|
| 24 | | (9) borrow money in its name and issue negotiable |
| 25 | | bonds and provide for the rights of the holders thereof as |
| 26 | | otherwise provided in this Act;
|
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| 1 | | (10) procure insurance against any loss in connection |
| 2 | | with its activities, properties, and assets in such amount |
| 3 | | and from such insurers as it deems desirable;
|
| 4 | | (11) invest any funds or other moneys under its |
| 5 | | custody and control in investment securities, including in |
| 6 | | defeasance collateral, as that term is defined in any bond |
| 7 | | indenture to which the Authority is party, or under any |
| 8 | | related bond facility;
|
| 9 | | (12) as security for the payment of the principal of |
| 10 | | and interest on any bonds issued by it pursuant to this Act |
| 11 | | and any agreement made in connection therewith and for its |
| 12 | | obligations under any related bond facility, pledge all or |
| 13 | | any part of the tobacco settlement revenues;
|
| 14 | | (13) receive payments, transfers of funds, or other
|
| 15 | | moneys from any source in furtherance of a defeasance of |
| 16 | | bonds, provide notice to an indenture trustee of the |
| 17 | | defeasance of outstanding bonds, and execute and deliver |
| 18 | | those instruments necessary to discharge the lien of the |
| 19 | | trustee and the security interest of the holders of |
| 20 | | outstanding bonds created under an indenture; and |
| 21 | | (14) do any and all things necessary or convenient to |
| 22 | | carry out its purposes and exercise the powers expressly |
| 23 | | given and granted in this Section.
|
| 24 | | (Source: P.A. 96-958, eff. 7-1-10.)
|
| 25 | | Section 5-62. The Illinois Procurement Code is amended by |
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| 1 | | changing Sections 1-10, 10-10, and 10-20 as follows:
|
| 2 | | (30 ILCS 500/1-10)
|
| 3 | | Sec. 1-10. Application.
|
| 4 | | (a) This Code applies only to procurements for which |
| 5 | | bidders, offerors, potential contractors, or contractors were |
| 6 | | first
solicited on or after July 1, 1998. This Code shall not |
| 7 | | be construed to affect
or impair any contract, or any |
| 8 | | provision of a contract, entered into based on a
solicitation |
| 9 | | prior to the implementation date of this Code as described in
|
| 10 | | Article 99, including, but not limited to, any covenant |
| 11 | | entered into with respect
to any revenue bonds or similar |
| 12 | | instruments.
All procurements for which contracts are |
| 13 | | solicited between the effective date
of Articles 50 and 99 and |
| 14 | | July 1, 1998 shall be substantially in accordance
with this |
| 15 | | Code and its intent.
|
| 16 | | (b) This Code shall apply regardless of the source of the |
| 17 | | funds with which
the contracts are paid, including federal |
| 18 | | assistance moneys. This
Code shall
not apply to:
|
| 19 | | (1) Contracts between the State and its political |
| 20 | | subdivisions or other
governments, or between State |
| 21 | | governmental bodies, except as specifically provided in |
| 22 | | this Code.
|
| 23 | | (2) Grants, except for the filing requirements of |
| 24 | | Section 20-80.
|
| 25 | | (3) Purchase of care, except as provided in Section |
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| 1 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
| 2 | | (4) Hiring of an individual as an employee and not as |
| 3 | | an independent
contractor, whether pursuant to an |
| 4 | | employment code or policy or by contract
directly with |
| 5 | | that individual.
|
| 6 | | (5) Collective bargaining contracts.
|
| 7 | | (6) Purchase of real estate, except that notice of |
| 8 | | this type of contract with a value of more than $25,000 |
| 9 | | must be published in the Procurement Bulletin within 10 |
| 10 | | calendar days after the deed is recorded in the county of |
| 11 | | jurisdiction. The notice shall identify the real estate |
| 12 | | purchased, the names of all parties to the contract, the |
| 13 | | value of the contract, and the effective date of the |
| 14 | | contract.
|
| 15 | | (7) Contracts necessary to prepare for anticipated |
| 16 | | litigation, enforcement
actions, or investigations, |
| 17 | | provided
that the chief legal counsel to the Governor |
| 18 | | shall give his or her prior
approval when the procuring |
| 19 | | agency is one subject to the jurisdiction of the
Governor, |
| 20 | | and provided that the chief legal counsel of any other |
| 21 | | procuring
entity
subject to this Code shall give his or |
| 22 | | her prior approval when the procuring
entity is not one |
| 23 | | subject to the jurisdiction of the Governor.
|
| 24 | | (8) (Blank).
|
| 25 | | (9) Procurement expenditures by the Illinois |
| 26 | | Conservation Foundation
when only private funds are used.
|
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| 1 | | (10) (Blank). |
| 2 | | (11) Public-private agreements entered into according |
| 3 | | to the procurement requirements of Section 20 of the |
| 4 | | Public-Private Partnerships for Transportation Act and |
| 5 | | design-build agreements entered into according to the |
| 6 | | procurement requirements of Section 25 of the |
| 7 | | Public-Private Partnerships for Transportation Act. |
| 8 | | (12) (A) Contracts for legal, financial, and other |
| 9 | | professional and artistic services entered into by the |
| 10 | | Illinois Finance Authority in which the State of Illinois |
| 11 | | is not obligated. Such contracts shall be awarded through |
| 12 | | a competitive process authorized by the members of the |
| 13 | | Illinois Finance Authority and are subject to Sections |
| 14 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
| 15 | | as well as the final approval by the members of the |
| 16 | | Illinois Finance Authority of the terms of the contract. |
| 17 | | (B) Contracts for legal and financial services entered |
| 18 | | into by the Illinois Housing Development Authority in |
| 19 | | connection with the issuance of bonds in which the State |
| 20 | | of Illinois is not obligated. Such contracts shall be |
| 21 | | awarded through a competitive process authorized by the |
| 22 | | members of the Illinois Housing Development Authority and |
| 23 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
| 24 | | and 50-37 of this Code, as well as the final approval by |
| 25 | | the members of the Illinois Housing Development Authority |
| 26 | | of the terms of the contract. |
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| 1 | | (13) Contracts for services, commodities, and |
| 2 | | equipment to support the delivery of timely forensic |
| 3 | | science services in consultation with and subject to the |
| 4 | | approval of the Chief Procurement Officer as provided in |
| 5 | | subsection (d) of Section 5-4-3a of the Unified Code of |
| 6 | | Corrections, except for the requirements of Sections |
| 7 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
| 8 | | Code; however, the Chief Procurement Officer may, in |
| 9 | | writing with justification, waive any certification |
| 10 | | required under Article 50 of this Code. For any contracts |
| 11 | | for services which are currently provided by members of a |
| 12 | | collective bargaining agreement, the applicable terms of |
| 13 | | the collective bargaining agreement concerning |
| 14 | | subcontracting shall be followed. |
| 15 | | On and after January 1, 2019, this paragraph (13), |
| 16 | | except for this sentence, is inoperative. |
| 17 | | (14) Contracts for participation expenditures required |
| 18 | | by a domestic or international trade show or exhibition of |
| 19 | | an exhibitor, member, or sponsor. |
| 20 | | (15) Contracts with a railroad or utility that |
| 21 | | requires the State to reimburse the railroad or utilities |
| 22 | | for the relocation of utilities for construction or other |
| 23 | | public purpose. Contracts included within this paragraph |
| 24 | | (15) shall include, but not be limited to, those |
| 25 | | associated with: relocations, crossings, installations, |
| 26 | | and maintenance. For the purposes of this paragraph (15), |
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| 1 | | "railroad" means any form of non-highway ground |
| 2 | | transportation that runs on rails or electromagnetic |
| 3 | | guideways and "utility" means: (1) public utilities as |
| 4 | | defined in Section 3-105 of the Public Utilities Act, (2) |
| 5 | | telecommunications carriers as defined in Section 13-202 |
| 6 | | of the Public Utilities Act, (3) electric cooperatives as |
| 7 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
| 8 | | telephone or telecommunications cooperatives as defined in |
| 9 | | Section 13-212 of the Public Utilities Act, (5) rural |
| 10 | | water or waste water systems with 10,000 connections or |
| 11 | | less, (6) a holder as defined in Section 21-201 of the |
| 12 | | Public Utilities Act, and (7) municipalities owning or |
| 13 | | operating utility systems consisting of public utilities |
| 14 | | as that term is defined in Section 11-117-2 of the |
| 15 | | Illinois Municipal Code. |
| 16 | | (16) Procurement expenditures necessary for the |
| 17 | | Department of Public Health to provide the delivery of |
| 18 | | timely newborn screening services in accordance with the |
| 19 | | Newborn Metabolic Screening Act. |
| 20 | | (17) Procurement expenditures necessary for the |
| 21 | | Department of Agriculture, the Department of Financial and |
| 22 | | Professional Regulation, the Department of Human Services, |
| 23 | | and the Department of Public Health to implement the |
| 24 | | Compassionate Use of Medical Cannabis Program and Opioid |
| 25 | | Alternative Pilot Program requirements and ensure access |
| 26 | | to medical cannabis for patients with debilitating medical |
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| 1 | | conditions in accordance with the Compassionate Use of |
| 2 | | Medical Cannabis Program Act. |
| 3 | | (18) This Code does not apply to any procurements |
| 4 | | necessary for the Department of Agriculture, the |
| 5 | | Department of Financial and Professional Regulation, the |
| 6 | | Department of Human Services, the Department of Commerce |
| 7 | | and Economic Opportunity, and the Department of Public |
| 8 | | Health to implement the Cannabis Regulation and Tax Act if |
| 9 | | the applicable agency has made a good faith determination |
| 10 | | that it is necessary and appropriate for the expenditure |
| 11 | | to fall within this exemption and if the process is |
| 12 | | conducted in a manner substantially in accordance with the |
| 13 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
| 14 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
| 15 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
| 16 | | Section 50-35, compliance applies only to contracts or |
| 17 | | subcontracts over $100,000. Notice of each contract |
| 18 | | entered into under this paragraph (18) that is related to |
| 19 | | the procurement of goods and services identified in |
| 20 | | paragraph (1) through (9) of this subsection shall be |
| 21 | | published in the Procurement Bulletin within 14 calendar |
| 22 | | days after contract execution. The Chief Procurement |
| 23 | | Officer shall prescribe the form and content of the |
| 24 | | notice. Each agency shall provide the Chief Procurement |
| 25 | | Officer, on a monthly basis, in the form and content |
| 26 | | prescribed by the Chief Procurement Officer, a report of |
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| 1 | | contracts that are related to the procurement of goods and |
| 2 | | services identified in this subsection. At a minimum, this |
| 3 | | report shall include the name of the contractor, a |
| 4 | | description of the supply or service provided, the total |
| 5 | | amount of the contract, the term of the contract, and the |
| 6 | | exception to this Code utilized. A copy of any or all of |
| 7 | | these contracts shall be made available to the Chief |
| 8 | | Procurement Officer immediately upon request. The Chief |
| 9 | | Procurement Officer shall submit a report to the Governor |
| 10 | | and General Assembly no later than November 1 of each year |
| 11 | | that includes, at a minimum, an annual summary of the |
| 12 | | monthly information reported to the Chief Procurement |
| 13 | | Officer. This exemption becomes inoperative 5 years after |
| 14 | | June 25, 2019 (the effective date of Public Act 101-27). |
| 15 | | (19) Acquisition of modifications or adjustments, |
| 16 | | limited to assistive technology devices and assistive |
| 17 | | technology services, adaptive equipment, repairs, and |
| 18 | | replacement parts to provide reasonable accommodations (i) |
| 19 | | that enable a qualified applicant with a disability to |
| 20 | | complete the job application process and be considered for |
| 21 | | the position such qualified applicant desires, (ii) that |
| 22 | | modify or adjust the work environment to enable a |
| 23 | | qualified current employee with a disability to perform |
| 24 | | the essential functions of the position held by that |
| 25 | | employee, (iii) to enable a qualified current employee |
| 26 | | with a disability to enjoy equal benefits and privileges |
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| 1 | | of employment as are enjoyed by other similarly situated |
| 2 | | employees without disabilities, and (iv) that allow a |
| 3 | | customer, client, claimant, or member of the public |
| 4 | | seeking State services full use and enjoyment of and |
| 5 | | access to its programs, services, or benefits. |
| 6 | | For purposes of this paragraph (19): |
| 7 | | "Assistive technology devices" means any item, piece |
| 8 | | of equipment, or product system, whether acquired |
| 9 | | commercially off the shelf, modified, or customized, that |
| 10 | | is used to increase, maintain, or improve functional |
| 11 | | capabilities of individuals with disabilities. |
| 12 | | "Assistive technology services" means any service that |
| 13 | | directly assists an individual with a disability in |
| 14 | | selection, acquisition, or use of an assistive technology |
| 15 | | device. |
| 16 | | "Qualified" has the same meaning and use as provided |
| 17 | | under the federal Americans with Disabilities Act when |
| 18 | | describing an individual with a disability. |
| 19 | | (20) Procurement expenditures necessary for the
|
| 20 | | Illinois Commerce Commission to hire third-party
|
| 21 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 |
| 22 | | of the Public Utilities Act or an ombudsman pursuant to |
| 23 | | Section 16-107.5 of the Public Utilities Act, a |
| 24 | | facilitator pursuant to Section 16-105.17 of the Public |
| 25 | | Utilities Act, or a grid auditor pursuant to Section |
| 26 | | 16-105.10 of the Public Utilities Act. |
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| 1 | | (21) Procurement expenditures for the purchase, |
| 2 | | renewal, and expansion of software, software licenses, or |
| 3 | | software maintenance agreements that support the efforts |
| 4 | | of the Illinois State Police to enforce, regulate, and |
| 5 | | administer the Firearm Owners Identification Card Act, the |
| 6 | | Firearm Concealed Carry Act, the Firearms Restraining |
| 7 | | Order Act, the Firearm Dealer License Certification Act, |
| 8 | | the Law Enforcement Agencies Data System (LEADS), the |
| 9 | | Uniform Crime Reporting Act, the Criminal Identification |
| 10 | | Act, the Uniform Conviction Information Act, and the Gun |
| 11 | | Trafficking Information Act, or establish or maintain |
| 12 | | record management systems necessary to conduct human |
| 13 | | trafficking investigations or gun trafficking or other |
| 14 | | stolen firearm investigations. This paragraph (21) applies |
| 15 | | to contracts entered into on or after the effective date |
| 16 | | of this amendatory Act of the 102nd General Assembly and |
| 17 | | the renewal of contracts that are in effect on the |
| 18 | | effective date of this amendatory Act of the 102nd General |
| 19 | | Assembly. |
| 20 | | (22) Contracts for project management services and
|
| 21 | | system integration services required for the completion of |
| 22 | | the State's enterprise resource planning project. This |
| 23 | | exemption becomes inoperative 5 years after the effective |
| 24 | | date of the changes made to this Section by this |
| 25 | | amendatory Act of the 103rd General Assembly. This |
| 26 | | paragraph (22) applies to contracts entered into on or |
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| 1 | | after the effective date of the changes made to this |
| 2 | | Section by this amendatory Act of the 103rd General |
| 3 | | Assembly and the renewal of contracts that are in effect |
| 4 | | on the effective date of the changes made to this Section |
| 5 | | by this amendatory Act of the 103rd General Assembly. |
| 6 | | Notwithstanding any other provision of law, for contracts |
| 7 | | with an annual value of more than $100,000 entered into on or |
| 8 | | after October 1, 2017 under an exemption provided in any |
| 9 | | paragraph of this subsection (b), except paragraph (1), (2), |
| 10 | | or (5), each State agency shall post to the appropriate |
| 11 | | procurement bulletin the name of the contractor, a description |
| 12 | | of the supply or service provided, the total amount of the |
| 13 | | contract, the term of the contract, and the exception to the |
| 14 | | Code utilized. The chief procurement officer shall submit a |
| 15 | | report to the Governor and General Assembly no later than |
| 16 | | November 1 of each year that shall include, at a minimum, an |
| 17 | | annual summary of the monthly information reported to the |
| 18 | | chief procurement officer. |
| 19 | | (c) This Code does not apply to the electric power |
| 20 | | procurement process provided for under Section 1-75 of the |
| 21 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
| 22 | | Utilities Act. |
| 23 | | (d) Except for Section 20-160 and Article 50 of this Code, |
| 24 | | and as expressly required by Section 9.1 of the Illinois |
| 25 | | Lottery Law, the provisions of this Code do not apply to the |
| 26 | | procurement process provided for under Section 9.1 of the |
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| 1 | | Illinois Lottery Law. |
| 2 | | (e) This Code does not apply to the process used by the |
| 3 | | Capital Development Board to retain a person or entity to |
| 4 | | assist the Capital Development Board with its duties related |
| 5 | | to the determination of costs of a clean coal SNG brownfield |
| 6 | | facility, as defined by Section 1-10 of the Illinois Power |
| 7 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
| 8 | | of the Public Utilities Act, including calculating the range |
| 9 | | of capital costs, the range of operating and maintenance |
| 10 | | costs, or the sequestration costs or monitoring the |
| 11 | | construction of clean coal SNG brownfield facility for the |
| 12 | | full duration of construction. |
| 13 | | (f) (Blank). |
| 14 | | (g) (Blank). |
| 15 | | (h) This Code does not apply to the process to procure or |
| 16 | | contracts entered into in accordance with Sections 11-5.2 and |
| 17 | | 11-5.3 of the Illinois Public Aid Code. |
| 18 | | (i) Each chief procurement officer may access records |
| 19 | | necessary to review whether a contract, purchase, or other |
| 20 | | expenditure is or is not subject to the provisions of this |
| 21 | | Code, unless such records would be subject to attorney-client |
| 22 | | privilege. |
| 23 | | (j) This Code does not apply to the process used by the |
| 24 | | Capital Development Board to retain an artist or work or works |
| 25 | | of art as required in Section 14 of the Capital Development |
| 26 | | Board Act. |
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| 1 | | (k) This Code does not apply to the process to procure |
| 2 | | contracts, or contracts entered into, by the State Board of |
| 3 | | Elections or the State Electoral Board for hearing officers |
| 4 | | appointed pursuant to the Election Code. |
| 5 | | (l) This Code does not apply to the processes used by the |
| 6 | | Illinois Student Assistance Commission to procure supplies and |
| 7 | | services paid for from the private funds of the Illinois |
| 8 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
| 9 | | funds" means funds derived from deposits paid into the |
| 10 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
| 11 | | (m) This Code shall apply regardless of the source of |
| 12 | | funds with which contracts are paid, including federal |
| 13 | | assistance moneys. Except as specifically provided in this |
| 14 | | Code, this Code shall not apply to procurement expenditures |
| 15 | | necessary for the Department of Public Health to conduct the |
| 16 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
| 17 | | the Department of Public Health Powers and Duties Law of the |
| 18 | | Civil Administrative Code of Illinois. |
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
| 20 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
| 21 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
| 22 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
| 23 | | 102-1116, eff. 1-10-23.)
|
| 24 | | (30 ILCS 500/10-10)
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| 25 | | Sec. 10-10. Independent State purchasing officers. |
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| 1 | | (a) The chief procurement officer shall
appoint and |
| 2 | | determine the salary of a State purchasing officer for each |
| 3 | | agency that the chief procurement officer is responsible for |
| 4 | | under Section 1-15.15. A State purchasing officer shall be |
| 5 | | located in the State agency that the officer serves but shall |
| 6 | | report to his or her respective chief procurement officer. The |
| 7 | | State purchasing officer shall have direct communication with |
| 8 | | agency staff assigned to assist with any procurement process. |
| 9 | | At the direction of his or her respective chief procurement |
| 10 | | officer, a State purchasing officer shall have the authority |
| 11 | | to (i) review any contract or contract amendment prior to |
| 12 | | execution to ensure that applicable procurement and |
| 13 | | contracting standards were followed and (ii) approve or reject |
| 14 | | contracts for a purchasing agency. If the State purchasing |
| 15 | | officer provides written approval of the contract, the head of |
| 16 | | the applicable State agency shall have the authority to sign |
| 17 | | and enter into that contract. All actions of a State |
| 18 | | purchasing officer are subject to review by a chief |
| 19 | | procurement officer in accordance with procedures and policies |
| 20 | | established by the chief procurement officer. |
| 21 | | (a-5) A State purchasing officer may (i) attend any |
| 22 | | procurement meetings; (ii) access any records or files related |
| 23 | | to procurement; (iii) submit reports to the chief procurement |
| 24 | | officer on procurement issues; (iv) ensure the State agency is |
| 25 | | maintaining appropriate records; and (v) ensure transparency |
| 26 | | of the procurement process. |
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| 1 | | (a-10) If a State purchasing officer is aware of |
| 2 | | misconduct, waste, or inefficiency with respect to State |
| 3 | | procurement, the State purchasing officer shall advise the |
| 4 | | State agency of the issue in writing. If the State agency does |
| 5 | | not correct the issue, the State purchasing officer shall |
| 6 | | report the problem, in writing, to the chief procurement |
| 7 | | officer and appropriate Inspector General. |
| 8 | | (b) In addition to any other requirement or qualification |
| 9 | | required by State law, within 30 months after appointment, a |
| 10 | | State purchasing officer must be a Certified Professional |
| 11 | | Public Buyer or a Certified Public Purchasing Officer, |
| 12 | | pursuant to certification by the Universal Public Purchasing |
| 13 | | Certification Council or the Institute for Supply Management. |
| 14 | | A State purchasing officer shall serve a term of 5 years |
| 15 | | beginning on the date of the officer's appointment. A State |
| 16 | | purchasing officer shall have an office located in the State |
| 17 | | agency that the officer serves but shall report to the chief |
| 18 | | procurement officer. A State purchasing officer may be removed |
| 19 | | by a chief procurement officer for cause after a hearing by the |
| 20 | | Executive Ethics Commission. The chief procurement officer or |
| 21 | | executive officer of the State agency housing the State |
| 22 | | purchasing officer may institute a complaint against the State |
| 23 | | purchasing officer by filing such a complaint with the |
| 24 | | Commission and the Commission shall have a public hearing |
| 25 | | based on the complaint. The State purchasing officer, chief |
| 26 | | procurement officer, and executive officer of the State agency |
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| 1 | | shall receive notice of the hearing and shall be permitted to |
| 2 | | present their respective arguments on the complaint. After the |
| 3 | | hearing, the Commission shall make a non-binding |
| 4 | | recommendation on whether the State purchasing officer shall |
| 5 | | be removed. The salary of a State purchasing officer shall be |
| 6 | | established by the chief procurement officer and may not be |
| 7 | | diminished during the officer's term. In the absence of an |
| 8 | | appointed State purchasing
officer, the applicable
chief |
| 9 | | procurement officer shall exercise the procurement authority |
| 10 | | created by
this Code and may appoint a temporary acting State |
| 11 | | purchasing officer.
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| 12 | | (c) Each State purchasing officer owes a fiduciary duty to |
| 13 | | the State. |
| 14 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
| 15 | | (30 ILCS 500/10-20) |
| 16 | | Sec. 10-20. Independent chief procurement officers. |
| 17 | | (a) Appointment. Within 60 calendar days after the |
| 18 | | effective date of this amendatory Act of the 96th General |
| 19 | | Assembly, the Executive Ethics Commission, with the advice and |
| 20 | | consent of the Senate shall appoint or approve 4 chief |
| 21 | | procurement officers, one for each of the following |
| 22 | | categories: |
| 23 | | (1) for procurements for construction and |
| 24 | | construction-related services committed by law to the |
| 25 | | jurisdiction or responsibility of the Capital Development |
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| 1 | | Board; |
| 2 | | (2) for procurements for all construction, |
| 3 | | construction-related services, operation of any facility, |
| 4 | | and the provision of any service or activity committed by |
| 5 | | law to the jurisdiction or responsibility of the Illinois |
| 6 | | Department of Transportation, including the direct or |
| 7 | | reimbursable expenditure of all federal funds for which |
| 8 | | the Department of Transportation is responsible or |
| 9 | | accountable for the use thereof in accordance with federal |
| 10 | | law, regulation, or procedure, the chief procurement |
| 11 | | officer recommended for approval under this item appointed |
| 12 | | by the Secretary of Transportation after consent by the |
| 13 | | Executive Ethics Commission; |
| 14 | | (3) for all procurements made by a public institution |
| 15 | | of higher education; and |
| 16 | | (4) for all other procurement needs of State agencies. |
| 17 | | For fiscal year 2024, the Executive Ethics Commission |
| 18 | | shall set aside from its appropriation those amounts necessary |
| 19 | | for the use of the 4 chief procurement officers for the |
| 20 | | ordinary and contingent expenses of their respective |
| 21 | | procurement offices. From the amounts set aside by the |
| 22 | | Commission, each chief procurement officer shall control the |
| 23 | | internal operations of his or her procurement office and shall |
| 24 | | procure the necessary equipment, materials, and services to |
| 25 | | perform the duties of that office, including hiring necessary |
| 26 | | procurement personnel, legal advisors and other employees, and |
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| 1 | | may establish, in the exercise of the chief procurement |
| 2 | | officer's discretion, the compensation of the office's |
| 3 | | employees, which includes the State purchasing officers and |
| 4 | | any legal advisors. The Executive Ethics Commission shall have |
| 5 | | no control over the employees of the chief procurement |
| 6 | | officers. The Executive Ethics Commission shall provide |
| 7 | | administrative support services, including payroll, for each |
| 8 | | procurement office. A chief procurement officer shall be |
| 9 | | responsible to the Executive Ethics Commission but must be |
| 10 | | located within the agency that the officer provides with |
| 11 | | procurement services. The chief procurement officer for higher |
| 12 | | education shall have an office located within the Board of |
| 13 | | Higher Education, unless otherwise designated by the Executive |
| 14 | | Ethics Commission. The chief procurement officer for all other |
| 15 | | procurement needs of the State shall have an office located |
| 16 | | within the Department of Central Management Services, unless |
| 17 | | otherwise designated by the Executive Ethics Commission. |
| 18 | | (b) Terms and independence. Each chief procurement officer |
| 19 | | appointed under this Section shall serve for a term of 5 years |
| 20 | | beginning on the date of the officer's appointment. The chief |
| 21 | | procurement officer may be removed for cause after a hearing |
| 22 | | by the Executive Ethics Commission. The Governor or the |
| 23 | | director of a State agency directly responsible to the |
| 24 | | Governor may institute a complaint against the officer by |
| 25 | | filing such complaint with the Commission. The Commission |
| 26 | | shall have a hearing based on the complaint. The officer and |
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| 1 | | the complainant shall receive reasonable notice of the hearing |
| 2 | | and shall be permitted to present their respective arguments |
| 3 | | on the complaint. After the hearing, the Commission shall make |
| 4 | | a finding on the complaint and may take disciplinary action, |
| 5 | | including but not limited to removal of the officer. |
| 6 | | The salary of a chief procurement officer shall be |
| 7 | | established by the Executive Ethics Commission and may not be |
| 8 | | diminished during the officer's term. The salary may not |
| 9 | | exceed the salary of the director of a State agency for which |
| 10 | | the officer serves as chief procurement officer. |
| 11 | | (c) Qualifications. In addition to any other requirement |
| 12 | | or qualification required by State law, each chief procurement |
| 13 | | officer must within 12 months of employment be a Certified |
| 14 | | Professional Public Buyer or a Certified Public Purchasing |
| 15 | | Officer, pursuant to certification by the Universal Public |
| 16 | | Purchasing Certification Council, and must reside in Illinois. |
| 17 | | (d) Fiduciary duty. Each chief procurement officer owes a |
| 18 | | fiduciary duty to the State. |
| 19 | | (e) Vacancy. In case of a vacancy in one or more of the |
| 20 | | offices of a chief procurement officer under this Section |
| 21 | | during the recess of the Senate, the Executive Ethics |
| 22 | | Commission shall make a temporary appointment until the next |
| 23 | | meeting of the Senate, when the Executive Ethics Commission |
| 24 | | shall nominate some person to fill the office, and any person |
| 25 | | so nominated who is confirmed by the Senate shall hold office |
| 26 | | during the remainder of the term and until his or her successor |
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| 1 | | is appointed and qualified. If the Senate is not in session at |
| 2 | | the time this amendatory Act of the 96th General Assembly |
| 3 | | takes effect, the Executive Ethics Commission shall make a |
| 4 | | temporary appointment as in the case of a vacancy. |
| 5 | | (f) (Blank). |
| 6 | | (g) (Blank). |
| 7 | | (Source: P.A. 98-1076, eff. 1-1-15.)
|
| 8 | | Section 5-65. The Illinois Works Jobs Program Act is |
| 9 | | amended by changing Section 20-15 as follows:
|
| 10 | | (30 ILCS 559/20-15)
|
| 11 | | Sec. 20-15. Illinois Works Preapprenticeship Program; |
| 12 | | Illinois Works Bid Credit Program. |
| 13 | | (a) The Illinois Works Preapprenticeship Program is |
| 14 | | established and shall be administered by the Department. The |
| 15 | | goal of the Illinois Works Preapprenticeship Program is to |
| 16 | | create a network of community-based organizations throughout |
| 17 | | the State that will recruit, prescreen, and provide |
| 18 | | preapprenticeship skills training, for which participants may |
| 19 | | attend free of charge and receive a stipend, to create a |
| 20 | | qualified, diverse pipeline of workers who are prepared for |
| 21 | | careers in the construction and building trades. Upon |
| 22 | | completion of the Illinois Works Preapprenticeship Program, |
| 23 | | the candidates will be skilled and work-ready. |
| 24 | | (b) There is created the Illinois Works Fund, a special |
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| 1 | | fund in the State treasury. The Illinois Works Fund shall be |
| 2 | | administered by the Department. The Illinois Works Fund shall |
| 3 | | be used to provide funding for community-based organizations |
| 4 | | throughout the State. In addition to any other transfers that |
| 5 | | may be provided for by law, on and after July 1, 2019 at the |
| 6 | | direction of the Director of the Governor's Office of |
| 7 | | Management and Budget, the State Comptroller shall direct and |
| 8 | | the State Treasurer shall transfer amounts not exceeding a |
| 9 | | total of $50,000,000 $25,000,000 from the Rebuild Illinois |
| 10 | | Projects Fund to the Illinois Works Fund. |
| 11 | | (c) Each community-based organization that receives |
| 12 | | funding from the Illinois Works Fund shall provide an annual |
| 13 | | report to the Illinois Works Review Panel by April 1 of each |
| 14 | | calendar year. The annual report shall include the following |
| 15 | | information: |
| 16 | | (1) a description of the community-based |
| 17 | | organization's recruitment, screening, and training |
| 18 | | efforts; |
| 19 | | (2) the number of individuals who apply to, |
| 20 | | participate in, and complete the community-based |
| 21 | | organization's program, broken down by race, gender, age, |
| 22 | | and veteran status; and |
| 23 | | (3) the number of the individuals referenced in item (2) |
| 24 | | of this subsection who are initially accepted and placed |
| 25 | | into apprenticeship programs in the construction and |
| 26 | | building trades. |
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| 1 | | (d) The Department shall create and administer the |
| 2 | | Illinois Works Bid Credit Program that shall provide economic |
| 3 | | incentives, through bid credits, to encourage contractors and |
| 4 | | subcontractors to provide contracting and employment |
| 5 | | opportunities to historically underrepresented populations in |
| 6 | | the construction industry. |
| 7 | | The Illinois Works Bid Credit Program shall allow |
| 8 | | contractors and subcontractors to earn bid credits for use |
| 9 | | toward future bids for public works projects contracted by the |
| 10 | | State or an agency of the State in order to increase the |
| 11 | | chances that the contractor and the subcontractors will be |
| 12 | | selected. |
| 13 | | Contractors or subcontractors may be eligible for bid |
| 14 | | credits for employing apprentices who have completed the |
| 15 | | Illinois Works Preapprenticeship Program on public works |
| 16 | | projects contracted by the State or any agency of the State. |
| 17 | | Contractors or subcontractors shall earn bid credits at a rate |
| 18 | | established by the Department and based on labor hours worked |
| 19 | | on State-contracted public works projects by apprentices who |
| 20 | | have completed the Illinois Works Preapprenticeship Program. |
| 21 | | The Department shall establish the rate by rule and shall |
| 22 | | publish it on the Department's website. The rule may include |
| 23 | | maximum bid credits allowed per contractor, per subcontractor, |
| 24 | | per apprentice, per bid, or per year. |
| 25 | | The Illinois Works Credit Bank is hereby created and shall |
| 26 | | be administered by the Department. The Illinois Works Credit |
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| 1 | | Bank shall track the bid credits. |
| 2 | | A contractor or subcontractor who has been awarded bid |
| 3 | | credits under any other State program for employing |
| 4 | | apprentices who have completed the Illinois Works |
| 5 | | Preapprenticeship Program is not eligible to receive bid |
| 6 | | credits under the Illinois Works Bid Credit Program relating |
| 7 | | to the same contract. |
| 8 | | The Department shall report to the Illinois Works Review |
| 9 | | Panel the following: (i) the number of bid credits awarded by |
| 10 | | the Department; (ii) the number of bid credits submitted by |
| 11 | | the contractor or subcontractor to the agency administering |
| 12 | | the public works contract; and (iii) the number of bid credits |
| 13 | | accepted by the agency for such contract. Any agency that |
| 14 | | awards bid credits pursuant to the Illinois Works Credit Bank |
| 15 | | Program shall report to the Department the number of bid |
| 16 | | credits it accepted for the public works contract. |
| 17 | | Upon a finding that a contractor or subcontractor has |
| 18 | | reported falsified records to the Department in order to |
| 19 | | fraudulently obtain bid credits, the Department may bar the |
| 20 | | contractor or subcontractor from participating in the Illinois |
| 21 | | Works Bid Credit Program and may suspend the contractor or |
| 22 | | subcontractor from bidding on or participating in any public |
| 23 | | works project. False or fraudulent claims for payment relating |
| 24 | | to false bid credits may be subject to damages and penalties |
| 25 | | under applicable law. |
| 26 | | (e) The Department shall adopt any rules deemed necessary |
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| 1 | | to implement this Section. In order to provide for the |
| 2 | | expeditious and timely implementation of this Act, the |
| 3 | | Department may adopt emergency rules. The adoption of |
| 4 | | emergency rules authorized by this subsection is deemed to be |
| 5 | | necessary for the public interest, safety, and welfare.
|
| 6 | | (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
|
| 7 | | Section 5-70. The Private Colleges and Universities |
| 8 | | Capital Distribution Formula Act is amended by changing |
| 9 | | Section 25-15 as follows:
|
| 10 | | (30 ILCS 769/25-15) |
| 11 | | Sec. 25-15. Transfer of funds to another independent |
| 12 | | college. |
| 13 | | (a) If an institution received a grant under this Article |
| 14 | | and subsequently fails to meet the definition of "independent |
| 15 | | college", the remaining funds shall be re-distributed as |
| 16 | | provided in Section 25-10 to those institutions that have an |
| 17 | | active grant under this Article, unless the campus or |
| 18 | | facilities for which the grant was given are subsequently |
| 19 | | operated by another institution that qualifies as an |
| 20 | | independent college under this Article. |
| 21 | | (b) If the facilities of a former independent college are |
| 22 | | operated by another entity that qualifies as an independent |
| 23 | | college as provided in subsection (a) of this Section, then |
| 24 | | the entire balance of the grant provided under this Article |
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| 1 | | remaining on the date the former independent college ceased |
| 2 | | operations, including any amount that had been withheld after |
| 3 | | the former independent college ceased operations, shall be |
| 4 | | transferred to the successor independent college for the |
| 5 | | purpose of the grant operating those facilities for the |
| 6 | | duration of the grant. |
| 7 | | (c) In the event that, on or before July 16, 2014 (the |
| 8 | | effective date of Public Act 98-715) this amendatory Act of |
| 9 | | the 98th General Assembly, the remaining funds have been |
| 10 | | re-allocated or re-distributed to other independent colleges, |
| 11 | | or the Illinois Board of Higher Education has planned for the |
| 12 | | remaining funds to be re-allocated or re-distributed to other |
| 13 | | independent colleges, before the 5-year period provided under |
| 14 | | this Act for the utilization of funds has ended, any funds so |
| 15 | | re-allocated or re-distributed shall be deducted from future |
| 16 | | allocations to those other independent colleges and |
| 17 | | re-allocated or re-distributed to the initial institution or |
| 18 | | the successor entity operating the facilities of the original |
| 19 | | institution if: (i) the institution that failed to meet the |
| 20 | | definition of "independent college" once again meets the |
| 21 | | definition of "independent college" before the 5-year period |
| 22 | | has expired; or (ii) the facility or facilities of the former |
| 23 | | independent college are operated by another entity that |
| 24 | | qualifies as an independent college before the 5-year period |
| 25 | | has expired.
|
| 26 | | (d) Notwithstanding subsection (a) of this Section, on or |
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| 1 | | after the effective date of the changes made to this Section by |
| 2 | | this amendatory Act of the 103rd General Assembly, remaining |
| 3 | | funds returned to the State by an institution that failed to |
| 4 | | meet the definition of "independent college" and that received |
| 5 | | a grant from appropriations enacted prior to June 28, 2019, |
| 6 | | shall not be re-distributed. Any such funds shall instead be |
| 7 | | added to the funds made available in the first grant cycle |
| 8 | | under subsection (d) of Section 25-10 by the Board of Higher |
| 9 | | Education following the effective date of the changes made to |
| 10 | | this Section by this amendatory Act of the 103rd General |
| 11 | | Assembly and shall be distributed pursuant to the formula as |
| 12 | | provided in subsection (d) of Section 25-10. |
| 13 | | (Source: P.A. 101-10, eff. 6-5-19.)
|
| 14 | | Section 5-75. The Illinois Income Tax Act is amended by |
| 15 | | changing Section 901 as follows:
|
| 16 | | (35 ILCS 5/901)
|
| 17 | | Sec. 901. Collection authority. |
| 18 | | (a) In general. The Department shall collect the taxes |
| 19 | | imposed by this Act. The Department
shall collect certified |
| 20 | | past due child support amounts under Section 2505-650
of the |
| 21 | | Department of Revenue Law of the
Civil Administrative Code of |
| 22 | | Illinois. Except as
provided in subsections (b), (c), (e), |
| 23 | | (f), (g), and (h) of this Section, money collected
pursuant to |
| 24 | | subsections (a) and (b) of Section 201 of this Act shall be
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| 1 | | paid into the General Revenue Fund in the State treasury; |
| 2 | | money
collected pursuant to subsections (c) and (d) of Section |
| 3 | | 201 of this Act
shall be paid into the Personal Property Tax |
| 4 | | Replacement Fund, a special
fund in the State Treasury; and |
| 5 | | money collected under Section 2505-650 of the
Department of |
| 6 | | Revenue Law of the
Civil Administrative Code of Illinois shall |
| 7 | | be paid
into the
Child Support Enforcement Trust Fund, a |
| 8 | | special fund outside the State
Treasury, or
to the State
|
| 9 | | Disbursement Unit established under Section 10-26 of the |
| 10 | | Illinois Public Aid
Code, as directed by the Department of |
| 11 | | Healthcare and Family Services. |
| 12 | | (b) Local Government Distributive Fund. Beginning August |
| 13 | | 1, 2017 and continuing through July 31, 2022, the Treasurer |
| 14 | | shall transfer each month from the General Revenue Fund to the |
| 15 | | Local Government Distributive Fund an amount equal to the sum |
| 16 | | of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
| 17 | | rate prior to 2011 to the 4.95% individual income tax rate |
| 18 | | after July 1, 2017) of the net revenue realized from the tax |
| 19 | | imposed by subsections (a) and (b) of Section 201 of this Act |
| 20 | | upon individuals, trusts, and estates during the preceding |
| 21 | | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
| 22 | | income tax rate prior to 2011 to the 7% corporate income tax |
| 23 | | rate after July 1, 2017) of the net revenue realized from the |
| 24 | | tax imposed by subsections (a) and (b) of Section 201 of this |
| 25 | | Act upon corporations during the preceding month; and (iii) |
| 26 | | beginning February 1, 2022, 6.06% of the net revenue realized |
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| 1 | | from the tax imposed by subsection (p) of Section 201 of this |
| 2 | | Act upon electing pass-through entities. Beginning August 1, |
| 3 | | 2022 and continuing through July 31, 2023, the Treasurer shall |
| 4 | | transfer each month from the General Revenue Fund to the Local |
| 5 | | Government Distributive Fund an amount equal to the sum of: |
| 6 | | (i) 6.16% of the net revenue realized from the tax imposed by |
| 7 | | subsections (a) and (b) of Section 201 of this Act upon |
| 8 | | individuals, trusts, and estates during the preceding month; |
| 9 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
| 10 | | subsections (a) and (b) of Section 201 of this Act upon |
| 11 | | corporations during the preceding month; and (iii) 6.16% of |
| 12 | | the net revenue realized from the tax imposed by subsection |
| 13 | | (p) of Section 201 of this Act upon electing pass-through |
| 14 | | entities. Beginning August 1, 2023, the Treasurer shall |
| 15 | | transfer each month from the General Revenue Fund to the Local |
| 16 | | Government Distributive Fund an amount equal to the sum of: |
| 17 | | (i) 6.47% of the net revenue realized from the tax imposed by |
| 18 | | subsections (a) and (b) of Section 201 of this Act upon |
| 19 | | individuals, trusts, and estates during the preceding month; |
| 20 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
| 21 | | subsections (a) and (b) of Section 201 of this Act upon |
| 22 | | corporations during the preceding month; and (iii) 6.47% of |
| 23 | | the net revenue realized from the tax imposed by subsection |
| 24 | | (p) of Section 201 of this Act upon electing pass-through |
| 25 | | entities. Net revenue realized for a month shall be defined as |
| 26 | | the
revenue from the tax imposed by subsections (a) and (b) of |
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| 1 | | Section 201 of this
Act which is deposited into in the General |
| 2 | | Revenue Fund, the Education Assistance
Fund, the Income Tax |
| 3 | | Surcharge Local Government Distributive Fund, the Fund for the |
| 4 | | Advancement of Education, and the Commitment to Human Services |
| 5 | | Fund during the
month minus the amount paid out of the General |
| 6 | | Revenue Fund in State warrants
during that same month as |
| 7 | | refunds to taxpayers for overpayment of liability
under the |
| 8 | | tax imposed by subsections (a) and (b) of Section 201 of this |
| 9 | | Act. |
| 10 | | Notwithstanding any provision of law to the contrary, |
| 11 | | beginning on July 6, 2017 (the effective date of Public Act |
| 12 | | 100-23), those amounts required under this subsection (b) to |
| 13 | | be transferred by the Treasurer into the Local Government |
| 14 | | Distributive Fund from the General Revenue Fund shall be |
| 15 | | directly deposited into the Local Government Distributive Fund |
| 16 | | as the revenue is realized from the tax imposed by subsections |
| 17 | | (a) and (b) of Section 201 of this Act. |
| 18 | | (c) Deposits Into Income Tax Refund Fund. |
| 19 | | (1) Beginning on January 1, 1989 and thereafter, the |
| 20 | | Department shall
deposit a percentage of the amounts |
| 21 | | collected pursuant to subsections (a)
and (b)(1), (2), and |
| 22 | | (3) of Section 201 of this Act into a fund in the State
|
| 23 | | treasury known as the Income Tax Refund Fund. Beginning |
| 24 | | with State fiscal year 1990 and for each fiscal year
|
| 25 | | thereafter, the percentage deposited into the Income Tax |
| 26 | | Refund Fund during a
fiscal year shall be the Annual |
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| 1 | | Percentage. For fiscal year 2011, the Annual Percentage |
| 2 | | shall be 8.75%. For fiscal year 2012, the Annual |
| 3 | | Percentage shall be 8.75%. For fiscal year 2013, the |
| 4 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
| 5 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
| 6 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
| 7 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
| 8 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
| 9 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
| 10 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
| 11 | | the Annual Percentage shall be 9.25%. For fiscal year |
| 12 | | 2023, the Annual Percentage shall be 9.25%. For fiscal |
| 13 | | year 2024, the Annual Percentage shall be 9.15%. For all |
| 14 | | other
fiscal years, the
Annual Percentage shall be |
| 15 | | calculated as a fraction, the numerator of which
shall be |
| 16 | | the amount of refunds approved for payment by the |
| 17 | | Department during
the preceding fiscal year as a result of |
| 18 | | overpayment of tax liability under
subsections (a) and |
| 19 | | (b)(1), (2), and (3) of Section 201 of this Act plus the
|
| 20 | | amount of such refunds remaining approved but unpaid at |
| 21 | | the end of the
preceding fiscal year, minus the amounts |
| 22 | | transferred into the Income Tax
Refund Fund from the |
| 23 | | Tobacco Settlement Recovery Fund, and
the denominator of |
| 24 | | which shall be the amounts which will be collected |
| 25 | | pursuant
to subsections (a) and (b)(1), (2), and (3) of |
| 26 | | Section 201 of this Act during
the preceding fiscal year; |
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| 1 | | except that in State fiscal year 2002, the Annual
|
| 2 | | Percentage shall in no event exceed 7.6%. The Director of |
| 3 | | Revenue shall
certify the Annual Percentage to the |
| 4 | | Comptroller on the last business day of
the fiscal year |
| 5 | | immediately preceding the fiscal year for which it is to |
| 6 | | be
effective. |
| 7 | | (2) Beginning on January 1, 1989 and thereafter, the |
| 8 | | Department shall
deposit a percentage of the amounts |
| 9 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
| 10 | | (8), (c) and (d) of Section 201
of this Act into a fund in |
| 11 | | the State treasury known as the Income Tax
Refund Fund. |
| 12 | | Beginning
with State fiscal year 1990 and for each fiscal |
| 13 | | year thereafter, the
percentage deposited into the Income |
| 14 | | Tax Refund Fund during a fiscal year
shall be the Annual |
| 15 | | Percentage. For fiscal year 2011, the Annual Percentage |
| 16 | | shall be 17.5%. For fiscal year 2012, the Annual |
| 17 | | Percentage shall be 17.5%. For fiscal year 2013, the |
| 18 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
| 19 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
| 20 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
| 21 | | the Annual Percentage shall be 17.5%. For fiscal year |
| 22 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
| 23 | | year 2020, the Annual Percentage shall be 14.25%. For |
| 24 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
| 25 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
| 26 | | fiscal year 2023, the Annual Percentage shall be 14.5%. |
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| 1 | | For fiscal year 2024, the Annual Percentage shall be 14%. |
| 2 | | For all other fiscal years, the Annual
Percentage shall be |
| 3 | | calculated
as a fraction, the numerator of which shall be |
| 4 | | the amount of refunds
approved for payment by the |
| 5 | | Department during the preceding fiscal year as
a result of |
| 6 | | overpayment of tax liability under subsections (a) and |
| 7 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
| 8 | | Act plus the
amount of such refunds remaining approved but |
| 9 | | unpaid at the end of the
preceding fiscal year, and the |
| 10 | | denominator of
which shall be the amounts which will be |
| 11 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
| 12 | | (8), (c) and (d) of Section 201 of this Act during the
|
| 13 | | preceding fiscal year; except that in State fiscal year |
| 14 | | 2002, the Annual
Percentage shall in no event exceed 23%. |
| 15 | | The Director of Revenue shall
certify the Annual |
| 16 | | Percentage to the Comptroller on the last business day of
|
| 17 | | the fiscal year immediately preceding the fiscal year for |
| 18 | | which it is to be
effective. |
| 19 | | (3) The Comptroller shall order transferred and the |
| 20 | | Treasurer shall
transfer from the Tobacco Settlement |
| 21 | | Recovery Fund to the Income Tax Refund
Fund (i) |
| 22 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
| 23 | | 2002, and
(iii) $35,000,000 in January, 2003. |
| 24 | | (d) Expenditures from Income Tax Refund Fund. |
| 25 | | (1) Beginning January 1, 1989, money in the Income Tax |
| 26 | | Refund Fund
shall be expended exclusively for the purpose |
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| 1 | | of paying refunds resulting
from overpayment of tax |
| 2 | | liability under Section 201 of this Act
and for
making |
| 3 | | transfers pursuant to this subsection (d), except that in |
| 4 | | State fiscal years 2022 and 2023, moneys in the Income Tax |
| 5 | | Refund Fund shall also be used to pay one-time rebate |
| 6 | | payments as provided under Sections 208.5 and 212.1. |
| 7 | | (2) The Director shall order payment of refunds |
| 8 | | resulting from
overpayment of tax liability under Section |
| 9 | | 201 of this Act from the
Income Tax Refund Fund only to the |
| 10 | | extent that amounts collected pursuant
to Section 201 of |
| 11 | | this Act and transfers pursuant to this subsection (d)
and |
| 12 | | item (3) of subsection (c) have been deposited and |
| 13 | | retained in the
Fund. |
| 14 | | (3) As soon as possible after the end of each fiscal |
| 15 | | year, the Director
shall
order transferred and the State |
| 16 | | Treasurer and State Comptroller shall
transfer from the |
| 17 | | Income Tax Refund Fund to the Personal Property Tax
|
| 18 | | Replacement Fund an amount, certified by the Director to |
| 19 | | the Comptroller,
equal to the excess of the amount |
| 20 | | collected pursuant to subsections (c) and
(d) of Section |
| 21 | | 201 of this Act deposited into the Income Tax Refund Fund
|
| 22 | | during the fiscal year over the amount of refunds |
| 23 | | resulting from
overpayment of tax liability under |
| 24 | | subsections (c) and (d) of Section 201
of this Act paid |
| 25 | | from the Income Tax Refund Fund during the fiscal year. |
| 26 | | (4) As soon as possible after the end of each fiscal |
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| 1 | | year, the Director shall
order transferred and the State |
| 2 | | Treasurer and State Comptroller shall
transfer from the |
| 3 | | Personal Property Tax Replacement Fund to the Income Tax
|
| 4 | | Refund Fund an amount, certified by the Director to the |
| 5 | | Comptroller, equal
to the excess of the amount of refunds |
| 6 | | resulting from overpayment of tax
liability under |
| 7 | | subsections (c) and (d) of Section 201 of this Act paid
|
| 8 | | from the Income Tax Refund Fund during the fiscal year |
| 9 | | over the amount
collected pursuant to subsections (c) and |
| 10 | | (d) of Section 201 of this Act
deposited into the Income |
| 11 | | Tax Refund Fund during the fiscal year. |
| 12 | | (4.5) As soon as possible after the end of fiscal year |
| 13 | | 1999 and of each
fiscal year
thereafter, the Director |
| 14 | | shall order transferred and the State Treasurer and
State |
| 15 | | Comptroller shall transfer from the Income Tax Refund Fund |
| 16 | | to the General
Revenue Fund any surplus remaining in the |
| 17 | | Income Tax Refund Fund as of the end
of such fiscal year; |
| 18 | | excluding for fiscal years 2000, 2001, and 2002
amounts |
| 19 | | attributable to transfers under item (3) of subsection (c) |
| 20 | | less refunds
resulting from the earned income tax credit, |
| 21 | | and excluding for fiscal year 2022 amounts attributable to |
| 22 | | transfers from the General Revenue Fund authorized by |
| 23 | | Public Act 102-700 this amendatory Act of the 102nd |
| 24 | | General Assembly. |
| 25 | | (5) This Act shall constitute an irrevocable and |
| 26 | | continuing
appropriation from the Income Tax Refund Fund |
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| 1 | | for the purposes of (i) paying
refunds upon the order of |
| 2 | | the Director in accordance with the provisions of
this |
| 3 | | Section and (ii) paying one-time rebate payments under |
| 4 | | Sections 208.5 and 212.1. |
| 5 | | (e) Deposits into the Education Assistance Fund and the |
| 6 | | Income Tax
Surcharge Local Government Distributive Fund. On |
| 7 | | July 1, 1991, and thereafter, of the amounts collected |
| 8 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
| 9 | | minus deposits into the
Income Tax Refund Fund, the Department |
| 10 | | shall deposit 7.3% into the
Education Assistance Fund in the |
| 11 | | State Treasury. Beginning July 1, 1991,
and continuing through |
| 12 | | January 31, 1993, of the amounts collected pursuant to
|
| 13 | | subsections (a) and (b) of Section 201 of the Illinois Income |
| 14 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
| 15 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
| 16 | | Local Government Distributive Fund in the State
Treasury. |
| 17 | | Beginning February 1, 1993 and continuing through June 30, |
| 18 | | 1993, of
the amounts collected pursuant to subsections (a) and |
| 19 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
| 20 | | deposits into the Income Tax Refund Fund, the
Department shall |
| 21 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
| 22 | | Distributive Fund in the State Treasury. Beginning July 1, |
| 23 | | 1993, and
continuing through June 30, 1994, of the amounts |
| 24 | | collected under subsections
(a) and (b) of Section 201 of this |
| 25 | | Act, minus deposits into the Income Tax
Refund Fund, the |
| 26 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
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| 1 | | Local Government Distributive Fund in the State Treasury. |
| 2 | | (f) Deposits into the Fund for the Advancement of |
| 3 | | Education. Beginning February 1, 2015, the Department shall |
| 4 | | deposit the following portions of the revenue realized from |
| 5 | | the tax imposed upon individuals, trusts, and estates by |
| 6 | | subsections (a) and (b) of Section 201 of this Act, minus |
| 7 | | deposits into the Income Tax Refund Fund, into the Fund for the |
| 8 | | Advancement of Education: |
| 9 | | (1) beginning February 1, 2015, and prior to February |
| 10 | | 1, 2025, 1/30; and |
| 11 | | (2) beginning February 1, 2025, 1/26. |
| 12 | | If the rate of tax imposed by subsection (a) and (b) of |
| 13 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 14 | | the Department shall not make the deposits required by this |
| 15 | | subsection (f) on or after the effective date of the |
| 16 | | reduction. |
| 17 | | (g) Deposits into the Commitment to Human Services Fund. |
| 18 | | Beginning February 1, 2015, the Department shall deposit the |
| 19 | | following portions of the revenue realized from the tax |
| 20 | | imposed upon individuals, trusts, and estates by subsections |
| 21 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
| 22 | | Income Tax Refund Fund, into the Commitment to Human Services |
| 23 | | Fund: |
| 24 | | (1) beginning February 1, 2015, and prior to February |
| 25 | | 1, 2025, 1/30; and |
| 26 | | (2) beginning February 1, 2025, 1/26. |
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| 1 | | If the rate of tax imposed by subsection (a) and (b) of |
| 2 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 3 | | the Department shall not make the deposits required by this |
| 4 | | subsection (g) on or after the effective date of the |
| 5 | | reduction. |
| 6 | | (h) Deposits into the Tax Compliance and Administration |
| 7 | | Fund. Beginning on the first day of the first calendar month to |
| 8 | | occur on or after August 26, 2014 (the effective date of Public |
| 9 | | Act 98-1098), each month the Department shall pay into the Tax |
| 10 | | Compliance and Administration Fund, to be used, subject to |
| 11 | | appropriation, to fund additional auditors and compliance |
| 12 | | personnel at the Department, an amount equal to 1/12 of 5% of |
| 13 | | the cash receipts collected during the preceding fiscal year |
| 14 | | by the Audit Bureau of the Department from the tax imposed by |
| 15 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
| 16 | | net of deposits into the Income Tax Refund Fund made from those |
| 17 | | cash receipts. |
| 18 | | (Source: P.A. 101-8, see Section 99 for effective date; |
| 19 | | 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. |
| 20 | | 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, |
| 21 | | eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; |
| 22 | | 102-813, eff. 5-13-22; revised 8-2-22.)
|
| 23 | | Section 5-80. The Hotel Operators' Occupation Tax Act is |
| 24 | | amended by changing Section 6 as follows:
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| 1 | | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
|
| 2 | | Sec. 6. Filing of returns and distribution of revenue |
| 3 | | proceeds. Except as provided hereinafter in this Section, on |
| 4 | | or before
the last day of each calendar month, every person |
| 5 | | engaged in the
business of renting, leasing or letting rooms |
| 6 | | in a hotel in this State
during the preceding calendar month |
| 7 | | shall file a return with the
Department, stating:
|
| 8 | | 1. The name of the operator;
|
| 9 | | 2. His residence address and the address of his |
| 10 | | principal place of
business and the address of the |
| 11 | | principal place of business (if that is
a different |
| 12 | | address) from which he engages in the business of renting,
|
| 13 | | leasing or letting rooms in a hotel in this State;
|
| 14 | | 3. Total amount of rental receipts received by him |
| 15 | | during the
preceding calendar month from renting, leasing |
| 16 | | or letting rooms during
such preceding calendar month;
|
| 17 | | 4. Total amount of rental receipts received by him |
| 18 | | during the
preceding calendar month from renting, leasing |
| 19 | | or letting rooms to
permanent residents during such |
| 20 | | preceding calendar month;
|
| 21 | | 5. Total amount of other exclusions from gross rental |
| 22 | | receipts
allowed by this Act;
|
| 23 | | 6. Gross rental receipts which were received by him |
| 24 | | during the
preceding calendar month and upon the basis of |
| 25 | | which the tax is imposed;
|
| 26 | | 7. The amount of tax due;
|
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| 1 | | 8. Such other reasonable information as the Department |
| 2 | | may require.
|
| 3 | | If the operator's average monthly tax liability to the |
| 4 | | Department
does not exceed $200, the Department may authorize |
| 5 | | his returns to be
filed on a quarter annual basis, with the |
| 6 | | return for January, February
and March of a given year being |
| 7 | | due by April 30 of such year; with the
return for April, May |
| 8 | | and June of a given year being due by July 31 of
such year; |
| 9 | | with the return for July, August and September of a given
year |
| 10 | | being due by October 31 of such year, and with the return for
|
| 11 | | October, November and December of a given year being due by |
| 12 | | January 31
of the following year.
|
| 13 | | If the operator's average monthly tax liability to the |
| 14 | | Department
does not exceed $50, the Department may authorize |
| 15 | | his returns to be
filed on an annual basis, with the return for |
| 16 | | a given year being due by
January 31 of the following year.
|
| 17 | | Such quarter annual and annual returns, as to form and |
| 18 | | substance,
shall be subject to the same requirements as |
| 19 | | monthly returns.
|
| 20 | | Notwithstanding any other provision in this Act concerning |
| 21 | | the time
within which an operator may file his return, in the |
| 22 | | case of any
operator who ceases to engage in a kind of business |
| 23 | | which makes him
responsible for filing returns under this Act, |
| 24 | | such operator shall file
a final return under this Act with the |
| 25 | | Department not more than 1 month
after discontinuing such |
| 26 | | business.
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| 1 | | Where the same person has more than 1 business registered |
| 2 | | with the
Department under separate registrations under this |
| 3 | | Act, such person
shall not file each return that is due as a |
| 4 | | single return covering all
such registered businesses, but |
| 5 | | shall file separate returns for each
such registered business.
|
| 6 | | In his return, the operator shall determine the value of |
| 7 | | any
consideration other than money received by him in |
| 8 | | connection with the
renting, leasing or letting of rooms in |
| 9 | | the course of his business and
he shall include such value in |
| 10 | | his return. Such determination shall be
subject to review and |
| 11 | | revision by the Department in the manner
hereinafter provided |
| 12 | | for the correction of returns.
|
| 13 | | Where the operator is a corporation, the return filed on |
| 14 | | behalf of
such corporation shall be signed by the president, |
| 15 | | vice-president,
secretary or treasurer or by the properly |
| 16 | | accredited agent of such
corporation.
|
| 17 | | The person filing the return herein provided for shall, at |
| 18 | | the time of
filing such return, pay to the Department the |
| 19 | | amount of tax herein imposed.
The operator filing the return |
| 20 | | under this Section shall, at the time of
filing such return, |
| 21 | | pay to the Department the amount of tax imposed by this
Act |
| 22 | | less a discount of 2.1% or $25 per calendar year, whichever is |
| 23 | | greater,
which is allowed to reimburse the operator for the |
| 24 | | expenses incurred in
keeping records, preparing and filing |
| 25 | | returns, remitting the tax and
supplying data to the |
| 26 | | Department on request.
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| 1 | | If any payment provided for in this Section exceeds the |
| 2 | | operator's liabilities under this Act, as shown on an original |
| 3 | | return, the Department may authorize the operator to credit |
| 4 | | such excess payment against liability subsequently to be |
| 5 | | remitted to the Department under this Act, in accordance with |
| 6 | | reasonable rules adopted by the Department. If the Department |
| 7 | | subsequently determines that all or any part of the credit |
| 8 | | taken was not actually due to the operator, the operator's |
| 9 | | discount shall be reduced by an amount equal to the difference |
| 10 | | between the discount as applied to the credit taken and that |
| 11 | | actually due, and that operator shall be liable for penalties |
| 12 | | and interest on such difference. |
| 13 | | There shall be deposited into in the Build Illinois Fund |
| 14 | | in the State
Treasury for each State fiscal year 40% of the |
| 15 | | amount of total
net revenue proceeds from the tax imposed by |
| 16 | | subsection (a) of Section 3.
Of the remaining 60%: (i) , |
| 17 | | $5,000,000 shall be deposited into in the Illinois
Sports |
| 18 | | Facilities Fund and credited to the Subsidy Account each |
| 19 | | fiscal
year by making monthly deposits in the amount of 1/8 of |
| 20 | | $5,000,000 plus
cumulative deficiencies in such deposits for |
| 21 | | prior months, and (ii) an amount equal to the then applicable |
| 22 | | Advance Amount
additional $8,000,000 shall be deposited into |
| 23 | | in the Illinois Sports Facilities
Fund and credited to the |
| 24 | | Advance Account each fiscal year by making monthly
deposits in |
| 25 | | the amount of 1/8 of the then applicable Advance Amount |
| 26 | | $8,000,000 plus any cumulative deficiencies
in such deposits |
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| 1 | | for prior months; provided, that for fiscal years ending
after |
| 2 | | June 30, 2001, the amount to be so deposited into the Illinois
|
| 3 | | Sports Facilities Fund and credited to the Advance Account |
| 4 | | each fiscal year
shall be increased from $8,000,000 to the |
| 5 | | then applicable Advance Amount and
the required monthly |
| 6 | | deposits beginning with July 2001 shall be in the amount
of 1/8 |
| 7 | | of the then applicable Advance Amount plus any cumulative |
| 8 | | deficiencies
in those deposits for prior months. (The deposits |
| 9 | | of the additional $8,000,000
or the then applicable Advance |
| 10 | | Amount, as applicable,
during each fiscal year shall be |
| 11 | | treated as advances
of funds to the Illinois Sports Facilities |
| 12 | | Authority for its corporate
purposes to the extent paid to the |
| 13 | | Authority or its trustee and shall be
repaid into the General |
| 14 | | Revenue Fund in the State Treasury by the State
Treasurer on |
| 15 | | behalf of the Authority pursuant to Section 19 of the Illinois
|
| 16 | | Sports Facilities Authority Act, as amended. If in any fiscal |
| 17 | | year the full
amount of the then applicable Advance Amount
is |
| 18 | | not repaid into the General Revenue Fund, then the deficiency |
| 19 | | shall be paid
from the amount in the Local Government |
| 20 | | Distributive Fund that would otherwise
be allocated to the |
| 21 | | City of Chicago under the State Revenue Sharing Act.)
|
| 22 | | For purposes of the foregoing paragraph, the term "Advance |
| 23 | | Amount"
means, for fiscal year 2002, $22,179,000, and for |
| 24 | | subsequent fiscal years
through fiscal year 2033, 105.615% of |
| 25 | | the Advance Amount for the immediately
preceding fiscal year, |
| 26 | | rounded up to the nearest $1,000.
|
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| 1 | | Of the remaining 60% of the amount of total net proceeds |
| 2 | | prior to August 1, 2011 from the tax
imposed by subsection (a) |
| 3 | | of Section 3 after all required deposits in the
Illinois |
| 4 | | Sports Facilities Fund, the amount equal to 8% of the net |
| 5 | | revenue
realized from this Act plus an amount equal to
8% of |
| 6 | | the net revenue realized from any tax imposed under Section |
| 7 | | 4.05 of the
Chicago World's Fair-1992 Authority Act during the |
| 8 | | preceding month shall be
deposited in the Local Tourism Fund |
| 9 | | each month for purposes authorized by
Section 605-705 of the |
| 10 | | Department of Commerce and Economic Opportunity Law (20 ILCS |
| 11 | | 605/605-705). Of the remaining 60% of the amount of total net |
| 12 | | revenue proceeds beginning on August 1, 2011 through June 30, |
| 13 | | 2023, from the tax imposed by subsection (a) of Section 3 after |
| 14 | | all required deposits into in the Illinois Sports Facilities |
| 15 | | Fund, an amount equal to 8% of the net revenue realized from |
| 16 | | this Act plus an amount equal to 8% of the net revenue realized |
| 17 | | from any tax imposed under Section 4.05 of the Chicago World's |
| 18 | | Fair-1992 Authority Act during the preceding month shall be |
| 19 | | deposited as follows: 18% of such amount shall be deposited |
| 20 | | into the Chicago Travel Industry Promotion Fund for the |
| 21 | | purposes described in subsection (n) of Section 5 of the |
| 22 | | Metropolitan Pier and Exposition Authority Act and the |
| 23 | | remaining 82% of such amount shall be deposited into the Local |
| 24 | | Tourism Fund each month for purposes authorized by Section |
| 25 | | 605-705 of the Department of Commerce and Economic Opportunity |
| 26 | | Law. Beginning on August 1, 1999 and ending on July 31, 2011, |
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| 1 | | an amount equal to 4.5% of the net revenue
realized from the |
| 2 | | Hotel Operators' Occupation Tax Act during the preceding
month |
| 3 | | shall be deposited into the International Tourism Fund for the |
| 4 | | purposes
authorized in Section 605-707 of the Department of |
| 5 | | Commerce
and Economic Opportunity Law. Beginning on August 1, |
| 6 | | 2011 and through June 30, 2023, an amount equal to 4.5% of the |
| 7 | | net revenue realized from this Act during the preceding month |
| 8 | | shall be deposited as follows: 55% of such amount shall be |
| 9 | | deposited into the Chicago Travel Industry Promotion Fund for |
| 10 | | the purposes described in subsection (n) of Section 5 of the |
| 11 | | Metropolitan Pier and Exposition Authority Act and the |
| 12 | | remaining 45% of such amount deposited into the International |
| 13 | | Tourism Fund for the purposes authorized in Section 605-707 of |
| 14 | | the Department of Commerce and Economic Opportunity Law. "Net
|
| 15 | | revenue realized for a month" means the revenue collected by |
| 16 | | the State under this
that Act during the previous month less |
| 17 | | the amount paid out during that same
month as refunds to |
| 18 | | taxpayers for overpayment of liability under this that Act.
|
| 19 | | Beginning on July 1, 2023, of the remaining 60% of the |
| 20 | | amount of total net revenue realized from the tax imposed |
| 21 | | under subsection (a) of Section 3, after all required deposits |
| 22 | | into the Illinois Sports Facilities Fund: |
| 23 | | (1) an amount equal to 8% of the net revenue realized
|
| 24 | | under this Act for the preceding month shall be deposited |
| 25 | | as follows: 82% to the Local Tourism Fund and 18% to the |
| 26 | | Chicago Travel Industry Promotion Fund; and |
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| 1 | | (2) an amount equal to 4.5% of the net revenue
|
| 2 | | realized under this Act for the preceding month shall be |
| 3 | | deposited as follows: 55% to the Chicago Travel Industry |
| 4 | | Promotion Fund and 45% to the International Tourism Fund. |
| 5 | | After making all these deposits, any remaining net revenue |
| 6 | | realized from all other proceeds of the tax imposed under
|
| 7 | | subsection (a) of Section 3 shall be deposited into in the |
| 8 | | Tourism Promotion Fund in
the State Treasury. All moneys |
| 9 | | received by the Department from the additional
tax imposed |
| 10 | | under subsection (b) of Section 3 shall be deposited into the |
| 11 | | Build
Illinois Fund in the State Treasury.
|
| 12 | | The Department may, upon separate written notice to a |
| 13 | | taxpayer, require
the taxpayer to prepare and file with the |
| 14 | | Department on a form prescribed
by the Department within not |
| 15 | | less than 60 days after receipt of the notice
an annual |
| 16 | | information return for the tax year specified in the notice.
|
| 17 | | Such annual return to the Department shall include a statement |
| 18 | | of gross
receipts as shown by the operator's last State income |
| 19 | | tax return. If the
total receipts of the business as reported |
| 20 | | in the State income tax return
do not agree with the gross |
| 21 | | receipts reported to the Department for the
same period, the |
| 22 | | operator shall attach to his annual information return a
|
| 23 | | schedule showing a reconciliation of the 2 amounts and the |
| 24 | | reasons for the
difference. The operator's annual information |
| 25 | | return to the Department
shall also disclose payroll pay roll |
| 26 | | information of the operator's business during
the year covered |
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| 1 | | by such return and any additional reasonable information
which |
| 2 | | the Department deems would be helpful in determining the |
| 3 | | accuracy of
the monthly, quarterly or annual tax returns by |
| 4 | | such operator as
hereinbefore provided for in this Section.
|
| 5 | | If the annual information return required by this Section |
| 6 | | is not filed
when and as required the taxpayer shall be liable |
| 7 | | for a penalty in an
amount determined in accordance with |
| 8 | | Section 3-4 of the Uniform Penalty and
Interest Act until such |
| 9 | | return is filed as required, the penalty to be
assessed and |
| 10 | | collected in the same manner as any other penalty provided
for |
| 11 | | in this Act.
|
| 12 | | The chief executive officer, proprietor, owner or highest |
| 13 | | ranking manager
shall sign the annual return to certify the |
| 14 | | accuracy of the information
contained therein. Any person who |
| 15 | | willfully signs the annual return containing
false or |
| 16 | | inaccurate information shall be guilty of perjury and punished
|
| 17 | | accordingly. The annual return form prescribed by the |
| 18 | | Department shall
include a warning that the person signing the |
| 19 | | return may be liable for perjury.
|
| 20 | | The foregoing portion of this Section concerning the |
| 21 | | filing of an annual
information return shall not apply to an |
| 22 | | operator who is not required to
file an income tax return with |
| 23 | | the United States Government.
|
| 24 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 25 | | Section 5-85. The Motor Fuel Tax Law is amended by |
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| 1 | | changing Section 8 as follows:
|
| 2 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
|
| 3 | | Sec. 8. Distribution of proceeds of tax. Except as |
| 4 | | provided in subsection (a-1) of this Section, Section 8a, |
| 5 | | subdivision
(h)(1) of Section 12a, Section 13a.6, and items
|
| 6 | | 13, 14, 15, and 16 of Section 15, all money received by the |
| 7 | | Department under
this Act, including payments made to the |
| 8 | | Department by
member jurisdictions participating in the |
| 9 | | International Fuel Tax Agreement,
shall be deposited into in a |
| 10 | | special fund in the State treasury, to be known as the
"Motor |
| 11 | | Fuel Tax Fund", and shall be used as follows:
|
| 12 | | (a) 2 1/2 cents per gallon of the tax collected on special |
| 13 | | fuel under
paragraph (b) of Section 2 and Section 13a of this |
| 14 | | Act shall be transferred
to the State Construction Account |
| 15 | | Fund in the State Treasury; the remainder of the tax collected |
| 16 | | on special fuel under
paragraph (b) of Section 2 and Section |
| 17 | | 13a of this Act shall be deposited into the Road Fund;
|
| 18 | | (a-1) Beginning on July 1, 2019, an amount equal to the |
| 19 | | amount of tax collected under subsection (a) of Section 2 and |
| 20 | | Section 13a as a result of the increase in the tax rate under |
| 21 | | subsection (a) of Section 2 authorized by Public Act 101-32 |
| 22 | | shall be deposited transferred each month into the |
| 23 | | Transportation Renewal Fund; provided, however, that the |
| 24 | | amount that represents the part (b) portion of the rate under |
| 25 | | Section 13a shall be deposited each month into the Motor Fuel |
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| 1 | | Tax Fund and the Transportation Renewal Fund in the same |
| 2 | | proportion as the amount collected under subsection (a) of |
| 3 | | Section 2; |
| 4 | | (b) $420,000 shall be transferred each month to the State |
| 5 | | Boating Act
Fund to be used by the Department of Natural |
| 6 | | Resources for the purposes
specified in Article X of the Boat |
| 7 | | Registration and Safety Act;
|
| 8 | | (c) $3,500,000 shall be transferred each month to the |
| 9 | | Grade Crossing
Protection Fund to be used as follows: not less |
| 10 | | than $12,000,000 each fiscal
year shall be used for the |
| 11 | | construction or reconstruction of rail highway grade
|
| 12 | | separation structures; $5,500,000 in fiscal year 2022 and each |
| 13 | | fiscal
year
thereafter shall be transferred to the |
| 14 | | Transportation
Regulatory Fund and shall be used to pay the |
| 15 | | cost of administration
of the Illinois Commerce Commission's |
| 16 | | railroad safety program in connection
with its duties under |
| 17 | | subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
| 18 | | Code, with the remainder to be used by the Department of |
| 19 | | Transportation
upon order of the Illinois Commerce Commission, |
| 20 | | to pay that part of the
cost apportioned by such Commission to |
| 21 | | the State to cover the interest
of the public in the use of |
| 22 | | highways, roads, streets, or
pedestrian walkways in the
county |
| 23 | | highway system, township and district road system, or |
| 24 | | municipal
street system as defined in the Illinois Highway |
| 25 | | Code, as the same may
from time to time be amended, for |
| 26 | | separation of grades, for installation,
construction or |
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| 1 | | reconstruction of crossing protection or reconstruction,
|
| 2 | | alteration, relocation including construction or improvement |
| 3 | | of any
existing highway necessary for access to property or |
| 4 | | improvement of any
grade crossing and grade crossing surface |
| 5 | | including the necessary highway approaches thereto of any
|
| 6 | | railroad across the highway or public road, or for the |
| 7 | | installation,
construction, reconstruction, or maintenance of |
| 8 | | safety treatments to deter trespassing or a pedestrian walkway |
| 9 | | over or
under a railroad right-of-way, as provided for in and |
| 10 | | in
accordance with Section 18c-7401 of the Illinois Vehicle |
| 11 | | Code.
The Commission may order up to $2,000,000 per year in |
| 12 | | Grade Crossing Protection Fund moneys for the improvement of |
| 13 | | grade crossing surfaces and up to $300,000 per year for the |
| 14 | | maintenance and renewal of 4-quadrant gate vehicle detection |
| 15 | | systems located at non-high speed rail grade crossings.
In |
| 16 | | entering orders for projects for which payments from the Grade |
| 17 | | Crossing
Protection Fund will be made, the Commission shall |
| 18 | | account for expenditures
authorized by the orders on a cash |
| 19 | | rather than an accrual basis. For purposes
of this requirement |
| 20 | | an "accrual basis" assumes that the total cost of the
project |
| 21 | | is expended in the fiscal year in which the order is entered, |
| 22 | | while a
"cash basis" allocates the cost of the project among |
| 23 | | fiscal years as
expenditures are actually made. To meet the |
| 24 | | requirements of this subsection,
the Illinois Commerce |
| 25 | | Commission shall develop annual and 5-year project plans
of |
| 26 | | rail crossing capital improvements that will be paid for with |
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| 1 | | moneys from
the Grade Crossing Protection Fund. The annual |
| 2 | | project plan shall identify
projects for the succeeding fiscal |
| 3 | | year and the 5-year project plan shall
identify projects for |
| 4 | | the 5 directly succeeding fiscal years. The Commission
shall |
| 5 | | submit the annual and 5-year project plans for this Fund to the |
| 6 | | Governor,
the President of the Senate, the Senate Minority |
| 7 | | Leader, the Speaker of the
House of Representatives, and the |
| 8 | | Minority Leader of the House of
Representatives on
the first |
| 9 | | Wednesday in April of each year;
|
| 10 | | (d) of the amount remaining after allocations provided for |
| 11 | | in
subsections (a), (a-1), (b), and (c), a sufficient amount |
| 12 | | shall be reserved to
pay all of the following:
|
| 13 | | (1) the costs of the Department of Revenue in |
| 14 | | administering this
Act;
|
| 15 | | (2) the costs of the Department of Transportation in |
| 16 | | performing its
duties imposed by the Illinois Highway Code |
| 17 | | for supervising the use of motor
fuel tax funds |
| 18 | | apportioned to municipalities, counties and road |
| 19 | | districts;
|
| 20 | | (3) refunds provided for in Section 13, refunds for |
| 21 | | overpayment of decal fees paid under Section 13a.4 of this |
| 22 | | Act, and refunds provided for under the terms
of the |
| 23 | | International Fuel Tax Agreement referenced in Section |
| 24 | | 14a;
|
| 25 | | (4) from October 1, 1985 until June 30, 1994, the |
| 26 | | administration of the
Vehicle Emissions Inspection Law, |
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| 1 | | which amount shall be certified monthly by
the |
| 2 | | Environmental Protection Agency to the State Comptroller |
| 3 | | and shall promptly
be transferred by the State Comptroller |
| 4 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
| 5 | | Inspection Fund, and for the period July 1, 1994 through
|
| 6 | | June 30, 2000, one-twelfth of $25,000,000 each month, for |
| 7 | | the period July 1, 2000 through June 30, 2003,
one-twelfth |
| 8 | | of
$30,000,000
each month,
and $15,000,000 on July 1, |
| 9 | | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
|
| 10 | | on
each
July
1 and October 1, or as soon thereafter as may |
| 11 | | be practical, during the period July 1, 2004 through June |
| 12 | | 30, 2012,
and $30,000,000 on June 1, 2013, or as soon |
| 13 | | thereafter as may be practical, and $15,000,000 on July 1 |
| 14 | | and October 1, or as soon thereafter as may be practical, |
| 15 | | during the period of July 1, 2013 through June 30, 2015, |
| 16 | | for the administration of the Vehicle Emissions Inspection |
| 17 | | Law of
2005, to be transferred by the State Comptroller |
| 18 | | and Treasurer from the Motor
Fuel Tax Fund into the |
| 19 | | Vehicle Inspection Fund;
|
| 20 | | (4.5) beginning on July 1, 2019, the costs of the |
| 21 | | Environmental Protection Agency for the administration of |
| 22 | | the Vehicle Emissions Inspection Law of 2005 shall be |
| 23 | | paid, subject to appropriation, from the Motor Fuel Tax |
| 24 | | Fund into the Vehicle Inspection Fund; beginning in 2019, |
| 25 | | no later than December 31 of each year, or as soon |
| 26 | | thereafter as practical, the State Comptroller shall |
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| 1 | | direct and the State Treasurer shall transfer from the |
| 2 | | Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
| 3 | | balance remaining in the Vehicle Inspection Fund in excess |
| 4 | | of $2,000,000; |
| 5 | | (5) amounts ordered paid by the Court of Claims; and
|
| 6 | | (6) payment of motor fuel use taxes due to member |
| 7 | | jurisdictions under
the terms of the International Fuel |
| 8 | | Tax Agreement. The Department shall
certify these amounts |
| 9 | | to the Comptroller by the 15th day of each month; the
|
| 10 | | Comptroller shall cause orders to be drawn for such |
| 11 | | amounts, and the Treasurer
shall administer those amounts |
| 12 | | on or before the last day of each month;
|
| 13 | | (e) after allocations for the purposes set forth in |
| 14 | | subsections
(a), (a-1), (b), (c), and (d), the remaining |
| 15 | | amount shall be apportioned as follows:
|
| 16 | | (1) Until January 1, 2000, 58.4%, and beginning |
| 17 | | January 1, 2000, 45.6%
shall be deposited as follows:
|
| 18 | | (A) 37% into the State Construction Account Fund, |
| 19 | | and
|
| 20 | | (B) 63% into the Road Fund, $1,250,000 of which |
| 21 | | shall be reserved each
month for the Department of |
| 22 | | Transportation to be used in accordance with
the |
| 23 | | provisions of Sections 6-901 through 6-906 of the |
| 24 | | Illinois Highway Code;
|
| 25 | | (2) Until January 1, 2000, 41.6%, and beginning |
| 26 | | January 1, 2000, 54.4%
shall be transferred to the |
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| 1 | | Department of Transportation to be
distributed as follows:
|
| 2 | | (A) 49.10% to the municipalities of the State,
|
| 3 | | (B) 16.74% to the counties of the State having |
| 4 | | 1,000,000 or more inhabitants,
|
| 5 | | (C) 18.27% to the counties of the State having |
| 6 | | less than 1,000,000 inhabitants,
|
| 7 | | (D) 15.89% to the road districts of the State.
|
| 8 | | If a township is dissolved under Article 24 of the |
| 9 | | Township Code, McHenry County shall receive any moneys |
| 10 | | that would have been distributed to the township under |
| 11 | | this subparagraph, except that a municipality that assumes |
| 12 | | the powers and responsibilities of a road district under |
| 13 | | paragraph (6) of Section 24-35 of the Township Code shall |
| 14 | | receive any moneys that would have been distributed to the |
| 15 | | township in a percent equal to the area of the dissolved |
| 16 | | road district or portion of the dissolved road district |
| 17 | | over which the municipality assumed the powers and |
| 18 | | responsibilities compared to the total area of the |
| 19 | | dissolved township. The moneys received under this |
| 20 | | subparagraph shall be used in the geographic area of the |
| 21 | | dissolved township. If a township is reconstituted as |
| 22 | | provided under Section 24-45 of the Township Code, McHenry |
| 23 | | County or a municipality shall no longer be distributed |
| 24 | | moneys under this subparagraph. |
| 25 | | As soon as may be after the first day of each month, the |
| 26 | | Department of
Transportation shall allot to each municipality |
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| 1 | | its share of the amount
apportioned to the several |
| 2 | | municipalities which shall be in proportion
to the population |
| 3 | | of such municipalities as determined by the last
preceding |
| 4 | | municipal census if conducted by the Federal Government or
|
| 5 | | Federal census. If territory is annexed to any municipality |
| 6 | | subsequent
to the time of the last preceding census the |
| 7 | | corporate authorities of
such municipality may cause a census |
| 8 | | to be taken of such annexed
territory and the population so |
| 9 | | ascertained for such territory shall be
added to the |
| 10 | | population of the municipality as determined by the last
|
| 11 | | preceding census for the purpose of determining the allotment |
| 12 | | for that
municipality. If the population of any municipality |
| 13 | | was not determined
by the last Federal census preceding any |
| 14 | | apportionment, the
apportionment to such municipality shall be |
| 15 | | in accordance with any
census taken by such municipality. Any |
| 16 | | municipal census used in
accordance with this Section shall be |
| 17 | | certified to the Department of
Transportation by the clerk of |
| 18 | | such municipality, and the accuracy
thereof shall be subject |
| 19 | | to approval of the Department which may make
such corrections |
| 20 | | as it ascertains to be necessary.
|
| 21 | | As soon as may be after the first day of each month, the |
| 22 | | Department of
Transportation shall allot to each county its |
| 23 | | share of the amount
apportioned to the several counties of the |
| 24 | | State as herein provided.
Each allotment to the several |
| 25 | | counties having less than 1,000,000
inhabitants shall be in |
| 26 | | proportion to the amount of motor vehicle
license fees |
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| 1 | | received from the residents of such counties, respectively,
|
| 2 | | during the preceding calendar year. The Secretary of State |
| 3 | | shall, on or
before April 15 of each year, transmit to the |
| 4 | | Department of
Transportation a full and complete report |
| 5 | | showing the amount of motor
vehicle license fees received from |
| 6 | | the residents of each county,
respectively, during the |
| 7 | | preceding calendar year. The Department of
Transportation |
| 8 | | shall, each month, use for allotment purposes the last
such |
| 9 | | report received from the Secretary of State.
|
| 10 | | As soon as may be after the first day of each month, the |
| 11 | | Department
of Transportation shall allot to the several |
| 12 | | counties their share of the
amount apportioned for the use of |
| 13 | | road districts. The allotment shall
be apportioned among the |
| 14 | | several counties in the State in the proportion
which the |
| 15 | | total mileage of township or district roads in the respective
|
| 16 | | counties bears to the total mileage of all township and |
| 17 | | district roads
in the State. Funds allotted to the respective |
| 18 | | counties for the use of
road districts therein shall be |
| 19 | | allocated to the several road districts
in the county in the |
| 20 | | proportion which the total mileage of such township
or |
| 21 | | district roads in the respective road districts bears to the |
| 22 | | total
mileage of all such township or district roads in the |
| 23 | | county. After
July 1 of any year prior to 2011, no allocation |
| 24 | | shall be made for any road district
unless it levied a tax for |
| 25 | | road and bridge purposes in an amount which
will require the |
| 26 | | extension of such tax against the taxable property in
any such |
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| 1 | | road district at a rate of not less than either .08% of the |
| 2 | | value
thereof, based upon the assessment for the year |
| 3 | | immediately prior to the year
in which such tax was levied and |
| 4 | | as equalized by the Department of Revenue
or, in DuPage |
| 5 | | County, an amount equal to or greater than $12,000 per mile of
|
| 6 | | road under the jurisdiction of the road district, whichever is |
| 7 | | less. Beginning July 1, 2011 and each July 1 thereafter, an |
| 8 | | allocation shall be made for any road district
if it levied a |
| 9 | | tax for road and bridge purposes. In counties other than |
| 10 | | DuPage County, if the amount of the tax levy requires the |
| 11 | | extension of the tax against the taxable property in
the road |
| 12 | | district at a rate that is less than 0.08% of the value
|
| 13 | | thereof, based upon the assessment for the year immediately |
| 14 | | prior to the year
in which the tax was levied and as equalized |
| 15 | | by the Department of Revenue, then the amount of the |
| 16 | | allocation for that road district shall be a percentage of the |
| 17 | | maximum allocation equal to the percentage obtained by |
| 18 | | dividing the rate extended by the district by 0.08%. In DuPage |
| 19 | | County, if the amount of the tax levy requires the extension of |
| 20 | | the tax against the taxable property in
the road district at a |
| 21 | | rate that is less than the lesser of (i) 0.08% of the value
of |
| 22 | | the taxable property in the road district, based upon the |
| 23 | | assessment for the year immediately prior to the year
in which |
| 24 | | such tax was levied and as equalized by the Department of |
| 25 | | Revenue,
or (ii) a rate that will yield an amount equal to |
| 26 | | $12,000 per mile of
road under the jurisdiction of the road |
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| 1 | | district, then the amount of the allocation for the road |
| 2 | | district shall be a percentage of the maximum allocation equal |
| 3 | | to the percentage obtained by dividing the rate extended by |
| 4 | | the district by the lesser of (i) 0.08% or (ii) the rate that |
| 5 | | will yield an amount equal to $12,000 per mile of
road under |
| 6 | | the jurisdiction of the road district. |
| 7 | | Prior to 2011, if any
road district has levied a special |
| 8 | | tax for road purposes
pursuant to Sections 6-601, 6-602, and |
| 9 | | 6-603 of the Illinois Highway Code, and
such tax was levied in |
| 10 | | an amount which would require extension at a
rate of not less |
| 11 | | than .08% of the value of the taxable property thereof,
as |
| 12 | | equalized or assessed by the Department of Revenue,
or, in |
| 13 | | DuPage County, an amount equal to or greater than $12,000 per |
| 14 | | mile of
road under the jurisdiction of the road district, |
| 15 | | whichever is less,
such levy shall, however, be deemed a |
| 16 | | proper compliance with this
Section and shall qualify such |
| 17 | | road district for an allotment under this
Section. Beginning |
| 18 | | in 2011 and thereafter, if any
road district has levied a |
| 19 | | special tax for road purposes
under Sections 6-601, 6-602, and |
| 20 | | 6-603 of the Illinois Highway Code, and
the tax was levied in |
| 21 | | an amount that would require extension at a
rate of not less |
| 22 | | than 0.08% of the value of the taxable property of that road |
| 23 | | district,
as equalized or assessed by the Department of |
| 24 | | Revenue or, in DuPage County, an amount equal to or greater |
| 25 | | than $12,000 per mile of road under the jurisdiction of the |
| 26 | | road district, whichever is less, that levy shall be deemed a |
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| 1 | | proper compliance with this
Section and shall qualify such |
| 2 | | road district for a full, rather than proportionate, allotment |
| 3 | | under this
Section. If the levy for the special tax is less |
| 4 | | than 0.08% of the value of the taxable property, or, in DuPage |
| 5 | | County if the levy for the special tax is less than the lesser |
| 6 | | of (i) 0.08% or (ii) $12,000 per mile of road under the |
| 7 | | jurisdiction of the road district, and if the levy for the |
| 8 | | special tax is more than any other levy for road and bridge |
| 9 | | purposes, then the levy for the special tax qualifies the road |
| 10 | | district for a proportionate, rather than full, allotment |
| 11 | | under this Section. If the levy for the special tax is equal to |
| 12 | | or less than any other levy for road and bridge purposes, then |
| 13 | | any allotment under this Section shall be determined by the |
| 14 | | other levy for road and bridge purposes. |
| 15 | | Prior to 2011, if a township has transferred to the road |
| 16 | | and bridge fund
money which, when added to the amount of any |
| 17 | | tax levy of the road
district would be the equivalent of a tax |
| 18 | | levy requiring extension at a
rate of at least .08%, or, in |
| 19 | | DuPage County, an amount equal to or greater
than $12,000 per |
| 20 | | mile of road under the jurisdiction of the road district,
|
| 21 | | whichever is less, such transfer, together with any such tax |
| 22 | | levy,
shall be deemed a proper compliance with this Section |
| 23 | | and shall qualify
the road district for an allotment under |
| 24 | | this Section.
|
| 25 | | In counties in which a property tax extension limitation |
| 26 | | is imposed
under the Property Tax Extension Limitation Law, |
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| 1 | | road districts may retain
their entitlement to a motor fuel |
| 2 | | tax allotment or, beginning in 2011, their entitlement to a |
| 3 | | full allotment if, at the time the property
tax
extension |
| 4 | | limitation was imposed, the road district was levying a road |
| 5 | | and
bridge tax at a rate sufficient to entitle it to a motor |
| 6 | | fuel tax allotment
and continues to levy the maximum allowable |
| 7 | | amount after the imposition of the
property tax extension |
| 8 | | limitation. Any road district may in all circumstances
retain |
| 9 | | its entitlement to a motor fuel tax allotment or, beginning in |
| 10 | | 2011, its entitlement to a full allotment if it levied a road |
| 11 | | and
bridge tax in an amount that will require the extension of |
| 12 | | the tax against the
taxable property in the road district at a |
| 13 | | rate of not less than 0.08% of the
assessed value of the |
| 14 | | property, based upon the assessment for the year
immediately |
| 15 | | preceding the year in which the tax was levied and as equalized |
| 16 | | by
the Department of Revenue or, in DuPage County, an amount |
| 17 | | equal to or greater
than $12,000 per mile of road under the |
| 18 | | jurisdiction of the road district,
whichever is less.
|
| 19 | | As used in this Section, the term "road district" means |
| 20 | | any road
district, including a county unit road district, |
| 21 | | provided for by the
Illinois Highway Code; and the term |
| 22 | | "township or district road"
means any road in the township and |
| 23 | | district road system as defined in the
Illinois Highway Code. |
| 24 | | For the purposes of this Section, "township or
district road" |
| 25 | | also includes such roads as are maintained by park
districts, |
| 26 | | forest preserve districts and conservation districts. The
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| 1 | | Department of Transportation shall determine the mileage of |
| 2 | | all township
and district roads for the purposes of making |
| 3 | | allotments and allocations of
motor fuel tax funds for use in |
| 4 | | road districts.
|
| 5 | | Payment of motor fuel tax moneys to municipalities and |
| 6 | | counties shall
be made as soon as possible after the allotment |
| 7 | | is made. The treasurer
of the municipality or county may |
| 8 | | invest these funds until their use is
required and the |
| 9 | | interest earned by these investments shall be limited
to the |
| 10 | | same uses as the principal funds.
|
| 11 | | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
| 12 | | 101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. |
| 13 | | 8-20-21; 102-699, eff. 4-19-22.)
|
| 14 | | Section 5-87. The Illinois Pension Code is amended by |
| 15 | | changing Sections 1A-112, 2-121.1, and 16-132 and by adding |
| 16 | | Sections 2-105.3 and 2-105.4 as follows:
|
| 17 | | (40 ILCS 5/1A-112)
|
| 18 | | Sec. 1A-112. Fees.
|
| 19 | | (a) Every pension fund that is required to file an annual |
| 20 | | statement under
Section 1A-109 shall pay to the Department an |
| 21 | | annual compliance fee. In the
case of a pension fund under |
| 22 | | Article 3 or 4 of this Code, (i) prior to the conclusion of the |
| 23 | | transition period, the annual compliance
fee shall be 0.02% (2 |
| 24 | | basis points) of the total
assets of the pension
fund, as |
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| 1 | | reported in the most current annual statement of the fund, but |
| 2 | | not
more than $8,000 and (ii) after the conclusion of the |
| 3 | | transition period, the annual compliance fee shall be $8,000 |
| 4 | | and shall be paid by the Consolidated Fund. In the case of all |
| 5 | | other pension funds and
retirement
systems, the annual |
| 6 | | compliance fee shall be $8,000. Effective July 1, 2023, each |
| 7 | | pension fund established under Article 3 or 4 of this Code |
| 8 | | shall pay an annual compliance fee of at least 0.02% but not |
| 9 | | more than 0.05% of the total assets of the pension fund, as |
| 10 | | reported in the most current annual statement of the fund, to |
| 11 | | the Department of Insurance unless the appropriate |
| 12 | | Consolidated Fund agrees to conduct an audit or examination of |
| 13 | | all pension funds as provided in Section 1A-104. The |
| 14 | | Department shall have the discretion to set the annual |
| 15 | | compliance fee to be paid by each pension fund to cover the |
| 16 | | cost of the compliance audits. The Department shall provide |
| 17 | | written notice to each Article 3 and Article 4 pension fund of |
| 18 | | the amount of the annual compliance fee due not less than 60 |
| 19 | | days prior to the fee payment deadline.
|
| 20 | | (b) The annual compliance fee shall be due on June 30 for |
| 21 | | the following
State fiscal year, except that the fee payable |
| 22 | | in 1997 for fiscal year 1998
shall be due no earlier than 30 |
| 23 | | days following the effective date of this
amendatory Act of |
| 24 | | 1997.
|
| 25 | | (c) Any information obtained by the Division that is |
| 26 | | available to the public
under the Freedom of Information Act |
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| 1 | | and is either compiled in published form
or maintained on a |
| 2 | | computer processible medium shall be furnished upon the
|
| 3 | | written request of any applicant and the payment of a |
| 4 | | reasonable information
services fee established by the |
| 5 | | Director, sufficient to cover the total cost to
the Division |
| 6 | | of compiling, processing, maintaining, and generating the
|
| 7 | | information. The information may be furnished by means of |
| 8 | | published copy or on
a computer processed or computer |
| 9 | | processible medium.
|
| 10 | | No fee may be charged to any person for information that |
| 11 | | the Division is
required by law to furnish to that person.
|
| 12 | | (d) Except as otherwise provided in this Section, all fees |
| 13 | | and penalties
collected by the Department under this Code |
| 14 | | shall be deposited into the Public
Pension Regulation Fund.
|
| 15 | | (e) Fees collected under subsection (c) of this Section |
| 16 | | and money collected
under Section 1A-107 shall be deposited |
| 17 | | into the Technology Management Revolving Fund and credited to |
| 18 | | the account of the Department's Public Pension
Division. This |
| 19 | | income shall be used exclusively for the
purposes set forth in |
| 20 | | Section 1A-107. Notwithstanding the provisions of
Section |
| 21 | | 408.2 of the Illinois Insurance Code, no surplus funds |
| 22 | | remaining in
this account shall be deposited in the Insurance |
| 23 | | Financial Regulation Fund.
All money in this account that the |
| 24 | | Director certifies is not needed for the
purposes set forth in |
| 25 | | Section 1A-107 of this Code shall be transferred to the
Public |
| 26 | | Pension Regulation Fund.
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| 1 | | (f) Nothing in this Code prohibits the General Assembly |
| 2 | | from appropriating
funds from the General Revenue Fund to the |
| 3 | | Department for the purpose of
administering or enforcing this |
| 4 | | Code.
|
| 5 | | (Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
|
| 6 | | (40 ILCS 5/2-105.3 new) |
| 7 | | Sec. 2-105.3. Tier 1 participant; Tier 2 participant. |
| 8 | | "Tier 1 participant": A participant who first became a |
| 9 | | participant before January 1, 2011. |
| 10 | | "Tier 2 participant": A participant who first became a |
| 11 | | participant on or after January 1, 2011.
|
| 12 | | (40 ILCS 5/2-105.4 new) |
| 13 | | Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a |
| 14 | | former Tier 1 participant who has made the election to retire |
| 15 | | and has terminated service.
|
| 16 | | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
|
| 17 | | Sec. 2-121.1. Survivor's annuity; amount annuity - amount.
|
| 18 | | (a) A surviving spouse shall be entitled to 66 2/3% of the |
| 19 | | amount of
retirement annuity to which the participant or |
| 20 | | annuitant was entitled on
the date of death, without regard to |
| 21 | | whether the participant had attained
age 55 prior to his or her |
| 22 | | death, subject to a minimum payment of 10% of
salary. If a |
| 23 | | surviving spouse, regardless of age, has in his or her care
at |
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| 1 | | the date of death any eligible child or children of the |
| 2 | | participant, the
survivor's annuity shall be the greater of |
| 3 | | the following: (1) 66 2/3% of
the amount of retirement annuity |
| 4 | | to which the participant or annuitant was
entitled on the date |
| 5 | | of death, or (2) 30% of the participant's salary
increased by |
| 6 | | 10% of salary on account of each such child, subject to a
total |
| 7 | | payment for the surviving spouse and children of 50% of |
| 8 | | salary. If
eligible children survive but there is no surviving |
| 9 | | spouse, or if the
surviving spouse dies or becomes |
| 10 | | disqualified by
remarriage while eligible children survive, |
| 11 | | each
eligible child shall be entitled to an annuity of 20% of |
| 12 | | salary, subject
to a maximum total payment for all such |
| 13 | | children of 50% of salary.
|
| 14 | | However, the survivor's annuity payable under this Section |
| 15 | | shall not be
less than 100% of the amount of retirement annuity |
| 16 | | to which the participant
or annuitant was entitled on the date |
| 17 | | of death, if he or she is survived by
a dependent disabled |
| 18 | | child.
|
| 19 | | The salary to be used for determining these benefits shall |
| 20 | | be the
salary used for determining the amount of retirement |
| 21 | | annuity as provided
in Section 2-119.01.
|
| 22 | | (b) Upon the death of a participant after the termination |
| 23 | | of service or
upon death of an annuitant, the maximum total |
| 24 | | payment to a surviving spouse
and eligible children, or to |
| 25 | | eligible children alone if there is no surviving
spouse, shall |
| 26 | | be 75% of the retirement annuity to which the participant
or |
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| 1 | | annuitant was entitled, unless there is a dependent disabled |
| 2 | | child
among the survivors.
|
| 3 | | (c) When a child ceases to be an eligible child, the |
| 4 | | annuity to that
child, or to the surviving spouse on account of |
| 5 | | that child, shall thereupon
cease, and the annuity payable to |
| 6 | | the surviving spouse or other eligible
children shall be |
| 7 | | recalculated if necessary.
|
| 8 | | Upon the ineligibility of the last eligible child, the |
| 9 | | annuity shall
immediately revert to the amount payable upon |
| 10 | | death of a participant or
annuitant who leaves no eligible |
| 11 | | children. If the surviving spouse is then
under age 50, the |
| 12 | | annuity as revised shall be deferred until the attainment
of |
| 13 | | age 50.
|
| 14 | | (d) Beginning January 1, 1990, every survivor's annuity |
| 15 | | shall be increased
(1) on each January 1 occurring on or after |
| 16 | | the commencement of the annuity if
the deceased member died |
| 17 | | while receiving a retirement annuity, or (2) in
other cases, |
| 18 | | on each January 1 occurring on or after the first anniversary
|
| 19 | | of the commencement of the annuity, by an amount equal to 3% of |
| 20 | | the current
amount of the annuity, including any previous |
| 21 | | increases under this Article.
Such increases shall apply |
| 22 | | without regard to whether the deceased member
was in service |
| 23 | | on or after the effective date of this amendatory Act of
1991, |
| 24 | | but shall not accrue for any period prior to January 1, 1990.
|
| 25 | | (d-5) Notwithstanding any other provision of this Article, |
| 26 | | the initial survivor's annuity of a survivor of a participant |
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| 1 | | who first becomes a participant on or after January 1, 2011 |
| 2 | | (the effective date of Public Act 96-889) shall be in the |
| 3 | | amount of 66 2/3% of the amount of the retirement annuity to |
| 4 | | which the participant or annuitant was entitled on the date of |
| 5 | | death and shall be increased (1) on each January 1 occurring on |
| 6 | | or after the commencement of the annuity if
the deceased |
| 7 | | member died while receiving a retirement annuity or (2) in
|
| 8 | | other cases, on each January 1 occurring on or after the first |
| 9 | | anniversary
of the commencement of the annuity, by an amount |
| 10 | | equal to 3% or the annual unadjusted percentage increase in |
| 11 | | the Consumer Price Index for All Urban Consumers as determined |
| 12 | | by the Public Pension Division of the Department of Insurance |
| 13 | | under subsection (a) of Section 2-108.1, whichever is less, of |
| 14 | | the survivor's annuity then being paid. |
| 15 | | The provisions of this subsection (d-5) shall not apply to |
| 16 | | a survivor's annuity of a survivor of a participant who died in |
| 17 | | service before January 1, 2023. |
| 18 | | (e) Notwithstanding any other provision of this Article, |
| 19 | | beginning
January 1, 1990, the minimum survivor's annuity |
| 20 | | payable to any person who
is entitled to receive a survivor's |
| 21 | | annuity under this Article shall be
$300 per month, without |
| 22 | | regard to whether or not the deceased participant
was in |
| 23 | | service on the effective date of this amendatory Act of 1989.
|
| 24 | | (f) In the case of a proportional survivor's annuity |
| 25 | | arising under
the Retirement Systems Reciprocal Act where the |
| 26 | | amount payable by the
System on January 1, 1993 is less than |
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| 1 | | $300 per month, the amount payable
by the System shall be |
| 2 | | increased beginning on that date by a monthly amount
equal to |
| 3 | | $2 for each full year that has expired since the annuity began.
|
| 4 | | (g) Notwithstanding any other provision of this Code, the |
| 5 | | survivor's annuity payable to an eligible survivor of a Tier 2 |
| 6 | | participant who died in service prior to January 1, 2023 shall |
| 7 | | be calculated in accordance with the provisions applicable to |
| 8 | | the survivors of a deceased Tier 1 participant. |
| 9 | | Notwithstanding Section 1-103.1, the changes to this Section |
| 10 | | made by this amendatory Act of the 103rd General Assembly |
| 11 | | apply without regard to whether the participant was in active |
| 12 | | service before the effective date of the changes made to this |
| 13 | | Section by this amendatory Act of the 103rd General Assembly. |
| 14 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
| 15 | | (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
|
| 16 | | Sec. 16-132. Retirement annuity eligibility. A member who |
| 17 | | has at least 20 years of creditable service is entitled to a
|
| 18 | | retirement annuity upon or after attainment of age 55.
A |
| 19 | | member who has at least 10 but less than 20 years of creditable |
| 20 | | service is
entitled to a retirement annuity upon or after |
| 21 | | attainment of age 60.
A member who has at least 5 but less than |
| 22 | | 10 years of creditable service is
entitled to a retirement |
| 23 | | annuity upon or after attainment of age 62.
A member who (i) |
| 24 | | has earned during the period immediately preceding the last
|
| 25 | | day of service at least one year of contributing creditable |
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| 1 | | service as an
employee of a department as defined in Section |
| 2 | | 14-103.04, (ii) has earned at
least 5 years of contributing |
| 3 | | creditable service as an employee of a department
as defined |
| 4 | | in Section 14-103.04, and (iii) retires on or after January 1, |
| 5 | | 2001
is entitled to a retirement annuity upon or after |
| 6 | | attainment of an age which,
when added to the number of years |
| 7 | | of his or her total creditable service,
equals at least 85. |
| 8 | | Portions of years shall be counted as decimal equivalents.
|
| 9 | | A member who is eligible to receive a retirement annuity |
| 10 | | of at least 74.6% of
final average salary and will attain age |
| 11 | | 55 on or before December 31 during the
year which commences on |
| 12 | | July 1 shall be deemed to attain age 55 on the
preceding June |
| 13 | | 1.
|
| 14 | | A member meeting the above eligibility conditions is |
| 15 | | entitled to a retirement
annuity upon written application to |
| 16 | | the board setting forth the date the member
wishes the |
| 17 | | retirement annuity to commence. However, the effective date of |
| 18 | | the
retirement annuity shall be no earlier than the day |
| 19 | | following the last day of
creditable service, regardless of |
| 20 | | the date of official termination of
employment; however, upon
|
| 21 | | written application within 6 months after the effective date
|
| 22 | | of the changes made to this Section by this amendatory Act of |
| 23 | | the 103rd General Assembly by a
member or annuitant, the |
| 24 | | creditable service and earnings
received in the last fiscal |
| 25 | | year of employment may be
disregarded when determining the |
| 26 | | retirement effective date and the retirement benefit except |
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| 1 | | that the effective date of a retirement annuity may be after |
| 2 | | the date of official termination of employment as long as such |
| 3 | | employment is for (1) less than 10 days in length; and (2) less |
| 4 | | than $2,500 $2,000 in creditable earnings; and (3) the last |
| 5 | | fiscal year of
employment includes only a fiscal year |
| 6 | | beginning on or after
July 1, 2016 and ending before June |
| 7 | | 30,2023 compensation. The
retirement effective date may not, |
| 8 | | as a result of the
application of this amendatory Act of the |
| 9 | | 103rd General
Assembly, be earlier than July 1, 2016.
|
| 10 | | To be eligible for a retirement annuity, a member shall |
| 11 | | not be employed
as a teacher in the schools included under this |
| 12 | | System or under Article 17,
except (i) as provided in Section |
| 13 | | 16-118 or 16-150.1, (ii) if
the member is disabled (in which |
| 14 | | event, eligibility for salary must cease),
or (iii) if the |
| 15 | | System is required by federal law to commence
payment due to |
| 16 | | the member's age; the changes to this sentence made by this
|
| 17 | | amendatory Act of the 93rd General Assembly apply without
|
| 18 | | regard to whether the member terminated employment before or |
| 19 | | after its
effective date.
|
| 20 | | (Source: P.A. 102-871, eff. 5-13-22.)
|
| 21 | | (40 ILCS 5/2-105.1 rep.) |
| 22 | | (40 ILCS 5/2-105.2 rep.) |
| 23 | | Section 5-88. The Illinois Pension Code is amended by |
| 24 | | repealing Sections 2-105.1 and 2-105.2.
|
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| 1 | | Section 5-89. The Innovation Development and Economy Act |
| 2 | | is amended by changing Sections 20, 30, and 50 as follows:
|
| 3 | | (50 ILCS 470/20)
|
| 4 | | Sec. 20. Approval of STAR bond projects. The governing |
| 5 | | body of a political subdivision may establish one or more STAR |
| 6 | | bond projects in any STAR bond district. A STAR bond project |
| 7 | | which is partially outside the boundaries of a municipality |
| 8 | | must also be approved by the governing body of the county by |
| 9 | | resolution. |
| 10 | | (a) After the establishment of a STAR bond district, the |
| 11 | | master developer may propose one or more STAR bond projects to |
| 12 | | a political subdivision and the master developer shall, in |
| 13 | | cooperation with the political subdivision, prepare a STAR |
| 14 | | bond project plan in consultation with the planning commission |
| 15 | | of the political subdivision, if any. The STAR bond project |
| 16 | | plan may be implemented in separate development stages.
|
| 17 | | (b) Any political subdivision considering a STAR bond |
| 18 | | project within a STAR bond district shall notify the |
| 19 | | Department, which shall cause to be prepared an independent |
| 20 | | feasibility study by a feasibility consultant with certified |
| 21 | | copies provided to the political subdivision, the Director, |
| 22 | | and the Department of Commerce and Economic Opportunity. The |
| 23 | | feasibility study shall include the following: |
| 24 | | (1) the estimated amount of pledged STAR revenues |
| 25 | | expected to be collected in each year through the maturity |
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| 1 | | date of the proposed STAR bonds;
|
| 2 | | (2) a statement of how the jobs and taxes obtained |
| 3 | | from the STAR bond project will contribute significantly |
| 4 | | to the economic development of the State and region;
|
| 5 | | (3) visitation expectations;
|
| 6 | | (4) the unique quality of the project; |
| 7 | | (5) an economic impact study;
|
| 8 | | (6) a market study;
|
| 9 | | (7) integration and collaboration with other resources |
| 10 | | or businesses;
|
| 11 | | (8) the quality of service and experience provided, as |
| 12 | | measured against national consumer standards for the |
| 13 | | specific target market;
|
| 14 | | (9) project accountability, measured according to best |
| 15 | | industry practices;
|
| 16 | | (10) the expected return on State and local investment |
| 17 | | that the STAR bond project is anticipated to produce; and
|
| 18 | | (11) an anticipated principal and interest payment |
| 19 | | schedule on the STAR bonds.
|
| 20 | | The feasibility consultant, along with the independent |
| 21 | | economist and any other consultants commissioned to perform |
| 22 | | the studies and other analysis required by the feasibility |
| 23 | | study, shall be selected by the Director with the approval of |
| 24 | | the political subdivision. The consultants shall be retained |
| 25 | | by the
Director and the Department shall be reimbursed by the |
| 26 | | master
developer for the costs to retain the consultants. |
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| 1 | | The failure to include all information enumerated in this |
| 2 | | subsection in the feasibility study for a STAR bond project |
| 3 | | shall not affect the validity of STAR bonds issued pursuant to |
| 4 | | this Act.
|
| 5 | | (c) If the political subdivision determines the STAR bond |
| 6 | | project is feasible, the STAR bond project plan shall include: |
| 7 | | (1) a summary of the feasibility study;
|
| 8 | | (2) a reference to the STAR bond district plan that |
| 9 | | identifies the STAR bond project area that is set forth in |
| 10 | | the STAR bond project plan that is being considered;
|
| 11 | | (3) a legal description and map of the STAR bond |
| 12 | | project area to be developed or redeveloped;
|
| 13 | | (4) a description of the buildings and facilities |
| 14 | | proposed to be constructed or improved in such STAR bond |
| 15 | | project area, including destination users and an |
| 16 | | entertainment user, as applicable; |
| 17 | | (5) a copy of letters of intent to locate within the |
| 18 | | STAR bond district signed by both the master developer and |
| 19 | | the appropriate corporate officer of at least one |
| 20 | | destination user for the first STAR bond project proposed |
| 21 | | within the district; and |
| 22 | | (6) any other information the governing body of the |
| 23 | | political subdivision deems reasonable and necessary to |
| 24 | | advise the public of the intent of the STAR bond project |
| 25 | | plan. |
| 26 | | (d) Before a political subdivision may hold a public
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| 1 | | hearing to consider a STAR bond project plan, the political |
| 2 | | subdivision must apply to the Department for approval of the |
| 3 | | STAR
bond project plan. An application for approval of a STAR |
| 4 | | bond
project plan must not be approved unless all of the |
| 5 | | components of
the feasibility study set forth in items (1) |
| 6 | | through (11) of subsection
(b) have been completed and |
| 7 | | submitted to the Department for
review. In addition to |
| 8 | | reviewing all of the other elements of the
STAR bond project |
| 9 | | plan required under subsection (c), which must
be included in |
| 10 | | the application (which plan must include a letter or
letters |
| 11 | | of intent as required under subdivision (c)(5) in order to
|
| 12 | | receive Director approval), the Director must review the |
| 13 | | feasibility
study and consider all of the components of the |
| 14 | | feasibility study set
forth in items (1) through (11) of |
| 15 | | subsection (b) of Section 20,
including without limitation the |
| 16 | | economic impact study and the
financial benefit of the |
| 17 | | proposed STAR bond project to the local,
regional, and State |
| 18 | | economies, the proposed adverse impacts on
similar businesses |
| 19 | | and projects as well as municipalities within the
market area, |
| 20 | | and the net effect of the proposed STAR bond project
on the |
| 21 | | local, regional, and State economies. In addition to the
|
| 22 | | economic impact study, the political subdivision must also |
| 23 | | submit to
the Department, as part of its application, the |
| 24 | | financial and other
information that substantiates the basis |
| 25 | | for the conclusion of the
economic impact study, in the form |
| 26 | | and manner as required by the
Department, so that the |
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| 1 | | Department can verify the results of the
study. In addition to |
| 2 | | any other criteria in this subsection, to approve
the STAR |
| 3 | | bond project plan, the Director must be satisfied that the
|
| 4 | | proposed destination user is in fact a true destination user |
| 5 | | and also
find that the STAR bond project plan is in accordance |
| 6 | | with the
purpose of this Act and the public interest. The |
| 7 | | Director shall either
approve or deny the STAR bond project |
| 8 | | plan based on the criteria in
this subsection. In granting its |
| 9 | | approval, the Department may require the political subdivision |
| 10 | | to execute a binding agreement or memorandum of understanding |
| 11 | | with the State. The terms of the agreement or memorandum may |
| 12 | | include, among other things, the political subdivision's |
| 13 | | repayment of the State sales tax increment distributed to it |
| 14 | | should any violation of the agreement or memorandum or this |
| 15 | | Act occur. |
| 16 | | (e) Upon a finding by the planning and zoning commission |
| 17 | | of the political subdivision that the STAR bond project plan |
| 18 | | is consistent with the intent of the comprehensive plan for |
| 19 | | the development of the political subdivision and upon issuance |
| 20 | | of written approval of the STAR bond project plan from the |
| 21 | | Director pursuant to subsection (d) of Section 20, the |
| 22 | | governing body of the political subdivision shall adopt a |
| 23 | | resolution stating that the political subdivision is |
| 24 | | considering the adoption of the STAR bond project plan. The |
| 25 | | resolution shall:
|
| 26 | | (1) give notice that a public hearing will be held to |
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| 1 | | consider the adoption of the STAR bond project plan and |
| 2 | | fix the date, hour, and place of the public hearing;
|
| 3 | | (2) describe the general boundaries of the STAR bond |
| 4 | | district within which the STAR bond project will be |
| 5 | | located and the date of establishment of the STAR bond |
| 6 | | district;
|
| 7 | | (3) describe the general boundaries of the area |
| 8 | | proposed to be included within the STAR bond project area;
|
| 9 | | (4) provide that the STAR bond project plan and map of |
| 10 | | the area to be redeveloped or developed are available for |
| 11 | | inspection during regular office hours in the offices of |
| 12 | | the political subdivision; and
|
| 13 | | (5) contain a summary of the terms and conditions of |
| 14 | | any proposed project development agreement with the |
| 15 | | political subdivision.
|
| 16 | | (f) A public hearing shall be conducted to consider the |
| 17 | | adoption of any STAR bond project plan. |
| 18 | | (1) The date fixed for the public hearing to consider |
| 19 | | the adoption of the STAR bond project plan shall be not |
| 20 | | less than 20 nor more than 90 days following the date of |
| 21 | | the adoption of the resolution fixing the date of the |
| 22 | | hearing.
|
| 23 | | (2) A copy of the political subdivision's resolution |
| 24 | | providing for the public hearing shall be sent by |
| 25 | | certified mail, return receipt requested, to the governing |
| 26 | | body of the county. A copy of the political subdivision's |
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| 1 | | resolution providing for the public hearing shall be sent |
| 2 | | by certified mail, return receipt requested, to each |
| 3 | | person or persons in whose name the general taxes for the |
| 4 | | last preceding year were paid on each parcel of land lying |
| 5 | | within the proposed STAR bond project area within 10 days |
| 6 | | following the date of the adoption of the resolution. The |
| 7 | | resolution shall be published once in a newspaper of |
| 8 | | general circulation in the political subdivision not less |
| 9 | | than one week nor more than 3 weeks preceding the date |
| 10 | | fixed for the public hearing. A map or aerial photo |
| 11 | | clearly delineating the area of land proposed to be |
| 12 | | included within the STAR bond project area shall be |
| 13 | | published with the resolution.
|
| 14 | | (3) The hearing shall be held at a location that is |
| 15 | | within 20 miles of the STAR bond district, in a facility |
| 16 | | that can accommodate a large crowd, and in a facility that |
| 17 | | is accessible to persons with disabilities. |
| 18 | | (4) At the public hearing, a representative of the |
| 19 | | political subdivision or master developer shall present |
| 20 | | the STAR bond project plan. Following the presentation of |
| 21 | | the STAR bond project plan, all interested persons shall |
| 22 | | be given an opportunity to be heard. The governing body |
| 23 | | may continue the date and time of the public hearing.
|
| 24 | | (g) Upon conclusion of the public hearing, the governing |
| 25 | | body of the political subdivision may adopt the STAR bond |
| 26 | | project plan by a resolution approving the STAR bond project |
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| 1 | | plan.
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| 2 | | (h) After the adoption by the corporate authorities of the |
| 3 | | political subdivision of a STAR bond project plan, the |
| 4 | | political subdivision may enter into a project development |
| 5 | | agreement if the master developer has requested the political |
| 6 | | subdivision to be a party to the project development agreement |
| 7 | | pursuant to subsection (b) of Section 25.
|
| 8 | | (i) Within 30 days after the adoption by the political |
| 9 | | subdivision of a STAR bond project plan, the clerk of the |
| 10 | | political subdivision shall transmit a copy of the legal |
| 11 | | description of the land and a list of all new and existing |
| 12 | | mailing addresses within the STAR bond district, a copy of the |
| 13 | | resolution adopting the STAR bond project plan, and a map or |
| 14 | | plat indicating the boundaries of the STAR bond project area |
| 15 | | to the clerk, treasurer, and governing body of the county and |
| 16 | | to the Department of Revenue. Within 30 days of creation of any |
| 17 | | new mailing addresses within a STAR bond district, the clerk |
| 18 | | of the political subdivision shall provide written notice of |
| 19 | | such new addresses to the Department of Revenue. |
| 20 | | If a certified copy of the resolution adopting the STAR |
| 21 | | bond project plan is filed with the Department on or before the |
| 22 | | first day of April, the Department, if all other requirements |
| 23 | | of this subsection are met, shall proceed to collect and |
| 24 | | allocate any local sales tax increment and any State sales tax |
| 25 | | increment in accordance with the provisions of this Act as of |
| 26 | | the first day of July next following the adoption and filing. |
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| 1 | | If a certified copy of the resolution adopting the STAR bond |
| 2 | | project plan is filed with the Department after April 1 but on |
| 3 | | or before the first day of October, the Department, if all |
| 4 | | other requirements of this subsection are met, shall proceed |
| 5 | | to collect and allocate any local sales tax increment and any |
| 6 | | State sales tax increment in accordance with the provisions of |
| 7 | | this Act as of the first day of January next following the |
| 8 | | adoption and filing. |
| 9 | | Any substantial changes to a STAR bond project plan as |
| 10 | | adopted shall be subject to a public hearing following |
| 11 | | publication of notice thereof in a newspaper of general |
| 12 | | circulation in the political subdivision and approval by |
| 13 | | resolution of the governing body of the political subdivision. |
| 14 | | The Department of Revenue shall not collect or allocate |
| 15 | | any local sales tax increment or State sales tax increment |
| 16 | | until the political subdivision also provides, in the manner |
| 17 | | prescribed by the Department, the boundaries of the STAR bond |
| 18 | | project area and each address in the STAR bond project area in |
| 19 | | such a way that the Department can determine by its address |
| 20 | | whether a business is located in the STAR bond project area. |
| 21 | | The political subdivision must provide this boundary and |
| 22 | | address information to the Department on or before April 1 for |
| 23 | | administration and enforcement under this Act by the |
| 24 | | Department beginning on the following July 1 and on or before |
| 25 | | October 1 for administration and enforcement under this Act by |
| 26 | | the Department beginning on the following January 1. The |
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| 1 | | Department of Revenue shall not administer or enforce any |
| 2 | | change made to the boundaries of a STAR bond project or any |
| 3 | | address change, addition, or deletion until the political |
| 4 | | subdivision reports the boundary change or address change, |
| 5 | | addition, or deletion to the Department in the manner |
| 6 | | prescribed by the Department. The political subdivision must |
| 7 | | provide this boundary change or address change, addition, or |
| 8 | | deletion information to the Department on or before April 1 |
| 9 | | for administration and enforcement by the Department of the |
| 10 | | change, addition, or deletion beginning on the following July |
| 11 | | 1 and on or before October 1 for administration and |
| 12 | | enforcement by the Department of the change, addition, or |
| 13 | | deletion beginning on the following January 1. If a retailer |
| 14 | | is incorrectly included or excluded from the list of those |
| 15 | | located in the STAR bond project, the Department of Revenue |
| 16 | | shall be held harmless if it reasonably relied on information |
| 17 | | provided by the political subdivision. |
| 18 | | (j) Any STAR bond project must be approved by the |
| 19 | | political subdivision prior to that date which is 23 years |
| 20 | | from the date of the approval of the STAR bond district, |
| 21 | | provided however that any amendments to such STAR bond project |
| 22 | | may occur following such date.
|
| 23 | | (k) Any developer of a STAR bond project shall commence |
| 24 | | work on the STAR bond project within 3 years from the date of |
| 25 | | adoption of the STAR bond project plan. If the developer fails |
| 26 | | to commence work on the STAR bond project within the 3-year |
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| 1 | | period, funding for the project shall cease and the developer |
| 2 | | of the project or complex shall have one year to appeal to the |
| 3 | | political subdivision for reapproval of the project and |
| 4 | | funding. If the project is reapproved, the 3-year period for |
| 5 | | commencement shall begin again on the date of the reapproval.
|
| 6 | | (l) After the adoption by the corporate authorities of the |
| 7 | | political subdivision of a STAR bond project plan and approval |
| 8 | | of the Director pursuant to subsection (d) of Section 20, the |
| 9 | | political subdivision may authorize the issuance of the STAR |
| 10 | | bonds in one or more series to finance the STAR bond project in |
| 11 | | accordance with the provisions of this Act. |
| 12 | | (m) The maximum maturity of STAR bonds issued to finance a |
| 13 | | STAR bond project shall not exceed 23 years from the first date |
| 14 | | of distribution of State sales tax revenues from such STAR |
| 15 | | bond project to the political subdivision unless the political |
| 16 | | subdivision extends such maturity by resolution up to a |
| 17 | | maximum of 35 years from such first distribution date. Any |
| 18 | | such extension shall require the approval of the Director. In |
| 19 | | no event shall the maximum maturity date for any STAR bonds |
| 20 | | exceed that date which is 35 years from the first distribution |
| 21 | | date of the first STAR bonds issued in a STAR bond district.
|
| 22 | | (Source: P.A. 96-939, eff. 6-24-10.)
|
| 23 | | (50 ILCS 470/30)
|
| 24 | | Sec. 30. STAR bonds; source of payment. Any political |
| 25 | | subdivision shall have the power to issue STAR bonds in one or |
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| 1 | | more series to finance the undertaking of any STAR bond |
| 2 | | project in accordance with the provisions of this Act and the |
| 3 | | Omnibus Bond Acts. STAR bonds may be issued as revenue bonds, |
| 4 | | alternate bonds, or general obligation bonds as defined in and |
| 5 | | subject to the procedures provided in the Local Government |
| 6 | | Debt Reform Act. |
| 7 | | (a) STAR bonds may be made payable, both as to principal |
| 8 | | and interest, from the following revenues, which to the extent |
| 9 | | pledged by each respective political subdivision or other |
| 10 | | public entity for such purpose shall constitute pledged STAR |
| 11 | | revenues:
|
| 12 | | (1) revenues of the political subdivision derived from |
| 13 | | or held in connection with the undertaking and carrying |
| 14 | | out of any STAR bond project or projects under this Act;
|
| 15 | | (2) available private funds and contributions, grants, |
| 16 | | tax credits, or other financial assistance from the State |
| 17 | | or federal government;
|
| 18 | | (3) STAR bond occupation taxes created pursuant to |
| 19 | | Section 31 and designated as pledged STAR revenues by the |
| 20 | | political subdivision; |
| 21 | | (4) all of the local sales tax increment of a |
| 22 | | municipality, county, or other unit of local government;
|
| 23 | | (5) any special service area taxes collected within |
| 24 | | the STAR bond district under the Special Service Area Tax |
| 25 | | Act, may be used for the purposes of funding project costs |
| 26 | | or paying debt service on STAR bonds in addition to the |
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| 1 | | purposes contained in the special service area plan;
|
| 2 | | (6) all of the State sales tax increment; |
| 3 | | (7) any other revenues appropriated by the political |
| 4 | | subdivision; and |
| 5 | | (8) any combination of these methods.
|
| 6 | | (b) The political subdivision may pledge the pledged STAR |
| 7 | | revenues to the repayment of STAR bonds prior to, |
| 8 | | simultaneously with, or subsequent to the issuance of the STAR |
| 9 | | bonds.
|
| 10 | | (c) Bonds issued as revenue bonds shall not be general |
| 11 | | obligations of the political subdivision, nor in any event |
| 12 | | shall they give rise to a charge against its general credit or |
| 13 | | taxing powers, or be payable out of any funds or properties |
| 14 | | other than those set forth in subsection (a) and the bonds |
| 15 | | shall so state on their face.
|
| 16 | | (d) For each STAR bond project financed with STAR bonds |
| 17 | | payable from the pledged STAR revenues, the political |
| 18 | | subdivision shall prepare and submit to the Department of |
| 19 | | Revenue by June 1 of each year a report describing the status |
| 20 | | of the STAR bond project, any expenditures of the proceeds of |
| 21 | | STAR bonds that have occurred for the preceding calendar year, |
| 22 | | and any expenditures of the proceeds of the bonds expected to |
| 23 | | occur in the future, including the amount of pledged STAR |
| 24 | | revenue, the amount of revenue that has been spent, the |
| 25 | | projected amount of the revenue, and the anticipated use of |
| 26 | | the revenue.
Each annual report shall be accompanied by an |
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| 1 | | affidavit of the master developer certifying the contents of |
| 2 | | the report as true to the best of the master developer's |
| 3 | | knowledge. The Department of Revenue shall have the right, but |
| 4 | | not the obligation, to request the Illinois Auditor General to |
| 5 | | review the annual report and the political subdivision's |
| 6 | | records containing the source information for the report for |
| 7 | | the purpose of verifying the report's contents. If the |
| 8 | | Illinois Auditor General declines the request for review, the |
| 9 | | Department of Revenue shall have the right to select an |
| 10 | | independent third-party auditor to conduct an audit of the |
| 11 | | annual report and the political subdivision's records |
| 12 | | containing the source information for the report. The |
| 13 | | reasonable cost of the audit shall be paid by the master |
| 14 | | developer. The master development agreement shall grant the |
| 15 | | Department of Revenue and the Illinois Auditor General the |
| 16 | | right to review the records of the political subdivision |
| 17 | | containing the source information for the report. |
| 18 | | (e) There is created in the State treasury a special fund |
| 19 | | to be known as the STAR Bonds Revenue Fund. As soon as possible |
| 20 | | after the first day of each month, beginning January 1, 2011, |
| 21 | | upon certification of the Department of Revenue, the |
| 22 | | Comptroller shall order transferred, and the Treasurer shall |
| 23 | | transfer, from the General Revenue Fund to the STAR Bonds |
| 24 | | Revenue Fund the State sales tax increment for the second |
| 25 | | preceding month, less 3% of that amount, which shall be |
| 26 | | transferred into the Tax Compliance and Administration Fund |
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| 1 | | and shall be used by the Department, subject to appropriation, |
| 2 | | to cover the costs of the Department in administering the |
| 3 | | Innovation Development and Economy Act. As soon as possible |
| 4 | | after the first day of each month, beginning January 1, 2011, |
| 5 | | upon certification of the Department of Revenue, the |
| 6 | | Comptroller shall order transferred, and the Treasurer shall |
| 7 | | transfer, from the Local Government Tax Fund to the STAR Bonds |
| 8 | | Revenue Fund the local sales tax increment for the second |
| 9 | | preceding month, as provided in Section 6z-18 of the State |
| 10 | | Finance Act and from the County and Mass Transit District Fund |
| 11 | | to the STAR Bonds Revenue Fund the local sales tax increment |
| 12 | | for the second preceding month, as provided in Section 6z-20 |
| 13 | | of the State Finance Act. |
| 14 | | On or before the 25th day of each calendar month, |
| 15 | | beginning on January 1, 2011, the Department shall prepare and |
| 16 | | certify to the Comptroller the disbursement of stated sums of |
| 17 | | money out of the STAR Bonds Revenue Fund to named |
| 18 | | municipalities and counties, the municipalities and counties |
| 19 | | to be those entitled to distribution of taxes or penalties |
| 20 | | paid to the Department during the second preceding calendar |
| 21 | | month. The amount to be paid to each municipality or county |
| 22 | | shall be the amount of the State sales tax increment and the |
| 23 | | local sales tax increment (not including credit memoranda or |
| 24 | | the amount transferred into the Tax Compliance and |
| 25 | | Administration Fund) collected during the second preceding |
| 26 | | calendar month by the Department from retailers and servicemen |
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| 1 | | on transactions at places of business located within a STAR |
| 2 | | bond district in that municipality or county, plus an amount |
| 3 | | the Department determines is necessary to offset any amounts |
| 4 | | which were erroneously paid to a different taxing body, and |
| 5 | | not including an amount equal to the amount of refunds made |
| 6 | | during the second preceding calendar month by the Department, |
| 7 | | and not including any amount which the Department determines |
| 8 | | is necessary to offset any amounts which are payable to a |
| 9 | | different taxing body but were erroneously paid to the |
| 10 | | municipality or county. Within 10 days after receipt, by the |
| 11 | | Comptroller, of the disbursement certification to the |
| 12 | | municipalities and counties, provided for in this Section to |
| 13 | | be given to the Comptroller by the Department, the Comptroller |
| 14 | | shall cause the orders to be drawn for the respective amounts |
| 15 | | in accordance with the directions contained in such |
| 16 | | certification. |
| 17 | | When certifying the amount of monthly disbursement to a |
| 18 | | municipality or county under this subsection, the Department |
| 19 | | shall increase or decrease that amount by an amount necessary |
| 20 | | to offset any misallocation of previous disbursements. The |
| 21 | | offset amount shall be the amount erroneously disbursed within |
| 22 | | the 6 months preceding the time a misallocation is discovered. |
| 23 | | The corporate authorities of the political subdivision |
| 24 | | shall deposit the proceeds for the STAR Bonds Revenue Fund |
| 25 | | into a special fund of the political subdivision called the |
| 26 | | "(Name of political subdivision) STAR Bond District Revenue |
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| 1 | | Fund" for the purpose of paying or reimbursing STAR bond |
| 2 | | project costs and obligations incurred in the payment of those |
| 3 | | costs. |
| 4 | | If the political subdivision fails to issue STAR bonds |
| 5 | | within 180 days after the first distribution to the political |
| 6 | | subdivision from the STAR Bonds Revenue Fund, the Department |
| 7 | | of Revenue shall cease distribution of the State sales tax |
| 8 | | increment to the political subdivision, shall transfer any |
| 9 | | State sales tax increment in the STAR Bonds Revenue Fund to the |
| 10 | | General Revenue Fund, and shall cease deposits of State sales |
| 11 | | tax increment amounts into the STAR Bonds Revenue Fund. The |
| 12 | | political subdivision shall repay all of the State sales tax |
| 13 | | increment distributed to the political subdivision to date, |
| 14 | | which amounts shall be deposited into the General Revenue |
| 15 | | Fund. If not repaid within 90 days after notice from the State, |
| 16 | | the Department of Revenue shall withhold distributions to the |
| 17 | | political subdivision from the Local Government Tax Fund until |
| 18 | | the excess amount is repaid, which withheld amounts shall be |
| 19 | | transferred to the General Revenue Fund. At such time as the |
| 20 | | political subdivision notifies the Department of Revenue in |
| 21 | | writing that it has issued STAR Bonds in accordance with this |
| 22 | | Act and provides the Department with a copy of the political |
| 23 | | subdivision's official statement, bond purchase agreements, |
| 24 | | indenture, or other evidence of bond sale, the Department of |
| 25 | | Revenue shall resume deposits of the State sales tax increment |
| 26 | | into the STAR Bonds Revenue Fund and distribution of the State |
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| 1 | | sales tax increment to the political subdivision in accordance |
| 2 | | with this Section. |
| 3 | | (f) As of the seventh anniversary of the first date of |
| 4 | | distribution of State sales tax revenues from the first STAR |
| 5 | | bond project in the STAR bond district, and as of every fifth |
| 6 | | anniversary thereafter until final maturity of all STAR bonds |
| 7 | | issued in a STAR bond district, the portion of the aggregate |
| 8 | | proceeds of STAR bonds issued to date that is derived from the |
| 9 | | State sales tax increment pledged to pay STAR bonds in any STAR |
| 10 | | bond district shall not exceed 50% of the total development |
| 11 | | costs in the STAR bond district to date. The Illinois Auditor |
| 12 | | General shall make the foregoing determination on said seventh |
| 13 | | anniversary and every 5 years thereafter until final maturity |
| 14 | | of all STAR bonds issued in a STAR bond district. If at any |
| 15 | | time after the seventh anniversary of the first date of |
| 16 | | distribution of State sales tax revenues from the first STAR |
| 17 | | bond project in the STAR bond district the Illinois Auditor |
| 18 | | General determines that the portion of the aggregate proceeds |
| 19 | | of STAR bonds issued to date that is derived from the State |
| 20 | | sales tax increment pledged to pay STAR bonds in any STAR bond |
| 21 | | district has exceeded 50% of the total development costs in |
| 22 | | the STAR bond district, no additional STAR bonds may be issued |
| 23 | | in the STAR bond district until the percentage is reduced to |
| 24 | | 50% or below. When the percentage has been reduced to 50% or |
| 25 | | below, the master developer shall have the right, at its own |
| 26 | | cost, to obtain a new audit prepared by an independent |
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| 1 | | third-party auditor verifying compliance and shall provide |
| 2 | | such audit to the Illinois Auditor General for review and |
| 3 | | approval. Upon the Illinois Auditor General's determination |
| 4 | | from the audit that the percentage has been reduced to 50% or |
| 5 | | below, STAR bonds may again be issued in the STAR bond |
| 6 | | district. |
| 7 | | (g) Notwithstanding the provisions of the Tax Increment |
| 8 | | Allocation Redevelopment Act, if any portion of property taxes |
| 9 | | attributable to the increase in equalized assessed value |
| 10 | | within a STAR bond district are, at the time of formation of |
| 11 | | the STAR bond district, already subject to tax increment |
| 12 | | financing under the Tax Increment Allocation Redevelopment |
| 13 | | Act, then the tax increment for such portion shall be frozen at |
| 14 | | the base year established in accordance with this Act, and all |
| 15 | | future incremental increases over the base year shall not be |
| 16 | | subject to tax increment financing under the Tax Increment |
| 17 | | Allocation Redevelopment Act. Any party otherwise entitled to |
| 18 | | receipt of incremental tax revenues through an existing tax |
| 19 | | increment financing district shall be entitled to continue to |
| 20 | | receive such revenues up to the amount frozen in the base year. |
| 21 | | Nothing in this Act shall affect the prior qualification of |
| 22 | | existing redevelopment project costs incurred that are |
| 23 | | eligible for reimbursement under the Tax Increment Allocation |
| 24 | | Redevelopment Act. In such event, prior to approving a STAR |
| 25 | | bond district, the political subdivision forming the STAR bond |
| 26 | | district shall take such action as is necessary, including |
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| 1 | | amending the existing tax increment financing district |
| 2 | | redevelopment plan, to carry out the provisions of this Act.
|
| 3 | | (Source: P.A. 96-939, eff. 6-24-10.)
|
| 4 | | (50 ILCS 470/50)
|
| 5 | | Sec. 50. Reporting taxes. Notwithstanding any other |
| 6 | | provisions of law to the contrary, the Department of Revenue |
| 7 | | shall provide a certified report of the State sales tax |
| 8 | | increment and local sales tax increment from all taxpayers |
| 9 | | within a STAR bond district to the bond trustee, escrow agent, |
| 10 | | or paying agent for such bonds upon the written request of the |
| 11 | | political subdivision on or before the 25th day of each month. |
| 12 | | Such report shall provide a detailed allocation of State sales |
| 13 | | tax increment and local sales tax increment from each local |
| 14 | | sales tax and State sales tax reported to the Department of |
| 15 | | Revenue. |
| 16 | | (a) The bond trustee, escrow agent, or paying agent shall |
| 17 | | keep such sales and use tax reports and the information |
| 18 | | contained therein confidential, but may use such information |
| 19 | | for purposes of allocating and depositing the sales and use |
| 20 | | tax revenues in connection with the bonds used to finance |
| 21 | | project costs in such STAR bond district. Except as otherwise |
| 22 | | provided herein, the sales and use tax reports received by the |
| 23 | | bond trustee, escrow agent, or paying agent shall be subject |
| 24 | | to the provisions of Chapter 35 of the Illinois Compiled |
| 25 | | Statutes, including Section 3 of the Retailers' Occupation Tax |
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| 1 | | Act and Section 9 of the Use Tax Act. |
| 2 | | (b) The political subdivision shall determine when the |
| 3 | | amount of sales tax and other revenues that have been |
| 4 | | collected and distributed to the bond debt service or reserve |
| 5 | | fund is sufficient to satisfy all principal and interest costs |
| 6 | | to the maturity date or dates of any STAR bond issued by a |
| 7 | | political subdivision to finance a STAR bond project and shall |
| 8 | | give the Department of Revenue written notice of such |
| 9 | | determination. The notice shall include a date certain on |
| 10 | | which deposits into the STAR Bonds Revenue Fund for that STAR |
| 11 | | bond project shall terminate and shall be provided to the |
| 12 | | Department of Revenue at least 60 days prior to that date. |
| 13 | | Thereafter, all sales tax and other revenues shall be |
| 14 | | collected and distributed in accordance with applicable law.
|
| 15 | | If the political subdivision fails to give timely notice |
| 16 | | under this subsection (b), the Department of Revenue, upon |
| 17 | | discovery of this failure, shall cease distribution of the |
| 18 | | State sales tax increment to the political subdivision, shall |
| 19 | | transfer any State sales tax increment in the STAR Bonds |
| 20 | | Revenue Fund to the General Revenue Fund, and shall cease |
| 21 | | deposits of State sales tax increment amounts into the STAR |
| 22 | | Bonds Revenue Fund. Any amount of State sales tax increment |
| 23 | | distributed to the political subdivision from the STAR Bonds |
| 24 | | Revenue Fund in excess of the amount sufficient to satisfy all |
| 25 | | principal and interest costs to the maturity date or dates of |
| 26 | | any STAR bond issued by the political subdivision to finance a |
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| 1 | | STAR bond project shall be repaid to the Department of Revenue |
| 2 | | and deposited into the General Revenue Fund. If not repaid |
| 3 | | within 90 days after notice from the State, the Department of |
| 4 | | Revenue shall withhold distributions to the political |
| 5 | | subdivision from the Local Government Tax Fund until the |
| 6 | | excess amount is repaid, which withheld amounts shall be |
| 7 | | transferred to the General Revenue Fund. |
| 8 | | (Source: P.A. 96-939, eff. 6-24-10.)
|
| 9 | | Section 5-90. The Illinois Police Training Act is amended |
| 10 | | by changing Section 6 as follows:
|
| 11 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
|
| 12 | | Sec. 6. Powers and duties of the Board; selection and |
| 13 | | certification of schools. The Board shall select
and certify |
| 14 | | schools within the State of
Illinois for the purpose of |
| 15 | | providing basic training for probationary law enforcement
|
| 16 | | officers, probationary county corrections officers, and
court |
| 17 | | security officers and
of providing advanced or in-service |
| 18 | | training for permanent law enforcement officers
or permanent
|
| 19 | | county corrections officers, which schools may be either |
| 20 | | publicly or
privately owned and operated. In addition, the |
| 21 | | Board has the following
power and duties:
|
| 22 | | a. To require law enforcement agencies to furnish such |
| 23 | | reports and
information as the Board deems necessary to |
| 24 | | fully implement this Act.
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| 1 | | b. To establish appropriate mandatory minimum |
| 2 | | standards
relating to the training of probationary local |
| 3 | | law enforcement officers
or probationary county |
| 4 | | corrections officers, and in-service training of permanent |
| 5 | | law enforcement officers.
|
| 6 | | c. To provide appropriate certification to those |
| 7 | | probationary
officers who successfully complete the |
| 8 | | prescribed minimum standard basic
training course.
|
| 9 | | d. To review and approve annual training curriculum |
| 10 | | for county sheriffs.
|
| 11 | | e. To review and approve applicants to ensure that no |
| 12 | | applicant is admitted
to a certified academy unless the |
| 13 | | applicant is a person of good character
and has not been |
| 14 | | convicted of, found guilty of, entered a plea of guilty |
| 15 | | to, or entered a plea of nolo contendere to a felony |
| 16 | | offense, any of the
misdemeanors in Sections 11-1.50, |
| 17 | | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, |
| 18 | | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, |
| 19 | | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in |
| 20 | | violation of any Section of Part E of Title III of the |
| 21 | | Criminal Code of 1961 or the Criminal Code of 2012, or |
| 22 | | subsection (a) of Section 17-32 of the Criminal Code of |
| 23 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
| 24 | | the Cannabis Control Act, or a crime involving
moral
|
| 25 | | turpitude under the laws of this State or any other state |
| 26 | | which if
committed in this State would be punishable as a |
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| 1 | | felony or a crime of
moral turpitude, or any felony or |
| 2 | | misdemeanor in violation of federal law or the law of any |
| 3 | | state that is the equivalent of any of the offenses |
| 4 | | specified therein. The Board may appoint investigators who |
| 5 | | shall enforce
the duties conferred upon the Board by this |
| 6 | | Act.
|
| 7 | | For purposes of this paragraph e, a person is |
| 8 | | considered to have been convicted of, found guilty of, or |
| 9 | | entered a plea of guilty to, plea of nolo contendere to |
| 10 | | regardless of whether the adjudication of guilt or |
| 11 | | sentence is withheld or not entered thereon. This includes |
| 12 | | sentences of supervision, conditional discharge, or first |
| 13 | | offender probation, or any similar disposition provided |
| 14 | | for by law. |
| 15 | | f. To establish statewide standards for minimum |
| 16 | | standards regarding regular mental health screenings for |
| 17 | | probationary and permanent police officers, ensuring that |
| 18 | | counseling sessions and screenings remain confidential. |
| 19 | | g. To review and ensure all law enforcement officers |
| 20 | | remain in compliance with this Act, and any administrative |
| 21 | | rules adopted under this Act. |
| 22 | | h. To suspend any certificate for a definite period, |
| 23 | | limit or restrict any certificate, or revoke any |
| 24 | | certificate. |
| 25 | | i. The Board and the Panel shall have power to secure |
| 26 | | by its subpoena and bring before it any person or entity in |
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| 1 | | this State and to take testimony either orally or by |
| 2 | | deposition or both with the same fees and mileage and in |
| 3 | | the same manner as prescribed by law in judicial |
| 4 | | proceedings in civil cases in circuit courts of this |
| 5 | | State. The Board and the Panel shall also have the power to |
| 6 | | subpoena the production of documents, papers, files, |
| 7 | | books, documents, and records, whether in physical or |
| 8 | | electronic form, in support of the charges and for |
| 9 | | defense, and in connection with a hearing or |
| 10 | | investigation. |
| 11 | | j. The Executive Director, the administrative law |
| 12 | | judge designated by the Executive Director, and each |
| 13 | | member of the Board and the Panel shall have the power to |
| 14 | | administer oaths to witnesses at any hearing that the |
| 15 | | Board is authorized to conduct under this Act and any |
| 16 | | other oaths required or authorized to be administered by |
| 17 | | the Board under this Act. |
| 18 | | k. In case of the neglect or refusal of any person to |
| 19 | | obey a subpoena issued by the Board and the Panel, any |
| 20 | | circuit court, upon application of the Board and the |
| 21 | | Panel, through the Illinois Attorney General, may order |
| 22 | | such person to appear before the Board and the Panel give |
| 23 | | testimony or produce evidence, and any failure to obey |
| 24 | | such order is punishable by the court as a contempt |
| 25 | | thereof. This order may be served by personal delivery, by |
| 26 | | email, or by mail to the address of record or email address |
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| 1 | | of record. |
| 2 | | l. The Board shall have the power to administer state |
| 3 | | certification examinations. Any and all records related to |
| 4 | | these examinations, including, but not limited to, test |
| 5 | | questions, test formats, digital files, answer responses, |
| 6 | | answer keys, and scoring information shall be exempt from |
| 7 | | disclosure. |
| 8 | | m. To make grants, subject to appropriation, to units
|
| 9 | | of local government and public institutions of higher |
| 10 | | education for the purposes of hiring and retaining law |
| 11 | | enforcement officers. |
| 12 | | n. To make grants, subject to appropriation, to local
|
| 13 | | law enforcement agencies for costs associated with the |
| 14 | | expansion and support of National Integrated Ballistic |
| 15 | | Information Network (NIBIN) and other ballistic technology |
| 16 | | equipment for ballistic testing. |
| 17 | | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
| 18 | | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section |
| 19 | | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. |
| 20 | | 1-7-22; 102-1115, eff. 1-9-23.)
|
| 21 | | Section 5-92. The Metropolitan Pier and Exposition |
| 22 | | Authority Act is amended by changing Section 5 as follows:
|
| 23 | | (70 ILCS 210/5) (from Ch. 85, par. 1225) |
| 24 | | Sec. 5. The Metropolitan Pier and Exposition Authority |
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| 1 | | shall also have the
following rights and powers: |
| 2 | | (a) To accept from Chicago Park Fair, a corporation, |
| 3 | | an assignment of
whatever sums of money it may have |
| 4 | | received from the Fair and Exposition
Fund, allocated by |
| 5 | | the Department of Agriculture of the State of Illinois,
|
| 6 | | and Chicago Park Fair is hereby authorized to assign, set |
| 7 | | over and transfer
any of those funds to the Metropolitan |
| 8 | | Pier and Exposition Authority. The
Authority has the right |
| 9 | | and power hereafter to receive sums as may be
distributed |
| 10 | | to it by the Department of Agriculture of the State of |
| 11 | | Illinois
from the Fair and Exposition Fund pursuant to the |
| 12 | | provisions of Sections 5,
6i, and 28 of the State Finance |
| 13 | | Act. All sums received by the Authority
shall be held in |
| 14 | | the sole custody of the secretary-treasurer of the
|
| 15 | | Metropolitan Pier and Exposition Board. |
| 16 | | (b) To accept the assignment of, assume and execute |
| 17 | | any contracts
heretofore entered into by Chicago Park |
| 18 | | Fair. |
| 19 | | (c) To acquire, own, construct, equip, lease, operate |
| 20 | | and maintain
grounds, buildings and facilities to carry |
| 21 | | out its corporate purposes and
duties, and to carry out or |
| 22 | | otherwise provide for the recreational,
cultural, |
| 23 | | commercial or residential development of Navy Pier, and to |
| 24 | | fix
and collect just, reasonable and nondiscriminatory |
| 25 | | charges for the use
thereof. The charges so collected |
| 26 | | shall be made available to defray the
reasonable expenses |
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| 1 | | of the Authority and to pay the principal of and the
|
| 2 | | interest upon any revenue bonds issued by the Authority. |
| 3 | | The Authority
shall be subject to and comply with the Lake |
| 4 | | Michigan and Chicago Lakefront
Protection Ordinance, the |
| 5 | | Chicago Building Code, the Chicago Zoning
Ordinance, and |
| 6 | | all ordinances and regulations of the City of Chicago
|
| 7 | | contained in the following Titles of the Municipal Code of |
| 8 | | Chicago:
Businesses, Occupations and Consumer Protection; |
| 9 | | Health and Safety; Fire
Prevention; Public Peace, Morals |
| 10 | | and Welfare; Utilities
and Environmental Protection; |
| 11 | | Streets, Public Ways, Parks, Airports and
Harbors; |
| 12 | | Electrical Equipment and Installation; Housing and |
| 13 | | Economic
Development (only Chapter 5-4 thereof); and |
| 14 | | Revenue and Finance (only so far
as such Title pertains to |
| 15 | | the Authority's duty to collect taxes on behalf
of the |
| 16 | | City of Chicago). |
| 17 | | (d) To enter into contracts treating in any manner |
| 18 | | with the objects and
purposes of this Act. |
| 19 | | (e) To lease any buildings to the Adjutant General of |
| 20 | | the State of
Illinois for the use of the Illinois National |
| 21 | | Guard or the Illinois
Naval Militia. |
| 22 | | (f) To exercise the right of eminent domain by |
| 23 | | condemnation proceedings
in the manner provided by the |
| 24 | | Eminent Domain Act,
including, with respect to Site B |
| 25 | | only, the authority to exercise quick
take condemnation by |
| 26 | | immediate vesting of title under Article 20 of the Eminent |
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| 1 | | Domain Act, to acquire any privately
owned real or |
| 2 | | personal property and, with respect to Site B only, public
|
| 3 | | property used for rail transportation purposes (but no |
| 4 | | such taking of such
public property shall, in the |
| 5 | | reasonable judgment of the owner, interfere
with such rail |
| 6 | | transportation) for the lawful purposes of the Authority |
| 7 | | in
Site A, at Navy Pier, and at Site B. Just compensation |
| 8 | | for property taken
or acquired under this paragraph shall |
| 9 | | be paid in money or, notwithstanding
any other provision |
| 10 | | of this Act and with the agreement of the owner of the
|
| 11 | | property to be taken or acquired, the Authority may convey |
| 12 | | substitute
property or interests in property or enter into |
| 13 | | agreements with the
property owner, including leases, |
| 14 | | licenses, or concessions, with respect to
any property |
| 15 | | owned by the Authority, or may provide for other lawful |
| 16 | | forms
of just compensation to the owner. Any property |
| 17 | | acquired in condemnation
proceedings shall be used only as |
| 18 | | provided in this Act. Except as
otherwise provided by law, |
| 19 | | the City of Chicago shall have a right of first
refusal |
| 20 | | prior to any sale of any such property by the Authority to |
| 21 | | a third
party other than substitute property. The |
| 22 | | Authority shall develop and
implement a relocation plan |
| 23 | | for businesses displaced as a result of the
Authority's |
| 24 | | acquisition of property. The relocation plan shall be
|
| 25 | | substantially similar to provisions of the Uniform |
| 26 | | Relocation Assistance
and Real Property Acquisition Act |
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| 1 | | and regulations promulgated under that
Act relating to |
| 2 | | assistance to displaced businesses. To implement the
|
| 3 | | relocation plan the Authority may acquire property by |
| 4 | | purchase or gift or
may exercise the powers authorized in |
| 5 | | this subsection (f), except the
immediate vesting of title |
| 6 | | under Article 20 of the Eminent Domain Act, to acquire |
| 7 | | substitute private property within one mile
of Site B for |
| 8 | | the benefit of displaced businesses located on property |
| 9 | | being
acquired by the Authority. However, no such |
| 10 | | substitute property may be
acquired by the Authority |
| 11 | | unless the mayor of the municipality in which the
property |
| 12 | | is located certifies in writing that the acquisition is |
| 13 | | consistent
with the municipality's land use and economic |
| 14 | | development policies and
goals. The acquisition of |
| 15 | | substitute property is declared to be for public
use. In |
| 16 | | exercising the powers authorized in this subsection (f), |
| 17 | | the
Authority shall use its best efforts to relocate |
| 18 | | businesses within the area
of McCormick Place or, failing |
| 19 | | that, within the City of Chicago. |
| 20 | | (g) To enter into contracts relating to construction |
| 21 | | projects which
provide for the delivery by the contractor |
| 22 | | of a completed project,
structure, improvement, or |
| 23 | | specific portion thereof, for a fixed maximum
price, which |
| 24 | | contract may provide that the delivery of the project,
|
| 25 | | structure, improvement, or specific portion thereof, for |
| 26 | | the fixed maximum
price is insured or guaranteed by a |
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| 1 | | third party capable of completing
the construction. |
| 2 | | (h) To enter into agreements with any person with |
| 3 | | respect to the use
and occupancy of the grounds, |
| 4 | | buildings, and facilities of the Authority,
including |
| 5 | | concession, license, and lease agreements on terms and |
| 6 | | conditions as
the Authority determines. Notwithstanding |
| 7 | | Section 24, agreements with respect
to the use and |
| 8 | | occupancy of the grounds, buildings, and facilities of the
|
| 9 | | Authority for a term of more than one year shall be entered |
| 10 | | into in accordance
with the procurement process provided |
| 11 | | for in Section 25.1. |
| 12 | | (i) To enter into agreements with any person with |
| 13 | | respect to the
operation and management of the grounds, |
| 14 | | buildings, and facilities of the
Authority or the |
| 15 | | provision of goods and services on terms and
conditions as |
| 16 | | the Authority determines. |
| 17 | | (j) After conducting the procurement process provided |
| 18 | | for in Section 25.1,
to enter into one or more contracts to |
| 19 | | provide for the design and
construction of all or part of |
| 20 | | the Authority's Expansion Project grounds,
buildings, and |
| 21 | | facilities. Any contract for design and construction of |
| 22 | | the
Expansion Project shall be in the form authorized by |
| 23 | | subsection (g), shall
be for a fixed maximum price not in |
| 24 | | excess of the funds that are authorized
to be made |
| 25 | | available
for those purposes during the term of the |
| 26 | | contract, and shall be entered
into before commencement of |
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| 1 | | construction. |
| 2 | | (k) To enter into agreements, including project |
| 3 | | agreements with labor
unions, that the Authority deems |
| 4 | | necessary to complete the Expansion Project
or any other |
| 5 | | construction or improvement project in the most timely
and |
| 6 | | efficient manner and without strikes, picketing, or other |
| 7 | | actions that
might cause disruption or delay and thereby |
| 8 | | add to the cost of the project. |
| 9 | | (l) To provide incentives to organizations and |
| 10 | | entities that agree to make use of the grounds, buildings, |
| 11 | | and facilities of the Authority for conventions, meetings, |
| 12 | | or trade shows. The incentives may take the form of |
| 13 | | discounts from regular fees charged by the Authority, |
| 14 | | subsidies for or assumption of the costs incurred with |
| 15 | | respect to the convention, meeting, or trade show, or |
| 16 | | other inducements. The Authority shall award incentives to |
| 17 | | attract or retain conventions, meetings, and trade shows |
| 18 | | under the terms set forth in this subsection (l) from |
| 19 | | amounts appropriated to the Authority from the |
| 20 | | Metropolitan Pier and Exposition Authority Incentive Fund |
| 21 | | for this purpose. |
| 22 | | No later than May 15 of each year, the Chief Executive |
| 23 | | Officer of the Metropolitan Pier and Exposition Authority |
| 24 | | shall certify to the State Comptroller and the State |
| 25 | | Treasurer the amounts of incentive grant funds used, |
| 26 | | including incentive grant funds used for future events |
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| 1 | | under the provisions of this Section, during the current |
| 2 | | fiscal year to provide incentives for conventions, |
| 3 | | meetings, or trade shows that: |
| 4 | | (i) have been approved by the Authority, in |
| 5 | | consultation with an organization meeting the |
| 6 | | qualifications set out in Section 5.6 of this Act, |
| 7 | | provided the Authority has entered into a marketing |
| 8 | | agreement with such an organization, |
| 9 | | (ii)(A) for fiscal years prior to 2022 and after |
| 10 | | 2024, demonstrate registered attendance (or projected |
| 11 | | attendance for future events) in excess of 5,000 |
| 12 | | individuals or in excess of 10,000 individuals, as |
| 13 | | appropriate; |
| 14 | | (B) for fiscal years 2022 through 2024, |
| 15 | | demonstrate registered attendance (or projected |
| 16 | | attendance for future events) in excess of 3,000 |
| 17 | | individuals or in excess of 5,000 individuals, as |
| 18 | | appropriate; or |
| 19 | | (C) for fiscal years 2022 and 2023, regardless of |
| 20 | | registered attendance, demonstrate incurrence of costs |
| 21 | | associated with mitigation of COVID-19, including, but |
| 22 | | not limited to, costs for testing and screening, |
| 23 | | contact tracing and notification, personal protective |
| 24 | | equipment, and other physical and organizational |
| 25 | | costs, and |
| 26 | | (iii) in the case of subparagraphs (A) and (B) of |
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| 1 | | paragraph (ii), but for the incentive, would not have |
| 2 | | used (or, in the case of a future event, committed to |
| 3 | | use) the facilities of the Authority for the |
| 4 | | convention, meeting, or trade show. The State |
| 5 | | Comptroller may request that the Auditor General |
| 6 | | conduct an audit of the accuracy of the certification. |
| 7 | | If the State Comptroller determines by this process of |
| 8 | | certification that incentive funds, in whole or in |
| 9 | | part, were disbursed by the Authority by means other |
| 10 | | than in accordance with the standards of this |
| 11 | | subsection (l), then any amount transferred to the |
| 12 | | Metropolitan Pier and Exposition Authority Incentive |
| 13 | | Fund shall be reduced during the next subsequent |
| 14 | | transfer in direct proportion to that amount |
| 15 | | determined to be in violation of the terms set forth in |
| 16 | | this subsection (l). |
| 17 | | On July 15, 2012, the Comptroller shall order |
| 18 | | transferred, and the Treasurer shall transfer, into the |
| 19 | | Metropolitan Pier and Exposition Authority Incentive Fund |
| 20 | | from the General Revenue Fund the sum of $7,500,000 plus |
| 21 | | an amount equal to the incentive grant funds certified by |
| 22 | | the Chief Executive Officer as having been lawfully paid |
| 23 | | under the provisions of this Section in the previous 2 |
| 24 | | fiscal years that have not otherwise been transferred into |
| 25 | | the Metropolitan Pier and Exposition Authority Incentive |
| 26 | | Fund, provided that transfers in excess of $15,000,000 |
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| 1 | | shall not be made in any fiscal year. |
| 2 | | On July 15, 2013, the Comptroller shall order |
| 3 | | transferred, and the Treasurer shall transfer, into the |
| 4 | | Metropolitan Pier and Exposition Authority Incentive Fund |
| 5 | | from the General Revenue Fund the sum of $7,500,000 plus |
| 6 | | an amount equal to the incentive grant funds certified by |
| 7 | | the Chief Executive Officer as having been lawfully paid |
| 8 | | under the provisions of this Section in the previous |
| 9 | | fiscal year that have not otherwise been transferred into |
| 10 | | the Metropolitan Pier and Exposition Authority Incentive |
| 11 | | Fund, provided that transfers in excess of $15,000,000 |
| 12 | | shall not be made in any fiscal year. |
| 13 | | On July 15, 2014, and every year thereafter, the |
| 14 | | Comptroller shall order transferred, and the Treasurer |
| 15 | | shall transfer, into the Metropolitan Pier and Exposition |
| 16 | | Authority Incentive Fund from the General Revenue Fund an |
| 17 | | amount equal to the incentive grant funds certified by the |
| 18 | | Chief Executive Officer as (i) having been lawfully paid |
| 19 | | under the provisions of this Section in the previous |
| 20 | | fiscal year or incurred by the Authority for a future |
| 21 | | event under the provisions of this Section and (ii) that |
| 22 | | have not otherwise having been been transferred into the |
| 23 | | Metropolitan Pier and Exposition Authority Incentive Fund, |
| 24 | | provided that (1) no transfers with respect to any |
| 25 | | previous fiscal year shall be made after the transfer has |
| 26 | | been made with respect to the 2017 fiscal year until the |
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| 1 | | transfer that is made for the 2022 fiscal year and |
| 2 | | thereafter, and no transfers with respect to any previous |
| 3 | | fiscal year shall be made after the transfer has been made |
| 4 | | with respect to the 2026 fiscal year, and (2) transfers in |
| 5 | | excess of $15,000,000 shall not be made in any fiscal |
| 6 | | year. |
| 7 | | After a transfer has been made under this subsection |
| 8 | | (l), the Chief Executive Officer shall file a request for |
| 9 | | payment with the Comptroller evidencing that the incentive |
| 10 | | grants have been made and the Comptroller shall thereafter |
| 11 | | order paid, and the Treasurer shall pay, the requested |
| 12 | | amounts to the Metropolitan Pier and Exposition Authority. |
| 13 | | Excluding any amounts related to the payment of costs |
| 14 | | associated with the mitigation of COVID-19 in accordance |
| 15 | | with this subsection (l), in no case shall more than |
| 16 | | $5,000,000 be used in any one year by the Authority for |
| 17 | | incentives granted to conventions, meetings, or trade |
| 18 | | shows with a registered attendance (or projected |
| 19 | | attendance for future events) of (1) more than 5,000 and |
| 20 | | less than 10,000 prior to the 2022 fiscal year and after |
| 21 | | the 2024 fiscal year and (2) more than 3,000 and less than |
| 22 | | 5,000 for fiscal years 2022 through 2024. Amounts in the |
| 23 | | Metropolitan Pier and Exposition Authority Incentive Fund |
| 24 | | shall only be used by the Authority for incentives paid to |
| 25 | | attract or retain conventions, meetings, and trade shows |
| 26 | | as provided in this subsection (l). |
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| 1 | | "Future event" means a convention, meeting, or
trade show |
| 2 | | that executed an agreement during the fiscal year to use the |
| 3 | | facilities of the Authority after fiscal year 2026; provided |
| 4 | | that the agreement is entered into with the Authority or with |
| 5 | | an organization that meets the qualifications set out in |
| 6 | | Section 5.6 of this Act and that has entered into a marketing |
| 7 | | agreement with the Authority. |
| 8 | | (l-5) The Village of Rosemont shall provide incentives |
| 9 | | from amounts transferred into the Convention Center |
| 10 | | Support Fund to retain and attract conventions, meetings, |
| 11 | | or trade shows to the Donald E. Stephens Convention Center |
| 12 | | under the terms set forth in this subsection (l-5). |
| 13 | | No later than May 15 of each year, the Mayor of the |
| 14 | | Village of Rosemont or his or her designee shall certify |
| 15 | | to the State Comptroller and the State Treasurer the |
| 16 | | amounts of incentive grant funds used during the previous |
| 17 | | fiscal year to provide incentives for conventions, |
| 18 | | meetings, or trade shows that (1) have been approved by |
| 19 | | the Village, (2) demonstrate registered attendance in |
| 20 | | excess of 5,000 individuals, and (3) but for the |
| 21 | | incentive, would not have used the Donald E. Stephens |
| 22 | | Convention Center facilities for the convention, meeting, |
| 23 | | or trade show. The State Comptroller may request that the |
| 24 | | Auditor General conduct an audit of the accuracy of the |
| 25 | | certification. |
| 26 | | If the State Comptroller determines by this process of |
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| 1 | | certification that incentive funds, in whole or in part, |
| 2 | | were disbursed by the Village by means other than in |
| 3 | | accordance with the standards of this subsection (l-5), |
| 4 | | then the amount transferred to the Convention Center |
| 5 | | Support Fund shall be reduced during the next subsequent |
| 6 | | transfer in direct proportion to that amount determined to |
| 7 | | be in violation of the terms set forth in this subsection |
| 8 | | (l-5). |
| 9 | | On July 15, 2012, and each year thereafter, the |
| 10 | | Comptroller shall order transferred, and the Treasurer |
| 11 | | shall transfer, into the Convention Center Support Fund |
| 12 | | from the General Revenue Fund the amount of $5,000,000 for |
| 13 | | (i) incentives to attract large conventions, meetings, and |
| 14 | | trade shows to the Donald E. Stephens Convention Center, |
| 15 | | and (ii) to be used by the Village of Rosemont for the |
| 16 | | repair, maintenance, and improvement of the Donald E. |
| 17 | | Stephens Convention Center and for debt service on debt |
| 18 | | instruments issued for those purposes by the village. No |
| 19 | | later than 30 days after the transfer, the Comptroller |
| 20 | | shall order paid, and the Treasurer shall pay, to the |
| 21 | | Village of Rosemont the amounts transferred. |
| 22 | | (m) To enter into contracts with any person conveying |
| 23 | | the naming rights or other intellectual property rights |
| 24 | | with respect to the grounds, buildings, and facilities of |
| 25 | | the Authority. |
| 26 | | (n) To enter into grant agreements with the Chicago |
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| 1 | | Convention and Tourism Bureau providing for the marketing |
| 2 | | of the convention facilities to large and small |
| 3 | | conventions, meetings, and trade shows and the promotion |
| 4 | | of the travel industry in the City of Chicago, provided |
| 5 | | such agreements meet the requirements of Section 5.6 of |
| 6 | | this Act. Receipts of the Authority from the increase in |
| 7 | | the airport departure tax authorized in subsection (f) of |
| 8 | | Section 13 of this Act by Public Act 96-898 and, subject to |
| 9 | | appropriation to the Authority, funds deposited in the |
| 10 | | Chicago Travel Industry Promotion Fund pursuant to Section |
| 11 | | 6 of the Hotel Operators' Occupation Tax Act shall be |
| 12 | | granted to the Bureau for such purposes. |
| 13 | | For Fiscal Year 2023 only, the Department of Commerce
|
| 14 | | and Economic Opportunity shall enter into the grant |
| 15 | | agreements described in this subsection in place of the |
| 16 | | Authority. The grant agreements entered into by the |
| 17 | | Department and the Bureau under this subsection are not |
| 18 | | subject to the matching funds requirements or the other |
| 19 | | terms and conditions of Section 605-705 of the Department |
| 20 | | of Commerce and Economic Opportunity Law of the Civil |
| 21 | | Administrative Code of Illinois. Subject to appropriation, |
| 22 | | funds transferred into the Chicago Travel Industry |
| 23 | | Promotion Fund pursuant to subsection (f) of Section |
| 24 | | 6z-121 of the State Finance Act shall be granted to the |
| 25 | | Bureau for the purposes described in this subsection. The |
| 26 | | Department shall have authority to make expenditures from |
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| 1 | | the Chicago Travel Industry Promotion Fund solely for the |
| 2 | | purpose of providing grants to the Bureau. |
| 3 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 4 | | Section 5-95. The School Code is amended by adding |
| 5 | | Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186, |
| 6 | | 10-22.36, 18-8.15, and 27-23.1 as follows:
|
| 7 | | (105 ILCS 5/2-3.186) |
| 8 | | Sec. 2-3.186. Freedom Schools; grant program. |
| 9 | | (a) The General Assembly recognizes and values the |
| 10 | | contributions that Freedom Schools make to enhance the lives |
| 11 | | of Black students. The General Assembly makes all of the |
| 12 | | following findings: |
| 13 | | (1) The fundamental goal of the Freedom Schools of the |
| 14 | | 1960s was to provide quality education for all students, |
| 15 | | to motivate active civic engagement, and to empower |
| 16 | | disenfranchised communities. The renowned and progressive |
| 17 | | curriculum of Freedom Schools allowed students of all ages |
| 18 | | to experience a new and liberating form of education that |
| 19 | | directly related to the imperatives of their lives, their |
| 20 | | communities, and the Freedom Movement. |
| 21 | | (2) Freedom Schools continue to demonstrate the proven |
| 22 | | benefits of critical civic engagement and |
| 23 | | intergenerational effects by providing historically |
| 24 | | disadvantaged students, including African American |
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| 1 | | students and other students of color, with quality |
| 2 | | instruction that fosters student confidence, critical |
| 3 | | thinking, and social and emotional development. |
| 4 | | (3) Freedom Schools offer culturally relevant learning |
| 5 | | opportunities with the academic and social supports that |
| 6 | | Black children need by utilizing quality teaching, |
| 7 | | challenging and engaging curricula, wrap-around supports, |
| 8 | | a positive school climate, and strong ties to family and |
| 9 | | community. Freedom Schools have a clear focus on results. |
| 10 | | (4) Public schools serve a foundational role in the |
| 11 | | education of over 2,000,000 students in this State. |
| 12 | | (b) The State Board of Education shall establish a Freedom |
| 13 | | School network to supplement the learning taking place in |
| 14 | | public schools by awarding one or more grants as set forth in |
| 15 | | subsection (e) to create Freedom Schools creating a 6-week |
| 16 | | summer program with an organization with a mission to improve |
| 17 | | the odds for children in poverty by that operates Freedom |
| 18 | | Schools in multiple states using a research-based and |
| 19 | | multicultural curriculum for disenfranchised communities most |
| 20 | | affected by the opportunity gap and learning loss caused by |
| 21 | | the pandemic, and by expanding the teaching of African |
| 22 | | American history, developing leadership skills, and providing |
| 23 | | an understanding of the tenets of the civil rights movement. |
| 24 | | The teachers in Freedom Schools must be from the local |
| 25 | | community, with an emphasis on historically disadvantaged |
| 26 | | youth, including African American students and other students |
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| 1 | | of color, so that (i) these individuals have access to summer |
| 2 | | jobs and teaching experiences that serve as a long-term |
| 3 | | pipeline to educational careers and the hiring of minority |
| 4 | | educators in public schools, (ii) these individuals are |
| 5 | | elevated as content experts and community leaders, and (iii) |
| 6 | | Freedom School students have access to both mentorship and |
| 7 | | equitable educational resources. |
| 8 | | (c) A Freedom School shall intentionally and imaginatively |
| 9 | | implement strategies that focus on all of the following: |
| 10 | | (1) Racial justice and equity. |
| 11 | | (2) Transparency and building trusting relationships. |
| 12 | | (3) Self-determination and governance. |
| 13 | | (4) Building on community strengths and community |
| 14 | | wisdom. |
| 15 | | (5) Utilizing current data, best practices, and |
| 16 | | evidence. |
| 17 | | (6) Shared leadership and collaboration. |
| 18 | | (7) A reflective learning culture. |
| 19 | | (8) A whole-child approach to education. |
| 20 | | (9) Literacy. |
| 21 | | (d) The State Board of Education, in the establishment of |
| 22 | | Freedom Schools, shall strive for authentic parent and |
| 23 | | community engagement during the development of Freedom Schools |
| 24 | | and their curriculum. Authentic parent and community |
| 25 | | engagement includes all of the following: |
| 26 | | (1) A shared responsibility that values equal |
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| 1 | | partnerships between families and professionals. |
| 2 | | (2) Ensuring that students and families who are |
| 3 | | directly impacted by Freedom School policies and practices |
| 4 | | are the decision-makers in the creation, design, |
| 5 | | implementation, and assessment of those policies and |
| 6 | | practices. |
| 7 | | (3) Genuine respect for the culture and diversity of |
| 8 | | families. |
| 9 | | (4) Relationships that center around the goal of |
| 10 | | supporting family well-being and children's development |
| 11 | | and learning. |
| 12 | | (e) Subject to appropriation, the State Board of Education |
| 13 | | shall establish and implement a grant program to provide |
| 14 | | grants to public schools, public community colleges, and |
| 15 | | not-for-profit, community-based organizations to facilitate |
| 16 | | improved educational outcomes for historically disadvantaged |
| 17 | | students, including African American students and other |
| 18 | | students of color in grades pre-kindergarten through 12 in |
| 19 | | alignment with the integrity and practices of the Freedom |
| 20 | | School model established during the civil rights movement. |
| 21 | | Grant recipients under the program may include, but are not |
| 22 | | limited to, entities that work with the Children's Defense |
| 23 | | Fund or offer established programs with proven results and |
| 24 | | outcomes. The State Board of Education shall award grants to |
| 25 | | eligible entities that demonstrate a likelihood of reasonable |
| 26 | | success in achieving the goals identified in the grant |
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| 1 | | application, including, but not limited to, all of the |
| 2 | | following: |
| 3 | | (1) Engaging, culturally relevant, and challenging |
| 4 | | curricula. |
| 5 | | (2) High-quality teaching. |
| 6 | | (3) Wrap-around supports and opportunities. |
| 7 | | (4) Positive discipline practices, such as restorative |
| 8 | | justice. |
| 9 | | (5) Inclusive leadership. |
| 10 | | (f) The Freedom Schools Fund is created as a special fund |
| 11 | | in the State treasury. The Fund shall consist of |
| 12 | | appropriations from the General Revenue Fund, grant funds from |
| 13 | | the
federal government, and donations from educational and |
| 14 | | private foundations. All money in the Fund shall be used, |
| 15 | | subject to appropriation, by the State Board of Education for |
| 16 | | the purposes of this Section and to support related |
| 17 | | activities. |
| 18 | | (g) The State Board of Education may adopt any rules |
| 19 | | necessary to implement this Section.
|
| 20 | | (Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 |
| 21 | | (See Section 5 of P.A. 102-671 for effective date of P.A. |
| 22 | | 102-209).)
|
| 23 | | (105 ILCS 5/2-3.196 new) |
| 24 | | Sec. 2-3.196. Teacher Vacancy Grant Pilot Program. |
| 25 | | (a) Subject to appropriation, beginning in Fiscal Year |
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| 1 | | 2024, the State Board of Education shall administer a 3-year |
| 2 | | Teacher Vacancy Grant Pilot Program for the allocation of |
| 3 | | formula grant funds to school districts to support the |
| 4 | | reduction of unfilled teaching positions throughout the State. |
| 5 | | The State Board shall identify which districts are eligible to |
| 6 | | apply for a 3-year grant under this Section by reviewing the |
| 7 | | State Board's Fiscal Year 2023 annual unfilled teaching |
| 8 | | positions report to determine which districts designated as |
| 9 | | Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the |
| 10 | | greatest need for funds. Based on the National Center for |
| 11 | | Education Statistics locale classifications, 60% of eligible |
| 12 | | districts shall be rural districts and 40% of eligible |
| 13 | | districts shall be urban districts. Continued funding for the |
| 14 | | grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to |
| 15 | | appropriation. The State Board shall post, on its website, |
| 16 | | information about the grant program and the list of identified |
| 17 | | districts that are eligible to apply for a grant under this |
| 18 | | subsection. |
| 19 | | (b) A school district that is determined to be eligible |
| 20 | | for a grant under subsection (a) and that chooses to |
| 21 | | participate in the program must submit an application to the |
| 22 | | State Board that describes the relevant context for the need |
| 23 | | for teacher vacancy support, suspected causes of teacher |
| 24 | | vacancies in the district, and the district's plan in |
| 25 | | utilizing grant funds to reduce unfilled teaching positions |
| 26 | | throughout the district. If an eligible school district |
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| 1 | | chooses not to participate in the program, the State Board |
| 2 | | shall identify a potential replacement district by using the |
| 3 | | same methodology described in subsection (a). |
| 4 | | (c) Grant funds awarded under this Section may be used for |
| 5 | | financial incentives to support the recruitment and hiring of |
| 6 | | teachers, programs and incentives to strengthen teacher |
| 7 | | pipelines, or investments to sustain teachers and reduce |
| 8 | | attrition among teachers. Grant funds shall be used only for |
| 9 | | the purposes outlined in the district's application to the |
| 10 | | State Board to reduce unfilled teaching positions. Grant funds |
| 11 | | shall not be used for any purposes not approved by the State |
| 12 | | Board. |
| 13 | | (d) A school district that receives grant funds under this |
| 14 | | Section shall submit an annual report to the State Board that |
| 15 | | includes, but is not limited to, a summary of all grant-funded |
| 16 | | activities implemented to reduce unfilled teaching positions, |
| 17 | | progress towards reducing unfilled teaching positions, the |
| 18 | | number of unfilled teaching positions in the district in the |
| 19 | | preceding fiscal year, the number of new teachers hired during |
| 20 | | the program, the teacher attrition rate, the number of |
| 21 | | individuals participating in any programs designed to reduce |
| 22 | | attrition, the number of teachers retained using support of |
| 23 | | the grant funds, participation in any strategic pathway |
| 24 | | programs created under the program, and the number of and |
| 25 | | participation in any new pathways into teaching positions |
| 26 | | created under the program. |
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| 1 | | (e) No later than March 1, 2027, the State Board shall |
| 2 | | submit a report to the Governor and the General Assembly on the |
| 3 | | efficacy of the pilot program that includes a summary of the |
| 4 | | information received under subsection (d) and an overview of |
| 5 | | its activities to support grantees.
|
| 6 | | (105 ILCS 5/2-3.197 new) |
| 7 | | Sec. 2-3.197. Imagination Library of Illinois; grant |
| 8 | | program.
To promote the development of a comprehensive |
| 9 | | statewide initiative for encouraging preschool age children to |
| 10 | | develop a love of reading and learning, the State Board of |
| 11 | | Education is authorized to develop, fund, support, promote, |
| 12 | | and operate the Imagination Library of Illinois Program, which |
| 13 | | is hereby established. For purposes of this Section, "State |
| 14 | | program" means the Imagination Library of Illinois Program. |
| 15 | | (a) State program funds shall be used to provide, through |
| 16 | | Dolly Parton's Imagination Library, one age-appropriate book, |
| 17 | | per month, to each registered child from birth to age 5 in |
| 18 | | participating counties. Books shall be sent monthly to each |
| 19 | | registered child's home at no cost to families. Subject to an |
| 20 | | annual appropriation, the State Board of Education shall |
| 21 | | contribute the State's matching funds per the cost-sharing |
| 22 | | framework established by Dolly Parton's Imagination Library |
| 23 | | for the State program. The State program shall contribute the |
| 24 | | 50% match of funds required of local programs participating in |
| 25 | | Dolly Parton's Imagination Library. Local program partners |
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| 1 | | shall match the State program funds to provide the remaining |
| 2 | | 50% match of funds required by Dolly Parton's Imagination |
| 3 | | Library. |
| 4 | | (1) The Imagination Library of Illinois Fund is hereby
|
| 5 | | created as a special fund in the State Treasury. The State |
| 6 | | Board of Education may accept gifts, grants, awards, |
| 7 | | donations, matching contributions, appropriations, |
| 8 | | interest income, public or private bequests, and cost |
| 9 | | sharings from any individuals, businesses, governments, or |
| 10 | | other third-party sources, and any federal funds. All |
| 11 | | moneys received under this Section shall be deposited into |
| 12 | | the Imagination Library of Illinois Fund. Any moneys that |
| 13 | | are unobligated or unexpended at the end of a fiscal year |
| 14 | | shall remain in the Imagination Library of Illinois Fund, |
| 15 | | shall not lapse into the General Revenue Fund, and shall |
| 16 | | be available to the Board for expenditure in the next |
| 17 | | fiscal year, subject to appropriation. Notwithstanding any |
| 18 | | other law to the contrary, this Fund is not subject to |
| 19 | | sweeps, administrative chargebacks, or any other fiscal or |
| 20 | | budgetary maneuver that in any way would transfer any |
| 21 | | amount from this Fund into any other fund of the State. |
| 22 | | (2) Moneys received under this Section are subject to
|
| 23 | | appropriation by the General Assembly and may only be |
| 24 | | expended for purposes consistent with the conditions under |
| 25 | | which the moneys were received, including, but not limited |
| 26 | | to, the following: |
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| 1 | | (i) Moneys in the Fund shall be used to provide
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| 2 | | age-appropriate books on a monthly basis, at home, to |
| 3 | | each child registered in the Imagination Library of |
| 4 | | Illinois Program, from birth through their fifth |
| 5 | | birthday, at no cost to families, through Dolly |
| 6 | | Parton's Imagination Library. |
| 7 | | (ii) Subject to availability, moneys in the Fund
|
| 8 | | shall be allocated to qualified local entities that |
| 9 | | provide a dollar-for-dollar match for the program. As |
| 10 | | used in this Section, "qualified local entity" means |
| 11 | | any existing or new local Dolly Parton's Imagination |
| 12 | | Library affiliate. |
| 13 | | (iii) Moneys in the Fund may be used by the
State |
| 14 | | Board of Education to pay for administrative expenses |
| 15 | | of the State program, including associated operating |
| 16 | | expenses of the State Board of Education or any |
| 17 | | nonprofit entity that coordinates the State program |
| 18 | | pursuant to subsection (b). |
| 19 | | (b) The State Board of Education shall coordinate with a |
| 20 | | nonprofit entity qualified under Section 501(c)(3) of the |
| 21 | | Internal Revenue Code to operate the State program. That |
| 22 | | organization must be organized solely to promote and encourage |
| 23 | | reading by the children of the State, for the purpose of |
| 24 | | implementing this Section. |
| 25 | | (c) The State Board of Education shall provide oversight |
| 26 | | of the nonprofit entity that operates the State program |
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| 1 | | pursuant to subsection (b) to ensure the nonprofit entity does |
| 2 | | all of the following: |
| 3 | | (1) Promotes the statewide development of local Dolly
|
| 4 | | Parton's Imagination Library programs. |
| 5 | | (2) Advances and strengthens local Dolly Parton's
|
| 6 | | Imagination Library programs with the goal of increasing |
| 7 | | enrollment. |
| 8 | | (3) Develops community engagement. |
| 9 | | (4) Develops, promotes, and coordinates a public
|
| 10 | | awareness campaign to make donors aware of the opportunity |
| 11 | | to donate to the affiliate programs and make the public |
| 12 | | aware of the opportunity to register eligible children to |
| 13 | | receive books through the program. |
| 14 | | (5) Administers the local match requirement and
|
| 15 | | coordinates the collection and remittance of local program |
| 16 | | costs for books and mailing. |
| 17 | | (6) Develops statewide marketing and communication
|
| 18 | | plans. |
| 19 | | (7) Solicits donations, gifts, and other funding from
|
| 20 | | statewide partners to financially support local Dolly |
| 21 | | Parton's Imagination Library programs. |
| 22 | | (8) Identifies and applies for available grant awards. |
| 23 | | (d) The State Board of Education shall make publicly |
| 24 | | available on an annual basis information regarding the number |
| 25 | | of local programs that exist, where the local programs are |
| 26 | | located, the number of children that are enrolled in the |
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| 1 | | program, the number of books that have been provided, and |
| 2 | | those entities or organizations that serve as local partners. |
| 3 | | (e) The State Board of Education may adopt rules as may be |
| 4 | | needed for the administration of the Imagination Library of |
| 5 | | Illinois Program.
|
| 6 | | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
| 7 | | Sec. 10-22.36. Buildings for school purposes. |
| 8 | | (a) To build or purchase a building for school classroom |
| 9 | | or
instructional purposes upon the approval of a majority of |
| 10 | | the voters upon the
proposition at a referendum held for such |
| 11 | | purpose or in accordance with
Section 17-2.11, 19-3.5, or |
| 12 | | 19-3.10. The board may initiate such referendum by resolution.
|
| 13 | | The board shall certify the resolution and proposition to the |
| 14 | | proper
election authority for submission in accordance with |
| 15 | | the general election law.
|
| 16 | | The questions of building one or more new buildings for |
| 17 | | school
purposes or office facilities, and issuing bonds for |
| 18 | | the purpose of
borrowing money to purchase one or more |
| 19 | | buildings or sites for such
buildings or office sites, to |
| 20 | | build one or more new buildings for school
purposes or office |
| 21 | | facilities or to make additions and improvements to
existing |
| 22 | | school buildings, may be combined into one or more |
| 23 | | propositions
on the ballot.
|
| 24 | | Before erecting, or purchasing or remodeling such a |
| 25 | | building the
board shall submit the plans and specifications |
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| 1 | | respecting heating,
ventilating, lighting, seating, water |
| 2 | | supply, toilets and safety against
fire to the regional |
| 3 | | superintendent of schools having supervision and
control over |
| 4 | | the district, for approval in accordance with Section 2-3.12.
|
| 5 | | Notwithstanding any of the foregoing, no referendum shall |
| 6 | | be required
if the purchase, construction, or building of any
|
| 7 | | such
building (1) occurs while the building is being
leased by |
| 8 | | the school district or (2) is paid with (A) funds
derived from |
| 9 | | the sale or disposition of other buildings, land, or
|
| 10 | | structures of the school district or (B) funds received (i) as |
| 11 | | a
grant under the
School Construction Law or (ii) as gifts or |
| 12 | | donations,
provided that no funds to purchase, construct, or |
| 13 | | build such building, other than lease
payments, are
derived |
| 14 | | from the district's bonded indebtedness or the tax levy of
the
|
| 15 | | district. |
| 16 | | Notwithstanding any of the foregoing, no referendum shall |
| 17 | | be required if the purchase, construction, or building of any |
| 18 | | such building is paid with funds received from the County |
| 19 | | School Facility and Resources Occupation Tax Law under Section |
| 20 | | 5-1006.7 of the Counties Code or from the proceeds of bonds or |
| 21 | | other debt obligations secured by revenues obtained from that |
| 22 | | Law. |
| 23 | | Notwithstanding any of the foregoing, for Decatur School |
| 24 | | District Number 61, no referendum shall be required if at |
| 25 | | least 50% of the cost of the purchase, construction, or |
| 26 | | building of any such building is paid, or will be paid, with |
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| 1 | | funds received or expected to be received as part of, or |
| 2 | | otherwise derived from, any COVID-19 pandemic relief program |
| 3 | | or funding source, including, but not limited to, Elementary |
| 4 | | and Secondary School Emergency Relief Fund grant proceeds. |
| 5 | | (b) Notwithstanding the provisions of subsection (a), for |
| 6 | | any school district: (i) that is a tier 1 school, (ii) that has |
| 7 | | a population of less than 50,000 inhabitants, (iii) whose |
| 8 | | student population is between 5,800 and 6,300, (iv) in which |
| 9 | | 57% to 62% of students are low-income, and (v) whose average |
| 10 | | district spending is between $10,000 to $12,000 per pupil, |
| 11 | | until July 1, 2025, no referendum shall be required if at least |
| 12 | | 50% of the cost of the purchase, construction, or building of |
| 13 | | any such building is paid, or will be paid, with funds received |
| 14 | | or expected to be received as part of, or otherwise derived |
| 15 | | from, the federal Consolidated Appropriations Act and the |
| 16 | | federal American Rescue Plan Act of 2021. |
| 17 | | For this subsection (b), the school board must hold at |
| 18 | | least 2 public hearings, the sole purpose of which shall be to |
| 19 | | discuss the decision to construct a school building and to |
| 20 | | receive input from the community. The notice of each public |
| 21 | | hearing that sets forth the time, date, place, and name or |
| 22 | | description of the school building that the school board is |
| 23 | | considering constructing must be provided at least 10 days |
| 24 | | prior to the hearing by publication on the school board's |
| 25 | | Internet website.
|
| 26 | | (c) Notwithstanding the provisions of subsection (a) and |
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| 1 | | (b), for Cahokia Community Unit School District 187, no |
| 2 | | referendum shall be required for the lease of any building for |
| 3 | | school or educational purposes if the cost is paid or will be |
| 4 | | paid with funds available at the time of the lease in the |
| 5 | | district's existing fund balances to fund the lease of a |
| 6 | | building during the 2023-2024 or 2024-2025 school year. |
| 7 | | For the purposes of this subsection (c), the school board |
| 8 | | must hold at least 2 public hearings, the sole purpose of which |
| 9 | | shall be to discuss the decision to lease a school building and |
| 10 | | to receive input from the community. The notice of each public |
| 11 | | hearing that sets forth the time, date, place, and name or |
| 12 | | description of the school building that the school board is |
| 13 | | considering leasing must be provided at least 10 days prior to |
| 14 | | the hearing by publication on the school district's website. |
| 15 | | (Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; |
| 16 | | 102-699, eff. 7-1-22.)
|
| 17 | | (105 ILCS 5/18-8.15) |
| 18 | | Sec. 18-8.15. Evidence-Based Funding for student success |
| 19 | | for the 2017-2018 and subsequent school years. |
| 20 | | (a) General provisions. |
| 21 | | (1) The purpose of this Section is to ensure that, by |
| 22 | | June 30, 2027 and beyond, this State has a kindergarten |
| 23 | | through grade 12 public education system with the capacity |
| 24 | | to ensure the educational development of all persons to |
| 25 | | the limits of their capacities in accordance with Section |
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| 1 | | 1 of Article X of the Constitution of the State of |
| 2 | | Illinois. To accomplish that objective, this Section |
| 3 | | creates a method of funding public education that is |
| 4 | | evidence-based; is sufficient to ensure every student |
| 5 | | receives a meaningful opportunity to learn irrespective of |
| 6 | | race, ethnicity, sexual orientation, gender, or |
| 7 | | community-income level; and is sustainable and |
| 8 | | predictable. When fully funded under this Section, every |
| 9 | | school shall have the resources, based on what the |
| 10 | | evidence indicates is needed, to: |
| 11 | | (A) provide all students with a high quality |
| 12 | | education that offers the academic, enrichment, social |
| 13 | | and emotional support, technical, and career-focused |
| 14 | | programs that will allow them to become competitive |
| 15 | | workers, responsible parents, productive citizens of |
| 16 | | this State, and active members of our national |
| 17 | | democracy; |
| 18 | | (B) ensure all students receive the education they |
| 19 | | need to graduate from high school with the skills |
| 20 | | required to pursue post-secondary education and |
| 21 | | training for a rewarding career; |
| 22 | | (C) reduce, with a goal of eliminating, the |
| 23 | | achievement gap between at-risk and non-at-risk |
| 24 | | students by raising the performance of at-risk |
| 25 | | students and not by reducing standards; and |
| 26 | | (D) ensure this State satisfies its obligation to |
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| 1 | | assume the primary responsibility to fund public |
| 2 | | education and simultaneously relieve the |
| 3 | | disproportionate burden placed on local property taxes |
| 4 | | to fund schools. |
| 5 | | (2) The Evidence-Based Funding formula under this |
| 6 | | Section shall be applied to all Organizational Units in |
| 7 | | this State. The Evidence-Based Funding formula outlined in |
| 8 | | this Act is based on the formula outlined in Senate Bill 1 |
| 9 | | of the 100th General Assembly, as passed by both |
| 10 | | legislative chambers. As further defined and described in |
| 11 | | this Section, there are 4 major components of the |
| 12 | | Evidence-Based Funding model: |
| 13 | | (A) First, the model calculates a unique Adequacy |
| 14 | | Target for each Organizational Unit in this State that |
| 15 | | considers the costs to implement research-based |
| 16 | | activities, the unit's student demographics, and |
| 17 | | regional wage differences. |
| 18 | | (B) Second, the model calculates each |
| 19 | | Organizational Unit's Local Capacity, or the amount |
| 20 | | each Organizational Unit is assumed to contribute |
| 21 | | toward its Adequacy Target from local resources. |
| 22 | | (C) Third, the model calculates how much funding |
| 23 | | the State currently contributes to the Organizational |
| 24 | | Unit and adds that to the unit's Local Capacity to |
| 25 | | determine the unit's overall current adequacy of |
| 26 | | funding. |
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| 1 | | (D) Finally, the model's distribution method |
| 2 | | allocates new State funding to those Organizational |
| 3 | | Units that are least well-funded, considering both |
| 4 | | Local Capacity and State funding, in relation to their |
| 5 | | Adequacy Target. |
| 6 | | (3) An Organizational Unit receiving any funding under |
| 7 | | this Section may apply those funds to any fund so received |
| 8 | | for which that Organizational Unit is authorized to make |
| 9 | | expenditures by law. |
| 10 | | (4) As used in this Section, the following terms shall |
| 11 | | have the meanings ascribed in this paragraph (4): |
| 12 | | "Adequacy Target" is defined in paragraph (1) of |
| 13 | | subsection (b) of this Section. |
| 14 | | "Adjusted EAV" is defined in paragraph (4) of |
| 15 | | subsection (d) of this Section. |
| 16 | | "Adjusted Local Capacity Target" is defined in |
| 17 | | paragraph (3) of subsection (c) of this Section. |
| 18 | | "Adjusted Operating Tax Rate" means a tax rate for all |
| 19 | | Organizational Units, for which the State Superintendent |
| 20 | | shall calculate and subtract for the Operating Tax Rate a |
| 21 | | transportation rate based on total expenses for |
| 22 | | transportation services under this Code, as reported on |
| 23 | | the most recent Annual Financial Report in Pupil |
| 24 | | Transportation Services, function 2550 in both the |
| 25 | | Education and Transportation funds and functions 4110 and |
| 26 | | 4120 in the Transportation fund, less any corresponding |
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| 1 | | fiscal year State of Illinois scheduled payments excluding |
| 2 | | net adjustments for prior years for regular, vocational, |
| 3 | | or special education transportation reimbursement pursuant |
| 4 | | to Section 29-5 or subsection (b) of Section 14-13.01 of |
| 5 | | this Code divided by the Adjusted EAV. If an |
| 6 | | Organizational Unit's corresponding fiscal year State of |
| 7 | | Illinois scheduled payments excluding net adjustments for |
| 8 | | prior years for regular, vocational, or special education |
| 9 | | transportation reimbursement pursuant to Section 29-5 or |
| 10 | | subsection (b) of Section 14-13.01 of this Code exceed the |
| 11 | | total transportation expenses, as defined in this |
| 12 | | paragraph, no transportation rate shall be subtracted from |
| 13 | | the Operating Tax Rate. |
| 14 | | "Allocation Rate" is defined in paragraph (3) of |
| 15 | | subsection (g) of this Section. |
| 16 | | "Alternative School" means a public school that is |
| 17 | | created and operated by a regional superintendent of |
| 18 | | schools and approved by the State Board. |
| 19 | | "Applicable Tax Rate" is defined in paragraph (1) of |
| 20 | | subsection (d) of this Section. |
| 21 | | "Assessment" means any of those benchmark, progress |
| 22 | | monitoring, formative, diagnostic, and other assessments, |
| 23 | | in addition to the State accountability assessment, that |
| 24 | | assist teachers' needs in understanding the skills and |
| 25 | | meeting the needs of the students they serve. |
| 26 | | "Assistant principal" means a school administrator |
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| 1 | | duly endorsed to be employed as an assistant principal in |
| 2 | | this State. |
| 3 | | "At-risk student" means a student who is at risk of |
| 4 | | not meeting the Illinois Learning Standards or not |
| 5 | | graduating from elementary or high school and who |
| 6 | | demonstrates a need for vocational support or social |
| 7 | | services beyond that provided by the regular school |
| 8 | | program. All students included in an Organizational Unit's |
| 9 | | Low-Income Count, as well as all English learner and |
| 10 | | disabled students attending the Organizational Unit, shall |
| 11 | | be considered at-risk students under this Section. |
| 12 | | "Average Student Enrollment" or "ASE" for fiscal year |
| 13 | | 2018 means, for an Organizational Unit, the greater of the |
| 14 | | average number of students (grades K through 12) reported |
| 15 | | to the State Board as enrolled in the Organizational Unit |
| 16 | | on October 1 in the immediately preceding school year, |
| 17 | | plus the pre-kindergarten students who receive special |
| 18 | | education services of 2 or more hours a day as reported to |
| 19 | | the State Board on December 1 in the immediately preceding |
| 20 | | school year, or the average number of students (grades K |
| 21 | | through 12) reported to the State Board as enrolled in the |
| 22 | | Organizational Unit on October 1, plus the |
| 23 | | pre-kindergarten students who receive special education |
| 24 | | services of 2 or more hours a day as reported to the State |
| 25 | | Board on December 1, for each of the immediately preceding |
| 26 | | 3 school years. For fiscal year 2019 and each subsequent |
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| 1 | | fiscal year, "Average Student Enrollment" or "ASE" means, |
| 2 | | for an Organizational Unit, the greater of the average |
| 3 | | number of students (grades K through 12) reported to the |
| 4 | | State Board as enrolled in the Organizational Unit on |
| 5 | | October 1 and March 1 in the immediately preceding school |
| 6 | | year, plus the pre-kindergarten students who receive |
| 7 | | special education services as reported to the State Board |
| 8 | | on October 1 and March 1 in the immediately preceding |
| 9 | | school year, or the average number of students (grades K |
| 10 | | through 12) reported to the State Board as enrolled in the |
| 11 | | Organizational Unit on October 1 and March 1, plus the |
| 12 | | pre-kindergarten students who receive special education |
| 13 | | services as reported to the State Board on October 1 and |
| 14 | | March 1, for each of the immediately preceding 3 school |
| 15 | | years. For the purposes of this definition, "enrolled in |
| 16 | | the Organizational Unit" means the number of students |
| 17 | | reported to the State Board who are enrolled in schools |
| 18 | | within the Organizational Unit that the student attends or |
| 19 | | would attend if not placed or transferred to another |
| 20 | | school or program to receive needed services. For the |
| 21 | | purposes of calculating "ASE", all students, grades K |
| 22 | | through 12, excluding those attending kindergarten for a |
| 23 | | half day and students attending an alternative education |
| 24 | | program operated by a regional office of education or |
| 25 | | intermediate service center, shall be counted as 1.0. All |
| 26 | | students attending kindergarten for a half day shall be |
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| 1 | | counted as 0.5, unless in 2017 by June 15 or by March 1 in |
| 2 | | subsequent years, the school district reports to the State |
| 3 | | Board of Education the intent to implement full-day |
| 4 | | kindergarten district-wide for all students, then all |
| 5 | | students attending kindergarten shall be counted as 1.0. |
| 6 | | Special education pre-kindergarten students shall be |
| 7 | | counted as 0.5 each. If the State Board does not collect or |
| 8 | | has not collected both an October 1 and March 1 enrollment |
| 9 | | count by grade or a December 1 collection of special |
| 10 | | education pre-kindergarten students as of August 31, 2017 |
| 11 | | (the effective date of Public Act 100-465), it shall |
| 12 | | establish such collection for all future years. For any |
| 13 | | year in which a count by grade level was collected only |
| 14 | | once, that count shall be used as the single count |
| 15 | | available for computing a 3-year average ASE. Funding for |
| 16 | | programs operated by a regional office of education or an |
| 17 | | intermediate service center must be calculated using the |
| 18 | | Evidence-Based Funding formula under this Section for the |
| 19 | | 2019-2020 school year and each subsequent school year |
| 20 | | until separate adequacy formulas are developed and adopted |
| 21 | | for each type of program. ASE for a program operated by a |
| 22 | | regional office of education or an intermediate service |
| 23 | | center must be determined by the March 1 enrollment for |
| 24 | | the program. For the 2019-2020 school year, the ASE used |
| 25 | | in the calculation must be the first-year ASE and, in that |
| 26 | | year only, the assignment of students served by a regional |
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| 1 | | office of education or intermediate service center shall |
| 2 | | not result in a reduction of the March enrollment for any |
| 3 | | school district. For the 2020-2021 school year, the ASE |
| 4 | | must be the greater of the current-year ASE or the 2-year |
| 5 | | average ASE. Beginning with the 2021-2022 school year, the |
| 6 | | ASE must be the greater of the current-year ASE or the |
| 7 | | 3-year average ASE. School districts shall submit the data |
| 8 | | for the ASE calculation to the State Board within 45 days |
| 9 | | of the dates required in this Section for submission of |
| 10 | | enrollment data in order for it to be included in the ASE |
| 11 | | calculation. For fiscal year 2018 only, the ASE |
| 12 | | calculation shall include only enrollment taken on October |
| 13 | | 1. In recognition of the impact of COVID-19, the |
| 14 | | definition of "Average Student Enrollment" or "ASE" shall |
| 15 | | be adjusted for calculations under this Section for fiscal |
| 16 | | years 2022 through 2024. For fiscal years 2022 through |
| 17 | | 2024, the enrollment used in the calculation of ASE |
| 18 | | representing the 2020-2021 school year shall be the |
| 19 | | greater of the enrollment for the 2020-2021 school year or |
| 20 | | the 2019-2020 school year. |
| 21 | | "Base Funding Guarantee" is defined in paragraph (10) |
| 22 | | of subsection (g) of this Section. |
| 23 | | "Base Funding Minimum" is defined in subsection (e) of |
| 24 | | this Section. |
| 25 | | "Base Tax Year" means the property tax levy year used |
| 26 | | to calculate the Budget Year allocation of primary State |
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| 1 | | aid. |
| 2 | | "Base Tax Year's Extension" means the product of the |
| 3 | | equalized assessed valuation utilized by the county clerk |
| 4 | | in the Base Tax Year multiplied by the limiting rate as |
| 5 | | calculated by the county clerk and defined in PTELL. |
| 6 | | "Bilingual Education Allocation" means the amount of |
| 7 | | an Organizational Unit's final Adequacy Target |
| 8 | | attributable to bilingual education divided by the |
| 9 | | Organizational Unit's final Adequacy Target, the product |
| 10 | | of which shall be multiplied by the amount of new funding |
| 11 | | received pursuant to this Section. An Organizational |
| 12 | | Unit's final Adequacy Target attributable to bilingual |
| 13 | | education shall include all additional investments in |
| 14 | | English learner students' adequacy elements. |
| 15 | | "Budget Year" means the school year for which primary |
| 16 | | State aid is calculated and awarded under this Section. |
| 17 | | "Central office" means individual administrators and |
| 18 | | support service personnel charged with managing the |
| 19 | | instructional programs, business and operations, and |
| 20 | | security of the Organizational Unit. |
| 21 | | "Comparable Wage Index" or "CWI" means a regional cost |
| 22 | | differentiation metric that measures systemic, regional |
| 23 | | variations in the salaries of college graduates who are |
| 24 | | not educators. The CWI utilized for this Section shall, |
| 25 | | for the first 3 years of Evidence-Based Funding |
| 26 | | implementation, be the CWI initially developed by the |
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| 1 | | National Center for Education Statistics, as most recently |
| 2 | | updated by Texas A & M University. In the fourth and |
| 3 | | subsequent years of Evidence-Based Funding implementation, |
| 4 | | the State Superintendent shall re-determine the CWI using |
| 5 | | a similar methodology to that identified in the Texas A & M |
| 6 | | University study, with adjustments made no less frequently |
| 7 | | than once every 5 years. |
| 8 | | "Computer technology and equipment" means computers |
| 9 | | servers, notebooks, network equipment, copiers, printers, |
| 10 | | instructional software, security software, curriculum |
| 11 | | management courseware, and other similar materials and |
| 12 | | equipment. |
| 13 | | "Computer technology and equipment investment |
| 14 | | allocation" means the final Adequacy Target amount of an |
| 15 | | Organizational Unit assigned to Tier 1 or Tier 2 in the |
| 16 | | prior school year attributable to the additional $285.50 |
| 17 | | per student computer technology and equipment investment |
| 18 | | grant divided by the Organizational Unit's final Adequacy |
| 19 | | Target, the result of which shall be multiplied by the |
| 20 | | amount of new funding received pursuant to this Section. |
| 21 | | An Organizational Unit assigned to a Tier 1 or Tier 2 final |
| 22 | | Adequacy Target attributable to the received computer |
| 23 | | technology and equipment investment grant shall include |
| 24 | | all additional investments in computer technology and |
| 25 | | equipment adequacy elements. |
| 26 | | "Core subject" means mathematics; science; reading, |
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| 1 | | English, writing, and language arts; history and social |
| 2 | | studies; world languages; and subjects taught as Advanced |
| 3 | | Placement in high schools. |
| 4 | | "Core teacher" means a regular classroom teacher in |
| 5 | | elementary schools and teachers of a core subject in |
| 6 | | middle and high schools. |
| 7 | | "Core Intervention teacher (tutor)" means a licensed |
| 8 | | teacher providing one-on-one or small group tutoring to |
| 9 | | students struggling to meet proficiency in core subjects. |
| 10 | | "CPPRT" means corporate personal property replacement |
| 11 | | tax funds paid to an Organizational Unit during the |
| 12 | | calendar year one year before the calendar year in which a |
| 13 | | school year begins, pursuant to "An Act in relation to the |
| 14 | | abolition of ad valorem personal property tax and the |
| 15 | | replacement of revenues lost thereby, and amending and |
| 16 | | repealing certain Acts and parts of Acts in connection |
| 17 | | therewith", certified August 14, 1979, as amended (Public |
| 18 | | Act 81-1st S.S.-1). |
| 19 | | "EAV" means equalized assessed valuation as defined in |
| 20 | | paragraph (2) of subsection (d) of this Section and |
| 21 | | calculated in accordance with paragraph (3) of subsection |
| 22 | | (d) of this Section. |
| 23 | | "ECI" means the Bureau of Labor Statistics' national |
| 24 | | employment cost index for civilian workers in educational |
| 25 | | services in elementary and secondary schools on a |
| 26 | | cumulative basis for the 12-month calendar year preceding |
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| 1 | | the fiscal year of the Evidence-Based Funding calculation. |
| 2 | | "EIS Data" means the employment information system |
| 3 | | data maintained by the State Board on educators within |
| 4 | | Organizational Units. |
| 5 | | "Employee benefits" means health, dental, and vision |
| 6 | | insurance offered to employees of an Organizational Unit, |
| 7 | | the costs associated with the statutorily required payment |
| 8 | | of the normal cost of the Organizational Unit's teacher |
| 9 | | pensions, Social Security employer contributions, and |
| 10 | | Illinois Municipal Retirement Fund employer contributions. |
| 11 | | "English learner" or "EL" means a child included in |
| 12 | | the definition of "English learners" under Section 14C-2 |
| 13 | | of this Code participating in a program of transitional |
| 14 | | bilingual education or a transitional program of |
| 15 | | instruction meeting the requirements and program |
| 16 | | application procedures of Article 14C of this Code. For |
| 17 | | the purposes of collecting the number of EL students |
| 18 | | enrolled, the same collection and calculation methodology |
| 19 | | as defined above for "ASE" shall apply to English |
| 20 | | learners, with the exception that EL student enrollment |
| 21 | | shall include students in grades pre-kindergarten through |
| 22 | | 12. |
| 23 | | "Essential Elements" means those elements, resources, |
| 24 | | and educational programs that have been identified through |
| 25 | | academic research as necessary to improve student success, |
| 26 | | improve academic performance, close achievement gaps, and |
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| 1 | | provide for other per student costs related to the |
| 2 | | delivery and leadership of the Organizational Unit, as |
| 3 | | well as the maintenance and operations of the unit, and |
| 4 | | which are specified in paragraph (2) of subsection (b) of |
| 5 | | this Section. |
| 6 | | "Evidence-Based Funding" means State funding provided |
| 7 | | to an Organizational Unit pursuant to this Section. |
| 8 | | "Extended day" means academic and enrichment programs |
| 9 | | provided to students outside the regular school day before |
| 10 | | and after school or during non-instructional times during |
| 11 | | the school day. |
| 12 | | "Extension Limitation Ratio" means a numerical ratio |
| 13 | | in which the numerator is the Base Tax Year's Extension |
| 14 | | and the denominator is the Preceding Tax Year's Extension. |
| 15 | | "Final Percent of Adequacy" is defined in paragraph |
| 16 | | (4) of subsection (f) of this Section. |
| 17 | | "Final Resources" is defined in paragraph (3) of |
| 18 | | subsection (f) of this Section. |
| 19 | | "Full-time equivalent" or "FTE" means the full-time |
| 20 | | equivalency compensation for staffing the relevant |
| 21 | | position at an Organizational Unit. |
| 22 | | "Funding Gap" is defined in paragraph (1) of |
| 23 | | subsection (g). |
| 24 | | "Hybrid District" means a partial elementary unit |
| 25 | | district created pursuant to Article 11E of this Code. |
| 26 | | "Instructional assistant" means a core or special |
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| 1 | | education, non-licensed employee who assists a teacher in |
| 2 | | the classroom and provides academic support to students. |
| 3 | | "Instructional facilitator" means a qualified teacher |
| 4 | | or licensed teacher leader who facilitates and coaches |
| 5 | | continuous improvement in classroom instruction; provides |
| 6 | | instructional support to teachers in the elements of |
| 7 | | research-based instruction or demonstrates the alignment |
| 8 | | of instruction with curriculum standards and assessment |
| 9 | | tools; develops or coordinates instructional programs or |
| 10 | | strategies; develops and implements training; chooses |
| 11 | | standards-based instructional materials; provides |
| 12 | | teachers with an understanding of current research; serves |
| 13 | | as a mentor, site coach, curriculum specialist, or lead |
| 14 | | teacher; or otherwise works with fellow teachers, in |
| 15 | | collaboration, to use data to improve instructional |
| 16 | | practice or develop model lessons. |
| 17 | | "Instructional materials" means relevant |
| 18 | | instructional materials for student instruction, |
| 19 | | including, but not limited to, textbooks, consumable |
| 20 | | workbooks, laboratory equipment, library books, and other |
| 21 | | similar materials. |
| 22 | | "Laboratory School" means a public school that is |
| 23 | | created and operated by a public university and approved |
| 24 | | by the State Board. |
| 25 | | "Librarian" means a teacher with an endorsement as a |
| 26 | | library information specialist or another individual whose |
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| 1 | | primary responsibility is overseeing library resources |
| 2 | | within an Organizational Unit. |
| 3 | | "Limiting rate for Hybrid Districts" means the |
| 4 | | combined elementary school and high school limiting rates. |
| 5 | | "Local Capacity" is defined in paragraph (1) of |
| 6 | | subsection (c) of this Section. |
| 7 | | "Local Capacity Percentage" is defined in subparagraph |
| 8 | | (A) of paragraph (2) of subsection (c) of this Section. |
| 9 | | "Local Capacity Ratio" is defined in subparagraph (B) |
| 10 | | of paragraph (2) of subsection (c) of this Section. |
| 11 | | "Local Capacity Target" is defined in paragraph (2) of |
| 12 | | subsection (c) of this Section. |
| 13 | | "Low-Income Count" means, for an Organizational Unit |
| 14 | | in a fiscal year, the higher of the average number of |
| 15 | | students for the prior school year or the immediately |
| 16 | | preceding 3 school years who, as of July 1 of the |
| 17 | | immediately preceding fiscal year (as determined by the |
| 18 | | Department of Human Services), are eligible for at least |
| 19 | | one of the following low-income programs: Medicaid, the |
| 20 | | Children's Health Insurance Program, Temporary Assistance |
| 21 | | for Needy Families (TANF), or the Supplemental Nutrition |
| 22 | | Assistance Program, excluding pupils who are eligible for |
| 23 | | services provided by the Department of Children and Family |
| 24 | | Services. Until such time that grade level low-income |
| 25 | | populations become available, grade level low-income |
| 26 | | populations shall be determined by applying the low-income |
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| 1 | | percentage to total student enrollments by grade level. |
| 2 | | The low-income percentage is determined by dividing the |
| 3 | | Low-Income Count by the Average Student Enrollment. The |
| 4 | | low-income percentage for programs operated by a regional |
| 5 | | office of education or an intermediate service center must |
| 6 | | be set to the weighted average of the low-income |
| 7 | | percentages of all of the school districts in the service |
| 8 | | region. The weighted low-income percentage is the result |
| 9 | | of multiplying the low-income percentage of each school |
| 10 | | district served by the regional office of education or |
| 11 | | intermediate service center by each school district's |
| 12 | | Average Student Enrollment, summarizing those products and |
| 13 | | dividing the total by the total Average Student Enrollment |
| 14 | | for the service region. |
| 15 | | "Maintenance and operations" means custodial services, |
| 16 | | facility and ground maintenance, facility operations, |
| 17 | | facility security, routine facility repairs, and other |
| 18 | | similar services and functions. |
| 19 | | "Minimum Funding Level" is defined in paragraph (9) of |
| 20 | | subsection (g) of this Section. |
| 21 | | "New Property Tax Relief Pool Funds" means, for any |
| 22 | | given fiscal year, all State funds appropriated under |
| 23 | | Section 2-3.170 of this Code. |
| 24 | | "New State Funds" means, for a given school year, all |
| 25 | | State funds appropriated for Evidence-Based Funding in |
| 26 | | excess of the amount needed to fund the Base Funding |
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| 1 | | Minimum for all Organizational Units in that school year. |
| 2 | | "Nurse" means an individual licensed as a certified |
| 3 | | school nurse, in accordance with the rules established for |
| 4 | | nursing services by the State Board, who is an employee of |
| 5 | | and is available to provide health care-related services |
| 6 | | for students of an Organizational Unit. |
| 7 | | "Operating Tax Rate" means the rate utilized in the |
| 8 | | previous year to extend property taxes for all purposes, |
| 9 | | except Bond and Interest, Summer School, Rent, Capital |
| 10 | | Improvement, and Vocational Education Building purposes. |
| 11 | | For Hybrid Districts, the Operating Tax Rate shall be the |
| 12 | | combined elementary and high school rates utilized in the |
| 13 | | previous year to extend property taxes for all purposes, |
| 14 | | except Bond and Interest, Summer School, Rent, Capital |
| 15 | | Improvement, and Vocational Education Building purposes. |
| 16 | | "Organizational Unit" means a Laboratory School or any |
| 17 | | public school district that is recognized as such by the |
| 18 | | State Board and that contains elementary schools typically |
| 19 | | serving kindergarten through 5th grades, middle schools |
| 20 | | typically serving 6th through 8th grades, high schools |
| 21 | | typically serving 9th through 12th grades, a program |
| 22 | | established under Section 2-3.66 or 2-3.41, or a program |
| 23 | | operated by a regional office of education or an |
| 24 | | intermediate service center under Article 13A or 13B. The |
| 25 | | General Assembly acknowledges that the actual grade levels |
| 26 | | served by a particular Organizational Unit may vary |
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| 1 | | slightly from what is typical. |
| 2 | | "Organizational Unit CWI" is determined by calculating |
| 3 | | the CWI in the region and original county in which an |
| 4 | | Organizational Unit's primary administrative office is |
| 5 | | located as set forth in this paragraph, provided that if |
| 6 | | the Organizational Unit CWI as calculated in accordance |
| 7 | | with this paragraph is less than 0.9, the Organizational |
| 8 | | Unit CWI shall be increased to 0.9. Each county's current |
| 9 | | CWI value shall be adjusted based on the CWI value of that |
| 10 | | county's neighboring Illinois counties, to create a |
| 11 | | "weighted adjusted index value". This shall be calculated |
| 12 | | by summing the CWI values of all of a county's adjacent |
| 13 | | Illinois counties and dividing by the number of adjacent |
| 14 | | Illinois counties, then taking the weighted value of the |
| 15 | | original county's CWI value and the adjacent Illinois |
| 16 | | county average. To calculate this weighted value, if the |
| 17 | | number of adjacent Illinois counties is greater than 2, |
| 18 | | the original county's CWI value will be weighted at 0.25 |
| 19 | | and the adjacent Illinois county average will be weighted |
| 20 | | at 0.75. If the number of adjacent Illinois counties is 2, |
| 21 | | the original county's CWI value will be weighted at 0.33 |
| 22 | | and the adjacent Illinois county average will be weighted |
| 23 | | at 0.66. The greater of the county's current CWI value and |
| 24 | | its weighted adjusted index value shall be used as the |
| 25 | | Organizational Unit CWI. |
| 26 | | "Preceding Tax Year" means the property tax levy year |
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| 1 | | immediately preceding the Base Tax Year. |
| 2 | | "Preceding Tax Year's Extension" means the product of |
| 3 | | the equalized assessed valuation utilized by the county |
| 4 | | clerk in the Preceding Tax Year multiplied by the |
| 5 | | Operating Tax Rate. |
| 6 | | "Preliminary Percent of Adequacy" is defined in |
| 7 | | paragraph (2) of subsection (f) of this Section. |
| 8 | | "Preliminary Resources" is defined in paragraph (2) of |
| 9 | | subsection (f) of this Section. |
| 10 | | "Principal" means a school administrator duly endorsed |
| 11 | | to be employed as a principal in this State. |
| 12 | | "Professional development" means training programs for |
| 13 | | licensed staff in schools, including, but not limited to, |
| 14 | | programs that assist in implementing new curriculum |
| 15 | | programs, provide data focused or academic assessment data |
| 16 | | training to help staff identify a student's weaknesses and |
| 17 | | strengths, target interventions, improve instruction, |
| 18 | | encompass instructional strategies for English learner, |
| 19 | | gifted, or at-risk students, address inclusivity, cultural |
| 20 | | sensitivity, or implicit bias, or otherwise provide |
| 21 | | professional support for licensed staff. |
| 22 | | "Prototypical" means 450 special education |
| 23 | | pre-kindergarten and kindergarten through grade 5 students |
| 24 | | for an elementary school, 450 grade 6 through 8 students |
| 25 | | for a middle school, and 600 grade 9 through 12 students |
| 26 | | for a high school. |
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| 1 | | "PTELL" means the Property Tax Extension Limitation |
| 2 | | Law. |
| 3 | | "PTELL EAV" is defined in paragraph (4) of subsection |
| 4 | | (d) of this Section. |
| 5 | | "Pupil support staff" means a nurse, psychologist, |
| 6 | | social worker, family liaison personnel, or other staff |
| 7 | | member who provides support to at-risk or struggling |
| 8 | | students. |
| 9 | | "Real Receipts" is defined in paragraph (1) of |
| 10 | | subsection (d) of this Section. |
| 11 | | "Regionalization Factor" means, for a particular |
| 12 | | Organizational Unit, the figure derived by dividing the |
| 13 | | Organizational Unit CWI by the Statewide Weighted CWI. |
| 14 | | "School counselor" means a licensed school counselor |
| 15 | | who provides guidance and counseling support for students |
| 16 | | within an Organizational Unit. |
| 17 | | "School site staff" means the primary school secretary |
| 18 | | and any additional clerical personnel assigned to a |
| 19 | | school. |
| 20 | | "Special education" means special educational |
| 21 | | facilities and services, as defined in Section 14-1.08 of |
| 22 | | this Code. |
| 23 | | "Special Education Allocation" means the amount of an |
| 24 | | Organizational Unit's final Adequacy Target attributable |
| 25 | | to special education divided by the Organizational Unit's |
| 26 | | final Adequacy Target, the product of which shall be |
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| 1 | | multiplied by the amount of new funding received pursuant |
| 2 | | to this Section. An Organizational Unit's final Adequacy |
| 3 | | Target attributable to special education shall include all |
| 4 | | special education investment adequacy elements. |
| 5 | | "Specialist teacher" means a teacher who provides |
| 6 | | instruction in subject areas not included in core |
| 7 | | subjects, including, but not limited to, art, music, |
| 8 | | physical education, health, driver education, |
| 9 | | career-technical education, and such other subject areas |
| 10 | | as may be mandated by State law or provided by an |
| 11 | | Organizational Unit. |
| 12 | | "Specially Funded Unit" means an Alternative School, |
| 13 | | safe school, Department of Juvenile Justice school, |
| 14 | | special education cooperative or entity recognized by the |
| 15 | | State Board as a special education cooperative, |
| 16 | | State-approved charter school, or alternative learning |
| 17 | | opportunities program that received direct funding from |
| 18 | | the State Board during the 2016-2017 school year through |
| 19 | | any of the funding sources included within the calculation |
| 20 | | of the Base Funding Minimum or Glenwood Academy. |
| 21 | | "Supplemental Grant Funding" means supplemental |
| 22 | | general State aid funding received by an Organizational |
| 23 | | Unit during the 2016-2017 school year pursuant to |
| 24 | | subsection (H) of Section 18-8.05 of this Code (now |
| 25 | | repealed). |
| 26 | | "State Adequacy Level" is the sum of the Adequacy |
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| 1 | | Targets of all Organizational Units. |
| 2 | | "State Board" means the State Board of Education. |
| 3 | | "State Superintendent" means the State Superintendent |
| 4 | | of Education. |
| 5 | | "Statewide Weighted CWI" means a figure determined by |
| 6 | | multiplying each Organizational Unit CWI times the ASE for |
| 7 | | that Organizational Unit creating a weighted value, |
| 8 | | summing all Organizational Units' weighted values, and |
| 9 | | dividing by the total ASE of all Organizational Units, |
| 10 | | thereby creating an average weighted index. |
| 11 | | "Student activities" means non-credit producing |
| 12 | | after-school programs, including, but not limited to, |
| 13 | | clubs, bands, sports, and other activities authorized by |
| 14 | | the school board of the Organizational Unit. |
| 15 | | "Substitute teacher" means an individual teacher or |
| 16 | | teaching assistant who is employed by an Organizational |
| 17 | | Unit and is temporarily serving the Organizational Unit on |
| 18 | | a per diem or per period-assignment basis to replace |
| 19 | | another staff member. |
| 20 | | "Summer school" means academic and enrichment programs |
| 21 | | provided to students during the summer months outside of |
| 22 | | the regular school year. |
| 23 | | "Supervisory aide" means a non-licensed staff member |
| 24 | | who helps in supervising students of an Organizational |
| 25 | | Unit, but does so outside of the classroom, in situations |
| 26 | | such as, but not limited to, monitoring hallways and |
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| 1 | | playgrounds, supervising lunchrooms, or supervising |
| 2 | | students when being transported in buses serving the |
| 3 | | Organizational Unit. |
| 4 | | "Target Ratio" is defined in paragraph (4) of |
| 5 | | subsection (g). |
| 6 | | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
| 7 | | in paragraph (3) of subsection (g). |
| 8 | | "Tier 1 Aggregate Funding", "Tier 2 Aggregate |
| 9 | | Funding", "Tier 3 Aggregate Funding", and "Tier 4 |
| 10 | | Aggregate Funding" are defined in paragraph (1) of |
| 11 | | subsection (g). |
| 12 | | (b) Adequacy Target calculation. |
| 13 | | (1) Each Organizational Unit's Adequacy Target is the |
| 14 | | sum of the Organizational Unit's cost of providing |
| 15 | | Essential Elements, as calculated in accordance with this |
| 16 | | subsection (b), with the salary amounts in the Essential |
| 17 | | Elements multiplied by a Regionalization Factor calculated |
| 18 | | pursuant to paragraph (3) of this subsection (b). |
| 19 | | (2) The Essential Elements are attributable on a pro |
| 20 | | rata basis related to defined subgroups of the ASE of each |
| 21 | | Organizational Unit as specified in this paragraph (2), |
| 22 | | with investments and FTE positions pro rata funded based |
| 23 | | on ASE counts in excess of or less than the thresholds set |
| 24 | | forth in this paragraph (2). The method for calculating |
| 25 | | attributable pro rata costs and the defined subgroups |
| 26 | | thereto are as follows: |
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| 1 | | (A) Core class size investments. Each |
| 2 | | Organizational Unit shall receive the funding required |
| 3 | | to support that number of FTE core teacher positions |
| 4 | | as is needed to keep the respective class sizes of the |
| 5 | | Organizational Unit to the following maximum numbers: |
| 6 | | (i) For grades kindergarten through 3, the |
| 7 | | Organizational Unit shall receive funding required |
| 8 | | to support one FTE core teacher position for every |
| 9 | | 15 Low-Income Count students in those grades and |
| 10 | | one FTE core teacher position for every 20 |
| 11 | | non-Low-Income Count students in those grades. |
| 12 | | (ii) For grades 4 through 12, the |
| 13 | | Organizational Unit shall receive funding required |
| 14 | | to support one FTE core teacher position for every |
| 15 | | 20 Low-Income Count students in those grades and |
| 16 | | one FTE core teacher position for every 25 |
| 17 | | non-Low-Income Count students in those grades. |
| 18 | | The number of non-Low-Income Count students in a |
| 19 | | grade shall be determined by subtracting the |
| 20 | | Low-Income students in that grade from the ASE of the |
| 21 | | Organizational Unit for that grade. |
| 22 | | (B) Specialist teacher investments. Each |
| 23 | | Organizational Unit shall receive the funding needed |
| 24 | | to cover that number of FTE specialist teacher |
| 25 | | positions that correspond to the following |
| 26 | | percentages: |
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| 1 | | (i) if the Organizational Unit operates an |
| 2 | | elementary or middle school, then 20.00% of the |
| 3 | | number of the Organizational Unit's core teachers, |
| 4 | | as determined under subparagraph (A) of this |
| 5 | | paragraph (2); and |
| 6 | | (ii) if such Organizational Unit operates a |
| 7 | | high school, then 33.33% of the number of the |
| 8 | | Organizational Unit's core teachers. |
| 9 | | (C) Instructional facilitator investments. Each |
| 10 | | Organizational Unit shall receive the funding needed |
| 11 | | to cover one FTE instructional facilitator position |
| 12 | | for every 200 combined ASE of pre-kindergarten |
| 13 | | children with disabilities and all kindergarten |
| 14 | | through grade 12 students of the Organizational Unit. |
| 15 | | (D) Core intervention teacher (tutor) investments. |
| 16 | | Each Organizational Unit shall receive the funding |
| 17 | | needed to cover one FTE teacher position for each |
| 18 | | prototypical elementary, middle, and high school. |
| 19 | | (E) Substitute teacher investments. Each |
| 20 | | Organizational Unit shall receive the funding needed |
| 21 | | to cover substitute teacher costs that is equal to |
| 22 | | 5.70% of the minimum pupil attendance days required |
| 23 | | under Section 10-19 of this Code for all full-time |
| 24 | | equivalent core, specialist, and intervention |
| 25 | | teachers, school nurses, special education teachers |
| 26 | | and instructional assistants, instructional |
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| 1 | | facilitators, and summer school and extended day |
| 2 | | teacher positions, as determined under this paragraph |
| 3 | | (2), at a salary rate of 33.33% of the average salary |
| 4 | | for grade K through 12 teachers and 33.33% of the |
| 5 | | average salary of each instructional assistant |
| 6 | | position. |
| 7 | | (F) Core school counselor investments. Each |
| 8 | | Organizational Unit shall receive the funding needed |
| 9 | | to cover one FTE school counselor for each 450 |
| 10 | | combined ASE of pre-kindergarten children with |
| 11 | | disabilities and all kindergarten through grade 5 |
| 12 | | students, plus one FTE school counselor for each 250 |
| 13 | | grades 6 through 8 ASE middle school students, plus |
| 14 | | one FTE school counselor for each 250 grades 9 through |
| 15 | | 12 ASE high school students. |
| 16 | | (G) Nurse investments. Each Organizational Unit |
| 17 | | shall receive the funding needed to cover one FTE |
| 18 | | nurse for each 750 combined ASE of pre-kindergarten |
| 19 | | children with disabilities and all kindergarten |
| 20 | | through grade 12 students across all grade levels it |
| 21 | | serves. |
| 22 | | (H) Supervisory aide investments. Each |
| 23 | | Organizational Unit shall receive the funding needed |
| 24 | | to cover one FTE for each 225 combined ASE of |
| 25 | | pre-kindergarten children with disabilities and all |
| 26 | | kindergarten through grade 5 students, plus one FTE |
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| 1 | | for each 225 ASE middle school students, plus one FTE |
| 2 | | for each 200 ASE high school students. |
| 3 | | (I) Librarian investments. Each Organizational |
| 4 | | Unit shall receive the funding needed to cover one FTE |
| 5 | | librarian for each prototypical elementary school, |
| 6 | | middle school, and high school and one FTE aide or |
| 7 | | media technician for every 300 combined ASE of |
| 8 | | pre-kindergarten children with disabilities and all |
| 9 | | kindergarten through grade 12 students. |
| 10 | | (J) Principal investments. Each Organizational |
| 11 | | Unit shall receive the funding needed to cover one FTE |
| 12 | | principal position for each prototypical elementary |
| 13 | | school, plus one FTE principal position for each |
| 14 | | prototypical middle school, plus one FTE principal |
| 15 | | position for each prototypical high school. |
| 16 | | (K) Assistant principal investments. Each |
| 17 | | Organizational Unit shall receive the funding needed |
| 18 | | to cover one FTE assistant principal position for each |
| 19 | | prototypical elementary school, plus one FTE assistant |
| 20 | | principal position for each prototypical middle |
| 21 | | school, plus one FTE assistant principal position for |
| 22 | | each prototypical high school. |
| 23 | | (L) School site staff investments. Each |
| 24 | | Organizational Unit shall receive the funding needed |
| 25 | | for one FTE position for each 225 ASE of |
| 26 | | pre-kindergarten children with disabilities and all |
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| 1 | | kindergarten through grade 5 students, plus one FTE |
| 2 | | position for each 225 ASE middle school students, plus |
| 3 | | one FTE position for each 200 ASE high school |
| 4 | | students. |
| 5 | | (M) Gifted investments. Each Organizational Unit |
| 6 | | shall receive $40 per kindergarten through grade 12 |
| 7 | | ASE. |
| 8 | | (N) Professional development investments. Each |
| 9 | | Organizational Unit shall receive $125 per student of |
| 10 | | the combined ASE of pre-kindergarten children with |
| 11 | | disabilities and all kindergarten through grade 12 |
| 12 | | students for trainers and other professional |
| 13 | | development-related expenses for supplies and |
| 14 | | materials. |
| 15 | | (O) Instructional material investments. Each |
| 16 | | Organizational Unit shall receive $190 per student of |
| 17 | | the combined ASE of pre-kindergarten children with |
| 18 | | disabilities and all kindergarten through grade 12 |
| 19 | | students to cover instructional material costs. |
| 20 | | (P) Assessment investments. Each Organizational |
| 21 | | Unit shall receive $25 per student of the combined ASE |
| 22 | | of pre-kindergarten children with disabilities and all |
| 23 | | kindergarten through grade 12 students to cover |
| 24 | | assessment costs. |
| 25 | | (Q) Computer technology and equipment investments. |
| 26 | | Each Organizational Unit shall receive $285.50 per |
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| 1 | | student of the combined ASE of pre-kindergarten |
| 2 | | children with disabilities and all kindergarten |
| 3 | | through grade 12 students to cover computer technology |
| 4 | | and equipment costs. For the 2018-2019 school year and |
| 5 | | subsequent school years, Organizational Units assigned |
| 6 | | to Tier 1 and Tier 2 in the prior school year shall |
| 7 | | receive an additional $285.50 per student of the |
| 8 | | combined ASE of pre-kindergarten children with |
| 9 | | disabilities and all kindergarten through grade 12 |
| 10 | | students to cover computer technology and equipment |
| 11 | | costs in the Organizational Unit's Adequacy Target. |
| 12 | | The State Board may establish additional requirements |
| 13 | | for Organizational Unit expenditures of funds received |
| 14 | | pursuant to this subparagraph (Q), including a |
| 15 | | requirement that funds received pursuant to this |
| 16 | | subparagraph (Q) may be used only for serving the |
| 17 | | technology needs of the district. It is the intent of |
| 18 | | Public Act 100-465 that all Tier 1 and Tier 2 districts |
| 19 | | receive the addition to their Adequacy Target in the |
| 20 | | following year, subject to compliance with the |
| 21 | | requirements of the State Board. |
| 22 | | (R) Student activities investments. Each |
| 23 | | Organizational Unit shall receive the following |
| 24 | | funding amounts to cover student activities: $100 per |
| 25 | | kindergarten through grade 5 ASE student in elementary |
| 26 | | school, plus $200 per ASE student in middle school, |
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| 1 | | plus $675 per ASE student in high school. |
| 2 | | (S) Maintenance and operations investments. Each |
| 3 | | Organizational Unit shall receive $1,038 per student |
| 4 | | of the combined ASE of pre-kindergarten children with |
| 5 | | disabilities and all kindergarten through grade 12 |
| 6 | | students for day-to-day maintenance and operations |
| 7 | | expenditures, including salary, supplies, and |
| 8 | | materials, as well as purchased services, but |
| 9 | | excluding employee benefits. The proportion of salary |
| 10 | | for the application of a Regionalization Factor and |
| 11 | | the calculation of benefits is equal to $352.92. |
| 12 | | (T) Central office investments. Each |
| 13 | | Organizational Unit shall receive $742 per student of |
| 14 | | the combined ASE of pre-kindergarten children with |
| 15 | | disabilities and all kindergarten through grade 12 |
| 16 | | students to cover central office operations, including |
| 17 | | administrators and classified personnel charged with |
| 18 | | managing the instructional programs, business and |
| 19 | | operations of the school district, and security |
| 20 | | personnel. The proportion of salary for the |
| 21 | | application of a Regionalization Factor and the |
| 22 | | calculation of benefits is equal to $368.48. |
| 23 | | (U) Employee benefit investments. Each |
| 24 | | Organizational Unit shall receive 30% of the total of |
| 25 | | all salary-calculated elements of the Adequacy Target, |
| 26 | | excluding substitute teachers and student activities |
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| 1 | | investments, to cover benefit costs. For central |
| 2 | | office and maintenance and operations investments, the |
| 3 | | benefit calculation shall be based upon the salary |
| 4 | | proportion of each investment. If at any time the |
| 5 | | responsibility for funding the employer normal cost of |
| 6 | | teacher pensions is assigned to school districts, then |
| 7 | | that amount certified by the Teachers' Retirement |
| 8 | | System of the State of Illinois to be paid by the |
| 9 | | Organizational Unit for the preceding school year |
| 10 | | shall be added to the benefit investment. For any |
| 11 | | fiscal year in which a school district organized under |
| 12 | | Article 34 of this Code is responsible for paying the |
| 13 | | employer normal cost of teacher pensions, then that |
| 14 | | amount of its employer normal cost plus the amount for |
| 15 | | retiree health insurance as certified by the Public |
| 16 | | School Teachers' Pension and Retirement Fund of |
| 17 | | Chicago to be paid by the school district for the |
| 18 | | preceding school year that is statutorily required to |
| 19 | | cover employer normal costs and the amount for retiree |
| 20 | | health insurance shall be added to the 30% specified |
| 21 | | in this subparagraph (U). The Teachers' Retirement |
| 22 | | System of the State of Illinois and the Public School |
| 23 | | Teachers' Pension and Retirement Fund of Chicago shall |
| 24 | | submit such information as the State Superintendent |
| 25 | | may require for the calculations set forth in this |
| 26 | | subparagraph (U). |
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| 1 | | (V) Additional investments in low-income students. |
| 2 | | In addition to and not in lieu of all other funding |
| 3 | | under this paragraph (2), each Organizational Unit |
| 4 | | shall receive funding based on the average teacher |
| 5 | | salary for grades K through 12 to cover the costs of: |
| 6 | | (i) one FTE intervention teacher (tutor) |
| 7 | | position for every 125 Low-Income Count students; |
| 8 | | (ii) one FTE pupil support staff position for |
| 9 | | every 125 Low-Income Count students; |
| 10 | | (iii) one FTE extended day teacher position |
| 11 | | for every 120 Low-Income Count students; and |
| 12 | | (iv) one FTE summer school teacher position |
| 13 | | for every 120 Low-Income Count students. |
| 14 | | (W) Additional investments in English learner |
| 15 | | students. In addition to and not in lieu of all other |
| 16 | | funding under this paragraph (2), each Organizational |
| 17 | | Unit shall receive funding based on the average |
| 18 | | teacher salary for grades K through 12 to cover the |
| 19 | | costs of: |
| 20 | | (i) one FTE intervention teacher (tutor) |
| 21 | | position for every 125 English learner students; |
| 22 | | (ii) one FTE pupil support staff position for |
| 23 | | every 125 English learner students; |
| 24 | | (iii) one FTE extended day teacher position |
| 25 | | for every 120 English learner students; |
| 26 | | (iv) one FTE summer school teacher position |
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| 1 | | for every 120 English learner students; and |
| 2 | | (v) one FTE core teacher position for every |
| 3 | | 100 English learner students. |
| 4 | | (X) Special education investments. Each |
| 5 | | Organizational Unit shall receive funding based on the |
| 6 | | average teacher salary for grades K through 12 to |
| 7 | | cover special education as follows: |
| 8 | | (i) one FTE teacher position for every 141 |
| 9 | | combined ASE of pre-kindergarten children with |
| 10 | | disabilities and all kindergarten through grade 12 |
| 11 | | students; |
| 12 | | (ii) one FTE instructional assistant for every |
| 13 | | 141 combined ASE of pre-kindergarten children with |
| 14 | | disabilities and all kindergarten through grade 12 |
| 15 | | students; and |
| 16 | | (iii) one FTE psychologist position for every |
| 17 | | 1,000 combined ASE of pre-kindergarten children |
| 18 | | with disabilities and all kindergarten through |
| 19 | | grade 12 students. |
| 20 | | (3) For calculating the salaries included within the |
| 21 | | Essential Elements, the State Superintendent shall |
| 22 | | annually calculate average salaries to the nearest dollar |
| 23 | | using the employment information system data maintained by |
| 24 | | the State Board, limited to public schools only and |
| 25 | | excluding special education and vocational cooperatives, |
| 26 | | schools operated by the Department of Juvenile Justice, |
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| 1 | | and charter schools, for the following positions: |
| 2 | | (A) Teacher for grades K through 8. |
| 3 | | (B) Teacher for grades 9 through 12. |
| 4 | | (C) Teacher for grades K through 12. |
| 5 | | (D) School counselor for grades K through 8. |
| 6 | | (E) School counselor for grades 9 through 12. |
| 7 | | (F) School counselor for grades K through 12. |
| 8 | | (G) Social worker. |
| 9 | | (H) Psychologist. |
| 10 | | (I) Librarian. |
| 11 | | (J) Nurse. |
| 12 | | (K) Principal. |
| 13 | | (L) Assistant principal. |
| 14 | | For the purposes of this paragraph (3), "teacher" |
| 15 | | includes core teachers, specialist and elective teachers, |
| 16 | | instructional facilitators, tutors, special education |
| 17 | | teachers, pupil support staff teachers, English learner |
| 18 | | teachers, extended day teachers, and summer school |
| 19 | | teachers. Where specific grade data is not required for |
| 20 | | the Essential Elements, the average salary for |
| 21 | | corresponding positions shall apply. For substitute |
| 22 | | teachers, the average teacher salary for grades K through |
| 23 | | 12 shall apply. |
| 24 | | For calculating the salaries included within the |
| 25 | | Essential Elements for positions not included within EIS |
| 26 | | Data, the following salaries shall be used in the first |
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| 1 | | year of implementation of Evidence-Based Funding: |
| 2 | | (i) school site staff, $30,000; and |
| 3 | | (ii) non-instructional assistant, instructional |
| 4 | | assistant, library aide, library media tech, or |
| 5 | | supervisory aide: $25,000. |
| 6 | | In the second and subsequent years of implementation |
| 7 | | of Evidence-Based Funding, the amounts in items (i) and |
| 8 | | (ii) of this paragraph (3) shall annually increase by the |
| 9 | | ECI. |
| 10 | | The salary amounts for the Essential Elements |
| 11 | | determined pursuant to subparagraphs (A) through (L), (S) |
| 12 | | and (T), and (V) through (X) of paragraph (2) of |
| 13 | | subsection (b) of this Section shall be multiplied by a |
| 14 | | Regionalization Factor. |
| 15 | | (c) Local Capacity calculation. |
| 16 | | (1) Each Organizational Unit's Local Capacity |
| 17 | | represents an amount of funding it is assumed to |
| 18 | | contribute toward its Adequacy Target for purposes of the |
| 19 | | Evidence-Based Funding formula calculation. "Local |
| 20 | | Capacity" means either (i) the Organizational Unit's Local |
| 21 | | Capacity Target as calculated in accordance with paragraph |
| 22 | | (2) of this subsection (c) if its Real Receipts are equal |
| 23 | | to or less than its Local Capacity Target or (ii) the |
| 24 | | Organizational Unit's Adjusted Local Capacity, as |
| 25 | | calculated in accordance with paragraph (3) of this |
| 26 | | subsection (c) if Real Receipts are more than its Local |
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| 1 | | Capacity Target. |
| 2 | | (2) "Local Capacity Target" means, for an |
| 3 | | Organizational Unit, that dollar amount that is obtained |
| 4 | | by multiplying its Adequacy Target by its Local Capacity |
| 5 | | Ratio. |
| 6 | | (A) An Organizational Unit's Local Capacity |
| 7 | | Percentage is the conversion of the Organizational |
| 8 | | Unit's Local Capacity Ratio, as such ratio is |
| 9 | | determined in accordance with subparagraph (B) of this |
| 10 | | paragraph (2), into a cumulative distribution |
| 11 | | resulting in a percentile ranking to determine each |
| 12 | | Organizational Unit's relative position to all other |
| 13 | | Organizational Units in this State. The calculation of |
| 14 | | Local Capacity Percentage is described in subparagraph |
| 15 | | (C) of this paragraph (2). |
| 16 | | (B) An Organizational Unit's Local Capacity Ratio |
| 17 | | in a given year is the percentage obtained by dividing |
| 18 | | its Adjusted EAV or PTELL EAV, whichever is less, by |
| 19 | | its Adequacy Target, with the resulting ratio further |
| 20 | | adjusted as follows: |
| 21 | | (i) for Organizational Units serving grades |
| 22 | | kindergarten through 12 and Hybrid Districts, no |
| 23 | | further adjustments shall be made; |
| 24 | | (ii) for Organizational Units serving grades |
| 25 | | kindergarten through 8, the ratio shall be |
| 26 | | multiplied by 9/13; |
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| 1 | | (iii) for Organizational Units serving grades |
| 2 | | 9 through 12, the Local Capacity Ratio shall be |
| 3 | | multiplied by 4/13; and |
| 4 | | (iv) for an Organizational Unit with a |
| 5 | | different grade configuration than those specified |
| 6 | | in items (i) through (iii) of this subparagraph |
| 7 | | (B), the State Superintendent shall determine a |
| 8 | | comparable adjustment based on the grades served. |
| 9 | | (C) The Local Capacity Percentage is equal to the |
| 10 | | percentile ranking of the district. Local Capacity |
| 11 | | Percentage converts each Organizational Unit's Local |
| 12 | | Capacity Ratio to a cumulative distribution resulting |
| 13 | | in a percentile ranking to determine each |
| 14 | | Organizational Unit's relative position to all other |
| 15 | | Organizational Units in this State. The Local Capacity |
| 16 | | Percentage cumulative distribution resulting in a |
| 17 | | percentile ranking for each Organizational Unit shall |
| 18 | | be calculated using the standard normal distribution |
| 19 | | of the score in relation to the weighted mean and |
| 20 | | weighted standard deviation and Local Capacity Ratios |
| 21 | | of all Organizational Units. If the value assigned to |
| 22 | | any Organizational Unit is in excess of 90%, the value |
| 23 | | shall be adjusted to 90%. For Laboratory Schools, the |
| 24 | | Local Capacity Percentage shall be set at 10% in
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| 25 | | recognition of the absence of EAV and resources from |
| 26 | | the public university that are allocated to
the |
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| 1 | | Laboratory School. For programs operated by a regional |
| 2 | | office of education or an intermediate service center, |
| 3 | | the Local Capacity Percentage must be set at 10% in |
| 4 | | recognition of the absence of EAV and resources from |
| 5 | | school districts that are allocated to the regional |
| 6 | | office of education or intermediate service center. |
| 7 | | The weighted mean for the Local Capacity Percentage |
| 8 | | shall be determined by multiplying each Organizational |
| 9 | | Unit's Local Capacity Ratio times the ASE for the unit |
| 10 | | creating a weighted value, summing the weighted values |
| 11 | | of all Organizational Units, and dividing by the total |
| 12 | | ASE of all Organizational Units. The weighted standard |
| 13 | | deviation shall be determined by taking the square |
| 14 | | root of the weighted variance of all Organizational |
| 15 | | Units' Local Capacity Ratio, where the variance is |
| 16 | | calculated by squaring the difference between each |
| 17 | | unit's Local Capacity Ratio and the weighted mean, |
| 18 | | then multiplying the variance for each unit times the |
| 19 | | ASE for the unit to create a weighted variance for each |
| 20 | | unit, then summing all units' weighted variance and |
| 21 | | dividing by the total ASE of all units. |
| 22 | | (D) For any Organizational Unit, the |
| 23 | | Organizational Unit's Adjusted Local Capacity Target |
| 24 | | shall be reduced by either (i) the school board's |
| 25 | | remaining contribution pursuant to paragraph (ii) of |
| 26 | | subsection (b-4) of Section 16-158 of the Illinois |
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| 1 | | Pension Code in a given year or (ii) the board of |
| 2 | | education's remaining contribution pursuant to |
| 3 | | paragraph (iv) of subsection (b) of Section 17-129 of |
| 4 | | the Illinois Pension Code absent the employer normal |
| 5 | | cost portion of the required contribution and amount |
| 6 | | allowed pursuant to subdivision (3) of Section |
| 7 | | 17-142.1 of the Illinois Pension Code in a given year. |
| 8 | | In the preceding sentence, item (i) shall be certified |
| 9 | | to the State Board of Education by the Teachers' |
| 10 | | Retirement System of the State of Illinois and item |
| 11 | | (ii) shall be certified to the State Board of |
| 12 | | Education by the Public School Teachers' Pension and |
| 13 | | Retirement Fund of the City of Chicago. |
| 14 | | (3) If an Organizational Unit's Real Receipts are more |
| 15 | | than its Local Capacity Target, then its Local Capacity |
| 16 | | shall equal an Adjusted Local Capacity Target as |
| 17 | | calculated in accordance with this paragraph (3). The |
| 18 | | Adjusted Local Capacity Target is calculated as the sum of |
| 19 | | the Organizational Unit's Local Capacity Target and its |
| 20 | | Real Receipts Adjustment. The Real Receipts Adjustment |
| 21 | | equals the Organizational Unit's Real Receipts less its |
| 22 | | Local Capacity Target, with the resulting figure |
| 23 | | multiplied by the Local Capacity Percentage. |
| 24 | | As used in this paragraph (3), "Real Percent of |
| 25 | | Adequacy" means the sum of an Organizational Unit's Real |
| 26 | | Receipts, CPPRT, and Base Funding Minimum, with the |
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| 1 | | resulting figure divided by the Organizational Unit's |
| 2 | | Adequacy Target. |
| 3 | | (d) Calculation of Real Receipts, EAV, and Adjusted EAV |
| 4 | | for purposes of the Local Capacity calculation. |
| 5 | | (1) An Organizational Unit's Real Receipts are the |
| 6 | | product of its Applicable Tax Rate and its Adjusted EAV. |
| 7 | | An Organizational Unit's Applicable Tax Rate is its |
| 8 | | Adjusted Operating Tax Rate for property within the |
| 9 | | Organizational Unit. |
| 10 | | (2) The State Superintendent shall calculate the |
| 11 | | equalized assessed valuation, or EAV, of all taxable |
| 12 | | property of each Organizational Unit as of September 30 of |
| 13 | | the previous year in accordance with paragraph (3) of this |
| 14 | | subsection (d). The State Superintendent shall then |
| 15 | | determine the Adjusted EAV of each Organizational Unit in |
| 16 | | accordance with paragraph (4) of this subsection (d), |
| 17 | | which Adjusted EAV figure shall be used for the purposes |
| 18 | | of calculating Local Capacity. |
| 19 | | (3) To calculate Real Receipts and EAV, the Department |
| 20 | | of Revenue shall supply to the State Superintendent the |
| 21 | | value as equalized or assessed by the Department of |
| 22 | | Revenue of all taxable property of every Organizational |
| 23 | | Unit, together with (i) the applicable tax rate used in |
| 24 | | extending taxes for the funds of the Organizational Unit |
| 25 | | as of September 30 of the previous year and (ii) the |
| 26 | | limiting rate for all Organizational Units subject to |
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| 1 | | property tax extension limitations as imposed under PTELL. |
| 2 | | (A) The Department of Revenue shall add to the |
| 3 | | equalized assessed value of all taxable property of |
| 4 | | each Organizational Unit situated entirely or |
| 5 | | partially within a county that is or was subject to the |
| 6 | | provisions of Section 15-176 or 15-177 of the Property |
| 7 | | Tax Code (i) an amount equal to the total amount by |
| 8 | | which the homestead exemption allowed under Section |
| 9 | | 15-176 or 15-177 of the Property Tax Code for real |
| 10 | | property situated in that Organizational Unit exceeds |
| 11 | | the total amount that would have been allowed in that |
| 12 | | Organizational Unit if the maximum reduction under |
| 13 | | Section 15-176 was (I) $4,500 in Cook County or $3,500 |
| 14 | | in all other counties in tax year 2003 or (II) $5,000 |
| 15 | | in all counties in tax year 2004 and thereafter and |
| 16 | | (ii) an amount equal to the aggregate amount for the |
| 17 | | taxable year of all additional exemptions under |
| 18 | | Section 15-175 of the Property Tax Code for owners |
| 19 | | with a household income of $30,000 or less. The county |
| 20 | | clerk of any county that is or was subject to the |
| 21 | | provisions of Section 15-176 or 15-177 of the Property |
| 22 | | Tax Code shall annually calculate and certify to the |
| 23 | | Department of Revenue for each Organizational Unit all |
| 24 | | homestead exemption amounts under Section 15-176 or |
| 25 | | 15-177 of the Property Tax Code and all amounts of |
| 26 | | additional exemptions under Section 15-175 of the |
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| 1 | | Property Tax Code for owners with a household income |
| 2 | | of $30,000 or less. It is the intent of this |
| 3 | | subparagraph (A) that if the general homestead |
| 4 | | exemption for a parcel of property is determined under |
| 5 | | Section 15-176 or 15-177 of the Property Tax Code |
| 6 | | rather than Section 15-175, then the calculation of |
| 7 | | EAV shall not be affected by the difference, if any, |
| 8 | | between the amount of the general homestead exemption |
| 9 | | allowed for that parcel of property under Section |
| 10 | | 15-176 or 15-177 of the Property Tax Code and the |
| 11 | | amount that would have been allowed had the general |
| 12 | | homestead exemption for that parcel of property been |
| 13 | | determined under Section 15-175 of the Property Tax |
| 14 | | Code. It is further the intent of this subparagraph |
| 15 | | (A) that if additional exemptions are allowed under |
| 16 | | Section 15-175 of the Property Tax Code for owners |
| 17 | | with a household income of less than $30,000, then the |
| 18 | | calculation of EAV shall not be affected by the |
| 19 | | difference, if any, because of those additional |
| 20 | | exemptions. |
| 21 | | (B) With respect to any part of an Organizational |
| 22 | | Unit within a redevelopment project area in respect to |
| 23 | | which a municipality has adopted tax increment |
| 24 | | allocation financing pursuant to the Tax Increment |
| 25 | | Allocation Redevelopment Act, Division 74.4 of Article |
| 26 | | 11 of the Illinois Municipal Code, or the Industrial |
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| 1 | | Jobs Recovery Law, Division 74.6 of Article 11 of the |
| 2 | | Illinois Municipal Code, no part of the current EAV of |
| 3 | | real property located in any such project area that is |
| 4 | | attributable to an increase above the total initial |
| 5 | | EAV of such property shall be used as part of the EAV |
| 6 | | of the Organizational Unit, until such time as all |
| 7 | | redevelopment project costs have been paid, as |
| 8 | | provided in Section 11-74.4-8 of the Tax Increment |
| 9 | | Allocation Redevelopment Act or in Section 11-74.6-35 |
| 10 | | of the Industrial Jobs Recovery Law. For the purpose |
| 11 | | of the EAV of the Organizational Unit, the total |
| 12 | | initial EAV or the current EAV, whichever is lower, |
| 13 | | shall be used until such time as all redevelopment |
| 14 | | project costs have been paid. |
| 15 | | (B-5) The real property equalized assessed |
| 16 | | valuation for a school district shall be adjusted by |
| 17 | | subtracting from the real property value, as equalized |
| 18 | | or assessed by the Department of Revenue, for the |
| 19 | | district an amount computed by dividing the amount of |
| 20 | | any abatement of taxes under Section 18-170 of the |
| 21 | | Property Tax Code by 3.00% for a district maintaining |
| 22 | | grades kindergarten through 12, by 2.30% for a |
| 23 | | district maintaining grades kindergarten through 8, or |
| 24 | | by 1.05% for a district maintaining grades 9 through |
| 25 | | 12 and adjusted by an amount computed by dividing the |
| 26 | | amount of any abatement of taxes under subsection (a) |
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| 1 | | of Section 18-165 of the Property Tax Code by the same |
| 2 | | percentage rates for district type as specified in |
| 3 | | this subparagraph (B-5). |
| 4 | | (C) For Organizational Units that are Hybrid |
| 5 | | Districts, the State Superintendent shall use the |
| 6 | | lesser of the adjusted equalized assessed valuation |
| 7 | | for property within the partial elementary unit |
| 8 | | district for elementary purposes, as defined in |
| 9 | | Article 11E of this Code, or the adjusted equalized |
| 10 | | assessed valuation for property within the partial |
| 11 | | elementary unit district for high school purposes, as |
| 12 | | defined in Article 11E of this Code. |
| 13 | | (D) If a school district's boundaries span |
| 14 | | multiple counties, then the Department of Revenue |
| 15 | | shall send to the State Board, for the purposes of |
| 16 | | calculating Evidence-Based Funding, the limiting rate |
| 17 | | and individual rates by purpose for the county that |
| 18 | | contains the majority of the school district's |
| 19 | | equalized assessed valuation. |
| 20 | | (4) An Organizational Unit's Adjusted EAV shall be the |
| 21 | | average of its EAV over the immediately preceding 3 years |
| 22 | | or the lesser of its EAV in the immediately preceding year |
| 23 | | or the average of its EAV over the immediately preceding 3 |
| 24 | | years if the EAV in the immediately preceding year has |
| 25 | | declined by 10% or more when comparing the 2 most recent |
| 26 | | years. In the event of Organizational Unit reorganization, |
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| 1 | | consolidation, or annexation, the Organizational Unit's |
| 2 | | Adjusted EAV for the first 3 years after such change shall |
| 3 | | be as follows: the most current EAV shall be used in the |
| 4 | | first year, the average of a 2-year EAV or its EAV in the |
| 5 | | immediately preceding year if the EAV declines by 10% or |
| 6 | | more when comparing the 2 most recent years for the second |
| 7 | | year, and the lesser of a 3-year average EAV or its EAV in |
| 8 | | the immediately preceding year if the Adjusted EAV |
| 9 | | declines by 10% or more when comparing the 2 most recent |
| 10 | | years for the third year. For any school district whose |
| 11 | | EAV in the immediately preceding year is used in |
| 12 | | calculations, in the following year, the Adjusted EAV |
| 13 | | shall be the average of its EAV over the immediately |
| 14 | | preceding 2 years or the immediately preceding year if |
| 15 | | that year represents a decline of 10% or more when |
| 16 | | comparing the 2 most recent years. |
| 17 | | "PTELL EAV" means a figure calculated by the State |
| 18 | | Board for Organizational Units subject to PTELL as |
| 19 | | described in this paragraph (4) for the purposes of |
| 20 | | calculating an Organizational Unit's Local Capacity Ratio. |
| 21 | | Except as otherwise provided in this paragraph (4), the |
| 22 | | PTELL EAV of an Organizational Unit shall be equal to the |
| 23 | | product of the equalized assessed valuation last used in |
| 24 | | the calculation of general State aid under Section 18-8.05 |
| 25 | | of this Code (now repealed) or Evidence-Based Funding |
| 26 | | under this Section and the Organizational Unit's Extension |
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| 1 | | Limitation Ratio. If an Organizational Unit has approved |
| 2 | | or does approve an increase in its limiting rate, pursuant |
| 3 | | to Section 18-190 of the Property Tax Code, affecting the |
| 4 | | Base Tax Year, the PTELL EAV shall be equal to the product |
| 5 | | of the equalized assessed valuation last used in the |
| 6 | | calculation of general State aid under Section 18-8.05 of |
| 7 | | this Code (now repealed) or Evidence-Based Funding under |
| 8 | | this Section multiplied by an amount equal to one plus the |
| 9 | | percentage increase, if any, in the Consumer Price Index |
| 10 | | for All Urban Consumers for all items published by the |
| 11 | | United States Department of Labor for the 12-month |
| 12 | | calendar year preceding the Base Tax Year, plus the |
| 13 | | equalized assessed valuation of new property, annexed |
| 14 | | property, and recovered tax increment value and minus the |
| 15 | | equalized assessed valuation of disconnected property. |
| 16 | | As used in this paragraph (4), "new property" and |
| 17 | | "recovered tax increment value" shall have the meanings |
| 18 | | set forth in the Property Tax Extension Limitation Law. |
| 19 | | (e) Base Funding Minimum calculation. |
| 20 | | (1) For the 2017-2018 school year, the Base Funding |
| 21 | | Minimum of an Organizational Unit or a Specially Funded |
| 22 | | Unit shall be the amount of State funds distributed to the |
| 23 | | Organizational Unit or Specially Funded Unit during the |
| 24 | | 2016-2017 school year prior to any adjustments and |
| 25 | | specified appropriation amounts described in this |
| 26 | | paragraph (1) from the following Sections, as calculated |
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| 1 | | by the State Superintendent: Section 18-8.05 of this Code |
| 2 | | (now repealed); Section 5 of Article 224 of Public Act |
| 3 | | 99-524 (equity grants); Section 14-7.02b of this Code |
| 4 | | (funding for children requiring special education |
| 5 | | services); Section 14-13.01 of this Code (special |
| 6 | | education facilities and staffing), except for |
| 7 | | reimbursement of the cost of transportation pursuant to |
| 8 | | Section 14-13.01; Section 14C-12 of this Code (English |
| 9 | | learners); and Section 18-4.3 of this Code (summer |
| 10 | | school), based on an appropriation level of $13,121,600. |
| 11 | | For a school district organized under Article 34 of this |
| 12 | | Code, the Base Funding Minimum also includes (i) the funds |
| 13 | | allocated to the school district pursuant to Section 1D-1 |
| 14 | | of this Code attributable to funding programs authorized |
| 15 | | by the Sections of this Code listed in the preceding |
| 16 | | sentence and (ii) the difference between (I) the funds |
| 17 | | allocated to the school district pursuant to Section 1D-1 |
| 18 | | of this Code attributable to the funding programs |
| 19 | | authorized by Section 14-7.02 (non-public special |
| 20 | | education reimbursement), subsection (b) of Section |
| 21 | | 14-13.01 (special education transportation), Section 29-5 |
| 22 | | (transportation), Section 2-3.80 (agricultural |
| 23 | | education), Section 2-3.66 (truants' alternative |
| 24 | | education), Section 2-3.62 (educational service centers), |
| 25 | | and Section 14-7.03 (special education - orphanage) of |
| 26 | | this Code and Section 15 of the Childhood Hunger Relief |
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| 1 | | Act (free breakfast program) and (II) the school |
| 2 | | district's actual expenditures for its non-public special |
| 3 | | education, special education transportation, |
| 4 | | transportation programs, agricultural education, truants' |
| 5 | | alternative education, services that would otherwise be |
| 6 | | performed by a regional office of education, special |
| 7 | | education orphanage expenditures, and free breakfast, as |
| 8 | | most recently calculated and reported pursuant to |
| 9 | | subsection (f) of Section 1D-1 of this Code. The Base |
| 10 | | Funding Minimum for Glenwood Academy shall be $952,014 |
| 11 | | $625,500. For programs operated by a regional office of |
| 12 | | education or an intermediate service center, the Base |
| 13 | | Funding Minimum must be the total amount of State funds |
| 14 | | allocated to those programs in the 2018-2019 school year |
| 15 | | and amounts provided pursuant to Article 34 of Public Act |
| 16 | | 100-586 and Section 3-16 of this Code. All programs |
| 17 | | established after June 5, 2019 (the effective date of |
| 18 | | Public Act 101-10) and administered by a regional office |
| 19 | | of education or an intermediate service center must have |
| 20 | | an initial Base Funding Minimum set to an amount equal to |
| 21 | | the first-year ASE multiplied by the amount of per pupil |
| 22 | | funding received in the previous school year by the lowest |
| 23 | | funded similar existing program type. If the enrollment |
| 24 | | for a program operated by a regional office of education |
| 25 | | or an intermediate service center is zero, then it may not |
| 26 | | receive Base Funding Minimum funds for that program in the |
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| 1 | | next fiscal year, and those funds must be distributed to |
| 2 | | Organizational Units under subsection (g). |
| 3 | | (2) For the 2018-2019 and subsequent school years, the |
| 4 | | Base Funding Minimum of Organizational Units and Specially |
| 5 | | Funded Units shall be the sum of (i) the amount of |
| 6 | | Evidence-Based Funding for the prior school year, (ii) the |
| 7 | | Base Funding Minimum for the prior school year, and (iii) |
| 8 | | any amount received by a school district pursuant to |
| 9 | | Section 7 of Article 97 of Public Act 100-21. |
| 10 | | For the 2022-2023 school year, the Base Funding |
| 11 | | Minimum of Organizational Units shall be the amounts |
| 12 | | recalculated by the State Board of Education for Fiscal |
| 13 | | Year 2019 through Fiscal Year 2022 that were necessary due |
| 14 | | to average student enrollment errors for districts |
| 15 | | organized under Article 34 of this Code, plus the Fiscal |
| 16 | | Year 2022 property tax relief grants provided under |
| 17 | | Section 2-3.170 of this Code, ensuring each Organizational |
| 18 | | Unit has the correct amount of resources for Fiscal Year |
| 19 | | 2023 Evidence-Based Funding calculations and that Fiscal |
| 20 | | Year 2023 Evidence-Based Funding Distributions are made in |
| 21 | | accordance with this Section. |
| 22 | | (3) Subject to approval by the General Assembly as |
| 23 | | provided in this paragraph (3), an Organizational Unit |
| 24 | | that meets all of the following criteria, as determined by |
| 25 | | the State Board, shall have District Intervention Money |
| 26 | | added to its Base Funding Minimum at the time the Base |
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| 1 | | Funding Minimum is calculated by the State Board: |
| 2 | | (A) The Organizational Unit is operating under an |
| 3 | | Independent Authority under Section 2-3.25f-5 of this |
| 4 | | Code for a minimum of 4 school years or is subject to |
| 5 | | the control of the State Board pursuant to a court |
| 6 | | order for a minimum of 4 school years. |
| 7 | | (B) The Organizational Unit was designated as a |
| 8 | | Tier 1 or Tier 2 Organizational Unit in the previous |
| 9 | | school year under paragraph (3) of subsection (g) of |
| 10 | | this Section. |
| 11 | | (C) The Organizational Unit demonstrates |
| 12 | | sustainability through a 5-year financial and |
| 13 | | strategic plan. |
| 14 | | (D) The Organizational Unit has made sufficient |
| 15 | | progress and achieved sufficient stability in the |
| 16 | | areas of governance, academic growth, and finances. |
| 17 | | As part of its determination under this paragraph (3), |
| 18 | | the State Board may consider the Organizational Unit's |
| 19 | | summative designation, any accreditations of the |
| 20 | | Organizational Unit, or the Organizational Unit's |
| 21 | | financial profile, as calculated by the State Board. |
| 22 | | If the State Board determines that an Organizational |
| 23 | | Unit has met the criteria set forth in this paragraph (3), |
| 24 | | it must submit a report to the General Assembly, no later |
| 25 | | than January 2 of the fiscal year in which the State Board |
| 26 | | makes it determination, on the amount of District |
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| 1 | | Intervention Money to add to the Organizational Unit's |
| 2 | | Base Funding Minimum. The General Assembly must review the |
| 3 | | State Board's report and may approve or disapprove, by |
| 4 | | joint resolution, the addition of District Intervention |
| 5 | | Money. If the General Assembly fails to act on the report |
| 6 | | within 40 calendar days from the receipt of the report, |
| 7 | | the addition of District Intervention Money is deemed |
| 8 | | approved. If the General Assembly approves the amount of |
| 9 | | District Intervention Money to be added to the |
| 10 | | Organizational Unit's Base Funding Minimum, the District |
| 11 | | Intervention Money must be added to the Base Funding |
| 12 | | Minimum annually thereafter. |
| 13 | | For the first 4 years following the initial year that |
| 14 | | the State Board determines that an Organizational Unit has |
| 15 | | met the criteria set forth in this paragraph (3) and has |
| 16 | | received funding under this Section, the Organizational |
| 17 | | Unit must annually submit to the State Board, on or before |
| 18 | | November 30, a progress report regarding its financial and |
| 19 | | strategic plan under subparagraph (C) of this paragraph |
| 20 | | (3). The plan shall include the financial data from the |
| 21 | | past 4 annual financial reports or financial audits that |
| 22 | | must be presented to the State Board by November 15 of each |
| 23 | | year and the approved budget financial data for the |
| 24 | | current year. The plan shall be developed according to the |
| 25 | | guidelines presented to the Organizational Unit by the |
| 26 | | State Board. The plan shall further include financial |
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| 1 | | projections for the next 3 fiscal years and include a |
| 2 | | discussion and financial summary of the Organizational |
| 3 | | Unit's facility needs. If the Organizational Unit does not |
| 4 | | demonstrate sufficient progress toward its 5-year plan or |
| 5 | | if it has failed to file an annual financial report, an |
| 6 | | annual budget, a financial plan, a deficit reduction plan, |
| 7 | | or other financial information as required by law, the |
| 8 | | State Board may establish a Financial Oversight Panel |
| 9 | | under Article 1H of this Code. However, if the |
| 10 | | Organizational Unit already has a Financial Oversight |
| 11 | | Panel, the State Board may extend the duration of the |
| 12 | | Panel. |
| 13 | | (f) Percent of Adequacy and Final Resources calculation. |
| 14 | | (1) The Evidence-Based Funding formula establishes a |
| 15 | | Percent of Adequacy for each Organizational Unit in order |
| 16 | | to place such units into tiers for the purposes of the |
| 17 | | funding distribution system described in subsection (g) of |
| 18 | | this Section. Initially, an Organizational Unit's |
| 19 | | Preliminary Resources and Preliminary Percent of Adequacy |
| 20 | | are calculated pursuant to paragraph (2) of this |
| 21 | | subsection (f). Then, an Organizational Unit's Final |
| 22 | | Resources and Final Percent of Adequacy are calculated to |
| 23 | | account for the Organizational Unit's poverty |
| 24 | | concentration levels pursuant to paragraphs (3) and (4) of |
| 25 | | this subsection (f). |
| 26 | | (2) An Organizational Unit's Preliminary Resources are |
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| 1 | | equal to the sum of its Local Capacity Target, CPPRT, and |
| 2 | | Base Funding Minimum. An Organizational Unit's Preliminary |
| 3 | | Percent of Adequacy is the lesser of (i) its Preliminary |
| 4 | | Resources divided by its Adequacy Target or (ii) 100%. |
| 5 | | (3) Except for Specially Funded Units, an |
| 6 | | Organizational Unit's Final Resources are equal to the sum |
| 7 | | of its Local Capacity, CPPRT, and Adjusted Base Funding |
| 8 | | Minimum. The Base Funding Minimum of each Specially Funded |
| 9 | | Unit shall serve as its Final Resources, except that the |
| 10 | | Base Funding Minimum for State-approved charter schools |
| 11 | | shall not include any portion of general State aid |
| 12 | | allocated in the prior year based on the per capita |
| 13 | | tuition charge times the charter school enrollment. |
| 14 | | (4) An Organizational Unit's Final Percent of Adequacy |
| 15 | | is its Final Resources divided by its Adequacy Target. An |
| 16 | | Organizational Unit's Adjusted Base Funding Minimum is |
| 17 | | equal to its Base Funding Minimum less its Supplemental |
| 18 | | Grant Funding, with the resulting figure added to the |
| 19 | | product of its Supplemental Grant Funding and Preliminary |
| 20 | | Percent of Adequacy. |
| 21 | | (g) Evidence-Based Funding formula distribution system. |
| 22 | | (1) In each school year under the Evidence-Based |
| 23 | | Funding formula, each Organizational Unit receives funding |
| 24 | | equal to the sum of its Base Funding Minimum and the unit's |
| 25 | | allocation of New State Funds determined pursuant to this |
| 26 | | subsection (g). To allocate New State Funds, the |
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| 1 | | Evidence-Based Funding formula distribution system first |
| 2 | | places all Organizational Units into one of 4 tiers in |
| 3 | | accordance with paragraph (3) of this subsection (g), |
| 4 | | based on the Organizational Unit's Final Percent of |
| 5 | | Adequacy. New State Funds are allocated to each of the 4 |
| 6 | | tiers as follows: Tier 1 Aggregate Funding equals 50% of |
| 7 | | all New State Funds, Tier 2 Aggregate Funding equals 49% |
| 8 | | of all New State Funds, Tier 3 Aggregate Funding equals |
| 9 | | 0.9% of all New State Funds, and Tier 4 Aggregate Funding |
| 10 | | equals 0.1% of all New State Funds. Each Organizational |
| 11 | | Unit within Tier 1 or Tier 2 receives an allocation of New |
| 12 | | State Funds equal to its tier Funding Gap, as defined in |
| 13 | | the following sentence, multiplied by the tier's |
| 14 | | Allocation Rate determined pursuant to paragraph (4) of |
| 15 | | this subsection (g). For Tier 1, an Organizational Unit's |
| 16 | | Funding Gap equals the tier's Target Ratio, as specified |
| 17 | | in paragraph (5) of this subsection (g), multiplied by the |
| 18 | | Organizational Unit's Adequacy Target, with the resulting |
| 19 | | amount reduced by the Organizational Unit's Final |
| 20 | | Resources. For Tier 2, an Organizational Unit's Funding |
| 21 | | Gap equals the tier's Target Ratio, as described in |
| 22 | | paragraph (5) of this subsection (g), multiplied by the |
| 23 | | Organizational Unit's Adequacy Target, with the resulting |
| 24 | | amount reduced by the Organizational Unit's Final |
| 25 | | Resources and its Tier 1 funding allocation. To determine |
| 26 | | the Organizational Unit's Funding Gap, the resulting |
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| 1 | | amount is then multiplied by a factor equal to one minus |
| 2 | | the Organizational Unit's Local Capacity Target |
| 3 | | percentage. Each Organizational Unit within Tier 3 or Tier |
| 4 | | 4 receives an allocation of New State Funds equal to the |
| 5 | | product of its Adequacy Target and the tier's Allocation |
| 6 | | Rate, as specified in paragraph (4) of this subsection |
| 7 | | (g). |
| 8 | | (2) To ensure equitable distribution of dollars for |
| 9 | | all Tier 2 Organizational Units, no Tier 2 Organizational |
| 10 | | Unit shall receive fewer dollars per ASE than any Tier 3 |
| 11 | | Organizational Unit. Each Tier 2 and Tier 3 Organizational |
| 12 | | Unit shall have its funding allocation divided by its ASE. |
| 13 | | Any Tier 2 Organizational Unit with a funding allocation |
| 14 | | per ASE below the greatest Tier 3 allocation per ASE shall |
| 15 | | get a funding allocation equal to the greatest Tier 3 |
| 16 | | funding allocation per ASE multiplied by the |
| 17 | | Organizational Unit's ASE. Each Tier 2 Organizational |
| 18 | | Unit's Tier 2 funding allocation shall be multiplied by |
| 19 | | the percentage calculated by dividing the original Tier 2 |
| 20 | | Aggregate Funding by the sum of all Tier 2 Organizational |
| 21 | | Units' Tier 2 funding allocation after adjusting |
| 22 | | districts' funding below Tier 3 levels. |
| 23 | | (3) Organizational Units are placed into one of 4 |
| 24 | | tiers as follows: |
| 25 | | (A) Tier 1 consists of all Organizational Units, |
| 26 | | except for Specially Funded Units, with a Percent of |
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| 1 | | Adequacy less than the Tier 1 Target Ratio. The Tier 1 |
| 2 | | Target Ratio is the ratio level that allows for Tier 1 |
| 3 | | Aggregate Funding to be distributed, with the Tier 1 |
| 4 | | Allocation Rate determined pursuant to paragraph (4) |
| 5 | | of this subsection (g). |
| 6 | | (B) Tier 2 consists of all Tier 1 Units and all |
| 7 | | other Organizational Units, except for Specially |
| 8 | | Funded Units, with a Percent of Adequacy of less than |
| 9 | | 0.90. |
| 10 | | (C) Tier 3 consists of all Organizational Units, |
| 11 | | except for Specially Funded Units, with a Percent of |
| 12 | | Adequacy of at least 0.90 and less than 1.0. |
| 13 | | (D) Tier 4 consists of all Organizational Units |
| 14 | | with a Percent of Adequacy of at least 1.0. |
| 15 | | (4) The Allocation Rates for Tiers 1 through 4 are |
| 16 | | determined as follows: |
| 17 | | (A) The Tier 1 Allocation Rate is 30%. |
| 18 | | (B) The Tier 2 Allocation Rate is the result of the |
| 19 | | following equation: Tier 2 Aggregate Funding, divided |
| 20 | | by the sum of the Funding Gaps for all Tier 2 |
| 21 | | Organizational Units, unless the result of such |
| 22 | | equation is higher than 1.0. If the result of such |
| 23 | | equation is higher than 1.0, then the Tier 2 |
| 24 | | Allocation Rate is 1.0. |
| 25 | | (C) The Tier 3 Allocation Rate is the result of the |
| 26 | | following equation: Tier 3
Aggregate Funding, divided |
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| 1 | | by the sum of the Adequacy Targets of all Tier 3 |
| 2 | | Organizational
Units. |
| 3 | | (D) The Tier 4 Allocation Rate is the result of the |
| 4 | | following equation: Tier 4
Aggregate Funding, divided |
| 5 | | by the sum of the Adequacy Targets of all Tier 4 |
| 6 | | Organizational
Units. |
| 7 | | (5) A tier's Target Ratio is determined as follows: |
| 8 | | (A) The Tier 1 Target Ratio is the ratio level that |
| 9 | | allows for Tier 1 Aggregate Funding to be distributed |
| 10 | | with the Tier 1 Allocation Rate. |
| 11 | | (B) The Tier 2 Target Ratio is 0.90. |
| 12 | | (C) The Tier 3 Target Ratio is 1.0. |
| 13 | | (6) If, at any point, the Tier 1 Target Ratio is |
| 14 | | greater than 90%, then all Tier 1 funding shall be |
| 15 | | allocated to Tier 2 and no Tier 1 Organizational Unit's |
| 16 | | funding may be identified. |
| 17 | | (7) In the event that all Tier 2 Organizational Units |
| 18 | | receive funding at the Tier 2 Target Ratio level, any |
| 19 | | remaining New State Funds shall be allocated to Tier 3 and |
| 20 | | Tier 4 Organizational Units. |
| 21 | | (8) If any Specially Funded Units, excluding Glenwood |
| 22 | | Academy, recognized by the State Board do not qualify for |
| 23 | | direct funding following the implementation of Public Act |
| 24 | | 100-465 from any of the funding sources included within |
| 25 | | the definition of Base Funding Minimum, the unqualified |
| 26 | | portion of the Base Funding Minimum shall be transferred |
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| 1 | | to one or more appropriate Organizational Units as |
| 2 | | determined by the State Superintendent based on the prior |
| 3 | | year ASE of the Organizational Units. |
| 4 | | (8.5) If a school district withdraws from a special |
| 5 | | education cooperative, the portion of the Base Funding |
| 6 | | Minimum that is attributable to the school district may be |
| 7 | | redistributed to the school district upon withdrawal. The |
| 8 | | school district and the cooperative must include the |
| 9 | | amount of the Base Funding Minimum that is to be |
| 10 | | reapportioned in their withdrawal agreement and notify the |
| 11 | | State Board of the change with a copy of the agreement upon |
| 12 | | withdrawal. |
| 13 | | (9) The Minimum Funding Level is intended to establish |
| 14 | | a target for State funding that will keep pace with |
| 15 | | inflation and continue to advance equity through the |
| 16 | | Evidence-Based Funding formula. The target for State |
| 17 | | funding of New Property Tax Relief Pool Funds is |
| 18 | | $50,000,000 for State fiscal year 2019 and subsequent |
| 19 | | State fiscal years. The Minimum Funding Level is equal to |
| 20 | | $350,000,000. In addition to any New State Funds, no more |
| 21 | | than $50,000,000 New Property Tax Relief Pool Funds may be |
| 22 | | counted toward the Minimum Funding Level. If the sum of |
| 23 | | New State Funds and applicable New Property Tax Relief |
| 24 | | Pool Funds are less than the Minimum Funding Level, than |
| 25 | | funding for tiers shall be reduced in the following |
| 26 | | manner: |
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| 1 | | (A) First, Tier 4 funding shall be reduced by an |
| 2 | | amount equal to the difference between the Minimum |
| 3 | | Funding Level and New State Funds until such time as |
| 4 | | Tier 4 funding is exhausted. |
| 5 | | (B) Next, Tier 3 funding shall be reduced by an |
| 6 | | amount equal to the difference between the Minimum |
| 7 | | Funding Level and New State Funds and the reduction in |
| 8 | | Tier 4 funding until such time as Tier 3 funding is |
| 9 | | exhausted. |
| 10 | | (C) Next, Tier 2 funding shall be reduced by an |
| 11 | | amount equal to the difference between the Minimum |
| 12 | | Funding Level and New State Funds and the reduction in |
| 13 | | Tier 4 and Tier 3. |
| 14 | | (D) Finally, Tier 1 funding shall be reduced by an |
| 15 | | amount equal to the difference between the Minimum |
| 16 | | Funding level and New State Funds and the reduction in |
| 17 | | Tier 2, 3, and 4 funding. In addition, the Allocation |
| 18 | | Rate for Tier 1 shall be reduced to a percentage equal |
| 19 | | to the Tier 1 Allocation Rate set by paragraph (4) of |
| 20 | | this subsection (g), multiplied by the result of New |
| 21 | | State Funds divided by the Minimum Funding Level. |
| 22 | | (9.5) For State fiscal year 2019 and subsequent State |
| 23 | | fiscal years, if New State Funds exceed $300,000,000, then |
| 24 | | any amount in excess of $300,000,000 shall be dedicated |
| 25 | | for purposes of Section 2-3.170 of this Code up to a |
| 26 | | maximum of $50,000,000. |
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| 1 | | (10) In the event of a decrease in the amount of the |
| 2 | | appropriation for this Section in any fiscal year after |
| 3 | | implementation of this Section, the Organizational Units |
| 4 | | receiving Tier 1 and Tier 2 funding, as determined under |
| 5 | | paragraph (3) of this subsection (g), shall be held |
| 6 | | harmless by establishing a Base Funding Guarantee equal to |
| 7 | | the per pupil kindergarten through grade 12 funding |
| 8 | | received in accordance with this Section in the prior |
| 9 | | fiscal year. Reductions shall be
made to the Base Funding |
| 10 | | Minimum of Organizational Units in Tier 3 and Tier 4 on a
|
| 11 | | per pupil basis equivalent to the total number of the ASE |
| 12 | | in Tier 3-funded and Tier 4-funded Organizational Units |
| 13 | | divided by the total reduction in State funding. The Base
|
| 14 | | Funding Minimum as reduced shall continue to be applied to |
| 15 | | Tier 3 and Tier 4
Organizational Units and adjusted by the |
| 16 | | relative formula when increases in
appropriations for this |
| 17 | | Section resume. In no event may State funding reductions |
| 18 | | to
Organizational Units in Tier 3 or Tier 4 exceed an |
| 19 | | amount that would be less than the
Base Funding Minimum |
| 20 | | established in the first year of implementation of this
|
| 21 | | Section. If additional reductions are required, all school |
| 22 | | districts shall receive a
reduction by a per pupil amount |
| 23 | | equal to the aggregate additional appropriation
reduction |
| 24 | | divided by the total ASE of all Organizational Units. |
| 25 | | (11) The State Superintendent shall make minor |
| 26 | | adjustments to the distribution formula set forth in this |
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| 1 | | subsection (g) to account for the rounding of percentages |
| 2 | | to the nearest tenth of a percentage and dollar amounts to |
| 3 | | the nearest whole dollar. |
| 4 | | (h) State Superintendent administration of funding and |
| 5 | | district submission requirements. |
| 6 | | (1) The State Superintendent shall, in accordance with |
| 7 | | appropriations made by the General Assembly, meet the |
| 8 | | funding obligations created under this Section. |
| 9 | | (2) The State Superintendent shall calculate the |
| 10 | | Adequacy Target for each Organizational Unit under this |
| 11 | | Section. No Evidence-Based Funding shall be distributed |
| 12 | | within an Organizational Unit without the approval of the |
| 13 | | unit's school board. |
| 14 | | (3) Annually, the State Superintendent shall calculate |
| 15 | | and report to each Organizational Unit the unit's |
| 16 | | aggregate financial adequacy amount, which shall be the |
| 17 | | sum of the Adequacy Target for each Organizational Unit. |
| 18 | | The State Superintendent shall calculate and report |
| 19 | | separately for each Organizational Unit the unit's total |
| 20 | | State funds allocated for its students with disabilities. |
| 21 | | The State Superintendent shall calculate and report |
| 22 | | separately for each Organizational Unit the amount of |
| 23 | | funding and applicable FTE calculated for each Essential |
| 24 | | Element of the unit's Adequacy Target. |
| 25 | | (4) Annually, the State Superintendent shall calculate |
| 26 | | and report to each Organizational Unit the amount the unit |
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| 1 | | must expend on special education and bilingual education |
| 2 | | and computer technology and equipment for Organizational |
| 3 | | Units assigned to Tier 1 or Tier 2 that received an |
| 4 | | additional $285.50 per student computer technology and |
| 5 | | equipment investment grant to their Adequacy Target |
| 6 | | pursuant to the unit's Base Funding Minimum, Special |
| 7 | | Education Allocation, Bilingual Education Allocation, and |
| 8 | | computer technology and equipment investment allocation. |
| 9 | | (5) Moneys distributed under this Section shall be |
| 10 | | calculated on a school year basis, but paid on a fiscal |
| 11 | | year basis, with payments beginning in August and |
| 12 | | extending through June. Unless otherwise provided, the |
| 13 | | moneys appropriated for each fiscal year shall be |
| 14 | | distributed in 22 equal payments at least 2 times monthly |
| 15 | | to each Organizational Unit. If moneys appropriated for |
| 16 | | any fiscal year are distributed other than monthly, the |
| 17 | | distribution shall be on the same basis for each |
| 18 | | Organizational Unit. |
| 19 | | (6) Any school district that fails, for any given |
| 20 | | school year, to maintain school as required by law or to |
| 21 | | maintain a recognized school is not eligible to receive |
| 22 | | Evidence-Based Funding. In case of non-recognition of one |
| 23 | | or more attendance centers in a school district otherwise |
| 24 | | operating recognized schools, the claim of the district |
| 25 | | shall be reduced in the proportion that the enrollment in |
| 26 | | the attendance center or centers bears to the enrollment |
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| 1 | | of the school district. "Recognized school" means any |
| 2 | | public school that meets the standards for recognition by |
| 3 | | the State Board. A school district or attendance center |
| 4 | | not having recognition status at the end of a school term |
| 5 | | is entitled to receive State aid payments due upon a legal |
| 6 | | claim that was filed while it was recognized. |
| 7 | | (7) School district claims filed under this Section |
| 8 | | are subject to Sections 18-9 and 18-12 of this Code, |
| 9 | | except as otherwise provided in this Section. |
| 10 | | (8) Each fiscal year, the State Superintendent shall |
| 11 | | calculate for each Organizational Unit an amount of its |
| 12 | | Base Funding Minimum and Evidence-Based Funding that shall |
| 13 | | be deemed attributable to the provision of special |
| 14 | | educational facilities and services, as defined in Section |
| 15 | | 14-1.08 of this Code, in a manner that ensures compliance |
| 16 | | with maintenance of State financial support requirements |
| 17 | | under the federal Individuals with Disabilities Education |
| 18 | | Act. An Organizational Unit must use such funds only for |
| 19 | | the provision of special educational facilities and |
| 20 | | services, as defined in Section 14-1.08 of this Code, and |
| 21 | | must comply with any expenditure verification procedures |
| 22 | | adopted by the State Board. |
| 23 | | (9) All Organizational Units in this State must submit |
| 24 | | annual spending plans by the end of September of each year |
| 25 | | to the State Board as part of the annual budget process, |
| 26 | | which shall describe how each Organizational Unit will |
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| 1 | | utilize the Base Funding Minimum and Evidence-Based |
| 2 | | Funding it receives from this State under this Section |
| 3 | | with specific identification of the intended utilization |
| 4 | | of Low-Income, English learner, and special education |
| 5 | | resources. Additionally, the annual spending plans of each |
| 6 | | Organizational Unit shall describe how the Organizational |
| 7 | | Unit expects to achieve student growth and how the |
| 8 | | Organizational Unit will achieve State education goals, as |
| 9 | | defined by the State Board. The State Superintendent may, |
| 10 | | from time to time, identify additional requisites for |
| 11 | | Organizational Units to satisfy when compiling the annual |
| 12 | | spending plans required under this subsection (h). The |
| 13 | | format and scope of annual spending plans shall be |
| 14 | | developed by the State Superintendent and the State Board |
| 15 | | of Education. School districts that serve students under |
| 16 | | Article 14C of this Code shall continue to submit |
| 17 | | information as required under Section 14C-12 of this Code. |
| 18 | | (10) No later than January 1, 2018, the State |
| 19 | | Superintendent shall develop a 5-year strategic plan for |
| 20 | | all Organizational Units to help in planning for adequacy |
| 21 | | funding under this Section. The State Superintendent shall |
| 22 | | submit the plan to the Governor and the General Assembly, |
| 23 | | as provided in Section 3.1 of the General Assembly |
| 24 | | Organization Act. The plan shall include recommendations |
| 25 | | for: |
| 26 | | (A) a framework for collaborative, professional, |
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| 1 | | innovative, and 21st century learning environments |
| 2 | | using the Evidence-Based Funding model; |
| 3 | | (B) ways to prepare and support this State's |
| 4 | | educators for successful instructional careers; |
| 5 | | (C) application and enhancement of the current |
| 6 | | financial accountability measures, the approved State |
| 7 | | plan to comply with the federal Every Student Succeeds |
| 8 | | Act, and the Illinois Balanced Accountability Measures |
| 9 | | in relation to student growth and elements of the |
| 10 | | Evidence-Based Funding model; and |
| 11 | | (D) implementation of an effective school adequacy |
| 12 | | funding system based on projected and recommended |
| 13 | | funding levels from the General Assembly. |
| 14 | | (11) On an annual basis, the State Superintendent
must |
| 15 | | recalibrate all of the following per pupil elements of the |
| 16 | | Adequacy Target and applied to the formulas, based on the |
| 17 | | study of average expenses and as reported in the most |
| 18 | | recent annual financial report: |
| 19 | | (A) Gifted under subparagraph (M) of paragraph
(2) |
| 20 | | of subsection (b). |
| 21 | | (B) Instructional materials under subparagraph
(O) |
| 22 | | of paragraph (2) of subsection (b). |
| 23 | | (C) Assessment under subparagraph (P) of
paragraph |
| 24 | | (2) of subsection (b). |
| 25 | | (D) Student activities under subparagraph (R) of
|
| 26 | | paragraph (2) of subsection (b). |
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| 1 | | (E) Maintenance and operations under subparagraph
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| 2 | | (S) of paragraph (2) of subsection (b). |
| 3 | | (F) Central office under subparagraph (T) of
|
| 4 | | paragraph (2) of subsection (b). |
| 5 | | (i) Professional Review Panel. |
| 6 | | (1) A Professional Review Panel is created to study |
| 7 | | and review topics related to the implementation and effect |
| 8 | | of Evidence-Based Funding, as assigned by a joint |
| 9 | | resolution or Public Act of the General Assembly or a |
| 10 | | motion passed by the State Board of Education. The Panel |
| 11 | | must provide recommendations to and serve the Governor, |
| 12 | | the General Assembly, and the State Board. The State |
| 13 | | Superintendent or his or her designee must serve as a |
| 14 | | voting member and chairperson of the Panel. The State |
| 15 | | Superintendent must appoint a vice chairperson from the |
| 16 | | membership of the Panel. The Panel must advance |
| 17 | | recommendations based on a three-fifths majority vote of |
| 18 | | Panel members present and voting. A minority opinion may |
| 19 | | also accompany any recommendation of the Panel. The Panel |
| 20 | | shall be appointed by the State Superintendent, except as |
| 21 | | otherwise provided in paragraph (2) of this subsection (i) |
| 22 | | and include the following members: |
| 23 | | (A) Two appointees that represent district |
| 24 | | superintendents, recommended by a statewide |
| 25 | | organization that represents district superintendents. |
| 26 | | (B) Two appointees that represent school boards, |
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| 1 | | recommended by a statewide organization that |
| 2 | | represents school boards. |
| 3 | | (C) Two appointees from districts that represent |
| 4 | | school business officials, recommended by a statewide |
| 5 | | organization that represents school business |
| 6 | | officials. |
| 7 | | (D) Two appointees that represent school |
| 8 | | principals, recommended by a statewide organization |
| 9 | | that represents school principals. |
| 10 | | (E) Two appointees that represent teachers, |
| 11 | | recommended by a statewide organization that |
| 12 | | represents teachers. |
| 13 | | (F) Two appointees that represent teachers, |
| 14 | | recommended by another statewide organization that |
| 15 | | represents teachers. |
| 16 | | (G) Two appointees that represent regional |
| 17 | | superintendents of schools, recommended by |
| 18 | | organizations that represent regional superintendents. |
| 19 | | (H) Two independent experts selected solely by the |
| 20 | | State Superintendent. |
| 21 | | (I) Two independent experts recommended by public |
| 22 | | universities in this State. |
| 23 | | (J) One member recommended by a statewide |
| 24 | | organization that represents parents. |
| 25 | | (K) Two representatives recommended by collective |
| 26 | | impact organizations that represent major metropolitan |
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| 1 | | areas or geographic areas in Illinois. |
| 2 | | (L) One member from a statewide organization |
| 3 | | focused on research-based education policy to support |
| 4 | | a school system that prepares all students for |
| 5 | | college, a career, and democratic citizenship. |
| 6 | | (M) One representative from a school district |
| 7 | | organized under Article 34 of this Code. |
| 8 | | The State Superintendent shall ensure that the |
| 9 | | membership of the Panel includes representatives from |
| 10 | | school districts and communities reflecting the |
| 11 | | geographic, socio-economic, racial, and ethnic diversity |
| 12 | | of this State. The State Superintendent shall additionally |
| 13 | | ensure that the membership of the Panel includes |
| 14 | | representatives with expertise in bilingual education and |
| 15 | | special education. Staff from the State Board shall staff |
| 16 | | the Panel. |
| 17 | | (2) In addition to those Panel members appointed by |
| 18 | | the State Superintendent, 4 members of the General |
| 19 | | Assembly shall be appointed as follows: one member of the |
| 20 | | House of Representatives appointed by the Speaker of the |
| 21 | | House of Representatives, one member of the Senate |
| 22 | | appointed by the President of the Senate, one member of |
| 23 | | the House of Representatives appointed by the Minority |
| 24 | | Leader of the House of Representatives, and one member of |
| 25 | | the Senate appointed by the Minority Leader of the Senate. |
| 26 | | There shall be one additional member appointed by the |
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| 1 | | Governor. All members appointed by legislative leaders or |
| 2 | | the Governor shall be non-voting, ex officio members. |
| 3 | | (3) The Panel must study topics at the direction of |
| 4 | | the General Assembly or State Board of Education, as |
| 5 | | provided under paragraph (1). The Panel may also study the |
| 6 | | following topics at the direction of the chairperson: |
| 7 | | (A) The format and scope of annual spending plans |
| 8 | | referenced in paragraph (9) of subsection (h) of this |
| 9 | | Section. |
| 10 | | (B) The Comparable Wage Index under this Section. |
| 11 | | (C) Maintenance and operations, including capital |
| 12 | | maintenance and construction costs. |
| 13 | | (D) "At-risk student" definition. |
| 14 | | (E) Benefits. |
| 15 | | (F) Technology. |
| 16 | | (G) Local Capacity Target. |
| 17 | | (H) Funding for Alternative Schools, Laboratory |
| 18 | | Schools, safe schools, and alternative learning |
| 19 | | opportunities programs. |
| 20 | | (I) Funding for college and career acceleration |
| 21 | | strategies. |
| 22 | | (J) Special education investments. |
| 23 | | (K) Early childhood investments, in collaboration |
| 24 | | with the Illinois Early Learning Council. |
| 25 | | (4) (Blank). |
| 26 | | (5) Within 5 years after the implementation of this |
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| 1 | | Section, and every 5 years thereafter, the Panel shall |
| 2 | | complete an evaluative study of the entire Evidence-Based |
| 3 | | Funding model, including an assessment of whether or not |
| 4 | | the formula is achieving State goals. The Panel shall |
| 5 | | report to the State Board, the General Assembly, and the |
| 6 | | Governor on the findings of the study. |
| 7 | | (6) (Blank). |
| 8 | | (7) To ensure that (i) the Adequacy Target calculation |
| 9 | | under subsection (b) accurately reflects the needs of |
| 10 | | students living in poverty or attending schools located in |
| 11 | | areas of high poverty, (ii) racial equity within the |
| 12 | | Evidence-Based Funding formula is explicitly explored and |
| 13 | | advanced, and (iii) the funding goals of the formula |
| 14 | | distribution system established under this Section are |
| 15 | | sufficient to provide adequate funding for every student |
| 16 | | and to fully fund every school in this State, the Panel |
| 17 | | shall review the Essential Elements under paragraph (2) of |
| 18 | | subsection (b). The Panel shall consider all of the |
| 19 | | following in its review: |
| 20 | | (A) The financial ability of school districts to |
| 21 | | provide instruction in a foreign language to every |
| 22 | | student and whether an additional Essential Element |
| 23 | | should be added to the formula to ensure that every |
| 24 | | student has access to instruction in a foreign |
| 25 | | language. |
| 26 | | (B) The adult-to-student ratio for each Essential |
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| 1 | | Element in which a ratio is identified. The Panel |
| 2 | | shall consider whether the ratio accurately reflects |
| 3 | | the staffing needed to support students living in |
| 4 | | poverty or who have traumatic backgrounds. |
| 5 | | (C) Changes to the Essential Elements that may be |
| 6 | | required to better promote racial equity and eliminate |
| 7 | | structural racism within schools. |
| 8 | | (D) The impact of investing $350,000,000 in |
| 9 | | additional funds each year under this Section and an |
| 10 | | estimate of when the school system will become fully |
| 11 | | funded under this level of appropriation. |
| 12 | | (E) Provide an overview of alternative funding |
| 13 | | structures that would enable the State to become fully |
| 14 | | funded at an earlier date. |
| 15 | | (F) The potential to increase efficiency and to |
| 16 | | find cost savings within the school system to expedite |
| 17 | | the journey to a fully funded system. |
| 18 | | (G) The appropriate levels for reenrolling and |
| 19 | | graduating high-risk high school students who have |
| 20 | | been previously out of school. These outcomes shall |
| 21 | | include enrollment, attendance, skill gains, credit |
| 22 | | gains, graduation or promotion to the next grade |
| 23 | | level, and the transition to college, training, or |
| 24 | | employment, with an emphasis on progressively |
| 25 | | increasing the overall attendance. |
| 26 | | (H) The evidence-based or research-based practices |
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| 1 | | that are shown to reduce the gaps and disparities |
| 2 | | experienced by African American students in academic |
| 3 | | achievement and educational performance, including |
| 4 | | practices that have been shown to reduce disparities |
| 5 | | in disciplinary rates, drop-out rates, graduation |
| 6 | | rates, college matriculation rates, and college |
| 7 | | completion rates. |
| 8 | | On or before December 31, 2021, the Panel shall report |
| 9 | | to the State Board, the General Assembly, and the Governor |
| 10 | | on the findings of its review. This paragraph (7) is |
| 11 | | inoperative on and after July 1, 2022. |
| 12 | | (8) On or before April 1, 2024, the Panel must submit a |
| 13 | | report to the General Assembly on annual adjustments to |
| 14 | | Glenwood Academy's base-funding minimum in a similar |
| 15 | | fashion to school districts under this Section. |
| 16 | | (j) References. Beginning July 1, 2017, references in |
| 17 | | other laws to general State aid funds or calculations under |
| 18 | | Section 18-8.05 of this Code (now repealed) shall be deemed to |
| 19 | | be references to evidence-based model formula funds or |
| 20 | | calculations under this Section. |
| 21 | | (Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; |
| 22 | | 101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. |
| 23 | | 6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; |
| 24 | | 102-699, eff. 4-19-22; 102-782, eff. 1-1-23; 102-813, eff. |
| 25 | | 5-13-22; 102-894, eff. 5-20-22; revised 12-13-22.)
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| 1 | | (105 ILCS 5/27-23.1) (from Ch. 122, par. 27-23.1)
|
| 2 | | Sec. 27-23.1. Parenting education. |
| 3 | | (a) The State Board of Education must assist each school |
| 4 | | district that offers an evidence-based parenting education |
| 5 | | model. School districts may provide
instruction in parenting |
| 6 | | education for grades 6 through 12 and include such
instruction |
| 7 | | in the courses of study regularly taught therein.
School |
| 8 | | districts may give regular school credit for satisfactory |
| 9 | | completion
by the student of such courses.
|
| 10 | | As used in this subsection (a), "parenting education" |
| 11 | | means and includes
instruction in the following:
|
| 12 | | (1) Child growth and development, including prenatal |
| 13 | | development.
|
| 14 | | (2) Childbirth and child care.
|
| 15 | | (3) Family structure, function and management.
|
| 16 | | (4) Prenatal and postnatal care for mothers and |
| 17 | | infants.
|
| 18 | | (5) Prevention of child abuse.
|
| 19 | | (6) The physical, mental, emotional, social, economic |
| 20 | | and psychological
aspects of interpersonal and family |
| 21 | | relationships.
|
| 22 | | (7) Parenting skill development.
|
| 23 | | The State Board of Education shall assist those districts |
| 24 | | offering
parenting education instruction, upon request, in |
| 25 | | developing instructional
materials, training teachers, and |
| 26 | | establishing appropriate time allotments
for each of the areas |
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| 1 | | included in such instruction.
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| 2 | | School districts may offer parenting education courses |
| 3 | | during that period
of the day which is not part of the regular |
| 4 | | school day. Residents of
the school district may enroll in |
| 5 | | such courses. The school board may
establish fees and collect |
| 6 | | such charges as may be necessary for attendance
at such |
| 7 | | courses in an amount not to exceed the per capita cost of the
|
| 8 | | operation thereof, except that the board may waive all or part |
| 9 | | of such
charges if it determines that the individual is |
| 10 | | indigent or that the
educational needs of the individual |
| 11 | | requires his or her attendance at such courses.
|
| 12 | | (b) Beginning with the 2019-2020 school year, from |
| 13 | | appropriations made for the purposes of this Section, the |
| 14 | | State Board of Education shall implement and administer a |
| 15 | | 7-year 3-year pilot program supporting the health and wellness |
| 16 | | student-learning requirement by utilizing a unit of |
| 17 | | instruction on parenting education in participating school |
| 18 | | districts that maintain grades 9 through 12, to be determined |
| 19 | | by the participating school districts. The program is |
| 20 | | encouraged to include, but is not be limited to, instruction |
| 21 | | on (i) family structure, function, and management, (ii) the |
| 22 | | prevention of child abuse, (iii) the physical, mental, |
| 23 | | emotional, social, economic, and psychological aspects of |
| 24 | | interpersonal and family relationships, and (iv) parenting |
| 25 | | education competency development that is aligned to the social |
| 26 | | and emotional learning standards of the student's grade level. |
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| 1 | | Instruction under this subsection (b) may be included in the |
| 2 | | Comprehensive Health Education Program set forth under Section |
| 3 | | 3 of the Critical Health Problems and Comprehensive Health |
| 4 | | Education Act. The State Board of Education is authorized to |
| 5 | | make grants to school districts that apply to participate in |
| 6 | | the pilot program under this subsection (b). The State Board |
| 7 | | of Education shall by rule provide for the form of the |
| 8 | | application and criteria to be used and applied in selecting |
| 9 | | participating urban, suburban, and rural school districts. The |
| 10 | | provisions of this subsection (b), other than this sentence, |
| 11 | | are inoperative at the conclusion of the pilot program. |
| 12 | | (Source: P.A. 100-1043, eff. 8-23-18.)
|
| 13 | | Section 5-100. The School Construction Law is amended by |
| 14 | | changing Section 5-300 as follows:
|
| 15 | | (105 ILCS 230/5-300) |
| 16 | | Sec. 5-300. Early childhood construction grants. |
| 17 | | (a) The Capital Development Board is authorized to make |
| 18 | | grants to public school districts and not-for-profit entities |
| 19 | | for early childhood construction projects, except that in |
| 20 | | fiscal year 2024 those grants may be made only to public school |
| 21 | | districts. These grants shall be paid out of moneys |
| 22 | | appropriated for that purpose from the School Construction |
| 23 | | Fund, the Build Illinois Bond Fund, or the Rebuild Illinois |
| 24 | | Projects Fund. No grants may be awarded to entities providing |
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| 1 | | services within private residences. A public school district |
| 2 | | or other eligible entity must provide local matching funds in |
| 3 | | the following manner: |
| 4 | | (1) A public school district assigned to Tier 1 under |
| 5 | | Section 18-8.15 of the School Code or any other eligible |
| 6 | | entity in an area encompassed by that district must |
| 7 | | provide local matching funds in an amount equal to 3% of |
| 8 | | the grant awarded under this Section. |
| 9 | | (2) A public school district assigned to Tier 2 under |
| 10 | | Section 18-8.15 of the School Code or any other eligible |
| 11 | | entity in an area encompassed by that district must |
| 12 | | provide local matching funds in an amount equal to 7.5% of |
| 13 | | the grant awarded under this Section. |
| 14 | | (3) A public school district assigned to Tier 3 under |
| 15 | | Section 18-8.15 of the School Code or any other eligible |
| 16 | | entity in an area encompassed by that district must |
| 17 | | provide local matching funds in an amount equal to 8.75% |
| 18 | | of the grant awarded under this Section. |
| 19 | | (4) A public school district assigned to Tier 4 under |
| 20 | | Section 18-8.15 of the School Code or any other eligible |
| 21 | | entity in an area encompassed by that district must |
| 22 | | provide local matching funds in an amount equal to 10% of |
| 23 | | the grant awarded under this Section. |
| 24 | | A public school district or other eligible entity has no |
| 25 | | entitlement to a grant under this Section. |
| 26 | | (b) The Capital Development Board shall adopt rules to |
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| 1 | | implement this Section. These rules need not be the same as the |
| 2 | | rules for school construction project grants or school |
| 3 | | maintenance project grants.
The rules may specify: |
| 4 | | (1) the manner of applying for grants; |
| 5 | | (2) project eligibility requirements; |
| 6 | | (3) restrictions on the use of grant moneys; |
| 7 | | (4) the manner in which school districts and other |
| 8 | | eligible entities must account for the use of grant |
| 9 | | moneys; |
| 10 | | (5) requirements that new or improved facilities be |
| 11 | | used for early childhood and other related programs for a |
| 12 | | period of at least 10 years; and |
| 13 | | (6) any other provision that the Capital Development |
| 14 | | Board determines to be necessary or useful for the |
| 15 | | administration of this Section. |
| 16 | | (b-5) When grants are made to non-profit corporations for |
| 17 | | the acquisition or construction of new facilities, the Capital |
| 18 | | Development Board or any State agency it so designates shall |
| 19 | | hold title to or place a lien on the facility for a period of |
| 20 | | 10 years after the date of the grant award, after which title |
| 21 | | to the facility shall be transferred to the non-profit |
| 22 | | corporation or the lien shall be removed, provided that the |
| 23 | | non-profit corporation has complied with the terms of its |
| 24 | | grant agreement. When grants are made to non-profit |
| 25 | | corporations for the purpose of renovation or rehabilitation, |
| 26 | | if the non-profit corporation does not comply with item (5) of |
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| 1 | | subsection (b) of this Section, the Capital Development Board |
| 2 | | or any State agency it so designates shall recover the grant |
| 3 | | pursuant to the procedures outlined in the Illinois Grant |
| 4 | | Funds Recovery Act. |
| 5 | | (c) The Capital Development Board, in consultation with |
| 6 | | the State Board of Education, shall establish standards for |
| 7 | | the determination of priority needs concerning early childhood |
| 8 | | projects based on projects located in communities in the State |
| 9 | | with the greatest underserved population of young children, |
| 10 | | utilizing Census data and other reliable local early childhood |
| 11 | | service data. |
| 12 | | (d) In each school year in which early childhood |
| 13 | | construction project grants are awarded, 20% of the total |
| 14 | | amount awarded shall be awarded to a school district with a |
| 15 | | population of more than 500,000, provided that the school |
| 16 | | district complies with the requirements of this Section and |
| 17 | | the rules adopted under this Section.
|
| 18 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 19 | | Section 5-104. The Public Community College Act is amended |
| 20 | | by changing Section 2-16.02 as follows:
|
| 21 | | (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
|
| 22 | | Sec. 2-16.02. Grants. Any community college district that |
| 23 | | maintains a
community college recognized by the State Board |
| 24 | | shall receive, when eligible,
grants enumerated in this |
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| 1 | | Section. Funded semester credit hours or other
measures or |
| 2 | | both as specified by the State Board shall be used to |
| 3 | | distribute
grants to community colleges. Funded semester |
| 4 | | credit hours shall be defined,
for purposes of this Section, |
| 5 | | as the greater of
(1) the number of semester credit hours, or |
| 6 | | equivalent, in all funded
instructional categories of students |
| 7 | | who have been certified as being in
attendance at midterm |
| 8 | | during the respective terms of the base fiscal year or
(2) the |
| 9 | | average of semester credit hours, or equivalent, in all funded
|
| 10 | | instructional categories of students who have been certified |
| 11 | | as being in
attendance at midterm during the respective terms |
| 12 | | of the base fiscal year and
the 2 prior fiscal years. For |
| 13 | | purposes of this Section, "base fiscal year"
means the fiscal |
| 14 | | year 2 years prior to the fiscal year for which the grants are
|
| 15 | | appropriated. Such students shall have been residents of |
| 16 | | Illinois and shall
have been enrolled in courses that are part |
| 17 | | of instructional program categories
approved by the State |
| 18 | | Board and that are applicable toward an associate degree
or |
| 19 | | certificate.
Courses that are eligible for reimbursement are |
| 20 | | those courses for which
the district pays 50% or more of the |
| 21 | | program costs from unrestricted
revenue sources, with the |
| 22 | | exception of dual credit courses and courses offered by |
| 23 | | contract with
the Department of Corrections in correctional |
| 24 | | institutions. For the
purposes of this Section, "unrestricted |
| 25 | | revenue sources" means those
revenues in which the provider of |
| 26 | | the revenue imposes no financial
limitations upon the district |
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| 1 | | as it relates to the expenditure of the funds. Except for |
| 2 | | Fiscal Year 2012, base operating grants shall be paid based on |
| 3 | | rates per funded
semester credit hour or equivalent calculated |
| 4 | | by the State Board for funded
instructional categories using |
| 5 | | cost of instruction, enrollment, inflation, and
other relevant |
| 6 | | factors. For Fiscal Year 2012, the allocations for base |
| 7 | | operating grants to community college districts shall be the |
| 8 | | same as they were in Fiscal Year 2011, reduced or increased |
| 9 | | proportionately according to the appropriation for base |
| 10 | | operating grants for Fiscal Year 2012.
|
| 11 | | Equalization grants shall be calculated by the State Board |
| 12 | | by determining a
local revenue factor for each district by: |
| 13 | | (A) adding (1)
each district's Corporate Personal Property |
| 14 | | Replacement Fund
allocations from the base
fiscal year or the |
| 15 | | average of the base fiscal year and prior year, whichever is
|
| 16 | | less, divided by the applicable statewide average tax rate to |
| 17 | | (2) the
district's most recently audited
year's equalized |
| 18 | | assessed valuation or the average of the most recently audited
|
| 19 | | year and prior year, whichever is less, (B) then dividing by |
| 20 | | the district's
audited full-time equivalent resident students |
| 21 | | for the base fiscal year or the
average for the base fiscal |
| 22 | | year and the 2 prior fiscal years, whichever is
greater, and |
| 23 | | (C) then multiplying by the applicable statewide average tax
|
| 24 | | rate. The State Board
shall calculate a statewide weighted |
| 25 | | average threshold by applying
the same methodology to the |
| 26 | | totals of all districts' Corporate Personal
Property Tax |
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| 1 | | Replacement Fund allocations, equalized assessed valuations, |
| 2 | | and
audited full-time equivalent district resident students |
| 3 | | and multiplying by the
applicable statewide average tax rate. |
| 4 | | The difference between the statewide
weighted average |
| 5 | | threshold and the local revenue
factor, multiplied by the |
| 6 | | number of full-time equivalent resident students,
shall |
| 7 | | determine the amount of equalization funding that each |
| 8 | | district is
eligible to receive. A percentage factor, as |
| 9 | | determined by the State Board,
may be applied to the statewide |
| 10 | | threshold as a method for allocating
equalization funding. A |
| 11 | | minimum equalization grant of an amount per district
as |
| 12 | | determined by the State Board shall be established for any |
| 13 | | community college
district which qualifies for an equalization |
| 14 | | grant based upon the preceding
criteria, but becomes |
| 15 | | ineligible for equalization funding, or would have
received a |
| 16 | | grant of less than the minimum equalization grant, due to |
| 17 | | threshold
prorations applied to reduce equalization funding.
|
| 18 | | As of July 1, 2013, a community college district eligible to |
| 19 | | receive an equalization grant based upon the preceding |
| 20 | | criteria must maintain a
minimum required combined in-district |
| 21 | | tuition and universal fee rate per
semester credit hour equal |
| 22 | | to 70% of the State-average combined rate, as
determined by |
| 23 | | the State Board, or the total revenue received by the |
| 24 | | community college district from combined in-district tuition |
| 25 | | and universal fees must be at least 30% of the total revenue |
| 26 | | received by the community college district, as determined by |
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| 1 | | the State Board, for equalization funding. As of July 1,
2004, |
| 2 | | a community college district must maintain a minimum required
|
| 3 | | operating tax rate equal to at least 95% of its maximum |
| 4 | | authorized tax
rate to qualify for equalization funding. This |
| 5 | | 95% minimum tax rate
requirement shall be based upon the |
| 6 | | maximum operating tax rate as
limited by the Property Tax |
| 7 | | Extension Limitation Law.
|
| 8 | | The State Board shall distribute such other grants as may |
| 9 | | be
authorized or appropriated by the General Assembly. The |
| 10 | | State Board may adopt any rules necessary for the purposes of |
| 11 | | implementing and distributing funds pursuant to an authorized |
| 12 | | or appropriated grant.
|
| 13 | | Each community college district entitled to State grants |
| 14 | | under this
Section must submit a report of its enrollment to |
| 15 | | the State Board not later
than 30 days following the end of |
| 16 | | each semester or term in a
format prescribed by the State |
| 17 | | Board. These semester credit hours, or
equivalent, shall be |
| 18 | | certified by each district on forms provided by the
State |
| 19 | | Board. Each district's certified semester credit hours, or |
| 20 | | equivalent,
are subject to audit pursuant to Section 3-22.1.
|
| 21 | | The State Board shall certify, prepare, and submit monthly |
| 22 | | vouchers to the State Comptroller
setting
forth an amount |
| 23 | | equal to one-twelfth of the grants approved by the State Board |
| 24 | | for base
operating grants and equalization grants. The State |
| 25 | | Board shall prepare and
submit to the State Comptroller |
| 26 | | vouchers for payments of other grants as
appropriated by the |
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| 1 | | General Assembly. If the amount appropriated for grants
is |
| 2 | | different from the amount provided for such grants under this |
| 3 | | Act, the
grants shall be proportionately reduced or increased |
| 4 | | accordingly.
|
| 5 | | For the purposes of this Section, "resident student" means |
| 6 | | a student in a
community college district who maintains |
| 7 | | residency in that district or
meets other residency |
| 8 | | definitions established by the State Board, and who
was |
| 9 | | enrolled either in one of the approved instructional program |
| 10 | | categories
in that district, or in another community college |
| 11 | | district to which the
resident's district is paying tuition |
| 12 | | under Section 6-2 or with which the
resident's district has |
| 13 | | entered into a cooperative agreement in lieu of such
tuition. |
| 14 | | Students shall be classified as residents of the community |
| 15 | | college district without meeting the 30-day residency |
| 16 | | requirement of the district if they are currently residing in |
| 17 | | the district and are youth (i) who are currently under the |
| 18 | | legal guardianship of the Illinois Department of Children and |
| 19 | | Family Services or have recently been emancipated from the |
| 20 | | Department and (ii) who had previously met the 30-day |
| 21 | | residency requirement of the district but who had a placement |
| 22 | | change into a new community college district. The student, a |
| 23 | | caseworker or other personnel of the Department, or the |
| 24 | | student's attorney or guardian ad litem appointed under the |
| 25 | | Juvenile Court Act of 1987 shall provide the district with |
| 26 | | proof of current in-district residency.
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| 1 | | For the purposes of this Section, a "full-time equivalent" |
| 2 | | student is
equal to 30 semester credit hours.
|
| 3 | | The Illinois Community College Board Contracts and Grants |
| 4 | | Fund is hereby
created in the State Treasury. Items of income |
| 5 | | to this fund shall include
any grants, awards, endowments, or |
| 6 | | like proceeds, and where appropriate,
other funds made |
| 7 | | available through contracts with governmental, public, and
|
| 8 | | private agencies or persons. The General Assembly shall from |
| 9 | | time to time
make appropriations payable from such fund for |
| 10 | | the support, improvement,
and expenses of the State Board and |
| 11 | | Illinois community college
districts.
|
| 12 | | (Source: P.A. 99-845, eff. 1-1-17; 100-884, eff. 1-1-19.)
|
| 13 | | Section 5-105. The Higher Education Student Assistance Act |
| 14 | | is amended by changing Sections 35 and 65.100 as follows:
|
| 15 | | (110 ILCS 947/35)
|
| 16 | | Sec. 35. Monetary award program.
|
| 17 | | (a) The Commission shall, each year, receive and consider |
| 18 | | applications
for grant assistance under this Section. Subject |
| 19 | | to a separate
appropriation for such purposes, an applicant is |
| 20 | | eligible for a grant under
this Section when the Commission |
| 21 | | finds that the applicant:
|
| 22 | | (1) is a resident of this State and a citizen or |
| 23 | | permanent resident
of the United States;
|
| 24 | | (2) is enrolled or has been accepted for enrollment in |
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| 1 | | a qualified institution for the purpose of obtaining a |
| 2 | | degree, certificate, or other credential offered by the |
| 3 | | institution, as applicable; and |
| 4 | | (3) in the absence of grant assistance, will be |
| 5 | | deterred by
financial considerations from completing an |
| 6 | | educational program at the
qualified institution of his or |
| 7 | | her choice.
|
| 8 | | (b) The Commission shall award renewals only upon the |
| 9 | | student's application
and upon the Commission's finding that |
| 10 | | the applicant:
|
| 11 | | (1) has remained a student in good standing;
|
| 12 | | (2) remains a resident of this State; and
|
| 13 | | (3) is in a financial situation that continues to |
| 14 | | warrant assistance.
|
| 15 | | (c) All grants shall be applicable only to tuition and |
| 16 | | necessary fee costs. The Commission shall determine the grant
|
| 17 | | amount for each student, which shall not exceed the smallest |
| 18 | | of
the following amounts:
|
| 19 | | (1) subject to appropriation, $5,468 for fiscal year |
| 20 | | 2009, $5,968 for fiscal year 2010, $6,468 for fiscal year |
| 21 | | 2011 and each fiscal year thereafter through fiscal year |
| 22 | | 2022, and $8,508 for fiscal year 2023, and $10,896 for |
| 23 | | fiscal year 2024 and each fiscal year thereafter, or such |
| 24 | | lesser amount as
the Commission finds to be available, |
| 25 | | during an academic year;
|
| 26 | | (2) the amount which equals 2 semesters or 3 quarters |
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| 1 | | tuition
and other necessary fees required generally by the |
| 2 | | institution of all
full-time undergraduate students; or
|
| 3 | | (3) such amount as the Commission finds to be |
| 4 | | appropriate in view of
the applicant's financial |
| 5 | | resources.
|
| 6 | | Subject to appropriation, the maximum grant amount for |
| 7 | | students not subject to subdivision (1) of this subsection (c) |
| 8 | | must be increased by the same percentage as any increase made |
| 9 | | by law to the maximum grant amount under subdivision (1) of |
| 10 | | this subsection (c). |
| 11 | | "Tuition and other necessary fees" as used in this Section |
| 12 | | include the
customary charge for instruction and use of |
| 13 | | facilities in general, and the
additional fixed fees charged |
| 14 | | for specified purposes, which are required
generally of |
| 15 | | nongrant recipients for each academic period for which the |
| 16 | | grant
applicant actually enrolls, but do not include fees |
| 17 | | payable only once or
breakage fees and other contingent |
| 18 | | deposits which are refundable in whole or in
part. The |
| 19 | | Commission may prescribe, by rule not inconsistent with this
|
| 20 | | Section, detailed provisions concerning the computation of |
| 21 | | tuition and other
necessary fees.
|
| 22 | | (d) No applicant, including those presently receiving |
| 23 | | scholarship
assistance under this Act, is eligible for |
| 24 | | monetary award program
consideration under this Act after |
| 25 | | receiving a baccalaureate degree or
the equivalent of 135 |
| 26 | | semester credit hours of award payments.
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| 1 | | (d-5) In this subsection (d-5), "renewing applicant" means |
| 2 | | a student attending an institution of higher learning who |
| 3 | | received a Monetary Award Program grant during the prior |
| 4 | | academic year. Beginning with the processing of applications |
| 5 | | for the 2020-2021 academic year, the Commission shall annually |
| 6 | | publish a priority deadline date for renewing applicants. |
| 7 | | Subject to appropriation, a renewing applicant who files by |
| 8 | | the published priority deadline date shall receive a grant if |
| 9 | | he or she continues to meet the eligibility requirements under |
| 10 | | this Section. A renewing applicant's failure to apply by the |
| 11 | | priority deadline date established under this subsection (d-5) |
| 12 | | shall not disqualify him or her from receiving a grant if |
| 13 | | sufficient funding is available to provide awards after that |
| 14 | | date. |
| 15 | | (e) The Commission, in determining the number of grants to |
| 16 | | be offered,
shall take into consideration past experience with |
| 17 | | the rate of grant funds
unclaimed by recipients. The |
| 18 | | Commission shall notify applicants that grant
assistance is |
| 19 | | contingent upon the availability of appropriated funds.
|
| 20 | | (e-5) The General Assembly finds and declares that it is |
| 21 | | an important purpose of the Monetary Award Program to |
| 22 | | facilitate access to college both for students who pursue |
| 23 | | postsecondary education immediately following high school and |
| 24 | | for those who pursue postsecondary education later in life, |
| 25 | | particularly Illinoisans who are dislocated workers with |
| 26 | | financial need and who are seeking to improve their economic |
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| 1 | | position through education. For the 2015-2016 and 2016-2017 |
| 2 | | academic years, the Commission shall give additional and |
| 3 | | specific consideration to the needs of dislocated workers with |
| 4 | | the intent of allowing applicants who are dislocated workers |
| 5 | | an opportunity to secure financial assistance even if applying |
| 6 | | later than the general pool of applicants. The Commission's |
| 7 | | consideration shall include, in determining the number of |
| 8 | | grants to be offered, an estimate of the resources needed to |
| 9 | | serve dislocated workers who apply after the Commission |
| 10 | | initially suspends award announcements for the upcoming |
| 11 | | regular academic year, but prior to the beginning of that |
| 12 | | academic year. For the purposes of this subsection (e-5), a |
| 13 | | dislocated worker is defined as in the federal Workforce
|
| 14 | | Innovation and Opportunity Act. |
| 15 | | (f) (Blank).
|
| 16 | | (g) The Commission shall determine the eligibility of and |
| 17 | | make grants to
applicants enrolled at qualified for-profit |
| 18 | | institutions in accordance with the
criteria set forth in this |
| 19 | | Section. The eligibility of applicants enrolled at
such |
| 20 | | for-profit institutions shall be limited as follows:
|
| 21 | | (1) Beginning with the academic year 1997, only to |
| 22 | | eligible first-time
freshmen and
first-time transfer |
| 23 | | students who have attained an associate degree.
|
| 24 | | (2) Beginning with the academic year 1998, only to |
| 25 | | eligible freshmen
students,
transfer students who have |
| 26 | | attained an associate degree, and students who
receive a |
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| 1 | | grant under paragraph (1) for the academic year 1997 and |
| 2 | | whose grants
are being renewed for the academic year 1998.
|
| 3 | | (3) Beginning with the academic year 1999, to all |
| 4 | | eligible students.
|
| 5 | | (h) The Commission may award a grant to an eligible |
| 6 | | applicant enrolled at an Illinois public institution of higher |
| 7 | | learning in a program that will culminate in the award of an |
| 8 | | occupational or career and technical certificate as that term |
| 9 | | is defined in 23 Ill. Adm. Code 1501.301. |
| 10 | | (i) The Commission may adopt rules to implement this |
| 11 | | Section. |
| 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-699, eff. 4-19-22.)
|
| 13 | | (110 ILCS 947/65.100) |
| 14 | | (Section scheduled to be repealed on October 1, 2024) |
| 15 | | Sec. 65.100. AIM HIGH Grant Pilot Program. |
| 16 | | (a) The General Assembly makes all of the following |
| 17 | | findings: |
| 18 | | (1) Both access and affordability are important |
| 19 | | aspects of the Illinois Public Agenda for College and |
| 20 | | Career Success report. |
| 21 | | (2) This State is in the top quartile with respect to |
| 22 | | the percentage of family income needed to pay for college. |
| 23 | | (3) Research suggests that as loan amounts increase, |
| 24 | | rather than an increase in grant amounts, the probability |
| 25 | | of college attendance decreases. |
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| 1 | | (4) There is further research indicating that |
| 2 | | socioeconomic status may affect the willingness of |
| 3 | | students to use loans to attend college. |
| 4 | | (5) Strategic use of tuition discounting can decrease |
| 5 | | the amount of loans that students must use to pay for |
| 6 | | tuition. |
| 7 | | (6) A modest, individually tailored tuition discount |
| 8 | | can make the difference in a student choosing to attend |
| 9 | | college and enhance college access for low-income and |
| 10 | | middle-income families. |
| 11 | | (7) Even if the federally calculated financial need |
| 12 | | for college attendance is met, the federally determined |
| 13 | | Expected Family Contribution can still be a daunting |
| 14 | | amount. |
| 15 | | (8) This State is the second largest exporter of |
| 16 | | students in the country. |
| 17 | | (9) When talented Illinois students attend |
| 18 | | universities in this State, the State and those |
| 19 | | universities benefit. |
| 20 | | (10) State universities in other states have adopted |
| 21 | | pricing and incentives that allow many Illinois residents |
| 22 | | to pay less to attend an out-of-state university than to |
| 23 | | remain in this State for college. |
| 24 | | (11) Supporting Illinois student attendance at |
| 25 | | Illinois public universities can assist in State efforts |
| 26 | | to maintain and educate a highly trained workforce. |
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| 1 | | (12) Modest tuition discounts that are individually |
| 2 | | targeted and tailored can result in enhanced revenue for |
| 3 | | public universities. |
| 4 | | (13) By increasing a public university's capacity to |
| 5 | | strategically use tuition discounting, the public |
| 6 | | university will be capable of creating enhanced tuition |
| 7 | | revenue by increasing enrollment yields. |
| 8 | | (b) In this Section: |
| 9 | | "Eligible applicant" means a student from any high school |
| 10 | | in this State, whether or not recognized by the State Board of |
| 11 | | Education, who is engaged in a program of study that in due |
| 12 | | course will be completed by the end of the school year and who |
| 13 | | meets all of the qualifications and requirements under this |
| 14 | | Section. |
| 15 | | "Tuition and other necessary fees" includes the customary |
| 16 | | charge for instruction and use of facilities in general and |
| 17 | | the additional fixed fees charged for specified purposes that |
| 18 | | are required generally of non-grant recipients for each |
| 19 | | academic period for which the grant applicant actually |
| 20 | | enrolls, but does not include fees payable only once or |
| 21 | | breakage fees and other contingent deposits that are |
| 22 | | refundable in whole or in part. The Commission may adopt, by |
| 23 | | rule not inconsistent with this Section, detailed provisions |
| 24 | | concerning the computation of tuition and other necessary |
| 25 | | fees. |
| 26 | | (c) Beginning with the 2019-2020 academic year, each |
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| 1 | | public university may establish a merit-based scholarship |
| 2 | | pilot program known as the AIM HIGH Grant Pilot Program. Each |
| 3 | | year, the Commission shall receive and consider applications |
| 4 | | from public universities under this Section. Subject to |
| 5 | | appropriation and any tuition waiver limitation established by |
| 6 | | the Board of Higher Education, a public university campus may |
| 7 | | award a grant to a student under this Section if it finds that |
| 8 | | the applicant meets all of the following criteria: |
| 9 | | (1) He or she is a resident of this State and a citizen |
| 10 | | or eligible noncitizen of the United States. |
| 11 | | (2) He or she files a Free Application for Federal |
| 12 | | Student Aid and demonstrates financial need with a |
| 13 | | household income no greater than 8 6 times the poverty |
| 14 | | guidelines updated periodically in the Federal Register by |
| 15 | | the U.S. Department of Health and Human Services under the |
| 16 | | authority of 42 U.S.C. 9902(2). The household income of |
| 17 | | the applicant at the time of initial application shall be |
| 18 | | deemed to be the household income of the applicant for the |
| 19 | | duration of the pilot program. |
| 20 | | (3) He or she meets the minimum cumulative grade point |
| 21 | | average or ACT or SAT college admissions test score, as |
| 22 | | determined by the public university campus. |
| 23 | | (4) He or she is enrolled in a public university as an |
| 24 | | undergraduate student on a full-time basis. |
| 25 | | (5) He or she has not yet received a baccalaureate |
| 26 | | degree or the equivalent of 135 semester credit hours. |
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| 1 | | (6) He or she is not incarcerated. |
| 2 | | (7) He or she is not in default on any student loan or |
| 3 | | does not owe a refund or repayment on any State or federal |
| 4 | | grant or scholarship. |
| 5 | | (8) Any other reasonable criteria, as determined by |
| 6 | | the public university campus. |
| 7 | | (d) Each public university campus shall determine grant |
| 8 | | renewal criteria consistent with the requirements under this |
| 9 | | Section. |
| 10 | | (e) Each participating public university campus shall post |
| 11 | | on its Internet website criteria and eligibility requirements |
| 12 | | for receiving awards that use funds under this Section that |
| 13 | | include a range in the sizes of these individual awards. The |
| 14 | | criteria and amounts must also be reported to the Commission |
| 15 | | and the Board of Higher Education, who shall post the |
| 16 | | information on their respective Internet websites. |
| 17 | | (f) After enactment of an appropriation for this Program, |
| 18 | | the Commission shall determine an allocation of funds to each |
| 19 | | public university in an amount proportionate to the number of |
| 20 | | undergraduate students who are residents of this State and |
| 21 | | citizens or eligible noncitizens of the United States and who |
| 22 | | were enrolled at each public university campus in the previous |
| 23 | | academic year. All applications must be made to the Commission |
| 24 | | on or before a date determined by the Commission and on forms |
| 25 | | that the Commission shall provide to each public university |
| 26 | | campus. The form of the application and the information |
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| 1 | | required shall be determined by the Commission and shall |
| 2 | | include, without limitation, the total public university |
| 3 | | campus funds used to match funds received from the Commission |
| 4 | | in the previous academic year under this Section, if any, the |
| 5 | | total enrollment of undergraduate students who are residents |
| 6 | | of this State from the previous academic year, and any |
| 7 | | supporting documents as the Commission deems necessary. Each |
| 8 | | public university campus shall match the amount of funds |
| 9 | | received by the Commission with financial aid for eligible |
| 10 | | students. |
| 11 | | A public university in which an average of at least 49% of |
| 12 | | the students seeking a bachelor's degree or certificate |
| 13 | | received a Pell Grant over the prior 3 academic years, as |
| 14 | | reported to the Commission, shall match 20% of the amount of |
| 15 | | funds awarded in a given academic year with non-loan financial |
| 16 | | aid for eligible students. A public university in which an |
| 17 | | average of less than 49% of the students seeking a bachelor's |
| 18 | | degree or certificate received a Pell Grant over the prior 3 |
| 19 | | academic years, as reported to the Commission, shall match 60% |
| 20 | | of the amount of funds awarded in a given academic year with |
| 21 | | non-loan financial aid for eligible students. |
| 22 | | A public university campus is not required to claim its |
| 23 | | entire allocation. The Commission shall make available to all |
| 24 | | public universities, on a date determined by the Commission, |
| 25 | | any unclaimed funds and the funds must be made available to |
| 26 | | those public university campuses in the proportion determined |
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| 1 | | under this subsection (f), excluding from the calculation |
| 2 | | those public university campuses not claiming their full |
| 3 | | allocations. |
| 4 | | Each public university campus may determine the award |
| 5 | | amounts for eligible students on an individual or broad basis, |
| 6 | | but, subject to renewal eligibility, each renewed award may |
| 7 | | not be less than the amount awarded to the eligible student in |
| 8 | | his or her first year attending the public university campus. |
| 9 | | Notwithstanding this limitation, a renewal grant may be |
| 10 | | reduced due to changes in the student's cost of attendance, |
| 11 | | including, but not limited to, if a student reduces the number |
| 12 | | of credit hours in which he or she is enrolled, but remains a |
| 13 | | full-time student, or switches to a course of study with a |
| 14 | | lower tuition rate. |
| 15 | | An eligible applicant awarded grant assistance under this |
| 16 | | Section is eligible to receive other financial aid. Total |
| 17 | | grant aid to the student from all sources may not exceed the |
| 18 | | total cost of attendance at the public university campus. |
| 19 | | (g) All money allocated to a public university campus |
| 20 | | under this Section may be used only for financial aid purposes |
| 21 | | for students attending the public university campus during the |
| 22 | | academic year, not including summer terms. Notwithstanding any |
| 23 | | other provision of law to the contrary, any funds received by a |
| 24 | | public university campus under this Section that are not |
| 25 | | granted to students in the academic year for which the funds |
| 26 | | are received may be retained by the public university campus |
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| 1 | | for expenditure on students participating in the Program or |
| 2 | | students eligible to participate in the Program. |
| 3 | | (h) Each public university campus that establishes a |
| 4 | | Program under this Section must annually report to the |
| 5 | | Commission, on or before a date determined by the Commission, |
| 6 | | the number of undergraduate students enrolled at that campus |
| 7 | | who are residents of this State. |
| 8 | | (i) Each public university campus must report to the |
| 9 | | Commission the total non-loan financial aid amount given by |
| 10 | | the public university campus to undergraduate students in the |
| 11 | | 2017-2018 academic year, not including the summer term. To be |
| 12 | | eligible to receive funds under the Program, a public |
| 13 | | university campus may not decrease the total amount of |
| 14 | | non-loan financial aid it gives to undergraduate students, not |
| 15 | | including any funds received from the Commission under this |
| 16 | | Section or any funds used to match grant awards under this |
| 17 | | Section, to an amount lower than the reported amount for the |
| 18 | | 2017-2018 academic year, not including the summer term. |
| 19 | | (j) On or before a date determined by the Commission, each |
| 20 | | public university campus that participates in the Program |
| 21 | | under this Section shall annually submit a report to the |
| 22 | | Commission with all of the following information: |
| 23 | | (1) The Program's impact on tuition revenue and |
| 24 | | enrollment goals and increase in access and affordability |
| 25 | | at the public university campus. |
| 26 | | (2) Total funds received by the public university |
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| 1 | | campus under the Program. |
| 2 | | (3) Total non-loan financial aid awarded to |
| 3 | | undergraduate students attending the public university |
| 4 | | campus. |
| 5 | | (4) Total amount of funds matched by the public |
| 6 | | university campus. |
| 7 | | (5) Total amount of claimed and unexpended funds |
| 8 | | retained by the public university campus. |
| 9 | | (6) The percentage of total financial aid distributed |
| 10 | | under the Program by the public university campus. |
| 11 | | (7) The total number of students receiving grants from |
| 12 | | the public university campus under the Program and those |
| 13 | | students' grade level, race, gender, income level, family |
| 14 | | size, Monetary Award Program eligibility, Pell Grant |
| 15 | | eligibility, and zip code of residence and the amount of |
| 16 | | each grant award. This information shall include unit |
| 17 | | record data on those students regarding variables |
| 18 | | associated with the parameters of the public university's |
| 19 | | Program, including, but not limited to, a student's ACT or |
| 20 | | SAT college admissions test score, high school or |
| 21 | | university cumulative grade point average, or program of |
| 22 | | study. |
| 23 | | On or before October 1, 2020 and annually on or before |
| 24 | | October 1 thereafter, the Commission shall submit a report |
| 25 | | with the findings under this subsection (j) and any other |
| 26 | | information regarding the AIM HIGH Grant Pilot Program to (i) |
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| 1 | | the Governor, (ii) the Speaker of the House of |
| 2 | | Representatives, (iii) the Minority Leader of the House of |
| 3 | | Representatives, (iv) the President of the Senate, and (v) the |
| 4 | | Minority Leader of the Senate. The reports to the General |
| 5 | | Assembly shall be filed with the Clerk of the House of |
| 6 | | Representatives and the Secretary of the Senate in electronic |
| 7 | | form only, in the manner that the Clerk and the Secretary shall |
| 8 | | direct. The Commission's report may not disaggregate data to a |
| 9 | | level that may disclose personally identifying information of |
| 10 | | individual students. |
| 11 | | The sharing and reporting of student data under this |
| 12 | | subsection (j) must be in accordance with the requirements |
| 13 | | under the federal Family Educational Rights and Privacy Act of |
| 14 | | 1974 and the Illinois School Student Records Act. All parties |
| 15 | | must preserve the confidentiality of the information as |
| 16 | | required by law. The names of the grant recipients under this |
| 17 | | Section are not subject to disclosure under the Freedom of |
| 18 | | Information Act. |
| 19 | | Public university campuses that fail to submit a report |
| 20 | | under this subsection (j) or that fail to adhere to any other |
| 21 | | requirements under this Section may not be eligible for |
| 22 | | distribution of funds under the Program for the next academic |
| 23 | | year, but may be eligible for distribution of funds for each |
| 24 | | academic year thereafter. |
| 25 | | (k) The Commission shall adopt rules to implement this |
| 26 | | Section. |
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| 1 | | (l) This Section is repealed on October 1, 2024.
|
| 2 | | (Source: P.A. 100-587, eff. 6-4-18; 100-1015, eff. 8-21-18; |
| 3 | | 100-1183, eff. 4-4-19; 101-81, eff. 7-12-19; 101-613, eff. |
| 4 | | 6-1-20; 101-643, eff. 6-18-20; 101-654, eff. 3-8-21.)
|
| 5 | | Section 5-110. If and only if House Bill 2041 of the 103rd |
| 6 | | General Assembly becomes law, then the Private College Act is |
| 7 | | amended by adding Section 14.12 as follows:
|
| 8 | | (110 ILCS 1005/14.12 new) |
| 9 | | Sec. 14.12. Transfer of Fund Balance. On the effective |
| 10 | | date of this Section, or as soon thereafter as practical, the |
| 11 | | State Comptroller shall direct and the State Treasurer shall |
| 12 | | transfer the remaining balance from the Private College |
| 13 | | Academic Quality Assurance Fund into the Academic Quality |
| 14 | | Assurance Fund. Upon completion of the transfer, the Private |
| 15 | | College Academic Quality Assurance Fund is dissolved, and any |
| 16 | | future deposits due to that Fund and any outstanding |
| 17 | | obligations or liabilities of that Fund pass to the Academic |
| 18 | | Quality Assurance Fund. This Section is repealed on January 1, |
| 19 | | 2024.
|
| 20 | | Section 5-120. The Illinois Health Benefits Exchange Law |
| 21 | | is amended by adding Section 5-30 as follows:
|
| 22 | | (215 ILCS 122/5-30 new) |
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| 1 | | Sec. 5-30. Transfers from Insurance Producer |
| 2 | | Administration Fund. During fiscal year 2024 only, at the |
| 3 | | direction of and upon notification from the Director of |
| 4 | | Insurance, the State Comptroller shall direct and the State |
| 5 | | Treasurer shall transfer up to a total of $10,000,000 from the |
| 6 | | Insurance Producer Administration Fund to the Illinois Health |
| 7 | | Benefits Exchange Fund. This Section is repealed on January 1, |
| 8 | | 2025.
|
| 9 | | Section 5-121. The Auction License Act is amended by |
| 10 | | changing Section 10-50 as follows:
|
| 11 | | (225 ILCS 407/10-50)
|
| 12 | | (Section scheduled to be repealed on January 1, 2030)
|
| 13 | | Sec. 10-50. Fees; disposition of funds.
|
| 14 | | (a) The Department shall establish by rule a schedule of |
| 15 | | fees for the administration and maintenance of this Act. Such |
| 16 | | fees shall be nonrefundable. |
| 17 | | (b) Prior to July 1, 2023, all fees collected under this |
| 18 | | Act shall be deposited into the General Professions Dedicated |
| 19 | | Fund and appropriated to the Department for the ordinary and |
| 20 | | contingent expenses of the Department in the administration of |
| 21 | | this Act. Beginning on July 1, 2023, all fees, fines, |
| 22 | | penalties, or other monies received or collected pursuant to |
| 23 | | this Act shall be deposited in the Division of Real Estate |
| 24 | | General Fund. On or after July 1, 2023, at the direction of the |
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| 1 | | Department, the Comptroller shall direct and the Treasurer |
| 2 | | shall transfer the remaining balance of funds collected under |
| 3 | | this Act from the General Professions Dedicated Fund to the |
| 4 | | Division of Real Estate General Fund.
|
| 5 | | (Source: P.A. 102-970, eff. 5-27-22.)
|
| 6 | | Section 5-123. The Illinois Horse Racing Act of 1975 is |
| 7 | | amended by changing Sections 30 and 31 as follows:
|
| 8 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
|
| 9 | | Sec. 30.
(a) The General Assembly declares that it is the |
| 10 | | policy of
this State to encourage the breeding of thoroughbred |
| 11 | | horses in this
State and the ownership of such horses by |
| 12 | | residents of this State in
order to provide for: sufficient |
| 13 | | numbers of high quality thoroughbred
horses to participate in |
| 14 | | thoroughbred racing meetings in this State,
and to establish |
| 15 | | and preserve the agricultural and commercial benefits
of such |
| 16 | | breeding and racing industries to the State of Illinois. It is
|
| 17 | | the intent of the General Assembly to further this policy by |
| 18 | | the
provisions of this Act.
|
| 19 | | (b) Each organization licensee conducting a thoroughbred
|
| 20 | | racing meeting
pursuant to this Act shall provide at least two |
| 21 | | races each day limited
to Illinois conceived and foaled horses |
| 22 | | or Illinois foaled horses or
both. A minimum of 6 races shall |
| 23 | | be conducted each week limited to
Illinois conceived and |
| 24 | | foaled or Illinois foaled horses or both. No
horses shall be |
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| 1 | | permitted to start in such races unless duly registered
under |
| 2 | | the rules of the Department of Agriculture.
|
| 3 | | (c) Conditions of races under subsection (b) shall be
|
| 4 | | commensurate
with past performance, quality, and class of |
| 5 | | Illinois conceived and foaled
and Illinois foaled horses
|
| 6 | | available. If, however, sufficient competition cannot be had |
| 7 | | among
horses of that class on any day, the races may, with |
| 8 | | consent of the
Board, be eliminated for that day and |
| 9 | | substitute races provided.
|
| 10 | | (d) There is hereby created a special fund of the State |
| 11 | | Treasury to
be known as the Illinois Thoroughbred Breeders |
| 12 | | Fund.
|
| 13 | | Beginning on June 28, 2019 (the effective date of Public |
| 14 | | Act 101-31) this amendatory Act of the 101st General Assembly, |
| 15 | | the Illinois Thoroughbred Breeders Fund shall become a |
| 16 | | non-appropriated trust fund held separate from State moneys. |
| 17 | | Expenditures from this Fund shall no longer be subject to |
| 18 | | appropriation. |
| 19 | | Except as provided in subsection (g) of Section 27 of this |
| 20 | | Act, 8.5% of all
the monies received by the State as
privilege |
| 21 | | taxes on Thoroughbred racing meetings shall be paid into the |
| 22 | | Illinois
Thoroughbred Breeders Fund.
|
| 23 | | Notwithstanding any provision of law to the contrary, |
| 24 | | amounts deposited into the Illinois Thoroughbred Breeders Fund |
| 25 | | from revenues generated by gaming pursuant to an organization |
| 26 | | gaming license issued under the Illinois Gambling Act after |
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| 1 | | June 28, 2019 (the effective date of Public Act 101-31) this |
| 2 | | amendatory Act of the 101st General Assembly shall be in |
| 3 | | addition to tax and fee amounts paid under this Section for |
| 4 | | calendar year 2019 and thereafter. |
| 5 | | (e) The Illinois Thoroughbred Breeders Fund shall be |
| 6 | | administered by
the Department of Agriculture
with the advice |
| 7 | | and assistance of the
Advisory Board created in subsection (f) |
| 8 | | of this Section.
|
| 9 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
| 10 | | shall
consist of the Director of the Department of |
| 11 | | Agriculture, who shall
serve as Chairman; a member of the |
| 12 | | Illinois Racing Board, designated by
it; 2 representatives of |
| 13 | | the organization licensees
conducting thoroughbred
racing |
| 14 | | meetings, recommended by them; 2 representatives of the |
| 15 | | Illinois
Thoroughbred Breeders and Owners Foundation, |
| 16 | | recommended by it; one representative of the Horsemen's |
| 17 | | Benevolent Protective Association; and one representative from |
| 18 | | the Illinois Thoroughbred Horsemen's Association. Advisory |
| 19 | | Board members shall serve for 2 years commencing January 1
of
|
| 20 | | each odd numbered year. If representatives of the organization |
| 21 | | licensees
conducting thoroughbred racing meetings, the |
| 22 | | Illinois Thoroughbred Breeders and
Owners Foundation, the |
| 23 | | Horsemen's Benevolent Protection Association, and the Illinois |
| 24 | | Thoroughbred Horsemen's Association have
not been recommended |
| 25 | | by January 1, of each odd numbered year, the Director of
the |
| 26 | | Department of Agriculture shall make an appointment for the |
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| 1 | | organization
failing to so recommend a member of the Advisory |
| 2 | | Board. Advisory Board members
shall receive no compensation |
| 3 | | for their services as members but shall be
reimbursed for all |
| 4 | | actual and necessary expenses and disbursements incurred in
|
| 5 | | the execution of their official duties.
|
| 6 | | (g) Monies expended
from the Illinois Thoroughbred |
| 7 | | Breeders Fund shall be
expended by the Department of |
| 8 | | Agriculture,
with the advice and
assistance of the Illinois |
| 9 | | Thoroughbred Breeders Fund Advisory Board,
for the following |
| 10 | | purposes only:
|
| 11 | | (1) To provide purse supplements to owners of horses |
| 12 | | participating
in races limited to Illinois conceived and |
| 13 | | foaled and Illinois foaled
horses. Any such purse |
| 14 | | supplements shall not be included in and shall
be paid in |
| 15 | | addition to any purses, stakes, or breeders' awards |
| 16 | | offered
by each organization licensee as determined by |
| 17 | | agreement between such
organization licensee and an |
| 18 | | organization representing the horsemen. No
monies from the |
| 19 | | Illinois Thoroughbred Breeders Fund shall be used to |
| 20 | | provide
purse supplements for claiming races in which the |
| 21 | | minimum claiming price is
less than $7,500.
|
| 22 | | (2) To provide stakes and awards to be paid to the |
| 23 | | owners of the
winning horses in certain races limited to |
| 24 | | Illinois conceived and foaled
and Illinois foaled horses |
| 25 | | designated as stakes races.
|
| 26 | | (2.5) To provide an award to the owner or owners of an |
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| 1 | | Illinois
conceived and foaled or Illinois foaled horse |
| 2 | | that wins a
maiden special weight, an allowance, overnight |
| 3 | | handicap race, or
claiming race with claiming price of |
| 4 | | $10,000 or more providing the race
is not restricted
to |
| 5 | | Illinois conceived and foaled or Illinois foaled horses.
|
| 6 | | Awards shall
also be provided to the owner or owners of |
| 7 | | Illinois conceived and foaled and
Illinois foaled horses |
| 8 | | that place second or third in those races. To the
extent
|
| 9 | | that additional moneys are required to pay the minimum |
| 10 | | additional awards of 40%
of the purse the horse earns for |
| 11 | | placing first, second or third in those races
for Illinois |
| 12 | | foaled horses and of 60% of the purse the horse earns for |
| 13 | | placing
first, second or third in those races for Illinois
|
| 14 | | conceived and foaled horses, those moneys shall be |
| 15 | | provided from the purse
account at the track where earned.
|
| 16 | | (3) To provide stallion awards to the owner or owners |
| 17 | | of any
stallion that is duly registered with the Illinois |
| 18 | | Thoroughbred Breeders
Fund Program whose
duly registered |
| 19 | | Illinois conceived and foaled offspring wins a race |
| 20 | | conducted
at an Illinois
thoroughbred racing meeting other |
| 21 | | than a claiming race, provided that the stallion stood |
| 22 | | service within Illinois at the time the offspring was |
| 23 | | conceived and that the stallion did not stand for service |
| 24 | | outside of Illinois at any time during the year in which |
| 25 | | the offspring was conceived.
|
| 26 | | (4) To provide $75,000 annually for purses to be
|
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| 1 | | distributed to
county fairs that provide for the running |
| 2 | | of races during each county
fair exclusively for the |
| 3 | | thoroughbreds conceived and foaled in
Illinois. The |
| 4 | | conditions of the races shall be developed by the county
|
| 5 | | fair association and reviewed by the Department with the |
| 6 | | advice and
assistance of
the Illinois Thoroughbred |
| 7 | | Breeders Fund Advisory Board. There shall be no
wagering |
| 8 | | of any kind on the running
of
Illinois conceived and |
| 9 | | foaled races at county fairs.
|
| 10 | | (4.1) To provide purse money for an Illinois stallion |
| 11 | | stakes program.
|
| 12 | | (5) No less than 90% of all monies expended from the |
| 13 | | Illinois
Thoroughbred Breeders Fund shall be expended for |
| 14 | | the purposes in (1), (2),
(2.5), (3), (4), (4.1), and (5) |
| 15 | | as shown above.
|
| 16 | | (6) To provide for educational programs regarding the |
| 17 | | thoroughbred
breeding industry.
|
| 18 | | (7) To provide for research programs concerning the |
| 19 | | health,
development and care of the thoroughbred horse.
|
| 20 | | (8) To provide for a scholarship and training program |
| 21 | | for students
of equine veterinary medicine.
|
| 22 | | (9) To provide for dissemination of public information |
| 23 | | designed to
promote the breeding of thoroughbred horses in |
| 24 | | Illinois.
|
| 25 | | (10) To provide for all expenses incurred in the |
| 26 | | administration of
the Illinois Thoroughbred Breeders Fund.
|
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| 1 | | (h) The Illinois Thoroughbred Breeders Fund is not subject |
| 2 | | to administrative charges or chargebacks, including, but not |
| 3 | | limited to, those authorized under Section 8h of the State |
| 4 | | Finance Act.
|
| 5 | | (i) A sum equal to 13% of the first prize money of every |
| 6 | | purse won by an Illinois foaled or Illinois conceived and |
| 7 | | foaled horse in races not limited to Illinois foaled horses or |
| 8 | | Illinois conceived and foaled horses, or both, shall be paid |
| 9 | | by the organization licensee conducting the horse race |
| 10 | | meeting. Such sum shall be paid 50% from the organization |
| 11 | | licensee's share of the money wagered and 50% from the purse |
| 12 | | account as follows: 11 1/2% to the breeder of the winning horse |
| 13 | | and 1 1/2% to the organization representing thoroughbred |
| 14 | | breeders and owners who representative serves on the Illinois |
| 15 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
| 16 | | amounts of breeders' awards earned, ensuring their |
| 17 | | distribution in accordance with this Act, and servicing and |
| 18 | | promoting the Illinois thoroughbred horse racing industry. |
| 19 | | Beginning in the calendar year in which an organization |
| 20 | | licensee that is eligible to receive payments under paragraph |
| 21 | | (13) of subsection (g) of Section 26 of this Act begins to |
| 22 | | receive funds from gaming pursuant to an organization gaming |
| 23 | | license issued under the Illinois Gambling Act, a sum equal to |
| 24 | | 21 1/2% of the first prize money of every purse won by an |
| 25 | | Illinois foaled or an Illinois conceived and foaled horse in |
| 26 | | races not limited to an Illinois conceived and foaled horse, |
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| 1 | | or both, shall be paid 30% from the organization licensee's |
| 2 | | account and 70% from the purse account as follows: 20% to the |
| 3 | | breeder of the winning horse and 1 1/2% to the organization |
| 4 | | representing thoroughbred breeders and owners whose |
| 5 | | representatives serve on the Illinois Thoroughbred Breeders |
| 6 | | Fund Advisory Board for verifying the amounts of breeders' |
| 7 | | awards earned, ensuring their distribution in accordance with |
| 8 | | this Act, and servicing and promoting the Illinois |
| 9 | | Thoroughbred racing industry. The
organization representing |
| 10 | | thoroughbred breeders and owners shall cause all
expenditures |
| 11 | | of monies received under this subsection (i) to be audited
at |
| 12 | | least annually by a registered public accountant. The |
| 13 | | organization
shall file copies of each annual audit with the |
| 14 | | Racing Board, the Clerk of
the House of Representatives and |
| 15 | | the Secretary of the Senate, and shall
make copies of each |
| 16 | | annual audit available to the public upon request
and upon |
| 17 | | payment of the reasonable cost of photocopying the requested
|
| 18 | | number of copies. Such payments shall not reduce any award to |
| 19 | | the owner of the
horse or reduce the taxes payable under this |
| 20 | | Act. Upon completion of its
racing meet, each organization |
| 21 | | licensee shall deliver to the organization
representing |
| 22 | | thoroughbred breeders and owners whose representative serves |
| 23 | | on
the Illinois Thoroughbred Breeders Fund Advisory Board a |
| 24 | | listing of all the
Illinois foaled and the Illinois conceived |
| 25 | | and foaled horses which won
breeders' awards and the amount of |
| 26 | | such breeders' awards under this subsection
to verify accuracy |
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| 1 | | of payments and assure proper distribution of breeders'
awards |
| 2 | | in accordance with the provisions of this Act. Such payments |
| 3 | | shall be
delivered by the organization licensee within 30 days |
| 4 | | of the end of each race
meeting.
|
| 5 | | (j) A sum equal to 13% of the first prize money won in |
| 6 | | every race limited to Illinois foaled horses or Illinois |
| 7 | | conceived and foaled horses, or both, shall be paid in the |
| 8 | | following manner by the organization licensee conducting the |
| 9 | | horse race meeting, 50% from the organization licensee's share |
| 10 | | of the money wagered and 50% from the purse account as follows: |
| 11 | | 11 1/2% to the breeders of the horses in each such race which |
| 12 | | are the official first, second, third, and fourth finishers |
| 13 | | and 1 1/2% to the organization representing thoroughbred |
| 14 | | breeders and owners whose representatives serve on the |
| 15 | | Illinois Thoroughbred Breeders Fund Advisory Board for |
| 16 | | verifying the amounts of breeders' awards earned, ensuring |
| 17 | | their proper distribution in accordance with this Act, and |
| 18 | | servicing and promoting the Illinois horse racing industry. |
| 19 | | Beginning in the calendar year in which an organization |
| 20 | | licensee that is eligible to receive payments under paragraph |
| 21 | | (13) of subsection (g) of Section 26 of this Act begins to |
| 22 | | receive funds from gaming pursuant to an organization gaming |
| 23 | | license issued under the Illinois Gambling Act, a sum of 21 |
| 24 | | 1/2% of every purse in a race limited to Illinois foaled horses |
| 25 | | or Illinois conceived and foaled horses, or both, shall be |
| 26 | | paid by the organization licensee conducting the horse race |
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| 1 | | meeting. Such sum shall be paid 30% from the organization |
| 2 | | licensee's account and 70% from the purse account as follows: |
| 3 | | 20% to the breeders of the horses in each such race who are |
| 4 | | official first, second, third and fourth finishers and 1 1/2% |
| 5 | | to the organization representing thoroughbred breeders and |
| 6 | | owners whose representatives serve on the Illinois |
| 7 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
| 8 | | amounts of breeders' awards earned, ensuring their proper |
| 9 | | distribution in accordance with this Act, and servicing and |
| 10 | | promoting the Illinois thoroughbred horse racing industry. The |
| 11 | | organization representing thoroughbred breeders and owners |
| 12 | | shall cause all expenditures of moneys received under this |
| 13 | | subsection (j) to be audited at least annually by a registered |
| 14 | | public accountant. The organization shall file copies of each |
| 15 | | annual audit with the Racing Board, the Clerk of the House of |
| 16 | | Representatives and the Secretary of the Senate, and shall |
| 17 | | make copies of each annual audit available to the public upon |
| 18 | | request and upon payment of the reasonable cost of |
| 19 | | photocopying the requested number of copies. The copies of the |
| 20 | | audit to the General Assembly shall be filed with the Clerk of |
| 21 | | the House of Representatives and the Secretary of the Senate |
| 22 | | in electronic form only, in the manner that the Clerk and the |
| 23 | | Secretary shall direct.
|
| 24 | | The amounts paid to the breeders in accordance with this |
| 25 | | subsection
shall be distributed as follows:
|
| 26 | | (1) 60% of such sum shall be paid to the breeder of the |
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| 1 | | horse which
finishes in the official first position;
|
| 2 | | (2) 20% of such sum shall be paid to the breeder of the |
| 3 | | horse which
finishes in the official second position;
|
| 4 | | (3) 15% of such sum shall be paid to the breeder of the |
| 5 | | horse which
finishes in the official third position; and
|
| 6 | | (4) 5% of such sum shall be paid to the breeder of the |
| 7 | | horse which
finishes in the official fourth position.
|
| 8 | | Such payments shall not reduce any award to the owners of a |
| 9 | | horse or
reduce the taxes payable under this Act. Upon |
| 10 | | completion of its racing meet,
each organization licensee |
| 11 | | shall deliver to the organization representing
thoroughbred |
| 12 | | breeders and owners whose representative serves on the |
| 13 | | Illinois
Thoroughbred Breeders Fund Advisory Board a listing |
| 14 | | of all the Illinois foaled
and the Illinois conceived and |
| 15 | | foaled horses which won breeders' awards and the
amount of |
| 16 | | such breeders' awards in accordance with the provisions of |
| 17 | | this Act.
Such payments shall be delivered by the organization |
| 18 | | licensee within 30 days of
the end of each race meeting.
|
| 19 | | (k) The term "breeder", as used herein, means the owner of |
| 20 | | the mare at
the time the foal is dropped. An "Illinois foaled |
| 21 | | horse" is a foal
dropped by a mare which enters this State on |
| 22 | | or before December 1, in the
year in which the horse is bred,
|
| 23 | | provided the mare remains continuously in this State until its |
| 24 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
| 25 | | of a mare in the same year
as the
mare enters this State on or |
| 26 | | before March 1,
and remains in this State at
least 30
days |
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| 1 | | after foaling, is bred back during the season of the foaling to
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| 2 | | an
Illinois Registered Stallion (unless a veterinarian |
| 3 | | certifies that the mare
should not be bred for health |
| 4 | | reasons), and is not bred to a stallion
standing in any other |
| 5 | | state during the season of foaling. An "Illinois
foaled horse" |
| 6 | | also means a foal born in Illinois of a mare purchased at |
| 7 | | public
auction
subsequent to the mare entering this State on |
| 8 | | or before March 1 of the foaling
year providing the mare is |
| 9 | | owned solely by one or more Illinois residents or an
Illinois
|
| 10 | | entity that is entirely owned by one or more Illinois |
| 11 | | residents.
|
| 12 | | (l) The Department of Agriculture shall, by rule, with the |
| 13 | | advice
and assistance of the Illinois Thoroughbred Breeders |
| 14 | | Fund Advisory
Board:
|
| 15 | | (1) Qualify stallions for Illinois breeding; such |
| 16 | | stallions to stand for
service within the State of |
| 17 | | Illinois at the time of a foal's conception. Such
stallion |
| 18 | | must not stand for service at any place outside the State |
| 19 | | of Illinois
during the calendar year in which the foal is |
| 20 | | conceived.
The Department of Agriculture may assess and |
| 21 | | collect an application fee of up to $500 for the
|
| 22 | | registration of Illinois-eligible stallions. All fees |
| 23 | | collected are to be held in trust accounts for the |
| 24 | | purposes set forth in this Act and in accordance with |
| 25 | | Section 205-15 of the Department of Agriculture Law.
|
| 26 | | (2) Provide for the registration of Illinois conceived |
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| 1 | | and foaled
horses and Illinois foaled horses. No such |
| 2 | | horse shall compete in
the races limited to Illinois |
| 3 | | conceived and foaled horses or Illinois
foaled horses or |
| 4 | | both unless registered with the Department of
Agriculture. |
| 5 | | The Department of Agriculture may prescribe such forms as
|
| 6 | | are necessary to determine the eligibility of such horses. |
| 7 | | The Department of
Agriculture may assess and collect |
| 8 | | application fees for the registration of
Illinois-eligible |
| 9 | | foals. All fees collected are to be held in trust accounts |
| 10 | | for the purposes set forth in this Act and in accordance |
| 11 | | with Section 205-15 of the Department of Agriculture Law. |
| 12 | | No person
shall knowingly prepare or cause preparation of |
| 13 | | an application for
registration of such foals containing |
| 14 | | false information.
|
| 15 | | (m) The Department of Agriculture, with the advice and |
| 16 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
| 17 | | Board, shall provide that certain races
limited to Illinois |
| 18 | | conceived and foaled and Illinois foaled horses be
stakes |
| 19 | | races and determine the total amount of stakes and awards to be |
| 20 | | paid
to the owners of the winning horses in such races.
|
| 21 | | In determining the stakes races and the amount of awards |
| 22 | | for such races,
the Department of Agriculture shall consider |
| 23 | | factors, including but not
limited to, the amount of money |
| 24 | | transferred into appropriated for the Illinois Thoroughbred
|
| 25 | | Breeders Fund program, organization licensees' contributions,
|
| 26 | | availability of stakes caliber horses as demonstrated by past |
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| 1 | | performances,
whether the race can be coordinated into the |
| 2 | | proposed racing dates within
organization licensees' racing |
| 3 | | dates, opportunity for
colts and fillies
and various age |
| 4 | | groups to race, public wagering on such races, and the
|
| 5 | | previous racing schedule.
|
| 6 | | (n) The Board and the organization licensee shall
notify |
| 7 | | the Department of the conditions and minimum purses for races
|
| 8 | | limited to Illinois conceived and foaled and Illinois foaled |
| 9 | | horses
conducted for each organization licensee conducting a |
| 10 | | thoroughbred racing
meeting. The Department of Agriculture |
| 11 | | with the advice and assistance of
the Illinois Thoroughbred |
| 12 | | Breeders Fund Advisory Board may allocate monies
for purse |
| 13 | | supplements for such races. In determining whether to allocate
|
| 14 | | money and the amount, the Department of Agriculture shall |
| 15 | | consider factors,
including but not limited to, the amount of |
| 16 | | money transferred into appropriated for the
Illinois |
| 17 | | Thoroughbred Breeders Fund program, the number of races that |
| 18 | | may
occur, and the organization licensee's purse structure.
|
| 19 | | (o) (Blank).
|
| 20 | | (Source: P.A. 101-31, eff. 6-28-19.)
|
| 21 | | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
|
| 22 | | Sec. 31.
(a) The General Assembly declares that it is the |
| 23 | | policy of
this State to encourage the breeding of standardbred |
| 24 | | horses in this
State and the ownership of such horses by |
| 25 | | residents of this State in
order to provide for: sufficient |
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| 1 | | numbers of high quality standardbred
horses to participate in |
| 2 | | harness racing meetings in this State, and to
establish and |
| 3 | | preserve the agricultural and commercial benefits of such
|
| 4 | | breeding and racing industries to the State of Illinois. It is |
| 5 | | the
intent of the General Assembly to further this policy by |
| 6 | | the provisions
of this Section of this Act.
|
| 7 | | (b) Each organization licensee conducting a harness
racing |
| 8 | | meeting pursuant to this Act shall provide for at least two |
| 9 | | races each
race program limited to
Illinois conceived and |
| 10 | | foaled horses. A minimum of 6 races shall be
conducted each |
| 11 | | week limited to Illinois conceived and foaled horses. No
|
| 12 | | horses shall be permitted to start in such races unless duly |
| 13 | | registered
under the rules of the Department of Agriculture.
|
| 14 | | (b-5) Organization licensees, not including the Illinois |
| 15 | | State Fair or the DuQuoin State Fair, shall provide stake |
| 16 | | races and early closer races for Illinois conceived and foaled |
| 17 | | horses so that purses distributed for such races shall be no |
| 18 | | less than 17% of total purses distributed for harness racing |
| 19 | | in that calendar year in addition to any stakes payments and |
| 20 | | starting fees contributed by horse owners. |
| 21 | | (b-10) Each organization licensee conducting a harness |
| 22 | | racing meeting
pursuant to this Act shall provide an owner |
| 23 | | award to be paid from the purse
account equal to 12% of the |
| 24 | | amount earned by Illinois conceived and foaled
horses |
| 25 | | finishing in the first 3 positions in races that are not |
| 26 | | restricted to Illinois conceived and foaled
horses. The owner |
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| 1 | | awards shall not be paid on races below the $10,000 claiming |
| 2 | | class. |
| 3 | | (c) Conditions of races under subsection (b) shall be |
| 4 | | commensurate
with past performance, quality and class of |
| 5 | | Illinois conceived and
foaled horses available. If, however, |
| 6 | | sufficient competition cannot be
had among horses of that |
| 7 | | class on any day, the races may, with consent
of the Board, be |
| 8 | | eliminated for that day and substitute races provided.
|
| 9 | | (d) There is hereby created a special fund of the State |
| 10 | | Treasury to
be known as the Illinois Standardbred Breeders |
| 11 | | Fund. Beginning on June 28, 2019 (the effective date of Public |
| 12 | | Act 101-31), the Illinois Standardbred Breeders Fund shall |
| 13 | | become a non-appropriated trust fund held separate and apart |
| 14 | | from State moneys. Expenditures from this Fund shall no longer |
| 15 | | be subject to appropriation.
|
| 16 | | During the calendar year 1981, and each year thereafter, |
| 17 | | except as provided
in subsection (g) of Section 27 of this Act, |
| 18 | | eight and one-half
per cent of all the monies received by the |
| 19 | | State as privilege taxes on
harness racing meetings shall be |
| 20 | | paid into the Illinois Standardbred
Breeders Fund.
|
| 21 | | (e) Notwithstanding any provision of law to the contrary, |
| 22 | | amounts deposited into the Illinois Standardbred Breeders Fund |
| 23 | | from revenues generated by gaming pursuant to an organization |
| 24 | | gaming license issued under the Illinois Gambling Act after |
| 25 | | June 28, 2019 (the effective date of Public Act 101-31) shall |
| 26 | | be in addition to tax and fee amounts paid under this Section |
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| 1 | | for calendar year 2019 and thereafter. The Illinois |
| 2 | | Standardbred Breeders Fund shall be administered by
the |
| 3 | | Department of Agriculture with the assistance and advice of |
| 4 | | the
Advisory Board created in subsection (f) of this Section.
|
| 5 | | (f) The Illinois Standardbred Breeders Fund Advisory Board |
| 6 | | is hereby
created. The Advisory Board shall consist of the |
| 7 | | Director of the
Department of Agriculture, who shall serve as |
| 8 | | Chairman; the
Superintendent of the Illinois State Fair; a |
| 9 | | member of the Illinois
Racing Board, designated by it; a |
| 10 | | representative of the largest association of Illinois |
| 11 | | standardbred owners and breeders, recommended by it; a
|
| 12 | | representative of a statewide association representing |
| 13 | | agricultural fairs in Illinois,
recommended by it, such |
| 14 | | representative to be from a fair at which
Illinois conceived |
| 15 | | and foaled racing is conducted; a representative of
the |
| 16 | | organization licensees conducting harness racing
meetings, |
| 17 | | recommended by them; a representative of the Breeder's |
| 18 | | Committee of the association representing the largest number |
| 19 | | of standardbred owners, breeders, trainers, caretakers, and |
| 20 | | drivers, recommended by it;
and a representative of the |
| 21 | | association representing the largest number of standardbred |
| 22 | | owners, breeders, trainers, caretakers, and drivers,
|
| 23 | | recommended by it. Advisory Board members shall serve for 2 |
| 24 | | years
commencing January 1 of each odd numbered year. If |
| 25 | | representatives of
the largest association of Illinois |
| 26 | | standardbred owners and breeders, a statewide association of |
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| 1 | | agricultural fairs in Illinois, the association representing |
| 2 | | the largest number of standardbred owners, breeders, trainers, |
| 3 | | caretakers, and drivers, a member of the Breeder's Committee |
| 4 | | of the association representing the largest number of |
| 5 | | standardbred owners, breeders, trainers, caretakers, and |
| 6 | | drivers, and the organization licensees conducting
harness |
| 7 | | racing meetings
have not been recommended by January 1 of each |
| 8 | | odd numbered year, the
Director of the Department of |
| 9 | | Agriculture shall make an appointment for
the organization |
| 10 | | failing to so recommend a member of the Advisory Board.
|
| 11 | | Advisory Board members shall receive no compensation for their |
| 12 | | services
as members but shall be reimbursed for all actual and |
| 13 | | necessary expenses
and disbursements incurred in the execution |
| 14 | | of their official duties.
|
| 15 | | (g) Monies expended
from the Illinois Standardbred |
| 16 | | Breeders Fund shall be
expended by the Department of |
| 17 | | Agriculture, with the assistance and
advice of the Illinois |
| 18 | | Standardbred Breeders Fund Advisory Board for the
following |
| 19 | | purposes only:
|
| 20 | | 1. To provide purses for races limited to Illinois |
| 21 | | conceived and
foaled horses at the State Fair and the |
| 22 | | DuQuoin State Fair.
|
| 23 | | 2. To provide purses for races limited to Illinois |
| 24 | | conceived and
foaled horses at county fairs.
|
| 25 | | 3. To provide purse supplements for races limited to |
| 26 | | Illinois
conceived and foaled horses conducted by |
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| 1 | | associations conducting harness
racing meetings.
|
| 2 | | 4. No less than 75% of all monies in the Illinois |
| 3 | | Standardbred
Breeders Fund shall be expended for purses in |
| 4 | | 1, 2, and 3 as shown above.
|
| 5 | | 5. In the discretion of the Department of Agriculture |
| 6 | | to provide
awards to harness breeders of Illinois |
| 7 | | conceived and foaled horses which
win races conducted by |
| 8 | | organization licensees
conducting harness racing meetings.
|
| 9 | | A breeder is the owner of a mare at the time of conception. |
| 10 | | No more
than 10% of all moneys transferred into monies |
| 11 | | appropriated from the Illinois
Standardbred Breeders Fund |
| 12 | | shall
be expended for such harness breeders awards. No |
| 13 | | more than 25% of the
amount expended for harness breeders |
| 14 | | awards shall be expended for
expenses incurred in the |
| 15 | | administration of such harness breeders awards.
|
| 16 | | 6. To pay for the improvement of racing facilities |
| 17 | | located at the
State Fair and County fairs.
|
| 18 | | 7. To pay the expenses incurred in the administration |
| 19 | | of the
Illinois Standardbred Breeders Fund.
|
| 20 | | 8. To promote the sport of harness racing, including |
| 21 | | grants up to a
maximum of $7,500 per fair per year for |
| 22 | | conducting pari-mutuel wagering during the advertised |
| 23 | | dates of a
county fair.
|
| 24 | | 9. To pay up to $50,000 annually for the Department of |
| 25 | | Agriculture to conduct drug testing at county fairs racing |
| 26 | | standardbred horses. |
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| 1 | | (h) The Illinois Standardbred Breeders Fund is not subject |
| 2 | | to administrative charges or chargebacks, including, but not |
| 3 | | limited to, those authorized under Section 8h of the State |
| 4 | | Finance Act.
|
| 5 | | (i) A sum equal to 13% of the first prize money of the |
| 6 | | gross purse
won by an Illinois conceived and foaled horse |
| 7 | | shall be paid 50% by the
organization licensee conducting the |
| 8 | | horse race meeting to the breeder
of such winning horse from |
| 9 | | the organization licensee's account and 50% from the purse |
| 10 | | account of the licensee.
Such payment
shall not reduce any |
| 11 | | award to the owner of
the horse or reduce the taxes payable |
| 12 | | under this Act. Such payment
shall be delivered by the |
| 13 | | organization licensee at the end of each quarter.
|
| 14 | | (j) The Department of Agriculture shall, by rule, with the
|
| 15 | | assistance and advice of the Illinois Standardbred Breeders |
| 16 | | Fund
Advisory Board:
|
| 17 | | 1. Qualify stallions for Illinois Standardbred |
| 18 | | Breeders Fund breeding. Such stallion shall
stand for
|
| 19 | | service at and within the State of Illinois at the time of |
| 20 | | a foal's
conception, and such stallion must not stand for |
| 21 | | service at any place
outside the State of Illinois during |
| 22 | | that calendar year in which the
foal is conceived. |
| 23 | | However, on and after January 1, 2018, semen from an |
| 24 | | Illinois stallion may be transported outside the State of |
| 25 | | Illinois.
|
| 26 | | 2. Provide for the registration of Illinois conceived |
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| 1 | | and foaled
horses and no such horse shall compete in the |
| 2 | | races limited to Illinois
conceived and foaled horses |
| 3 | | unless registered with the Department of
Agriculture. The |
| 4 | | Department of Agriculture may prescribe such forms as
may |
| 5 | | be necessary to determine the eligibility of such horses. |
| 6 | | No person
shall knowingly prepare or cause preparation of |
| 7 | | an application for
registration of such foals containing |
| 8 | | false information.
A mare (dam) must be in the State at |
| 9 | | least 30 days prior to foaling or
remain in the State at |
| 10 | | least 30 days at the time of foaling. However, the |
| 11 | | requirement that a mare (dam) must be in the State at least |
| 12 | | 30 days before foaling or remain in the State at least 30 |
| 13 | | days at the time of foaling shall not be in effect from |
| 14 | | January 1, 2018 until January 1, 2022.
Beginning with the |
| 15 | | 1996 breeding season and for foals of 1997 and thereafter,
|
| 16 | | a foal conceived by transported semen may be eligible for |
| 17 | | Illinois
conceived and foaled registration provided all |
| 18 | | breeding and foaling
requirements are met. The stallion |
| 19 | | must be qualified for Illinois Standardbred
Breeders Fund |
| 20 | | breeding at the time of conception. The foal must be |
| 21 | | dropped in Illinois
and properly registered with the |
| 22 | | Department of Agriculture in accordance with
this Act. |
| 23 | | However, from January 1, 2018 until January 1, 2022, the |
| 24 | | requirement for a mare to be inseminated within the State |
| 25 | | of Illinois and the requirement for a foal to be dropped in |
| 26 | | Illinois are inapplicable.
|
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| 1 | | 3. Provide that at least a 5-day racing program shall |
| 2 | | be conducted
at the State Fair each year, unless an |
| 3 | | alternate racing program is requested by the Illinois |
| 4 | | Standardbred Breeders Fund Advisory Board, which program |
| 5 | | shall include at least the
following races limited to |
| 6 | | Illinois conceived and foaled horses: (a) a 2-year-old
|
| 7 | | Trot and Pace, and Filly Division of each; (b) a |
| 8 | | 3-year-old Trot and Pace, and Filly Division of each; (c) |
| 9 | | an aged Trot and Pace,
and Mare Division of each.
|
| 10 | | 4. Provide for the payment of nominating, sustaining |
| 11 | | and starting
fees for races promoting the sport of harness |
| 12 | | racing and for the races
to be conducted at the State Fair |
| 13 | | as provided in
subsection (j) 3 of this Section provided |
| 14 | | that the nominating,
sustaining and starting payment |
| 15 | | required from an entrant shall not
exceed 2% of the purse |
| 16 | | of such race. All nominating, sustaining and
starting |
| 17 | | payments shall be held for the benefit of entrants and |
| 18 | | shall be
paid out as part of the respective purses for such |
| 19 | | races.
Nominating, sustaining and starting fees shall be |
| 20 | | held in trust accounts
for the purposes as set forth in |
| 21 | | this Act and in accordance with Section
205-15 of the |
| 22 | | Department of Agriculture Law.
|
| 23 | | 5. Provide for the registration with the Department of |
| 24 | | Agriculture
of Colt Associations or county fairs desiring |
| 25 | | to sponsor races at county
fairs.
|
| 26 | | 6. Provide for the promotion of producing standardbred |
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| 1 | | racehorses by providing a bonus award program for owners |
| 2 | | of 2-year-old horses that win multiple major stakes races |
| 3 | | that are limited to Illinois conceived and foaled horses. |
| 4 | | (k) The Department of Agriculture, with the advice and |
| 5 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory |
| 6 | | Board, may allocate monies for purse
supplements for such |
| 7 | | races. In determining whether to allocate money and
the |
| 8 | | amount, the Department
of Agriculture shall consider factors, |
| 9 | | including, but not limited to, the
amount of money transferred |
| 10 | | into appropriated for the Illinois Standardbred Breeders Fund
|
| 11 | | program, the number of races that may occur, and an |
| 12 | | organization
licensee's purse structure. The organization |
| 13 | | licensee shall notify the
Department of Agriculture of the |
| 14 | | conditions and minimum purses for races
limited to Illinois |
| 15 | | conceived and foaled horses to be conducted by each |
| 16 | | organization
licensee conducting a harness racing meeting for |
| 17 | | which purse
supplements have been negotiated.
|
| 18 | | (l) All races held at county fairs and the State Fair which |
| 19 | | receive funds
from the Illinois Standardbred Breeders Fund |
| 20 | | shall be conducted in
accordance with the rules of the United |
| 21 | | States Trotting Association unless
otherwise modified by the |
| 22 | | Department of Agriculture.
|
| 23 | | (m) At all standardbred race meetings held or conducted |
| 24 | | under authority of a
license granted by the Board, and at all |
| 25 | | standardbred races held at county
fairs which are approved by |
| 26 | | the Department of Agriculture or at the
Illinois or DuQuoin |
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| 1 | | State Fairs, no one shall jog, train, warm up or drive
a |
| 2 | | standardbred horse unless he or she is wearing a protective |
| 3 | | safety helmet,
with the
chin strap fastened and in place, |
| 4 | | which meets the standards and
requirements as set forth in the |
| 5 | | 1984 Standard for Protective Headgear for
Use in Harness |
| 6 | | Racing and Other Equestrian Sports published by the Snell
|
| 7 | | Memorial Foundation, or any standards and requirements for |
| 8 | | headgear the
Illinois Racing Board may approve. Any other |
| 9 | | standards and requirements so
approved by the Board shall |
| 10 | | equal or exceed those published by the Snell
Memorial |
| 11 | | Foundation. Any equestrian helmet bearing the Snell label |
| 12 | | shall
be deemed to have met those standards and requirements.
|
| 13 | | (Source: P.A. 101-31, eff. 6-28-19; 101-157, eff. 7-26-19; |
| 14 | | 102-558, eff. 8-20-21; 102-689, eff. 12-17-21.)
|
| 15 | | Section 5-125. The Illinois Public Aid Code is amended by |
| 16 | | changing Section 12-10.7a as follows:
|
| 17 | | (305 ILCS 5/12-10.7a)
|
| 18 | | Sec. 12-10.7a. The Money Follows the Person Budget |
| 19 | | Transfer Fund is hereby created as a special fund in the State |
| 20 | | treasury. |
| 21 | | (a) Notwithstanding any State law to the contrary, the |
| 22 | | following moneys shall be deposited into the Fund: |
| 23 | | (1) enhanced federal financial participation funds |
| 24 | | related to any spending under a Money Follows the Person |
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| 1 | | demonstration project or initiative, as approved by the |
| 2 | | federal Centers for Medicare and Medicaid Services on May |
| 3 | | 14, 2007, and as codified at 20 ILCS 2407/51 et seq., |
| 4 | | regardless of whether such spending occurred from the |
| 5 | | Money Follows the Person Budget Transfer Fund; |
| 6 | | (2) federal financial participation funds related to |
| 7 | | any spending under a Money Follows the Person |
| 8 | | demonstration project or initiative, as approved by the |
| 9 | | federal Centers for Medicare and Medicaid Services on May |
| 10 | | 14, 2007, and as codified at 20 ILCS 2407/51 et seq., that |
| 11 | | occurred from the Money Follows the Person Budget Transfer |
| 12 | | Fund; |
| 13 | | (2.5) other federal funds awarded for a Money Follows
|
| 14 | | the Person demonstration project or initiative, as |
| 15 | | approved by the federal Centers for Medicare and Medicaid |
| 16 | | Services and codified at 20 ILCS 2407/51 et seq.; |
| 17 | | (3) deposits made via the voucher-warrant process from |
| 18 | | institutional long-term care appropriations to the |
| 19 | | Department of Healthcare and Family Services and |
| 20 | | institutional developmentally disabled long-term care |
| 21 | | appropriations to the Department of Human Services; |
| 22 | | (4) deposits made via the voucher-warrant process from |
| 23 | | appropriation lines used to fund community-based services |
| 24 | | for individuals eligible for nursing facility level of |
| 25 | | care to the Department of Human Services, the Department |
| 26 | | on Aging, or the Department of Healthcare and Family |
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| 1 | | Services; |
| 2 | | (5) interest earned on moneys in the Fund; and |
| 3 | | (6) all other moneys received by the Fund from any |
| 4 | | source. |
| 5 | | (b) Subject to appropriation, moneys in the Fund may be |
| 6 | | used by the Department of Healthcare and Family Services for |
| 7 | | reimbursement or payment for: |
| 8 | | (1) expenses related to rebalancing long-term care |
| 9 | | services between institutional and community-based |
| 10 | | settings as authorized under a Money Follows the Person |
| 11 | | demonstration project or initiative, as approved by the |
| 12 | | federal Centers for Medicare and Medicaid Services on May |
| 13 | | 14, 2007, and as codified at 20 ILCS 2407/51 et seq., |
| 14 | | including, but not limited to, reimbursement to other |
| 15 | | entities of State government for related expenditures; |
| 16 | | (2) expenses for community-based services for |
| 17 | | individuals eligible for nursing facility level of care in |
| 18 | | the Department of Human Services, the Department on Aging, |
| 19 | | or the Department of Healthcare and Family Services to the |
| 20 | | extent the expenses reimbursed or paid are in excess of |
| 21 | | the amounts budgeted to those Departments each fiscal year |
| 22 | | for persons transitioning out of institutional long-term |
| 23 | | care settings under a Money Follows the Person |
| 24 | | demonstration project or initiative, as approved by the |
| 25 | | federal Centers for Medicare and Medicaid Services on May |
| 26 | | 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; |
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| 1 | | (3) expenses for institutional long-term care services |
| 2 | | at the Department of Healthcare and Family Services to the |
| 3 | | extent that the expenses reimbursed or paid are for |
| 4 | | services in excess of the amount budgeted to the |
| 5 | | Department each fiscal year for persons who had or |
| 6 | | otherwise were expected to transition out of institutional |
| 7 | | long-term care settings under a Money Follows the Person |
| 8 | | demonstration project or initiative, as approved by the |
| 9 | | federal Centers for Medicare and Medicaid Services on May |
| 10 | | 14, 2007, and as codified at 20 ILCS 2407/51 et seq.; and |
| 11 | | (4) expenses, including operational, administrative, |
| 12 | | and refund expenses, necessary to implement and operate a |
| 13 | | Money Follows the Person demonstration project or |
| 14 | | initiative, as approved by the federal Centers for |
| 15 | | Medicare and Medicaid Services on May 14, 2007, and as |
| 16 | | codified at 20 ILCS 2407/51 et seq. |
| 17 | | Expenses reimbursed or paid on behalf of other agencies by |
| 18 | | the Department of Healthcare and Family Services under this |
| 19 | | subsection shall be pursuant to an interagency agreement and |
| 20 | | allowable under a Money Follows the Person demonstration |
| 21 | | project or initiative, as approved by the federal Centers for |
| 22 | | Medicare and Medicaid Services on May 14, 2007, and as |
| 23 | | codified at 20 ILCS 2407/51 et seq.
|
| 24 | | (Source: P.A. 95-744, eff. 7-18-08.)
|
| 25 | | Section 5-127. The Early Mental Health and Addictions |
|
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| 1 | | Treatment Act is amended by adding Section 15 as follows:
|
| 2 | | (305 ILCS 65/15 new) |
| 3 | | Sec. 15. Availability of naloxone formulations. The |
| 4 | | Department of Human Services shall, as part of the fiscal year |
| 5 | | 2024 Drug Overdose Prevention Program, make all FDA-approved |
| 6 | | formulations of naloxone that are cleared through the |
| 7 | | Minnesota Multistate Contracting Alliance for Pharmacy, and |
| 8 | | for which the manufacturer can set up a system for receiving, |
| 9 | | tracking, and distribution, available to eligible Drug |
| 10 | | Overdose Prevention Program participants and applicants.
|
| 11 | | Section 5-130. The Cannabis Regulation and Tax Act is |
| 12 | | amended by changing Section 7-10 as follows:
|
| 13 | | (410 ILCS 705/7-10)
|
| 14 | | Sec. 7-10. Cannabis Business Development Fund. |
| 15 | | (a) There is created in the State treasury a special fund, |
| 16 | | which shall be held separate and apart from all other State |
| 17 | | moneys, to be known as the Cannabis Business Development Fund. |
| 18 | | The Cannabis Business Development Fund shall be exclusively |
| 19 | | used for the following purposes: |
| 20 | | (1) to provide low-interest rate loans to Qualified |
| 21 | | Social Equity Applicants to pay for ordinary and necessary |
| 22 | | expenses to start and operate a cannabis business |
| 23 | | establishment permitted by this Act; |
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| 1 | | (2) to provide grants to Qualified Social Equity |
| 2 | | Applicants to pay for ordinary and necessary expenses to |
| 3 | | start and operate a cannabis business establishment |
| 4 | | permitted by this Act; |
| 5 | | (3) to compensate the Department of Commerce and |
| 6 | | Economic Opportunity for any costs related to the |
| 7 | | provision of low-interest loans and grants to Qualified |
| 8 | | Social Equity Applicants; |
| 9 | | (4) to pay for outreach that may be provided or |
| 10 | | targeted to attract and support Social Equity Applicants |
| 11 | | and Qualified Social Equity Applicants; |
| 12 | | (5) (blank); |
| 13 | | (6) to conduct any study or research concerning the |
| 14 | | participation of minorities, women, veterans, or people |
| 15 | | with disabilities in the cannabis industry, including, |
| 16 | | without limitation, barriers to such individuals entering |
| 17 | | the industry as equity owners of cannabis business |
| 18 | | establishments; |
| 19 | | (7) (blank); and |
| 20 | | (8) to assist with job training and technical |
| 21 | | assistance for residents in Disproportionately Impacted |
| 22 | | Areas. |
| 23 | | (b) All moneys collected under Sections 15-15 and 15-20 |
| 24 | | for Early Approval Adult Use Dispensing Organization Licenses |
| 25 | | issued before January 1, 2021 and remunerations made as a |
| 26 | | result of transfers of permits awarded to Qualified Social |
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| 1 | | Equity Applicants shall be deposited into the Cannabis |
| 2 | | Business Development Fund. |
| 3 | | (c) (Blank). As soon as practical after July 1, 2019, the |
| 4 | | Comptroller shall order and the Treasurer shall transfer |
| 5 | | $12,000,000 from the Compassionate Use of Medical Cannabis |
| 6 | | Fund to the Cannabis Business Development Fund. |
| 7 | | (c-5) In addition to any other transfers that may be |
| 8 | | provided for by law, on July 1, 2023, or as soon thereafter as |
| 9 | | practical, the State Comptroller shall direct and the State |
| 10 | | Treasurer shall transfer the sum of $40,000,000 from the |
| 11 | | Compassionate Use of Medical Cannabis Fund to the Cannabis |
| 12 | | Business Development Fund. |
| 13 | | (d) Notwithstanding any other law to the contrary, the |
| 14 | | Cannabis Business Development Fund is not subject to sweeps, |
| 15 | | administrative charge-backs, or any other fiscal or budgetary |
| 16 | | maneuver that would in any way transfer any amounts from the |
| 17 | | Cannabis Business Development Fund into any other fund of the |
| 18 | | State.
|
| 19 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
|
| 20 | | Section 5-135. The Environmental Protection Act is amended |
| 21 | | by changing Sections 22.15 and 57.11 as follows:
|
| 22 | | (415 ILCS 5/22.15)
|
| 23 | | Sec. 22.15. Solid Waste Management Fund; fees.
|
| 24 | | (a) There is hereby created within the State Treasury a
|
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| 1 | | special fund to be known as the Solid Waste Management Fund, to |
| 2 | | be
constituted from the fees collected by the State pursuant |
| 3 | | to this Section,
from repayments of loans made from the Fund |
| 4 | | for solid waste projects, from registration fees collected |
| 5 | | pursuant to the Consumer Electronics Recycling Act, and from |
| 6 | | amounts transferred into the Fund pursuant to Public Act |
| 7 | | 100-433.
Moneys received by either the Agency or the |
| 8 | | Department of Commerce and Economic Opportunity
in repayment |
| 9 | | of loans made pursuant to the Illinois Solid Waste Management
|
| 10 | | Act shall be deposited into the General Revenue Fund.
|
| 11 | | (b) The Agency shall assess and collect a
fee in the amount |
| 12 | | set forth herein from the owner or operator of each sanitary
|
| 13 | | landfill permitted or required to be permitted by the Agency |
| 14 | | to dispose of
solid waste if the sanitary landfill is located |
| 15 | | off the site where such waste
was produced and if such sanitary |
| 16 | | landfill is owned, controlled, and operated
by a person other |
| 17 | | than the generator of such waste. The Agency shall deposit
all |
| 18 | | fees collected into the Solid Waste Management Fund. If a site |
| 19 | | is
contiguous to one or more landfills owned or operated by the |
| 20 | | same person, the
volumes permanently disposed of by each |
| 21 | | landfill shall be combined for purposes
of determining the fee |
| 22 | | under this subsection. Beginning on July 1, 2018, and on the |
| 23 | | first day of each month thereafter during fiscal years 2019 |
| 24 | | through 2024 2023, the State Comptroller shall direct and |
| 25 | | State Treasurer shall transfer an amount equal to 1/12 of |
| 26 | | $5,000,000 per fiscal year from the Solid Waste Management |
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| 1 | | Fund to the General Revenue Fund.
|
| 2 | | (1) If more than 150,000 cubic yards of non-hazardous |
| 3 | | solid waste is
permanently disposed of at a site in a |
| 4 | | calendar year, the owner or operator
shall either pay a |
| 5 | | fee of 95 cents per cubic yard or,
alternatively, the |
| 6 | | owner or operator may weigh the quantity of the solid |
| 7 | | waste
permanently disposed of with a device for which |
| 8 | | certification has been obtained
under the Weights and |
| 9 | | Measures Act and pay a fee of $2.00 per
ton of solid waste |
| 10 | | permanently disposed of. In no case shall the fee |
| 11 | | collected
or paid by the owner or operator under this |
| 12 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
| 13 | | (2) If more than 100,000 cubic yards but not more than |
| 14 | | 150,000 cubic
yards of non-hazardous waste is permanently |
| 15 | | disposed of at a site in a calendar
year, the owner or |
| 16 | | operator shall pay a fee of $52,630.
|
| 17 | | (3) If more than 50,000 cubic yards but not more than |
| 18 | | 100,000 cubic
yards of non-hazardous solid waste is |
| 19 | | permanently disposed of at a site
in a calendar year, the |
| 20 | | owner or operator shall pay a fee of $23,790.
|
| 21 | | (4) If more than 10,000 cubic yards but not more than |
| 22 | | 50,000 cubic
yards of non-hazardous solid waste is |
| 23 | | permanently disposed of at a site
in a calendar year, the |
| 24 | | owner or operator shall pay a fee of $7,260.
|
| 25 | | (5) If not more than 10,000 cubic yards of |
| 26 | | non-hazardous solid waste is
permanently disposed of at a |
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| 1 | | site in a calendar year, the owner or operator
shall pay a |
| 2 | | fee of $1050.
|
| 3 | | (c) (Blank).
|
| 4 | | (d) The Agency shall establish rules relating to the |
| 5 | | collection of the
fees authorized by this Section. Such rules |
| 6 | | shall include, but not be
limited to:
|
| 7 | | (1) necessary records identifying the quantities of |
| 8 | | solid waste received
or disposed;
|
| 9 | | (2) the form and submission of reports to accompany |
| 10 | | the payment of fees
to the Agency;
|
| 11 | | (3) the time and manner of payment of fees to the |
| 12 | | Agency, which payments
shall not be more often than |
| 13 | | quarterly; and
|
| 14 | | (4) procedures setting forth criteria establishing |
| 15 | | when an owner or
operator may measure by weight or volume |
| 16 | | during any given quarter or other
fee payment period.
|
| 17 | | (e) Pursuant to appropriation, all monies in the Solid |
| 18 | | Waste Management
Fund shall be used by the Agency for the |
| 19 | | purposes set forth in this Section and in the Illinois
Solid |
| 20 | | Waste Management Act, including for the costs of fee |
| 21 | | collection and
administration, and for the administration of |
| 22 | | the Consumer Electronics Recycling Act and the Drug Take-Back |
| 23 | | Act.
|
| 24 | | (f) The Agency is authorized to enter into such agreements |
| 25 | | and to
promulgate such rules as are necessary to carry out its |
| 26 | | duties under this
Section and the Illinois Solid Waste |
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| 1 | | Management Act.
|
| 2 | | (g) On the first day of January, April, July, and October |
| 3 | | of each year,
beginning on July 1, 1996, the State Comptroller |
| 4 | | and Treasurer shall
transfer $500,000 from the Solid Waste |
| 5 | | Management Fund to the Hazardous Waste
Fund. Moneys |
| 6 | | transferred under this subsection (g) shall be used only for |
| 7 | | the
purposes set forth in item (1) of subsection (d) of Section |
| 8 | | 22.2.
|
| 9 | | (h) The Agency is authorized to provide financial |
| 10 | | assistance to units of
local government for the performance of |
| 11 | | inspecting, investigating, and
enforcement activities pursuant |
| 12 | | to subsection (r) of Section 4 Section 4(r) at nonhazardous |
| 13 | | solid
waste disposal sites.
|
| 14 | | (i) The Agency is authorized to conduct household waste |
| 15 | | collection and
disposal programs.
|
| 16 | | (j) A unit of local government, as defined in the Local |
| 17 | | Solid Waste Disposal
Act, in which a solid waste disposal |
| 18 | | facility is located may establish a fee,
tax, or surcharge |
| 19 | | with regard to the permanent disposal of solid waste.
All |
| 20 | | fees, taxes, and surcharges collected under this subsection |
| 21 | | shall be
utilized for solid waste management purposes, |
| 22 | | including long-term monitoring
and maintenance of landfills, |
| 23 | | planning, implementation, inspection, enforcement
and other |
| 24 | | activities consistent with the Solid Waste Management Act and |
| 25 | | the
Local Solid Waste Disposal Act, or for any other |
| 26 | | environment-related purpose,
including, but not limited to, an |
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| 1 | | environment-related public works project, but
not for the |
| 2 | | construction of a new pollution control facility other than a
|
| 3 | | household hazardous waste facility. However, the total fee, |
| 4 | | tax or surcharge
imposed by all units of local government |
| 5 | | under this subsection (j) upon the
solid waste disposal |
| 6 | | facility shall not exceed:
|
| 7 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
| 8 | | yards of non-hazardous
solid waste is permanently disposed |
| 9 | | of at the site in a calendar year, unless
the owner or |
| 10 | | operator weighs the quantity of the solid waste received |
| 11 | | with a
device for which certification has been obtained |
| 12 | | under the Weights and Measures
Act, in which case the fee |
| 13 | | shall not exceed $1.27 per ton of solid waste
permanently |
| 14 | | disposed of.
|
| 15 | | (2) $33,350 if more than 100,000
cubic yards, but not |
| 16 | | more than 150,000 cubic yards, of non-hazardous waste
is |
| 17 | | permanently disposed of at the site in a calendar year.
|
| 18 | | (3) $15,500 if more than 50,000 cubic
yards, but not |
| 19 | | more than 100,000 cubic yards, of non-hazardous solid |
| 20 | | waste is
permanently disposed of at the site in a calendar |
| 21 | | year.
|
| 22 | | (4) $4,650 if more than 10,000 cubic
yards, but not |
| 23 | | more than 50,000 cubic yards, of non-hazardous solid waste
|
| 24 | | is permanently disposed of at the site in a calendar year.
|
| 25 | | (5) $650 if not more than 10,000 cubic
yards of |
| 26 | | non-hazardous solid waste is permanently disposed of at |
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| 1 | | the site in
a calendar year.
|
| 2 | | The corporate authorities of the unit of local government
|
| 3 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
| 4 | | highway
commissioner whose road district lies wholly or |
| 5 | | partially within the
corporate limits of the unit of local |
| 6 | | government for expenses incurred in
the removal of |
| 7 | | nonhazardous, nonfluid municipal waste that has been dumped
on |
| 8 | | public property in violation of a State law or local |
| 9 | | ordinance.
|
| 10 | | For the disposal of solid waste from general construction
|
| 11 | | or demolition debris recovery facilities as defined in |
| 12 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
| 13 | | surcharge imposed by
all units of local government under this |
| 14 | | subsection (j) upon
the solid waste disposal facility shall |
| 15 | | not exceed 50% of the
applicable amount set forth above. A unit |
| 16 | | of local government,
as defined in the Local Solid Waste |
| 17 | | Disposal Act, in which a
general construction or demolition |
| 18 | | debris recovery facility is
located may establish a fee, tax, |
| 19 | | or surcharge on the general construction or demolition debris |
| 20 | | recovery facility with
regard to the permanent disposal of |
| 21 | | solid waste by the
general construction or demolition debris |
| 22 | | recovery facility at
a solid waste disposal facility, provided |
| 23 | | that such fee, tax,
or surcharge shall not exceed 50% of the |
| 24 | | applicable amount set
forth above, based on the total amount |
| 25 | | of solid waste transported from the general construction or |
| 26 | | demolition debris recovery facility for disposal at solid |
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| 1 | | waste disposal facilities, and the unit of local government |
| 2 | | and fee shall be
subject to all other requirements of this |
| 3 | | subsection (j). |
| 4 | | A county or Municipal Joint Action Agency that imposes a |
| 5 | | fee, tax, or
surcharge under this subsection may use the |
| 6 | | proceeds thereof to reimburse a
municipality that lies wholly |
| 7 | | or partially within its boundaries for expenses
incurred in |
| 8 | | the removal of nonhazardous, nonfluid municipal waste that has |
| 9 | | been
dumped on public property in violation of a State law or |
| 10 | | local ordinance.
|
| 11 | | If the fees are to be used to conduct a local sanitary |
| 12 | | landfill
inspection or enforcement program, the unit of local |
| 13 | | government must enter
into a written delegation agreement with |
| 14 | | the Agency pursuant to subsection
(r) of Section 4. The unit of |
| 15 | | local government and the Agency shall enter
into such a |
| 16 | | written delegation agreement within 60 days after the
|
| 17 | | establishment of such fees. At least annually,
the Agency |
| 18 | | shall conduct an audit of the expenditures made by units of |
| 19 | | local
government from the funds granted by the Agency to the |
| 20 | | units of local
government for purposes of local sanitary |
| 21 | | landfill inspection and enforcement
programs, to ensure that |
| 22 | | the funds have been expended for the prescribed
purposes under |
| 23 | | the grant.
|
| 24 | | The fees, taxes or surcharges collected under this |
| 25 | | subsection (j) shall
be placed by the unit of local government |
| 26 | | in a separate fund, and the
interest received on the moneys in |
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| 1 | | the fund shall be credited to the fund. The
monies in the fund |
| 2 | | may be accumulated over a period of years to be
expended in |
| 3 | | accordance with this subsection.
|
| 4 | | A unit of local government, as defined in the Local Solid |
| 5 | | Waste Disposal
Act, shall prepare and post on its website, in |
| 6 | | April of each year, a
report that details spending plans for |
| 7 | | monies collected in accordance with
this subsection. The |
| 8 | | report will at a minimum include the following:
|
| 9 | | (1) The total monies collected pursuant to this |
| 10 | | subsection.
|
| 11 | | (2) The most current balance of monies collected |
| 12 | | pursuant to this
subsection.
|
| 13 | | (3) An itemized accounting of all monies expended for |
| 14 | | the previous year
pursuant to this subsection.
|
| 15 | | (4) An estimation of monies to be collected for the |
| 16 | | following 3
years pursuant to this subsection.
|
| 17 | | (5) A narrative detailing the general direction and |
| 18 | | scope of future
expenditures for one, 2 and 3 years.
|
| 19 | | The exemptions granted under Sections 22.16 and 22.16a, |
| 20 | | and under
subsection (k) of this Section, shall be applicable |
| 21 | | to any fee,
tax or surcharge imposed under this subsection |
| 22 | | (j); except that the fee,
tax or surcharge authorized to be |
| 23 | | imposed under this subsection (j) may be
made applicable by a |
| 24 | | unit of local government to the permanent disposal of
solid |
| 25 | | waste after December 31, 1986, under any contract lawfully |
| 26 | | executed
before June 1, 1986 under which more than 150,000 |
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| 1 | | cubic yards (or 50,000 tons)
of solid waste is to be |
| 2 | | permanently disposed of, even though the waste is
exempt from |
| 3 | | the fee imposed by the State under subsection (b) of this |
| 4 | | Section
pursuant to an exemption granted under Section 22.16.
|
| 5 | | (k) In accordance with the findings and purposes of the |
| 6 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 |
| 7 | | the fee under subsection
(b) and the fee, tax or surcharge |
| 8 | | under subsection (j) shall not apply to:
|
| 9 | | (1) waste which is hazardous waste;
|
| 10 | | (2) waste which is pollution control waste;
|
| 11 | | (3) waste from recycling, reclamation or reuse |
| 12 | | processes which have been
approved by the Agency as being |
| 13 | | designed to remove any contaminant from
wastes so as to |
| 14 | | render such wastes reusable, provided that the process
|
| 15 | | renders at least 50% of the waste reusable; the exemption |
| 16 | | set forth in this paragraph (3) of this subsection (k) |
| 17 | | shall not apply to general construction or demolition |
| 18 | | debris recovery
facilities as defined in subsection (a-1) |
| 19 | | of Section 3.160;
|
| 20 | | (4) non-hazardous solid waste that is received at a |
| 21 | | sanitary landfill
and composted or recycled through a |
| 22 | | process permitted by the Agency; or
|
| 23 | | (5) any landfill which is permitted by the Agency to |
| 24 | | receive only
demolition or construction debris or |
| 25 | | landscape waste.
|
| 26 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
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| 1 | | 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. |
| 2 | | 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; |
| 3 | | 102-1055, eff. 6-10-22; revised 8-25-22.)
|
| 4 | | (415 ILCS 5/57.11) |
| 5 | | Sec. 57.11. Underground Storage Tank Fund; creation. |
| 6 | | (a) There is hereby created in the State Treasury a |
| 7 | | special fund
to be known as the Underground Storage Tank Fund. |
| 8 | | There shall be deposited
into the Underground Storage Tank |
| 9 | | Fund all moneys received by the Office of the
State Fire |
| 10 | | Marshal as fees for underground storage tanks under Sections 4 |
| 11 | | and 5
of the Gasoline Storage Act, fees pursuant to the Motor |
| 12 | | Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
| 13 | | the Use Tax Act, the Service Use Tax Act, the Service |
| 14 | | Occupation Tax Act, and the Retailers' Occupation Tax Act.
All |
| 15 | | amounts held in the Underground Storage Tank Fund shall be |
| 16 | | invested at
interest by the State Treasurer. All income earned |
| 17 | | from the investments shall
be deposited into the Underground |
| 18 | | Storage Tank Fund no less frequently than
quarterly. In |
| 19 | | addition to any other transfers that may be provided for by |
| 20 | | law, beginning on July 1, 2018 and on the first day of each |
| 21 | | month thereafter during fiscal years 2019 through 2024 2023 |
| 22 | | only, the State Comptroller shall direct and the State |
| 23 | | Treasurer shall transfer an amount equal to 1/12 of |
| 24 | | $10,000,000 from the Underground Storage Tank Fund to the |
| 25 | | General Revenue Fund. Moneys in the Underground Storage Tank |
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| 1 | | Fund, pursuant to
appropriation, may be used by the Agency and |
| 2 | | the Office of the State Fire
Marshal for the following |
| 3 | | purposes: |
| 4 | | (1) To take action authorized under Section 57.12 to |
| 5 | | recover costs under
Section 57.12. |
| 6 | | (2) To assist in the reduction and mitigation of |
| 7 | | damage caused by leaks
from underground storage tanks, |
| 8 | | including but not limited to, providing
alternative water |
| 9 | | supplies to persons whose drinking water has become
|
| 10 | | contaminated as a result of those leaks. |
| 11 | | (3) To be used as a matching amount towards federal |
| 12 | | assistance relative to
the release of petroleum from |
| 13 | | underground storage tanks. |
| 14 | | (4) For the costs of administering activities of the |
| 15 | | Agency and the Office
of the State Fire Marshal relative |
| 16 | | to the Underground Storage Tank Fund. |
| 17 | | (5) For payment of costs of corrective action incurred |
| 18 | | by and
indemnification to operators of underground storage |
| 19 | | tanks as provided in this
Title. |
| 20 | | (6) For a total of 2 demonstration projects in amounts |
| 21 | | in excess of a
$10,000 deductible charge designed to |
| 22 | | assess the viability of corrective action
projects at |
| 23 | | sites which have experienced contamination from petroleum |
| 24 | | releases.
Such demonstration projects shall be conducted |
| 25 | | in accordance with the provision
of this Title. |
| 26 | | (7) Subject to appropriation, moneys in the |
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| 1 | | Underground Storage Tank Fund
may also be used by the |
| 2 | | Department of Revenue for the costs of administering
its |
| 3 | | activities relative to the Fund and for refunds provided |
| 4 | | for in Section
13a.8 of the Motor Fuel Tax Law. |
| 5 | | (b) Moneys in the Underground Storage Tank Fund may, |
| 6 | | pursuant to
appropriation, be used by the Office of the State |
| 7 | | Fire Marshal or the Agency to
take whatever emergency action |
| 8 | | is necessary or appropriate to assure that the
public health |
| 9 | | or safety is not threatened whenever there is a release or
|
| 10 | | substantial threat of a release of petroleum from an |
| 11 | | underground storage tank
and for the costs of administering |
| 12 | | its activities relative to the Underground
Storage Tank Fund. |
| 13 | | (c) Beginning July 1, 1993, the Governor shall certify to |
| 14 | | the State
Comptroller and State Treasurer the monthly amount |
| 15 | | necessary to pay debt
service on State obligations issued |
| 16 | | pursuant to Section 6 of the General
Obligation Bond Act. On |
| 17 | | the last day of each month, the Comptroller shall order
|
| 18 | | transferred and the Treasurer shall transfer from the |
| 19 | | Underground Storage Tank
Fund to the General Obligation Bond |
| 20 | | Retirement and Interest Fund the amount
certified by the |
| 21 | | Governor, plus any cumulative deficiency in those transfers
|
| 22 | | for prior months. |
| 23 | | (d) Except as provided in subsection (c) of this Section, |
| 24 | | the Underground Storage Tank Fund is not subject to |
| 25 | | administrative charges authorized under Section 8h of the |
| 26 | | State Finance Act that would in any way transfer any funds from |
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| 1 | | the Underground Storage Tank Fund into any other fund of the |
| 2 | | State. |
| 3 | | (e) Each fiscal year, subject to appropriation, the Agency |
| 4 | | may commit up to $10,000,000 of the moneys in the Underground |
| 5 | | Storage Tank Fund to the payment of corrective action costs |
| 6 | | for legacy sites that meet one or more of the following |
| 7 | | criteria as a result of the underground storage tank release: |
| 8 | | (i) the presence of free product, (ii) contamination within a |
| 9 | | regulated recharge area, a wellhead protection area, or the |
| 10 | | setback zone of a potable water supply well, (iii) |
| 11 | | contamination extending beyond the boundaries of the site |
| 12 | | where the release occurred, or (iv) such other criteria as may |
| 13 | | be adopted in Agency rules. |
| 14 | | (1) Fund moneys committed under this subsection (e) |
| 15 | | shall be held in the Fund for payment of the corrective |
| 16 | | action costs for which the moneys were committed. |
| 17 | | (2) The Agency may adopt rules governing the |
| 18 | | commitment of Fund moneys under this subsection (e). |
| 19 | | (3) This subsection (e) does not limit the use of Fund |
| 20 | | moneys at legacy sites as otherwise provided under this |
| 21 | | Title. |
| 22 | | (4) For the purposes of this subsection (e), the term |
| 23 | | "legacy site" means a site for which (i) an underground |
| 24 | | storage tank release was reported prior to January 1, |
| 25 | | 2005, (ii) the owner or operator has been determined |
| 26 | | eligible to receive payment from the Fund for corrective |
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| 1 | | action costs, and (iii) the Agency did not receive any |
| 2 | | applications for payment prior to January 1, 2010. |
| 3 | | (f) Beginning July 1, 2013, if the amounts deposited into |
| 4 | | the Fund from moneys received by the Office of the State Fire |
| 5 | | Marshal as fees for underground storage tanks under Sections 4 |
| 6 | | and 5 of the Gasoline Storage Act and as fees pursuant to the |
| 7 | | Motor Fuel Tax Law during a State fiscal year are sufficient to |
| 8 | | pay all claims for payment by the fund received during that |
| 9 | | State fiscal year, then the amount of any payments into the |
| 10 | | fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
| 11 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
| 12 | | Act during that State fiscal year shall be deposited as |
| 13 | | follows: 75% thereof shall be paid into the State treasury and |
| 14 | | 25% shall be reserved in a special account and used only for |
| 15 | | the transfer to the Common School Fund as part of the monthly |
| 16 | | transfer from the General Revenue Fund in accordance with |
| 17 | | Section 8a of the State Finance Act. |
| 18 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 19 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 20 | | Section 5-140. The Electric Vehicle Rebate Act is amended |
| 21 | | by changing Section 40 as follows:
|
| 22 | | (415 ILCS 120/40)
|
| 23 | | Sec. 40. Appropriations from the Electric Vehicle Rebate |
| 24 | | Fund.
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| 1 | | (a) User Fees Funds. The Agency shall estimate the amount |
| 2 | | of user fees
expected to be collected under Section 35 of this |
| 3 | | Act for each fiscal
year. User fee funds shall be
deposited |
| 4 | | into and distributed from the Electric Vehicle Rebate |
| 5 | | Alternate Fuels Fund in the following
manner:
|
| 6 | | (1) Through fiscal year 2023, In each of fiscal years |
| 7 | | 1999, 2000, 2001, 2002, and 2003,
an amount not to exceed |
| 8 | | $200,000, and beginning in fiscal year 2004 an
annual |
| 9 | | amount not to exceed $225,000, may be appropriated to the |
| 10 | | Agency
from the Electric Vehicle Rebate Alternate Fuels |
| 11 | | Fund to pay its costs of administering the programs
|
| 12 | | authorized by Section 27 of this Act. Beginning in fiscal |
| 13 | | year 2024 and in each fiscal year thereafter, an annual |
| 14 | | amount not to exceed $600,000 may be appropriated to the |
| 15 | | Agency from the Electric Vehicle Rebate Fund to pay its |
| 16 | | costs of administering the programs authorized by Section |
| 17 | | 27 of this Act. An Up to $200,000 may be appropriated to
|
| 18 | | the Office of the Secretary of State in each of fiscal |
| 19 | | years 1999, 2000, 2001, 2002, and 2003 from the Alternate |
| 20 | | Fuels Fund to pay the Secretary
of State's costs of |
| 21 | | administering the programs authorized under this Act.
|
| 22 | | Beginning in fiscal year 2004 and in each fiscal year |
| 23 | | thereafter, an amount
not to exceed $225,000 may be |
| 24 | | appropriated to the Secretary of State from the Electric |
| 25 | | Vehicle Rebate
Alternate Fuels Fund to pay the Secretary |
| 26 | | of State's costs of administering the
programs authorized |
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| 1 | | under this Act.
|
| 2 | | (2) In fiscal year 2022 and each fiscal year |
| 3 | | thereafter, after appropriation of
the amounts authorized |
| 4 | | by item (1) of subsection (a) of this Section, the
|
| 5 | | remaining moneys estimated to be
collected during each |
| 6 | | fiscal year shall be appropriated.
|
| 7 | | (3) (Blank).
|
| 8 | | (4) Moneys appropriated to fund the programs |
| 9 | | authorized
in Sections 25 and 30 shall be expended only |
| 10 | | after they have been
collected and deposited into the |
| 11 | | Electric Vehicle Rebate Alternate Fuels Fund.
|
| 12 | | (b) General Revenue Fund Appropriations. General Revenue |
| 13 | | Fund amounts
appropriated to and deposited into the Electric |
| 14 | | Vehicle Rebate Fund shall be
distributed from the Electric |
| 15 | | Vehicle Rebate Fund to fund the program authorized in Section |
| 16 | | 27.
|
| 17 | | (Source: P.A. 102-662, eff. 9-15-21.)
|
| 18 | | Section 5-145. The Fire Investigation Act is amended by |
| 19 | | changing Section 13.1 as follows:
|
| 20 | | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
|
| 21 | | Sec. 13.1. Fire Prevention Fund. |
| 22 | | (a) There shall be a special fund in the State Treasury
|
| 23 | | known as the Fire Prevention Fund.
|
| 24 | | (b) The following moneys shall be deposited into the Fund:
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| 1 | | (1) Moneys received by the Department of Insurance |
| 2 | | under Section 12 of this Act.
|
| 3 | | (2) All fees and reimbursements received by the |
| 4 | | Office.
|
| 5 | | (3) All receipts from boiler and pressure vessel |
| 6 | | certification, as
provided in Section 13 of the Boiler and |
| 7 | | Pressure Vessel Safety Act.
|
| 8 | | (4) Such other moneys as may be provided by law.
|
| 9 | | (c) The moneys in the Fire Prevention Fund shall be used, |
| 10 | | subject to
appropriation, for the following purposes:
|
| 11 | | (1) Of the moneys deposited into the fund under |
| 12 | | Section 12 of this Act,
12.5% shall be available for the |
| 13 | | maintenance of the Illinois Fire Service
Institute and the |
| 14 | | expenses, facilities, and structures incident thereto,
and |
| 15 | | for making transfers into the General Obligation Bond |
| 16 | | Retirement and
Interest Fund for debt service requirements |
| 17 | | on bonds issued by the State of
Illinois after January 1, |
| 18 | | 1986 for the purpose of constructing a training
facility |
| 19 | | for use by the Institute. An additional 2.5% of the moneys |
| 20 | | deposited into the Fire Prevention Fund shall be available |
| 21 | | to the Illinois Fire Service Institute for support of the |
| 22 | | Cornerstone Training Program.
|
| 23 | | (2) Of the moneys deposited into the Fund under |
| 24 | | Section 12 of this Act,
10% shall be available for the |
| 25 | | maintenance of the Chicago Fire Department
Training |
| 26 | | Program and the expenses, facilities, and structures |
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| 1 | | incident
thereto, in addition to any moneys payable from |
| 2 | | the Fund to the City of
Chicago pursuant to the Illinois |
| 3 | | Fire Protection Training Act.
|
| 4 | | (3) For making payments to local governmental agencies |
| 5 | | and individuals
pursuant to Section 10 of the Illinois |
| 6 | | Fire Protection Training Act.
|
| 7 | | (4) For the maintenance and operation of the Office of |
| 8 | | the State Fire
Marshal, and the expenses incident thereto.
|
| 9 | | (4.5) For the maintenance, operation, and capital |
| 10 | | expenses of the Mutual Aid Box Alarm System (MABAS). |
| 11 | | (4.6) For grants awarded by the Small Fire-fighting |
| 12 | | and Ambulance Service Equipment Grant Program established |
| 13 | | by Section 2.7 of the State Fire Marshal Act. |
| 14 | | (4.7) For grants awarded under the Fire Station
|
| 15 | | Rehabilitation and Construction Grant Program established |
| 16 | | by Section 2.8 of the State Fire Marshal Act. |
| 17 | | (5) For any other purpose authorized by law.
|
| 18 | | (c-5) As soon as possible after April 8, 2008 (the |
| 19 | | effective date of Public Act 95-717), the Comptroller shall |
| 20 | | order the transfer and the Treasurer shall transfer $2,000,000 |
| 21 | | from the Fire Prevention Fund to the Fire Service and Small |
| 22 | | Equipment Fund, $9,000,000 from the Fire Prevention Fund to |
| 23 | | the Fire Truck Revolving Loan Fund, and $4,000,000 from the |
| 24 | | Fire Prevention Fund to the Ambulance Revolving Loan Fund. |
| 25 | | Beginning on July 1, 2008, each month, or as soon as practical |
| 26 | | thereafter, an amount equal to $2 from each fine received |
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| 1 | | shall be transferred from the Fire Prevention Fund to the Fire |
| 2 | | Service and Small Equipment Fund, an amount equal to $1.50 |
| 3 | | from each fine received shall be transferred from the Fire |
| 4 | | Prevention Fund to the Fire Truck Revolving Loan Fund, and an |
| 5 | | amount equal to $4 from each fine received shall be |
| 6 | | transferred from the Fire Prevention Fund to the Ambulance |
| 7 | | Revolving Loan Fund. These moneys shall be transferred from |
| 8 | | the moneys deposited into the Fire Prevention Fund pursuant to |
| 9 | | Public Act 95-154, together with not more than 25% of any |
| 10 | | unspent appropriations from the prior fiscal year. These |
| 11 | | moneys may be allocated to the Fire Truck Revolving Loan Fund, |
| 12 | | Ambulance Revolving Loan Fund, and Fire Service and Small |
| 13 | | Equipment Fund at the discretion of the Office for the purpose |
| 14 | | of implementation of this Act.
|
| 15 | | (d) Any portion of the Fire Prevention Fund remaining |
| 16 | | unexpended at the
end of any fiscal year which is not needed |
| 17 | | for the maintenance and expenses of the
Office or the |
| 18 | | maintenance and expenses of the
Illinois Fire Service |
| 19 | | Institute shall remain in the Fire Prevention Fund for the |
| 20 | | exclusive and restricted uses provided in subsections
(c) and |
| 21 | | (c-5) of this Section.
|
| 22 | | (e) The Office shall keep on file an itemized
statement of |
| 23 | | all expenses incurred which are payable from the Fund, other
|
| 24 | | than expenses incurred by the Illinois Fire Service Institute, |
| 25 | | and shall
approve all vouchers issued therefor before they are |
| 26 | | submitted to the State
Comptroller for payment. Such vouchers |
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| 1 | | shall be allowed and paid in the
same manner as other claims |
| 2 | | against the State.
|
| 3 | | (Source: P.A. 101-82, eff. 1-1-20; 102-558, eff. 8-20-21.)
|
| 4 | | Section 5-150. The Open Space Lands Acquisition and |
| 5 | | Development Act is amended by changing Section 3 as follows:
|
| 6 | | (525 ILCS 35/3) (from Ch. 85, par. 2103)
|
| 7 | | Sec. 3. From appropriations made from the Capital |
| 8 | | Development Fund,
Build Illinois Bond Fund or other
available |
| 9 | | or designated funds for such
purposes, the Department shall |
| 10 | | make grants to local governments as
financial assistance for |
| 11 | | the capital
development and improvement of park, recreation or |
| 12 | | conservation
areas, marinas and shorelines, including planning |
| 13 | | and engineering costs, and for the
acquisition of open space |
| 14 | | lands, including
acquisition of easements and other property |
| 15 | | interests less than fee simple
ownership if the Department |
| 16 | | determines that such property
interests are sufficient to |
| 17 | | carry out the purposes of this Act, subject to
the conditions |
| 18 | | and limitations set forth in this Act.
|
| 19 | | No more than 10% of the amount so appropriated for any |
| 20 | | fiscal year may
be committed or expended on any one project |
| 21 | | described in an application
under this Act.
|
| 22 | | Except for grants awarded from new appropriations in |
| 23 | | fiscal year 2023 and fiscal year 2024, any grant under this Act |
| 24 | | to a local government shall be conditioned upon
the state |
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| 1 | | providing assistance on a 50/50 matching basis for the |
| 2 | | acquisition
of open space lands and for capital development
|
| 3 | | and improvement proposals. However, a local government defined |
| 4 | | as "distressed" under criteria adopted by the Department |
| 5 | | through administrative rule shall be eligible for assistance |
| 6 | | up to 90% for the acquisition
of open space lands and for |
| 7 | | capital development
and improvement proposals, provided that |
| 8 | | no more than 10% of the amount appropriated under this Act in |
| 9 | | any fiscal year is made available as grants to distressed |
| 10 | | local governments. For grants awarded from new appropriations |
| 11 | | in fiscal year 2023 and fiscal year 2024 only, a local |
| 12 | | government defined as "distressed" is eligible for assistance |
| 13 | | up to 100% for the acquisition of open space lands and for |
| 14 | | capital development and improvement proposals. The Department |
| 15 | | may make more than 10% of the amount appropriated in fiscal |
| 16 | | year 2023 and fiscal year 2024 available as grants to |
| 17 | | distressed local governments.
|
| 18 | | An advance payment of a minimum of 50% of any grant made to |
| 19 | | a unit of local government under this Act must be paid to the |
| 20 | | unit of local government at the time the Department awards the |
| 21 | | grant. A unit of local government may opt out of the advanced |
| 22 | | payment option at the time of the award of the grant. The |
| 23 | | remainder of the grant shall be distributed to the local |
| 24 | | government quarterly on a reimbursement basis. The Department |
| 25 | | shall consider an applicant's request for an extension to a |
| 26 | | grant under this Act if (i) the advanced payment is expended or |
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| 1 | | legally obligated within the 2 years required by Section 5 of |
| 2 | | the Illinois Grant Funds Recovery Act or (ii) no advanced |
| 3 | | payment was made. |
| 4 | | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)
|
| 5 | | Section 5-153. The Illinois Highway Code is amended by |
| 6 | | changing Section 6-901 as follows:
|
| 7 | | (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
|
| 8 | | Sec. 6-901.
Annually, the General Assembly shall |
| 9 | | appropriate to the
Department of Transportation from the road |
| 10 | | fund, the general revenue
fund, any other State funds or a |
| 11 | | combination of those funds, $60,000,000 $15,000,000
for |
| 12 | | apportionment to counties for the use of road districts for |
| 13 | | the
construction of bridges 20 feet or more in length, as |
| 14 | | provided in
Sections 6-902 through 6-905.
|
| 15 | | The Department of Transportation shall apportion among the |
| 16 | | several
counties of this State for the use of road districts |
| 17 | | the amounts
appropriated under this Section. The amount |
| 18 | | apportioned to a county
shall be in the proportion which the |
| 19 | | total mileage of township or
district roads in the county |
| 20 | | bears to the total mileage of all township
and district roads |
| 21 | | in the State. Each county shall allocate to the
several road |
| 22 | | districts in the county the funds so apportioned to the
|
| 23 | | county. The allocation to road districts shall be made in the |
| 24 | | same
manner and be subject to the same conditions and |
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| 1 | | qualifications as are
provided by Section 8 of the "Motor Fuel |
| 2 | | Tax Law", approved March 25,
1929, as amended, with respect to |
| 3 | | the allocation to road districts of
the amount allotted from |
| 4 | | the Motor Fuel Tax Fund for apportionment to
counties for the |
| 5 | | use of road districts, but no allocation shall be made
to any |
| 6 | | road district that has not levied taxes for road and bridge
|
| 7 | | purposes and for bridge construction purposes at the maximum |
| 8 | | rates
permitted by Sections 6-501, 6-508 and 6-512 of this |
| 9 | | Act, without
referendum. "Road district" and "township or |
| 10 | | district road" have the
meanings ascribed to those terms in |
| 11 | | this Act.
|
| 12 | | Road districts in counties in which a property tax |
| 13 | | extension limitation is
imposed under the Property Tax |
| 14 | | Extension Limitation Law that are made
ineligible for receipt |
| 15 | | of this appropriation due to the imposition of a
property tax |
| 16 | | extension limitation may become eligible if, at the time the
|
| 17 | | property tax extension limitation was imposed, the road |
| 18 | | district was levying at
the required rate and continues to |
| 19 | | levy the maximum allowable amount
after the imposition of the |
| 20 | | property tax extension limitation. The road
district
also |
| 21 | | becomes
eligible if it levies at or above the rate required for |
| 22 | | eligibility by Section
8 of the
Motor Fuel Tax Law.
|
| 23 | | The amounts apportioned under this Section for allocation |
| 24 | | to road
districts may be used only for bridge construction as |
| 25 | | provided in this
Division. So much of those amounts as are not |
| 26 | | obligated under Sections
6-902 through 6-904 and for which |
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| 1 | | local funds have not been committed
under Section 6-905 within |
| 2 | | 48 months of the date
when such apportionment is
made lapses |
| 3 | | and shall not be paid to the county treasurer for
distribution |
| 4 | | to road districts.
|
| 5 | | (Source: P.A. 96-366, eff. 1-1-10.)
|
| 6 | | Section 5-155. The Illinois Vehicle Code is amended by |
| 7 | | changing Sections 3-626, 3-658, 3-667, and 3-692 as follows:
|
| 8 | | (625 ILCS 5/3-626)
|
| 9 | | Sec. 3-626. Korean War Veteran license plates.
|
| 10 | | (a) In addition to any other special license plate, the |
| 11 | | Secretary, upon
receipt of all applicable fees and |
| 12 | | applications made in the form prescribed by
the Secretary of |
| 13 | | State, may issue special registration plates designated as
|
| 14 | | Korean War Veteran license plates to
residents of Illinois who |
| 15 | | participated in the United States Armed Forces during
the |
| 16 | | Korean War. The special plate issued under this Section shall |
| 17 | | be affixed
only to passenger vehicles of the first division, |
| 18 | | motorcycles,
motor vehicles of the second
division weighing |
| 19 | | not more than 8,000 pounds, and recreational vehicles as
|
| 20 | | defined by Section 1-169 of this Code. Plates issued under |
| 21 | | this Section shall
expire according to the staggered |
| 22 | | multi-year procedure established by Section
3-414.1 of this |
| 23 | | Code.
|
| 24 | | (b) The design, color, and format of the plates shall be |
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| 1 | | wholly
within the discretion of the Secretary of State. The |
| 2 | | Secretary may, in his or
her discretion, allow the plates to be |
| 3 | | issued as vanity plates or personalized
in accordance with |
| 4 | | Section 3-405.1 of this Code. The plates are not required
to |
| 5 | | designate "Land Of Lincoln", as prescribed in subsection (b) |
| 6 | | of Section
3-412 of this Code. The Secretary shall prescribe |
| 7 | | the eligibility requirements
and, in his or her discretion, |
| 8 | | shall approve and prescribe stickers or decals
as provided |
| 9 | | under Section 3-412.
|
| 10 | | (c) (Blank).
|
| 11 | | (d) The Korean War Memorial Construction Fund is created |
| 12 | | as a special fund
in the State treasury. All moneys in the |
| 13 | | Korean War Memorial Construction Fund
shall, subject to |
| 14 | | appropriation, be used by the Department of Veterans' Affairs
|
| 15 | | to provide grants for construction of the Korean War Memorial |
| 16 | | to be located at
Oak Ridge Cemetery in Springfield, Illinois. |
| 17 | | Upon the completion of the
Memorial, the Department of |
| 18 | | Veterans' Affairs shall certify to the State
Treasurer that |
| 19 | | the construction of the Memorial has been completed. At the |
| 20 | | direction of and upon notification of the Secretary of State, |
| 21 | | the State Comptroller shall direct and Upon the
certification |
| 22 | | by the Department of Veterans' Affairs, the State Treasurer |
| 23 | | shall
transfer all moneys in the Fund and any future deposits |
| 24 | | into the Fund into the
Secretary of State Special License |
| 25 | | Plate
Fund. Upon completion of the transfer, the Korean War |
| 26 | | Memorial Construction Fund is dissolved.
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| 1 | | (e) An individual who has been issued Korean War Veteran |
| 2 | | license plates
for a vehicle
and who has been approved for |
| 3 | | benefits under the Senior Citizens and Persons with |
| 4 | | Disabilities Property Tax Relief Act shall pay
the original |
| 5 | | issuance and the regular annual fee for the registration of |
| 6 | | the
vehicle as provided in Section 3-806.3 of this Code.
|
| 7 | | (Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15; |
| 8 | | 99-642, eff. 7-28-16; 100-143, eff. 1-1-18.)
|
| 9 | | (625 ILCS 5/3-658)
|
| 10 | | Sec. 3-658. Professional Sports Teams license plates.
|
| 11 | | (a) The Secretary, upon receipt of an application made in |
| 12 | | the form
prescribed by the Secretary, may issue special |
| 13 | | registration plates designated
as Professional Sports Teams |
| 14 | | license plates. The special plates issued under
this Section
|
| 15 | | shall be affixed only to passenger vehicles of the first |
| 16 | | division, motorcycles, and motor
vehicles of the second |
| 17 | | division weighing not more than 8,000 pounds. Plates
issued |
| 18 | | under this Section shall expire according to the multi-year |
| 19 | | procedure
established by Section 3-414.1 of this Code.
|
| 20 | | (b) The design and color of the plates is wholly within the |
| 21 | | discretion of
the Secretary, except that the plates shall, |
| 22 | | subject to the permission of the
applicable team owner, |
| 23 | | display the logo of the Chicago Bears, the Chicago
Bulls, the |
| 24 | | Chicago Blackhawks, the Chicago Cubs, the
Chicago White Sox, |
| 25 | | the Chicago Sky, the Chicago Red Stars, the Chicago Fire, or |
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| 1 | | the St. Louis Cardinals, at the
applicant's option. The |
| 2 | | Secretary may allow the plates to be issued as vanity
or |
| 3 | | personalized plates under Section 3-405.1 of the Code. The |
| 4 | | Secretary shall
prescribe stickers or decals as provided under |
| 5 | | Section 3-412 of this Code.
|
| 6 | | (c) An applicant for the special plate shall be charged a |
| 7 | | $40 fee for
original issuance in addition to the appropriate |
| 8 | | registration fee. Until July 1, 2023, of Of this
fee, $25 shall |
| 9 | | be deposited into the Professional Sports Teams Education Fund
|
| 10 | | and $15 shall be deposited into the Secretary of State Special |
| 11 | | License Plate
Fund, to be used by the Secretary to help defray |
| 12 | | the administrative processing
costs. Beginning July 1, 2023, |
| 13 | | of this fee, $25 shall be deposited into the Common School Fund |
| 14 | | and $15 shall be deposited into the Secretary of State Special |
| 15 | | License Plate Fund, to be used by the Secretary to help defray |
| 16 | | the administrative processing costs.
|
| 17 | | For each registration renewal period, a $27 fee, in |
| 18 | | addition to the
appropriate registration fee, shall be |
| 19 | | charged. Until July 1, 2023, of Of this fee, $25 shall be
|
| 20 | | deposited into the Professional Sports Teams Education Fund |
| 21 | | and $2 shall be
deposited into the Secretary of State Special |
| 22 | | License Plate Fund. Beginning July 1, 2023, of this fee, $25 |
| 23 | | shall be deposited into the Common School Fund and $2 shall be |
| 24 | | deposited into the Secretary of State Special License Plate |
| 25 | | Fund.
|
| 26 | | (d) The Professional Sports Teams Education Fund is |
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| 1 | | created as a special
fund in the State treasury. Until July 1, |
| 2 | | 2023, the The Comptroller shall order transferred and the |
| 3 | | Treasurer shall transfer all moneys in the Professional Sports |
| 4 | | Teams Education Fund to the Common School Fund every 6 months.
|
| 5 | | (e) On July 1, 2023, or as soon thereafter as practical, |
| 6 | | the State Comptroller shall direct and the State Treasurer |
| 7 | | shall transfer the remaining balance from the Professional |
| 8 | | Sports Teams Education Fund into the Common School Fund. Upon |
| 9 | | completion of the transfer, the Professional Sports Teams |
| 10 | | Education Fund is dissolved, and any future deposits due to |
| 11 | | that Fund and any outstanding obligations or liabilities of |
| 12 | | that Fund shall pass to the Common School Fund. |
| 13 | | (Source: P.A. 102-1099, eff. 1-1-23.)
|
| 14 | | (625 ILCS 5/3-667)
|
| 15 | | Sec. 3-667. Korean Service license plates. |
| 16 | | (a) In addition to any other special license plate, the |
| 17 | | Secretary, upon
receipt of all applicable fees and |
| 18 | | applications made in the form prescribed by
the Secretary of |
| 19 | | State, may issue special registration plates designated as
|
| 20 | | Korean Service license plates to
residents of Illinois who, on |
| 21 | | or after July 27, 1954, participated in the United States |
| 22 | | Armed Forces in Korea. The special plate issued under this |
| 23 | | Section shall be affixed
only to passenger vehicles of the |
| 24 | | first division, motorcycles,
motor vehicles of the second
|
| 25 | | division weighing not more than 8,000 pounds, and recreational |
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| 1 | | vehicles as
defined by Section 1-169 of this Code. Plates |
| 2 | | issued under this Section shall
expire according to the |
| 3 | | staggered multi-year procedure established by Section
3-414.1 |
| 4 | | of this Code. |
| 5 | | (b) The design, color, and format of the plates shall be |
| 6 | | wholly
within the discretion of the Secretary of State. The |
| 7 | | Secretary may, in his or
her discretion, allow the plates to be |
| 8 | | issued as vanity or personalized
plates in accordance with |
| 9 | | Section 3-405.1 of this Code. The plates are not required
to |
| 10 | | designate "Land of
Lincoln", as prescribed in subsection (b) |
| 11 | | of Section
3-412 of this Code. The Secretary shall prescribe |
| 12 | | the eligibility requirements
and, in his or her discretion, |
| 13 | | shall approve and prescribe stickers or decals
as provided |
| 14 | | under Section 3-412.
|
| 15 | | (c) (Blank). An applicant shall be charged a $2 fee for |
| 16 | | original issuance
in addition to the applicable registration |
| 17 | | fee. This additional fee shall be deposited into the Korean |
| 18 | | War Memorial Construction Fund a special fund in the State |
| 19 | | treasury.
|
| 20 | | (d) An individual who has been issued Korean Service |
| 21 | | license plates
for a vehicle
and who has been approved for |
| 22 | | benefits under the Senior Citizens and Persons with |
| 23 | | Disabilities Property Tax Relief Act shall pay
the original |
| 24 | | issuance and the regular annual fee for the registration of |
| 25 | | the
vehicle as provided in Section 3-806.3 of this Code in |
| 26 | | addition to the fees
specified in subsection (c) of this |
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| 1 | | Section.
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| 2 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| 3 | | (625 ILCS 5/3-692)
|
| 4 | | Sec. 3-692. Soil and Water Conservation District Plates. |
| 5 | | (a) In addition to any other special license plate, the |
| 6 | | Secretary, upon receipt of all applicable fees and |
| 7 | | applications made in the form prescribed by the Secretary of |
| 8 | | State, may issue Soil and Water Conservation District license |
| 9 | | plates. The special Soil and Water Conservation District plate |
| 10 | | issued under this Section shall be affixed only to passenger |
| 11 | | vehicles of the first division and motor vehicles of the |
| 12 | | second division weighing not more than 8,000 pounds. Plates |
| 13 | | issued under this Section shall expire according to the |
| 14 | | staggered multi-year procedure established by Section 3-414.1 |
| 15 | | of this Code. |
| 16 | | (b) The design, color, and format of the plates shall be |
| 17 | | wholly within the discretion of the Secretary of State. |
| 18 | | Appropriate documentation, as determined by the Secretary, |
| 19 | | must accompany each application. The Secretary, in his or her |
| 20 | | discretion, shall approve and prescribe stickers or decals as |
| 21 | | provided under Section 3-412. |
| 22 | | (c) An applicant for the special plate shall be charged a |
| 23 | | $40 fee for original issuance in addition to the appropriate |
| 24 | | registration fee. Of this fee, $25 shall be deposited into the |
| 25 | | Soil and Water Conservation District Fund and $15 shall be |
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| 1 | | deposited into the Secretary of State Special License Plate |
| 2 | | Fund, to be used by the Secretary to help defray the |
| 3 | | administrative processing costs.
For each registration renewal |
| 4 | | period, a $27 fee, in addition to the appropriate registration |
| 5 | | fee, shall be charged. Of this fee, $25 shall be deposited into |
| 6 | | the Soil and Water Conservation District Fund and $2 shall be |
| 7 | | deposited into the Secretary of State Special License Plate |
| 8 | | Fund. |
| 9 | | (d) The Soil and Water Conservation District Fund is |
| 10 | | created as a special fund in the State treasury. All money in |
| 11 | | the Soil and Water Conservation District Fund shall be paid, |
| 12 | | subject to appropriation by the General Assembly and |
| 13 | | distribution by the Secretary, as grants to Illinois soil and |
| 14 | | water conservation districts for projects that conserve and |
| 15 | | restore soil and water in Illinois. All interest earned on |
| 16 | | moneys in the Fund shall be deposited into the Fund. The Fund |
| 17 | | shall not be subject to administrative charges or chargebacks, |
| 18 | | such as but not limited to those authorized under Section 8h of |
| 19 | | the State Finance Act.
|
| 20 | | (e) Notwithstanding any other provision of law, on July 1, |
| 21 | | 2023, or as soon thereafter as practical, the State |
| 22 | | Comptroller shall direct and the State Treasurer shall |
| 23 | | transfer the remaining balance from the Soil and Water |
| 24 | | Conservation District Fund into the Partners for Conservation |
| 25 | | Fund. Upon completion of the transfers, the Soil and Water |
| 26 | | Conservation District Fund is dissolved, and any future |
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| 1 | | deposits due to that Fund and any outstanding obligations or |
| 2 | | liabilities of that Fund shall pass to the Partners for |
| 3 | | Conservation Fund. |
| 4 | | (f) This Section is repealed on January 1, 2024. |
| 5 | | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11; |
| 6 | | 97-409, eff. 1-1-12.)
|
| 7 | | Section 5-160. The Unified Code of Corrections is amended |
| 8 | | by changing Sections 3-12-3a, 3-12-6, and 3-12-13 as follows:
|
| 9 | | (730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
|
| 10 | | Sec. 3-12-3a. Contracts, leases, and business agreements. |
| 11 | | (a) The
Department shall promulgate such rules and |
| 12 | | policies as it deems necessary to establish, manage, and |
| 13 | | operate its Illinois Correctional Industries division
for the |
| 14 | | purpose of utilizing committed persons in the
manufacture of |
| 15 | | food stuffs, finished goods or wares. To the extent not |
| 16 | | inconsistent with the function and role of the ICI, the |
| 17 | | Department may enter into a contract, lease, or other type of |
| 18 | | business agreement, not to exceed 20 years, with any private |
| 19 | | corporation, partnership, person, or other business entity for |
| 20 | | the purpose of utilizing committed persons in the provision of |
| 21 | | services or for any other business or commercial enterprise |
| 22 | | deemed by the Department to be consistent with proper training |
| 23 | | and rehabilitation of committed persons.
|
| 24 | | Beginning in In fiscal year years 2021 through 2023, the |
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| 1 | | Department shall oversee the Illinois Correctional Industries |
| 2 | | accounting processes and budget requests to the General |
| 3 | | Assembly, other budgetary processes, audits by the Office of |
| 4 | | the Auditor General, and computer processes. Beginning in For |
| 5 | | fiscal year years 2021 through 2023, the spending authority of |
| 6 | | Illinois Correctional Industries shall no longer be separate |
| 7 | | and apart from the Department's budget and appropriations, and |
| 8 | | the Department shall control its accounting processes, |
| 9 | | budgets, audits and computer processes in accordance with any |
| 10 | | Department rules and policies. |
| 11 | | (b) The Department shall be permitted to construct |
| 12 | | buildings on State
property for the purposes identified in |
| 13 | | subsection (a) and to lease for a
period not to exceed 20 years |
| 14 | | any building or portion thereof on State
property for the |
| 15 | | purposes identified in subsection (a).
|
| 16 | | (c) Any contract or other business agreement referenced in
|
| 17 | | subsection (a) shall include a provision requiring that all |
| 18 | | committed
persons assigned receive in connection with their |
| 19 | | assignment such
vocational training and/or apprenticeship |
| 20 | | programs as the Department deems appropriate.
|
| 21 | | (d) Committed persons assigned in accordance with this |
| 22 | | Section shall be
compensated in accordance with the provisions |
| 23 | | of Section 3-12-5.
|
| 24 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 25 | | 102-699, eff. 4-19-22.)
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| 1 | | (730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
|
| 2 | | Sec. 3-12-6. Programs. Through its Illinois Correctional |
| 3 | | Industries division, the Department may shall establish |
| 4 | | commercial, business, and manufacturing programs for the |
| 5 | | production sale of finished goods and processed food and |
| 6 | | beverages to the State, its political units, agencies, and |
| 7 | | other public institutions. Illinois Correctional Industries |
| 8 | | may shall establish, operate, and maintain manufacturing and |
| 9 | | food and beverage production in the Department facilities and |
| 10 | | provide food for the Department institutions and for the |
| 11 | | mental health and developmental disabilities institutions of |
| 12 | | the Department of Human Services and the institutions of the |
| 13 | | Department of Veterans' Affairs. |
| 14 | | Illinois Correctional Industries shall be administered by |
| 15 | | a chief executive officer. The chief executive officer shall |
| 16 | | report to the Director of the Department or the Director's |
| 17 | | designee. The chief executive officer shall administer the |
| 18 | | commercial and business programs of ICI for inmate workers in |
| 19 | | the custody of the Department of Corrections. |
| 20 | | The chief executive officer shall have such assistants as |
| 21 | | are required for programming sales staff, manufacturing, |
| 22 | | budget, fiscal, accounting, computer, human services, and |
| 23 | | personnel as necessary to run its commercial and business |
| 24 | | programs. |
| 25 | | Illinois Correctional Industries shall have a financial |
| 26 | | officer who shall report to the chief executive officer. The |
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| 1 | | financial officer shall: (i) assist in the development and |
| 2 | | presentation of the Department budget submission; (ii) manage |
| 3 | | and control the spending authority of ICI; and (iii) provide |
| 4 | | oversight of the financial activities of ICI, both internally |
| 5 | | and through coordination with the Department fiscal operations |
| 6 | | personnel, including accounting processes, budget submissions, |
| 7 | | other budgetary processes, audits by the Office of the Auditor |
| 8 | | General, and computer processes. For fiscal years 2021 through |
| 9 | | 2023, the financial officer shall coordinate and cooperate |
| 10 | | with the Department's chief financial officer to perform the |
| 11 | | functions listed in this paragraph. |
| 12 | | Illinois Correctional Industries shall be located in |
| 13 | | Springfield. The chief executive officer of Illinois |
| 14 | | Correctional Industries
shall assign personnel to teach
direct |
| 15 | | the production of goods and shall employ committed persons
|
| 16 | | assigned by the facility chief administrative officer. The |
| 17 | | Department of Corrections may
direct such other vocational |
| 18 | | programs as it deems necessary for the rehabilitation of |
| 19 | | inmates, which shall be separate and apart from, and not in |
| 20 | | conflict with, programs of Illinois Correctional Industries.
|
| 21 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 22 | | 102-699, eff. 4-19-22.)
|
| 23 | | (730 ILCS 5/3-12-13) (from Ch. 38, par. 1003-12-13)
|
| 24 | | Sec. 3-12-13. Sale of Property. Whenever a responsible |
| 25 | | officer of the
Correctional Industries Division of the |
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| 1 | | Department seeks to dispose of property
pursuant to the "State |
| 2 | | Property Control Act", proceeds received by the Administrator
|
| 3 | | under that Act from the sale of property under the control of |
| 4 | | the Division
of Correctional Industries of the Department |
| 5 | | shall be deposited into the General Revenue Fund
Working |
| 6 | | Capital Revolving Fund of the Correction Industries Division |
| 7 | | if
such property was originally purchased with funds |
| 8 | | therefrom.
|
| 9 | | (Source: P.A. 81-1507.)
|
| 10 | | (730 ILCS 5/3-12-11 rep.)
|
| 11 | | Section 5-165. The Unified Code of Corrections is amended |
| 12 | | by repealing Section 3-12-11.
|
| 13 | | Section 5-167. The Illinois Crime Reduction Act of 2009 is |
| 14 | | amended by changing Section 20 as follows:
|
| 15 | | (730 ILCS 190/20) |
| 16 | | Sec. 20. Adult Redeploy Illinois.
|
| 17 | | (a) Purpose. When offenders are accurately assessed for |
| 18 | | risk, assets, and needs, it is possible to identify which |
| 19 | | people should be sent to prison and which people can be |
| 20 | | effectively supervised in the locality. By providing financial |
| 21 | | incentives to counties or judicial circuits to create |
| 22 | | effective local-level evidence-based services, it is possible |
| 23 | | to reduce crime and recidivism at a lower cost to taxpayers. |
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| 1 | | Based on this model, this Act hereby creates the Adult |
| 2 | | Redeploy Illinois program for probation-eligible offenders in |
| 3 | | order to increase public safety and encourage the successful |
| 4 | | local supervision of eligible offenders and their |
| 5 | | reintegration into the locality. |
| 6 | | (b) The Adult Redeploy Illinois program shall reallocate |
| 7 | | State funds to local jurisdictions that successfully establish |
| 8 | | a process to assess offenders and provide a continuum of |
| 9 | | locally based sanctions and treatment alternatives for |
| 10 | | offenders who would be incarcerated in a State facility if |
| 11 | | those local services and sanctions did not exist. The |
| 12 | | allotment of funds shall be based on a formula that rewards |
| 13 | | local jurisdictions for the establishment or expansion of |
| 14 | | local supervision programs and requires them to pay the amount |
| 15 | | determined in subsection (e) if incarceration targets as |
| 16 | | defined in subsection (e) are not met. |
| 17 | | (c) Each county or circuit participating in the Adult |
| 18 | | Redeploy Illinois program shall create a local plan describing |
| 19 | | how it will protect public safety and reduce the county or |
| 20 | | circuit's utilization of incarceration in State facilities or |
| 21 | | local county jails by the creation or expansion of |
| 22 | | individualized services or programs. |
| 23 | | (d) Based on the local plan, a county or circuit shall |
| 24 | | enter into an agreement with the Adult Redeploy Oversight |
| 25 | | Board described in subsection (e) to reduce the number of |
| 26 | | commitments of probation-eligible offenders to State |
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| 1 | | correctional facilities from that county or circuit. The |
| 2 | | agreement shall include a pledge from the county or circuit to |
| 3 | | reduce their commitments by 25% of the level of commitments |
| 4 | | from the average number of commitments for the past 3 years of |
| 5 | | eligible offenders. In return, the county or circuit shall |
| 6 | | receive, based upon a formula described in subsection (e), |
| 7 | | funds to redeploy for local programming for offenders who |
| 8 | | would otherwise be incarcerated such as management and |
| 9 | | supervision, electronic monitoring, and drug testing. The |
| 10 | | county or circuit shall also be penalized, as described in |
| 11 | | subsection (e), for failure to reach the goal of reduced |
| 12 | | commitments stipulated in the agreement. |
| 13 | | (d-5) Subject to appropriation to the Illinois Criminal |
| 14 | | Justice Information Authority, the Adult Redeploy Illinois |
| 15 | | Oversight Board described in subsection (e) may provide grant |
| 16 | | funds to qualified organizations that can assist local |
| 17 | | jurisdictions in training, development, and technical |
| 18 | | assistance. |
| 19 | | (e) Adult Redeploy Illinois Oversight Board; members; |
| 20 | | responsibilities. |
| 21 | | (1) The Secretary of Human Services and the Director |
| 22 | | of Corrections shall within 3 months after January 1, 2010 |
| 23 | | (the effective date of Public Act 96-761) this Act convene |
| 24 | | and act as co-chairs of an oversight board to oversee the |
| 25 | | Adult Redeploy Program. The Board shall include, but not |
| 26 | | be limited to, designees from the Prisoner Review Board, |
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| 1 | | Office of the Attorney General, Illinois Criminal Justice |
| 2 | | Information Authority, and Sentencing Policy Advisory |
| 3 | | Council; the Cook County State's Attorney or a designee; a |
| 4 | | State's Attorney selected by the President of the Illinois |
| 5 | | State's Attorneys Association; the State Appellate |
| 6 | | Defender or a designee; the Cook County Public Defender or |
| 7 | | a designee; a representative of Cook County Adult |
| 8 | | Probation, a representative of DuPage County Adult |
| 9 | | Probation; a representative of Sangamon County Adult |
| 10 | | Probation; and 4 representatives from non-governmental |
| 11 | | organizations, including service providers. Members shall |
| 12 | | serve without compensation but shall be reimbursed for |
| 13 | | actual expenses incurred in the performance of their |
| 14 | | duties. |
| 15 | | (2) The Oversight Board shall within one year after |
| 16 | | January 1, 2010 (the effective date of Public Act 96-761) |
| 17 | | this Act: |
| 18 | | (A) Develop a process to solicit applications from |
| 19 | | and identify jurisdictions to be included in the Adult |
| 20 | | Redeploy Illinois program. |
| 21 | | (B) Define categories of membership for local |
| 22 | | entities to participate in the creation and oversight |
| 23 | | of the local Adult Redeploy Illinois program. |
| 24 | | (C) Develop a formula for the allotment of funds |
| 25 | | to local jurisdictions for local and community-based |
| 26 | | services in lieu of commitment to the Department of |
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| 1 | | Corrections and a penalty amount for failure to reach |
| 2 | | the goal of reduced commitments stipulated in the |
| 3 | | plans. |
| 4 | | (D) Develop a standard format for the local plan |
| 5 | | to be submitted by the local entity created in each |
| 6 | | county or circuit. |
| 7 | | (E) Identify and secure resources sufficient to |
| 8 | | support the administration and evaluation of Adult |
| 9 | | Redeploy Illinois. |
| 10 | | (F) Develop a process to support ongoing |
| 11 | | monitoring and evaluation of Adult Redeploy Illinois. |
| 12 | | (G) Review local plans and proposed agreements and |
| 13 | | approve the distribution of resources. |
| 14 | | (H) Develop a performance measurement system that |
| 15 | | includes but is not limited to the following key |
| 16 | | performance indicators: recidivism, rate of |
| 17 | | revocations, employment rates, education achievement, |
| 18 | | successful completion of substance abuse treatment |
| 19 | | programs, and payment of victim restitution. Each |
| 20 | | county or circuit shall include the performance |
| 21 | | measurement system in its local plan and provide data |
| 22 | | annually to evaluate its success.
|
| 23 | | (I) Report annually the results of the performance |
| 24 | | measurements on a timely basis to the Governor and |
| 25 | | General Assembly.
|
| 26 | | (3) The Oversight Board shall: |
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| 1 | | (A) Develop a process to solicit grant
|
| 2 | | applications from eligible training, development, and |
| 3 | | technical assistance organizations. |
| 4 | | (B) Review grant applications and proposed grant
|
| 5 | | agreements and approve the distribution of resources. |
| 6 | | (C) Develop a process to support ongoing
|
| 7 | | monitoring of training, development, and technical |
| 8 | | assistance grantees. |
| 9 | | (Source: P.A. 100-999, eff. 1-1-19.)
|
| 10 | | Section 5-170. The Revised Uniform Unclaimed Property Act |
| 11 | | is amended by changing Section 15-801 as follows:
|
| 12 | | (765 ILCS 1026/15-801)
|
| 13 | | Sec. 15-801. Deposit of funds by administrator. |
| 14 | | (a) Except as otherwise provided in this Section, the |
| 15 | | administrator shall deposit in the Unclaimed Property Trust |
| 16 | | Fund all funds received under this Act, including proceeds |
| 17 | | from the sale of property under Article 7. The administrator |
| 18 | | may deposit any amount in the Unclaimed Property Trust Fund |
| 19 | | into the State Pensions Fund during the fiscal year at his or |
| 20 | | her discretion; however, he or she shall, on April 15 and |
| 21 | | October 15 of each year, deposit any amount in the Unclaimed |
| 22 | | Property Trust Fund exceeding $2,500,000 into the State |
| 23 | | Pensions Fund. If on either April 15 or October 15, the |
| 24 | | administrator determines that a balance of $2,500,000 is |
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| 1 | | insufficient for the prompt payment of unclaimed property |
| 2 | | claims authorized under this Act, the administrator may retain |
| 3 | | more than $2,500,000 in the Unclaimed Property Trust Fund in |
| 4 | | order to ensure the prompt payment of claims. Beginning in |
| 5 | | State fiscal year 2025 2024, all amounts that are deposited |
| 6 | | into the State Pensions Fund from the Unclaimed Property Trust |
| 7 | | Fund shall be apportioned to the designated retirement systems |
| 8 | | as provided in subsection (c-6) of Section 8.12 of the State |
| 9 | | Finance Act to reduce their actuarial reserve deficiencies. |
| 10 | | (b) The administrator shall make prompt payment of claims |
| 11 | | he or she duly allows as provided for in this Act from the |
| 12 | | Unclaimed Property Trust Fund. This shall constitute an |
| 13 | | irrevocable and continuing appropriation of all amounts in the |
| 14 | | Unclaimed Property Trust Fund necessary to make prompt payment |
| 15 | | of claims duly allowed by the administrator pursuant to this |
| 16 | | Act.
|
| 17 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 18 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 19 | | Section 5-175. The Line of Duty Compensation Act is |
| 20 | | amended by changing Section 3 as follows:
|
| 21 | | (820 ILCS 315/3)
(from Ch. 48, par. 283)
|
| 22 | | Sec. 3. Duty death benefit. |
| 23 | | (a) If a claim therefor is made within 2 years one
year of |
| 24 | | the date of death of a law enforcement officer, civil
defense |
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| 1 | | worker, civil air patrol member, paramedic, fireman, chaplain, |
| 2 | | or
State employee killed in the line of duty,
or if a claim |
| 3 | | therefor is made within 2 years of the date of death of an |
| 4 | | Armed Forces member killed in the line of duty, compensation |
| 5 | | shall be paid to the person designated by the law
enforcement |
| 6 | | officer, civil defense worker, civil air patrol member, |
| 7 | | paramedic,
fireman, chaplain, State employee, or Armed Forces |
| 8 | | member. However, if the Armed Forces member was killed in the |
| 9 | | line of duty before
October 18, 2004, the
claim must be made |
| 10 | | within one year of October 18, 2004. In addition, if a death |
| 11 | | occurred after December 31, 2016 and before January 1, 2021, |
| 12 | | the claim may be made no later than December 31, 2022 |
| 13 | | notwithstanding any other deadline established under this Act |
| 14 | | with respect to filing a claim for a duty death benefit.
|
| 15 | | (b)
The amount of compensation, except for an Armed Forces |
| 16 | | member, shall be $10,000 if the death in the
line of duty |
| 17 | | occurred prior to January 1, 1974; $20,000 if
such death |
| 18 | | occurred after December 31, 1973 and before July 1, 1983;
|
| 19 | | $50,000 if such death occurred on or after July 1, 1983 and |
| 20 | | before January 1,
1996; $100,000 if the death occurred on or |
| 21 | | after January 1, 1996 and
before May 18, 2001; $118,000 if the |
| 22 | | death occurred on or after May
18, 2001 and before July 1, |
| 23 | | 2002; and $259,038 if the death occurred on or after July 1, |
| 24 | | 2002 and before January
1, 2003. For an Armed Forces member |
| 25 | | killed in the line of duty (i) at any time before January 1, |
| 26 | | 2005, the compensation is $259,038 plus amounts equal to the |
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| 1 | | increases for 2003 and 2004 determined under subsection (c) |
| 2 | | and (ii) on or after January 1, 2005, the compensation is the |
| 3 | | amount determined under item (i) plus the applicable increases |
| 4 | | for 2005 and thereafter determined under subsection (c).
|
| 5 | | (c) Except as provided in subsection (b), for deaths |
| 6 | | occurring on or after January 1, 2003, the death
compensation |
| 7 | | rate for death in the line of duty occurring in a particular
|
| 8 | | calendar year shall be the death compensation rate for death |
| 9 | | occurring in the
previous calendar year (or in the case of |
| 10 | | deaths occurring in 2003, the rate
in effect on December 31, |
| 11 | | 2002) increased by a percentage thereof equal to
the |
| 12 | | percentage increase, if any, in the index known as the |
| 13 | | Consumer Price
Index for All Urban Consumers: U.S. city |
| 14 | | average, unadjusted, for all items,
as published by the United |
| 15 | | States Department of Labor, Bureau of Labor
Statistics, for |
| 16 | | the 12 months ending with the month of June of that previous
|
| 17 | | calendar year.
|
| 18 | | (d) If no beneficiary is designated or if no designated |
| 19 | | beneficiary survives at the death of the law
enforcement |
| 20 | | officer, civil defense worker, civil air patrol member,
|
| 21 | | paramedic, fireman, chaplain, or State employee
killed in the |
| 22 | | line of
duty, the compensation shall be paid in accordance |
| 23 | | with a legally binding will left by the law
enforcement |
| 24 | | officer, civil defense worker, civil air patrol member,
|
| 25 | | paramedic, fireman, chaplain, or State employee. If the law
|
| 26 | | enforcement officer, civil defense worker, civil air patrol |
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| 1 | | member,
paramedic, fireman, chaplain, or State employee did |
| 2 | | not leave a legally binding will, the compensation shall be |
| 3 | | paid as follows:
|
| 4 | | (1) when there is a surviving spouse, the entire sum |
| 5 | | shall be paid to
the spouse;
|
| 6 | | (2) when there is no surviving spouse, but a surviving |
| 7 | | descendant of the
decedent, the entire sum shall be paid |
| 8 | | to the decedent's descendants per
stirpes;
|
| 9 | | (3) when there is neither a surviving spouse nor a |
| 10 | | surviving descendant,
the entire sum shall be paid to the |
| 11 | | parents of the decedent in equal parts,
allowing to the |
| 12 | | surviving parent, if one is dead, the entire sum; and
|
| 13 | | (4) when there is no surviving spouse, descendant or |
| 14 | | parent of the
decedent, but there are surviving brothers |
| 15 | | or sisters, or descendants of a
brother or sister, who |
| 16 | | were receiving their principal support from the
decedent |
| 17 | | at his death, the entire sum shall be paid, in equal parts, |
| 18 | | to the
dependent brothers or sisters or dependent |
| 19 | | descendant of a brother or
sister. Dependency shall be |
| 20 | | determined by the Court of Claims based upon
the |
| 21 | | investigation and report of the Attorney General.
|
| 22 | | The changes made to this subsection (d) by this amendatory Act |
| 23 | | of the 94th General Assembly apply to any pending case as long |
| 24 | | as compensation has not been paid to any party before the |
| 25 | | effective date of this amendatory Act of the 94th General |
| 26 | | Assembly.
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| 1 | | (d-1) For purposes of subsection (d), in the case of a |
| 2 | | person killed in the line of duty who was born out of wedlock |
| 3 | | and was not an adoptive child at the time of the person's |
| 4 | | death, a person shall be deemed to be a parent of the person |
| 5 | | killed in the line of duty only if that person would be an |
| 6 | | eligible parent, as defined in Section 2-2 of the Probate Act |
| 7 | | of 1975, of the person killed in the line of duty. This |
| 8 | | subsection (d-1) applies to any pending claim if compensation |
| 9 | | was not paid to the claimant of the pending claim before the |
| 10 | | effective date of this amendatory Act of the 94th General |
| 11 | | Assembly.
|
| 12 | | (d-2) If no beneficiary is designated or if no designated |
| 13 | | beneficiary survives at the death of the Armed Forces member |
| 14 | | killed in the line of duty, the compensation shall be paid in |
| 15 | | entirety according to the designation made on the most recent |
| 16 | | version of the Armed Forces member's Servicemembers' Group |
| 17 | | Life Insurance Election and Certificate ("SGLI"). |
| 18 | | If no SGLI form exists at the time of the Armed Forces |
| 19 | | member's death, the compensation shall be paid in accordance |
| 20 | | with a legally binding will left by the Armed Forces member. |
| 21 | | If no SGLI form exists for the Armed Forces member and the |
| 22 | | Armed Forces member did not leave a legally binding will, the |
| 23 | | compensation shall be paid to the persons and in the priority |
| 24 | | as set forth in paragraphs (1) through (4) of subsection (d) of |
| 25 | | this Section. |
| 26 | | This subsection (d-2) applies to any pending case as long |
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| 1 | | as compensation has not been paid to any party before the |
| 2 | | effective date of this amendatory Act of the 94th General |
| 3 | | Assembly.
|
| 4 | | (e) If there is no beneficiary designated or if no |
| 5 | | designated beneficiary survives at the death of the
law |
| 6 | | enforcement officer, civil defense worker, civil air patrol |
| 7 | | member,
paramedic, fireman, chaplain, State employee, or Armed |
| 8 | | Forces member
killed in the line of duty
and there is no other |
| 9 | | person or entity to whom compensation is payable under this |
| 10 | | Section, no compensation shall be payable
under this Act.
|
| 11 | | (f) No part of such compensation may be paid to any other |
| 12 | | person for any
efforts in securing such compensation.
|
| 13 | | (g) This amendatory Act of the 93rd General Assembly |
| 14 | | applies to claims made on or after October 18, 2004 with |
| 15 | | respect to an Armed Forces member killed in the line of duty.
|
| 16 | | (h) In any case for which benefits have not been paid |
| 17 | | within 6 months of the claim being filed in accordance with |
| 18 | | this Section, which is pending as of the effective date of this |
| 19 | | amendatory Act of the 96th General Assembly, and in which |
| 20 | | there are 2 or more beneficiaries, at least one of whom would |
| 21 | | receive at least a portion of the total benefit regardless of |
| 22 | | the manner in which the Court of Claims resolves the claim, the |
| 23 | | Court shall direct the Comptroller to pay the minimum amount |
| 24 | | of money which the determinate beneficiary would receive |
| 25 | | together with all interest payment penalties which have |
| 26 | | accrued on that portion of the award being paid within 30 days |
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| 1 | | of the effective date of this amendatory Act of the 96th |
| 2 | | General Assembly. For purposes of this subsection (h), |
| 3 | | "determinate beneficiary" means the beneficiary who would |
| 4 | | receive any portion of the total benefit claimed regardless of |
| 5 | | the manner in which the Court of Claims adjudicates the claim. |
| 6 | | (i) The Court of Claims shall ensure that all individuals |
| 7 | | who have filed an application to claim the duty death benefit |
| 8 | | for a deceased member of the Armed Forces pursuant to this |
| 9 | | Section or for a fireman pursuant to this Section, or their |
| 10 | | designated representative, shall have access, on a timely |
| 11 | | basis and in an efficient manner, to all information related |
| 12 | | to the court's consideration, processing, or adjudication of |
| 13 | | the claim, including, but not limited to, the following: |
| 14 | | (1) a reliable estimate of when the Court of Claims |
| 15 | | will adjudicate the claim, or if the Court cannot estimate |
| 16 | | when it will adjudicate the claim, a full written |
| 17 | | explanation of the reasons for this inability; and |
| 18 | | (2) a reliable estimate, based upon consultation with |
| 19 | | the Comptroller, of when the benefit will be paid to the |
| 20 | | claimant. |
| 21 | | (j) The Court of Claims shall send written notice to all |
| 22 | | claimants within 2 weeks of the initiation of a claim |
| 23 | | indicating whether or not the application is complete. For |
| 24 | | purposes of this subsection (j), an application is complete if |
| 25 | | a claimant has submitted to the Court of Claims all documents |
| 26 | | and information the Court requires for adjudicating and paying |
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| 1 | | the benefit amount. For purposes of this subsection (j), a |
| 2 | | claim for the duty death benefit is initiated when a claimant |
| 3 | | submits any of the application materials required for |
| 4 | | adjudicating the claim to the Court of Claims. In the event a |
| 5 | | claimant's application is incomplete, the Court shall include |
| 6 | | in its written notice a list of the information or documents |
| 7 | | which the claimant must submit in order for the application to |
| 8 | | be complete.
In no case may the Court of Claims deny a claim |
| 9 | | and subsequently re-adjudicate the same claim for the purpose |
| 10 | | of evading or reducing the interest penalty payment amount |
| 11 | | payable to any claimant. |
| 12 | | (Source: P.A. 102-215, eff. 7-30-21.)
|
| 13 | | ARTICLE 10.
|
| 14 | | Section 10-2. The Department of Human Services Act is |
| 15 | | amended by adding Section 80-45 as follows:
|
| 16 | | (20 ILCS 1305/80-45 new) |
| 17 | | Sec. 80-45. Funding Agent and Administration. |
| 18 | | (a) The Department shall act as funding agent under the |
| 19 | | terms of the Illinois Affordable Housing Act and shall |
| 20 | | administer other appropriations for the use of the Illinois |
| 21 | | Housing Development Authority. |
| 22 | | (b) The Department may enter into contracts, |
| 23 | | intergovernmental agreements, grants, cooperative agreements, |
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| 1 | | memoranda of understanding, or other instruments with any |
| 2 | | federal, State, or local government agency as necessary to |
| 3 | | fulfill its role as funding agent in compliance with State and |
| 4 | | federal law. The Department and the Department of Revenue |
| 5 | | shall coordinate, in consultation with the Illinois Housing |
| 6 | | Development Authority, the transition of the funding agent |
| 7 | | role, including the transfer of any and all books, records, or |
| 8 | | documents, in whatever form stored, necessary to the |
| 9 | | Department's execution of the duties of the funding agent, and |
| 10 | | the Department may submit to the Governor's Office of |
| 11 | | Management and Budget requests for exception pursuant to |
| 12 | | Section 55 of the Grant Accountability and Transparency Act. |
| 13 | | Notwithstanding Section 5 of the Grant Funds Recovery Act, for |
| 14 | | State fiscal years 2023 and 2024 only, in order to accomplish |
| 15 | | the transition of the funding agent role to the Department, |
| 16 | | grant funds may be made available for expenditure by a grantee |
| 17 | | for a period of 3 years from the date the funds were |
| 18 | | distributed by the State.
|
| 19 | | Section 10-3. The State Finance Act is amended by changing |
| 20 | | Section 6z-20.1 as follows:
|
| 21 | | (30 ILCS 105/6z-20.1) |
| 22 | | Sec. 6z-20.1. The State Aviation Program Fund and the |
| 23 | | Sound-Reducing Windows and Doors Replacement Fund. |
| 24 | | (a) The State Aviation Program Fund is created in the |
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| 1 | | State Treasury. Moneys in the Fund shall be used by the |
| 2 | | Department of Transportation for the purposes of administering |
| 3 | | a State Aviation Program. Subject to appropriation, the moneys |
| 4 | | shall be used for the purpose of distributing grants to units |
| 5 | | of local government to be used for airport-related purposes. |
| 6 | | Grants to units of local government from the Fund shall be |
| 7 | | distributed proportionately based on equal part enplanements, |
| 8 | | total cargo, and airport operations. With regard to |
| 9 | | enplanements that occur within a municipality with a |
| 10 | | population of over 500,000, grants shall be distributed only |
| 11 | | to the municipality. |
| 12 | | (b) For grants to a unit of government other than a |
| 13 | | municipality with a population of more than 500,000, |
| 14 | | "airport-related purposes" means the capital or operating |
| 15 | | costs of: (1) an airport; (2) a local airport system; or (3) |
| 16 | | any other local facility that is owned or operated by the |
| 17 | | person or entity that owns or operates the airport that is |
| 18 | | directly and substantially related to the air transportation |
| 19 | | of passengers or property as provided in 49 U.S.C. 47133, |
| 20 | | including (i) the replacement of sound-reducing windows and |
| 21 | | doors installed under the Residential Sound Insulation Program |
| 22 | | and (ii) in-home air quality monitoring testing in residences |
| 23 | | in which windows or doors were installed under the Residential |
| 24 | | Sound Insulation Program. |
| 25 | | (c) For grants to a municipality with a population of more |
| 26 | | than 500,000, "airport-related purposes" means the capital |
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| 1 | | costs of: (1) an airport; (2) a local airport system; or (3) |
| 2 | | any other local facility that (i) is owned or operated by a |
| 3 | | person or entity that owns or operates an airport and (ii) is |
| 4 | | directly and substantially related to the air transportation |
| 5 | | of passengers or property, as provided in 49 U.S.C. 47133. For |
| 6 | | grants to a municipality with a population of more than |
| 7 | | 500,000, "airport-related purposes" also means costs, |
| 8 | | including administrative costs, associated with the |
| 9 | | replacement of sound-reducing windows and doors installed |
| 10 | | under the Residential Sound Insulation Program. |
| 11 | | (d) In each State fiscal year, $9,500,000 the first |
| 12 | | $7,500,000 attributable to a municipality with a population of |
| 13 | | more than 500,000, as provided in subsection (a) of this |
| 14 | | Section, shall be transferred to the Sound-Reducing Windows |
| 15 | | and Doors Replacement Fund, a special fund created in the |
| 16 | | State Treasury. Subject to appropriation, the moneys in the |
| 17 | | Fund shall be used solely for costs, including administrative |
| 18 | | costs, associated with the mechanical repairs and the |
| 19 | | replacement of sound-reducing windows and doors installed |
| 20 | | under the Residential Sound Insulation Program. Any amounts |
| 21 | | attributable to a municipality with a population of more than |
| 22 | | 500,000 in excess of $7,500,000 in each State fiscal year |
| 23 | | shall be distributed among the airports in that municipality |
| 24 | | based on the same formula as prescribed in subsection (a) to be |
| 25 | | used for airport-related purposes.
|
| 26 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
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| 1 | | Section 10-4. The Illinois Grant Funds Recovery Act is |
| 2 | | amended by changing Section 5 as follows:
|
| 3 | | (30 ILCS 705/5) (from Ch. 127, par. 2305)
|
| 4 | | Sec. 5. Time limit on expenditure of grant funds. Subject |
| 5 | | to the restriction
of Section 35 of the State Finance Act, no |
| 6 | | grant funds may be made available for expenditure by
a grantee |
| 7 | | for a period longer than 2 years, except where such grant funds
|
| 8 | | are disbursed in reimbursement of costs previously incurred by |
| 9 | | the grantee and except as otherwise provided in subsection (d) |
| 10 | | of Section 5-200 of the School Construction Law and in |
| 11 | | subsection (b) of Section 80-45 of the Department of Human |
| 12 | | Services Act.
Any grant funds not expended or legally |
| 13 | | obligated by the end of the grant
agreement, or during the time |
| 14 | | limitation to grant fund expenditures set
forth in this |
| 15 | | Section, must be returned to the grantor agency within 45
|
| 16 | | days, if the funds are not already on deposit with the grantor |
| 17 | | agency or
the State Treasurer. Such returned funds shall be |
| 18 | | deposited into the fund
from which the original
grant |
| 19 | | disbursement to the grantee was made.
|
| 20 | | (Source: P.A. 99-606, eff. 7-22-16.)
|
| 21 | | Section 10-5. The Illinois Public Aid Code is amended by |
| 22 | | changing Sections 12-4.7 and 12-10.10 as follows:
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| 1 | | (305 ILCS 5/12-4.7) (from Ch. 23, par. 12-4.7)
|
| 2 | | Sec. 12-4.7. Co-operation with other agencies. Make use |
| 3 | | of, aid and
co-operate with State and local governmental |
| 4 | | agencies, and co-operate with and
assist other governmental |
| 5 | | and private agencies and organizations engaged in
welfare |
| 6 | | functions.
|
| 7 | | This grant of authority includes the powers necessary for |
| 8 | | the Department of Healthcare and Family Services to administer |
| 9 | | the Illinois Health and Human Services Innovation Incubator |
| 10 | | (HHSi2) project. The Department of Healthcare and Family |
| 11 | | Services shall cochair with the Governor's Office of |
| 12 | | Management and Budget an Executive Steering Committee of |
| 13 | | partner State agencies to coordinate the HHSi2 project. The |
| 14 | | powers and duties of the Executive Steering Committee shall be |
| 15 | | established by intergovernmental agreement. In addition, the |
| 16 | | Department of Healthcare and Family Services is authorized, |
| 17 | | without limitation, to enter into agreements with federal |
| 18 | | agencies, to create and implement the HHSi2 Shared |
| 19 | | Interoperability Platform, and to create all Implementation |
| 20 | | Advance Planning documents for the HHSi2 project. |
| 21 | | (Source: P.A. 92-111, eff. 1-1-02.)
|
| 22 | | (305 ILCS 5/12-10.10) |
| 23 | | Sec. 12-10.10. HFS DHS Technology Initiative Fund. |
| 24 | | (a) The HFS DHS Technology Initiative Fund is hereby |
| 25 | | created as a trust fund within the State treasury with the |
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| 1 | | State Treasurer as the ex-officio custodian of the Fund. |
| 2 | | (b) The Department of Healthcare and Family Human Services |
| 3 | | may accept and receive grants, awards, gifts, and bequests, or |
| 4 | | other moneys from any source, public or private, in support of |
| 5 | | information technology initiatives. Those moneys Moneys |
| 6 | | received in support of information technology initiatives, and |
| 7 | | any interest earned thereon, shall be deposited into the HFS |
| 8 | | DHS Technology Initiative Fund. |
| 9 | | (c) Moneys in the Fund may be used by the Department of |
| 10 | | Healthcare and Family Human Services for the purpose of making |
| 11 | | grants associated with the development and implementation of |
| 12 | | information technology projects or paying for operational |
| 13 | | expenses of the Department of Healthcare and Family Human |
| 14 | | Services related to such projects. The Department of |
| 15 | | Healthcare and Family Services may use moneys in the Fund to |
| 16 | | pay for administrative, operational, and project expenses of |
| 17 | | the Illinois Health and Human Services Innovation Incubator |
| 18 | | (HHSi2) project. Notwithstanding any provision of law to the |
| 19 | | contrary, the Department of Human Services shall have the |
| 20 | | authority to satisfy all Fiscal Year 2023 outstanding |
| 21 | | expenditure obligations or liabilities payable from the Fund |
| 22 | | pursuant to Section 25 of the State Finance Act. |
| 23 | | (d) The Department of Healthcare and Family Human |
| 24 | | Services, in consultation with the Department of Innovation |
| 25 | | and Technology, shall use the funds deposited into in the HFS |
| 26 | | DHS Technology Initiative Fund to pay for information |
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| 1 | | technology solutions either provided by Department of |
| 2 | | Innovation and Technology or arranged or coordinated by the |
| 3 | | Department of Innovation and Technology.
|
| 4 | | (Source: P.A. 100-611, eff. 7-20-18; 101-275, eff. 8-9-19.)
|
| 5 | | Section 10-10. The Illinois Affordable Housing Act is |
| 6 | | amended by changing Sections 3 and 5 as follows:
|
| 7 | | (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
|
| 8 | | Sec. 3. Definitions. As used in this Act:
|
| 9 | | (a) "Program" means the Illinois Affordable Housing |
| 10 | | Program.
|
| 11 | | (b) "Trust Fund" means the Illinois Affordable Housing |
| 12 | | Trust Fund.
|
| 13 | | (b-5) "Capital Fund" means the Illinois Affordable Housing |
| 14 | | Capital Fund.
|
| 15 | | (c) "Low-income household" means a single person, family |
| 16 | | or unrelated
persons living together whose adjusted income is |
| 17 | | more than 50%, but less than
80%, of the median income of the |
| 18 | | area of residence, adjusted for family
size, as such adjusted |
| 19 | | income and median income for the area are determined
from time |
| 20 | | to time by the United States Department of Housing and Urban
|
| 21 | | Development for purposes of Section 8 of the United States |
| 22 | | Housing Act of 1937.
|
| 23 | | (d) "Very low-income household" means a single person, |
| 24 | | family or
unrelated persons living together whose adjusted |
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| 1 | | income is not more than
50% of the median income of the area of |
| 2 | | residence, adjusted for family
size, as such adjusted income |
| 3 | | and median income for the area are determined
from time to time |
| 4 | | by the United States Department of Housing and Urban
|
| 5 | | Development for purposes of Section 8 of the United States |
| 6 | | Housing Act of 1937.
|
| 7 | | (e) "Affordable housing" means residential housing that, |
| 8 | | so long as the
same is occupied by low-income households or |
| 9 | | very low-income households,
requires payment of monthly |
| 10 | | housing costs, including utilities other than
telephone, of no |
| 11 | | more than 30% of the maximum allowable income as stated
for |
| 12 | | such households as defined in this Section.
|
| 13 | | (f) "Multi-family housing" means a building or buildings |
| 14 | | providing
housing to 5 or more households.
|
| 15 | | (g) "Single-family housing" means a building containing |
| 16 | | one to 4
dwelling units, including a mobile home as defined in |
| 17 | | subsection (b) of
Section 3 of the Mobile Home Landlord and |
| 18 | | Tenant Rights Act, as
amended.
|
| 19 | | (h) "Community-based organization" means a not-for-profit |
| 20 | | entity whose
governing body includes a majority of members who |
| 21 | | reside in the community
served by the organization.
|
| 22 | | (i) "Advocacy organization" means a not-for-profit |
| 23 | | organization which
conducts, in part or in whole, activities |
| 24 | | to influence public policy on
behalf of low-income or very |
| 25 | | low-income households.
|
| 26 | | (j) "Program Administrator" means the Illinois Housing |
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| 1 | | Development
Authority.
|
| 2 | | (k) "Funding Agent" means the Illinois Department of Human |
| 3 | | Services Revenue.
|
| 4 | | (l) "Commission" means the Affordable Housing Advisory |
| 5 | | Commission.
|
| 6 | | (m) "Congregate housing" means a building or structure in |
| 7 | | which 2 or
more households, inclusive, share common living |
| 8 | | areas and may share child
care, cleaning, cooking and other |
| 9 | | household responsibilities.
|
| 10 | | (n) "Eligible applicant" means a proprietorship, |
| 11 | | partnership, for-profit
corporation, not-for-profit |
| 12 | | corporation or unit of local government which
seeks to use |
| 13 | | fund assets as provided in this Article.
|
| 14 | | (o) "Moderate income household" means a single person, |
| 15 | | family or
unrelated persons living together whose adjusted |
| 16 | | income is more than 80%
but less than 120% of the median income |
| 17 | | of the area of residence, adjusted
for family size, as such |
| 18 | | adjusted income and median income for the area are
determined |
| 19 | | from time to time by the United States Department of Housing |
| 20 | | and
Urban Development for purposes of Section 8 of the United |
| 21 | | States Housing
Act of 1937.
|
| 22 | | (p) "Affordable Housing Program Trust Fund Bonds or Notes" |
| 23 | | means the bonds
or notes issued by the Program Administrator |
| 24 | | under the Illinois Housing
Development Act to further the |
| 25 | | purposes of this Act.
|
| 26 | | (q) "Trust Fund Moneys" means all moneys, deposits, |
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| 1 | | revenues, income,
interest, dividends, receipts, taxes, |
| 2 | | proceeds and other amounts or funds
deposited or to be |
| 3 | | deposited into in the Trust Fund pursuant to Section 5(b) of |
| 4 | | this
Act and any proceeds, investments or increase thereof.
|
| 5 | | (r) "Program Escrow" means accounts, except those accounts |
| 6 | | relating to any
Affordable Housing Program Trust Fund Bonds or |
| 7 | | Notes, designated by the Program
Administrator, into which |
| 8 | | Trust Fund Moneys are deposited.
|
| 9 | | (s) "Common household pet" means a domesticated animal, |
| 10 | | such as a dog (canis lupus familiaris) or cat (felis catus), |
| 11 | | which is commonly kept in the home for pleasure rather than for |
| 12 | | commercial purposes. |
| 13 | | (Source: P.A. 102-283, eff. 1-1-22.)
|
| 14 | | (310 ILCS 65/5) (from Ch. 67 1/2, par. 1255)
|
| 15 | | Sec. 5. Illinois Affordable Housing Trust Fund.
|
| 16 | | (a) There is hereby
created the Illinois Affordable |
| 17 | | Housing Trust Fund, hereafter referred to
in this Act as the |
| 18 | | "Trust Fund" to be held as a separate fund within the
State |
| 19 | | Treasury and to be administered by the Program Administrator. |
| 20 | | The
purpose of the Trust Fund is to finance projects of the |
| 21 | | Illinois Affordable
Housing Program as authorized and approved |
| 22 | | by the Program Administrator.
The Funding Agent shall |
| 23 | | establish, within the Trust Fund, a General Account,
a Bond |
| 24 | | Account, a Commitment Account and a Development Credits
|
| 25 | | Account.
The Funding Agent shall authorize distribution of |
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| 1 | | Trust Fund moneys to the
Program Administrator or a payee |
| 2 | | designated by the Program Administrator for
purposes |
| 3 | | authorized by this Act. After
receipt of the Trust Fund moneys |
| 4 | | by the Program Administrator or designated
payee, the Program |
| 5 | | Administrator shall ensure that all those
moneys are expended |
| 6 | | for a public purpose and only as authorized by this Act.
|
| 7 | | (b) Except as otherwise provided in Section 8(c) of this |
| 8 | | Act, there
shall be deposited in the Trust Fund such amounts as |
| 9 | | may become available
under the provisions of this Act, |
| 10 | | including,
but not limited to:
|
| 11 | | (1) all receipts, including dividends, principal and |
| 12 | | interest
repayments attributable to any loans or |
| 13 | | agreements
funded from the Trust Fund;
|
| 14 | | (2) all proceeds of assets of whatever nature received |
| 15 | | by the
Program Administrator, and attributable to default |
| 16 | | with
respect to loans or
agreements funded from the Trust |
| 17 | | Fund;
|
| 18 | | (3) any appropriations, grants or gifts of funds or |
| 19 | | property, or financial
or other aid from any federal or |
| 20 | | State agency or
body, local government or any other public |
| 21 | | organization or private individual
made to the Trust Fund;
|
| 22 | | (4) any income received as a result of the investment |
| 23 | | of moneys in
the Trust Fund;
|
| 24 | | (5) all fees or charges collected by the Program |
| 25 | | Administrator or
Funding Agent pursuant to this Act;
|
| 26 | | (6) amounts as provided in Section 31-35 of the Real |
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| 1 | | Estate Transfer Tax Law an amount equal to one half of all |
| 2 | | proceeds collected by the
Funding Agent pursuant to |
| 3 | | Section 3 of the Real Estate Transfer Tax
Act, as amended;
|
| 4 | | (7) other funds as appropriated by the General |
| 5 | | Assembly; and
|
| 6 | | (8) any income, less costs and fees associated with |
| 7 | | the Program Escrow,
received by the Program Administrator |
| 8 | | that is derived from Trust Fund Moneys
held in the Program |
| 9 | | Escrow prior to expenditure of such Trust Fund Moneys. |
| 10 | | (c) Additional Trust Fund Purpose: Receipt and use of |
| 11 | | federal funding for programs responding to the COVID-19 public |
| 12 | | health emergency. Notwithstanding any other provision of this |
| 13 | | Act or any other law limiting or directing the use of the Trust |
| 14 | | Fund, the Trust Fund may receive, directly or indirectly, |
| 15 | | federal funds from the Homeowner Assistance Fund authorized |
| 16 | | under Section 3206 of the federal American Rescue Plan Act of |
| 17 | | 2021 (Public Law 117-2). Any such funds shall be deposited |
| 18 | | into a Homeowner Assistance Account which shall be established |
| 19 | | within the Trust Fund by the Funding Agent so that such funds |
| 20 | | can be accounted for separately from other funds in the Trust |
| 21 | | Fund. Such funds may be used only in the manner and for the |
| 22 | | purposes authorized in Section 3206 of the American Rescue |
| 23 | | Plan Act of 2021 and in related federal guidance. Also, the |
| 24 | | Trust Fund may receive, directly or indirectly, federal funds |
| 25 | | from the Emergency Rental Assistance Program authorized under |
| 26 | | Section 3201 of the federal American Rescue Plan Act of 2021 |
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| 1 | | and Section 501 of Subtitle A of Title V of Division N of the |
| 2 | | Consolidated Appropriations Act, 2021 (Public Law 116–260). |
| 3 | | Any such funds shall be deposited into an Emergency Rental |
| 4 | | Assistance Account which shall be established within the Trust |
| 5 | | Fund by the Funding Agent so that such funds can be accounted |
| 6 | | for separately from other funds in the Trust Fund. Such funds |
| 7 | | may be used only in the manner and for the purposes authorized |
| 8 | | in Section 3201 of the American Rescue Plan Act of 2021 and in |
| 9 | | related federal guidance. Expenditures under this subsection |
| 10 | | (c) are subject to annual appropriation to the Funding Agent. |
| 11 | | Unless used in this subsection (c), the defined terms set |
| 12 | | forth in Section 3 shall not apply to funds received pursuant |
| 13 | | to the American Rescue Plan Act of 2021. Notwithstanding any |
| 14 | | other provision of this Act or any other law limiting or |
| 15 | | directing the use of the Trust Fund, funds received under the |
| 16 | | American Rescue Plan Act of 2021 are not subject to the terms |
| 17 | | and provisions of this Act except as specifically set forth in |
| 18 | | this subsection (c).
|
| 19 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 20 | | ARTICLE 15.
|
| 21 | | Section 15-5. The Illinois Administrative Procedure Act is |
| 22 | | amended by adding Sections 5-45.42 and 5-45.43 as follows:
|
| 23 | | (5 ILCS 100/5-45.42 new) |
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| 1 | | Sec. 5-45.42. Emergency rulemaking; Mental Health and |
| 2 | | Developmental Disabilities Administrative Act. To provide for |
| 3 | | the expeditious and timely implementation of the changes made |
| 4 | | to Section 74 of the Mental Health and Developmental |
| 5 | | Disabilities Administrative Act by this amendatory Act of the |
| 6 | | 103rd General Assembly, emergency rules implementing the |
| 7 | | changes made to that Section by this amendatory Act of the |
| 8 | | 103rd General Assembly may be adopted in accordance with |
| 9 | | Section 5-45 by the Department of Human Services or other |
| 10 | | department essential to the implementation of the changes. The |
| 11 | | adoption of emergency rules authorized by Section 5-45 and |
| 12 | | this Section is deemed to be necessary for the public |
| 13 | | interest, safety, and welfare. |
| 14 | | This Section is repealed one year after the effective date |
| 15 | | of this Section.
|
| 16 | | (5 ILCS 100/5-45.43 new) |
| 17 | | Sec. 5-45.43. Emergency rulemaking; Illinois Public Aid |
| 18 | | Code. To provide for the expeditious and timely implementation |
| 19 | | of the changes made to the Illinois Public Aid Code by this |
| 20 | | amendatory Act of the 103rd General Assembly, emergency rules |
| 21 | | implementing the changes made to that Code by this amendatory |
| 22 | | Act of the 103rd General Assembly may be adopted in accordance |
| 23 | | with Section 5-45 by the Department of Healthcare and Family |
| 24 | | Services or other department essential to the implementation |
| 25 | | of the changes. The adoption of emergency rules authorized by |
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| 1 | | Section 5-45 and this Section is deemed to be necessary for the |
| 2 | | public interest, safety, and welfare. |
| 3 | | This Section is repealed one year after the effective date |
| 4 | | of this Section.
|
| 5 | | Section 15-10. The Mental Health and Developmental |
| 6 | | Disabilities Administrative Act is amended by changing Section |
| 7 | | 74 as follows:
|
| 8 | | (20 ILCS 1705/74)
|
| 9 | | Sec. 74. Rates and reimbursements. |
| 10 | | (a) Within 30 days after July 6, 2017 (the effective date |
| 11 | | of Public Act 100-23), the Department shall increase rates and |
| 12 | | reimbursements to fund a minimum of a $0.75 per hour wage |
| 13 | | increase for front-line personnel, including, but not limited |
| 14 | | to, direct support professionals, aides, front-line |
| 15 | | supervisors, qualified intellectual disabilities |
| 16 | | professionals, nurses, and non-administrative support staff |
| 17 | | working in community-based provider organizations serving |
| 18 | | individuals with developmental disabilities. The Department |
| 19 | | shall adopt rules, including emergency rules under subsection |
| 20 | | (y) of Section 5-45 of the Illinois Administrative Procedure |
| 21 | | Act, to implement the provisions of this Section. |
| 22 | | (b) Rates and reimbursements. Within 30 days after June 4, |
| 23 | | 2018 (the effective date of Public Act 100-587) this |
| 24 | | amendatory Act of the 100th General Assembly, the Department |
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| 1 | | shall increase rates and reimbursements to fund a minimum of a |
| 2 | | $0.50 per hour wage increase for front-line personnel, |
| 3 | | including, but not limited to, direct support professionals, |
| 4 | | aides, front-line supervisors, qualified intellectual |
| 5 | | disabilities professionals, nurses, and non-administrative |
| 6 | | support staff working in community-based provider |
| 7 | | organizations serving individuals with developmental |
| 8 | | disabilities. The Department shall adopt rules, including |
| 9 | | emergency rules under subsection (bb) of Section 5-45 of the |
| 10 | | Illinois Administrative Procedure Act, to implement the |
| 11 | | provisions of this Section. |
| 12 | | (c) Rates and reimbursements. Within 30 days after June 5, |
| 13 | | 2019 (the effective date of Public Act 101-10) this amendatory |
| 14 | | Act of the 101st General Assembly, subject to federal |
| 15 | | approval, the Department shall increase rates and |
| 16 | | reimbursements in effect on June 30, 2019 for community-based |
| 17 | | providers for persons with Developmental Disabilities by 3.5% |
| 18 | | The Department shall adopt rules, including emergency rules |
| 19 | | under subsection (jj) of Section 5-45 of the Illinois |
| 20 | | Administrative Procedure Act, to implement the provisions of |
| 21 | | this Section, including wage increases for direct care staff. |
| 22 | | (d) For community-based providers serving persons with |
| 23 | | intellectual/developmental disabilities, subject to federal |
| 24 | | approval of any relevant Waiver Amendment, the rates taking |
| 25 | | effect for services delivered on or after January 1, 2022, |
| 26 | | shall include an increase in the rate methodology sufficient |
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| 1 | | to provide a $1.50 per hour wage increase for direct support |
| 2 | | professionals in residential settings and sufficient to |
| 3 | | provide wages for all residential non-executive direct care |
| 4 | | staff, excluding direct support professionals, at the federal |
| 5 | | Department of Labor, Bureau of Labor Statistics' average wage |
| 6 | | as defined in rule by the Department. |
| 7 | | The establishment of and any changes to the rate |
| 8 | | methodologies for community-based services provided to persons |
| 9 | | with intellectual/developmental disabilities are subject to |
| 10 | | federal approval of any relevant Waiver Amendment and shall be |
| 11 | | defined in rule by the Department. The Department shall adopt |
| 12 | | rules, including emergency rules as authorized by Section 5-45 |
| 13 | | of the Illinois Administrative Procedure Act, to implement the |
| 14 | | provisions of this subsection (d). |
| 15 | | (e) For community-based providers serving persons with |
| 16 | | intellectual/developmental disabilities, subject to federal |
| 17 | | approval of any relevant Waiver Amendment, the rates taking |
| 18 | | effect for services delivered on or after January 1, 2023, |
| 19 | | shall include an increase in the rate methodology sufficient |
| 20 | | to provide a $1.00 per hour wage increase for all direct |
| 21 | | support professionals personnel and all other frontline |
| 22 | | personnel who are not subject to the Bureau of Labor |
| 23 | | Statistics' average wage increases, who work in residential |
| 24 | | and community day services settings, with at least $0.50 of |
| 25 | | those funds to be provided as a direct increase to base wages, |
| 26 | | with the remaining $0.50 to be used flexibly for base wage |
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| 1 | | increases. In addition, the rates taking effect for services |
| 2 | | delivered on or after January 1, 2023 shall include an |
| 3 | | increase sufficient to provide wages for all residential |
| 4 | | non-executive direct care staff, excluding direct support |
| 5 | | professionals personnel, at the federal Department of Labor, |
| 6 | | Bureau of Labor Statistics' average wage as defined in rule by |
| 7 | | the Department. |
| 8 | | The establishment of and any changes to the rate |
| 9 | | methodologies for community-based services provided to persons |
| 10 | | with intellectual/developmental disabilities are subject to |
| 11 | | federal approval of any relevant Waiver Amendment and shall be |
| 12 | | defined in rule by the Department. The Department shall adopt |
| 13 | | rules, including emergency rules as authorized by Section 5-45 |
| 14 | | of the Illinois Administrative Procedure Act, to implement the |
| 15 | | provisions of this subsection. |
| 16 | | (f) For community-based providers serving persons with |
| 17 | | intellectual/developmental disabilities, subject to federal |
| 18 | | approval of any relevant Waiver Amendment, the rates taking |
| 19 | | effect for services delivered on or after January 1, 2024 |
| 20 | | shall include an increase in the rate methodology sufficient |
| 21 | | to provide a $2.50 per hour wage increase for all direct |
| 22 | | support professionals and all other frontline personnel who |
| 23 | | are not subject to the Bureau of Labor Statistics' average |
| 24 | | wage increases and who work in residential and community day |
| 25 | | services settings. At least $1.25 of the per hour wage |
| 26 | | increase shall be provided as a direct increase to base wages, |
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| 1 | | and the remaining $1.25 of the per hour wage increase shall be |
| 2 | | used flexibly for base wage increases. In addition, the rates |
| 3 | | taking effect for services delivered on or after January 1, |
| 4 | | 2024 shall include an increase sufficient to provide wages for |
| 5 | | all residential non-executive direct care staff, excluding |
| 6 | | direct support professionals, at the federal Department of |
| 7 | | Labor, Bureau of Labor Statistics' average wage as defined in |
| 8 | | rule by the Department. |
| 9 | | The establishment of and any changes to the rate |
| 10 | | methodologies for community-based services provided to persons |
| 11 | | with intellectual/developmental disabilities are subject to |
| 12 | | federal approval of any relevant Waiver Amendment and shall be |
| 13 | | defined in rule by the Department. The Department shall adopt |
| 14 | | rules, including emergency rules as authorized by Section 5-45 |
| 15 | | of the Illinois Administrative Procedure Act, to implement the |
| 16 | | provisions of this subsection. |
| 17 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
| 18 | | 102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised |
| 19 | | 12-13-22.)
|
| 20 | | Section 15-15. The Illinois Public Aid Code is amended by |
| 21 | | changing Sections 5-5.4, 5-5.7a, and 12-4.11 and by adding |
| 22 | | Section 9A-17 as follows:
|
| 23 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
|
| 24 | | Sec. 5-5.4. Standards of Payment - Department of |
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| 1 | | Healthcare and Family Services.
The Department of Healthcare |
| 2 | | and Family Services shall develop standards of payment of
|
| 3 | | nursing facility and ICF/DD services in facilities providing |
| 4 | | such services
under this Article which:
|
| 5 | | (1) Provide for the determination of a facility's payment
|
| 6 | | for nursing facility or ICF/DD services on a prospective |
| 7 | | basis.
The amount of the payment rate for all nursing |
| 8 | | facilities certified by the
Department of Public Health under |
| 9 | | the ID/DD Community Care Act or the Nursing Home Care Act as |
| 10 | | Intermediate
Care for the Developmentally Disabled facilities, |
| 11 | | Long Term Care for Under Age
22 facilities, Skilled Nursing |
| 12 | | facilities, or Intermediate Care facilities
under the
medical |
| 13 | | assistance program shall be prospectively established annually |
| 14 | | on the
basis of historical, financial, and statistical data |
| 15 | | reflecting actual costs
from prior years, which shall be |
| 16 | | applied to the current rate year and updated
for inflation, |
| 17 | | except that the capital cost element for newly constructed
|
| 18 | | facilities shall be based upon projected budgets. The annually |
| 19 | | established
payment rate shall take effect on July 1 in 1984 |
| 20 | | and subsequent years. No rate
increase and no
update for |
| 21 | | inflation shall be provided on or after July 1, 1994, unless |
| 22 | | specifically provided for in this
Section.
The changes made by |
| 23 | | Public Act 93-841
extending the duration of the prohibition |
| 24 | | against a rate increase or update for inflation are effective |
| 25 | | retroactive to July 1, 2004.
|
| 26 | | For facilities licensed by the Department of Public Health |
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| 1 | | under the Nursing
Home Care Act as Intermediate Care for the |
| 2 | | Developmentally Disabled facilities
or Long Term Care for |
| 3 | | Under Age 22 facilities, the rates taking effect on July
1, |
| 4 | | 1998 shall include an increase of 3%. For facilities licensed |
| 5 | | by the
Department of Public Health under the Nursing Home Care |
| 6 | | Act as Skilled Nursing
facilities or Intermediate Care |
| 7 | | facilities, the rates taking effect on July 1,
1998 shall |
| 8 | | include an increase of 3% plus $1.10 per resident-day, as |
| 9 | | defined by
the Department. For facilities licensed by the |
| 10 | | Department of Public Health under the Nursing Home Care Act as |
| 11 | | Intermediate Care Facilities for the Developmentally Disabled |
| 12 | | or Long Term Care for Under Age 22 facilities, the rates taking |
| 13 | | effect on January 1, 2006 shall include an increase of 3%.
For |
| 14 | | facilities licensed by the Department of Public Health under |
| 15 | | the Nursing Home Care Act as Intermediate Care Facilities for |
| 16 | | the Developmentally Disabled or Long Term Care for Under Age |
| 17 | | 22 facilities, the rates taking effect on January 1, 2009 |
| 18 | | shall include an increase sufficient to provide a $0.50 per |
| 19 | | hour wage increase for non-executive staff. For facilities |
| 20 | | licensed by the Department of Public Health under the ID/DD |
| 21 | | Community Care Act as ID/DD Facilities the rates taking effect |
| 22 | | within 30 days after July 6, 2017 (the effective date of Public |
| 23 | | Act 100-23) shall include an increase sufficient to provide a |
| 24 | | $0.75 per hour wage increase for non-executive staff. The |
| 25 | | Department shall adopt rules, including emergency rules under |
| 26 | | subsection (y) of Section 5-45 of the Illinois Administrative |
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| 1 | | Procedure Act, to implement the provisions of this paragraph. |
| 2 | | For facilities licensed by the Department of Public Health |
| 3 | | under the ID/DD Community Care Act as ID/DD Facilities and |
| 4 | | under the MC/DD Act as MC/DD Facilities, the rates taking |
| 5 | | effect within 30 days after June 5, 2019 (the effective date of |
| 6 | | Public Act 101-10) this amendatory Act of the 100th General |
| 7 | | Assembly shall include an increase sufficient to provide a |
| 8 | | $0.50 per hour wage increase for non-executive front-line |
| 9 | | personnel, including, but not limited to, direct support |
| 10 | | persons, aides, front-line supervisors, qualified intellectual |
| 11 | | disabilities professionals, nurses, and non-administrative |
| 12 | | support staff. The Department shall adopt rules, including |
| 13 | | emergency rules under subsection (bb) of Section 5-45 of the |
| 14 | | Illinois Administrative Procedure Act, to implement the |
| 15 | | provisions of this paragraph. |
| 16 | | For facilities licensed by the Department of Public Health |
| 17 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 18 | | Developmentally Disabled
facilities or Long Term Care for |
| 19 | | Under Age 22 facilities, the rates taking
effect on July 1, |
| 20 | | 1999 shall include an increase of 1.6% plus $3.00 per
|
| 21 | | resident-day, as defined by the Department. For facilities |
| 22 | | licensed by the
Department of Public Health under the Nursing |
| 23 | | Home Care Act as Skilled Nursing
facilities or Intermediate |
| 24 | | Care facilities, the rates taking effect on July 1,
1999 shall |
| 25 | | include an increase of 1.6% and, for services provided on or |
| 26 | | after
October 1, 1999, shall be increased by $4.00 per |
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| 1 | | resident-day, as defined by
the Department.
|
| 2 | | For facilities licensed by the Department of Public Health |
| 3 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 4 | | Developmentally Disabled
facilities or Long Term Care for |
| 5 | | Under Age 22 facilities, the rates taking
effect on July 1, |
| 6 | | 2000 shall include an increase of 2.5% per resident-day,
as |
| 7 | | defined by the Department. For facilities licensed by the |
| 8 | | Department of
Public Health under the Nursing Home Care Act as |
| 9 | | Skilled Nursing facilities or
Intermediate Care facilities, |
| 10 | | the rates taking effect on July 1, 2000 shall
include an |
| 11 | | increase of 2.5% per resident-day, as defined by the |
| 12 | | Department.
|
| 13 | | For facilities licensed by the Department of Public Health |
| 14 | | under the
Nursing Home Care Act as skilled nursing facilities |
| 15 | | or intermediate care
facilities, a new payment methodology |
| 16 | | must be implemented for the nursing
component of the rate |
| 17 | | effective July 1, 2003. The Department of Public Aid
(now |
| 18 | | Healthcare and Family Services) shall develop the new payment |
| 19 | | methodology using the Minimum Data Set
(MDS) as the instrument |
| 20 | | to collect information concerning nursing home
resident |
| 21 | | condition necessary to compute the rate. The Department
shall |
| 22 | | develop the new payment methodology to meet the unique needs |
| 23 | | of
Illinois nursing home residents while remaining subject to |
| 24 | | the appropriations
provided by the General Assembly.
A |
| 25 | | transition period from the payment methodology in effect on |
| 26 | | June 30, 2003
to the payment methodology in effect on July 1, |
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| 1 | | 2003 shall be provided for a
period not exceeding 3 years and |
| 2 | | 184 days after implementation of the new payment
methodology |
| 3 | | as follows:
|
| 4 | | (A) For a facility that would receive a lower
nursing |
| 5 | | component rate per patient day under the new system than |
| 6 | | the facility
received
effective on the date immediately |
| 7 | | preceding the date that the Department
implements the new |
| 8 | | payment methodology, the nursing component rate per |
| 9 | | patient
day for the facility
shall be held at
the level in |
| 10 | | effect on the date immediately preceding the date that the
|
| 11 | | Department implements the new payment methodology until a |
| 12 | | higher nursing
component rate of
reimbursement is achieved |
| 13 | | by that
facility.
|
| 14 | | (B) For a facility that would receive a higher nursing |
| 15 | | component rate per
patient day under the payment |
| 16 | | methodology in effect on July 1, 2003 than the
facility |
| 17 | | received effective on the date immediately preceding the |
| 18 | | date that the
Department implements the new payment |
| 19 | | methodology, the nursing component rate
per patient day |
| 20 | | for the facility shall be adjusted.
|
| 21 | | (C) Notwithstanding paragraphs (A) and (B), the |
| 22 | | nursing component rate per
patient day for the facility |
| 23 | | shall be adjusted subject to appropriations
provided by |
| 24 | | the General Assembly.
|
| 25 | | For facilities licensed by the Department of Public Health |
| 26 | | under the
Nursing Home Care Act as Intermediate Care for the |
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| 1 | | Developmentally Disabled
facilities or Long Term Care for |
| 2 | | Under Age 22 facilities, the rates taking
effect on March 1, |
| 3 | | 2001 shall include a statewide increase of 7.85%, as
defined |
| 4 | | by the Department.
|
| 5 | | Notwithstanding any other provision of this Section, for |
| 6 | | facilities licensed by the Department of Public Health under |
| 7 | | the
Nursing Home Care Act as skilled nursing facilities or |
| 8 | | intermediate care
facilities, except facilities participating |
| 9 | | in the Department's demonstration program pursuant to the |
| 10 | | provisions of Title 77, Part 300, Subpart T of the Illinois |
| 11 | | Administrative Code, the numerator of the ratio used by the |
| 12 | | Department of Healthcare and Family Services to compute the |
| 13 | | rate payable under this Section using the Minimum Data Set |
| 14 | | (MDS) methodology shall incorporate the following annual |
| 15 | | amounts as the additional funds appropriated to the Department |
| 16 | | specifically to pay for rates based on the MDS nursing |
| 17 | | component methodology in excess of the funding in effect on |
| 18 | | December 31, 2006: |
| 19 | | (i) For rates taking effect January 1, 2007, |
| 20 | | $60,000,000. |
| 21 | | (ii) For rates taking effect January 1, 2008, |
| 22 | | $110,000,000. |
| 23 | | (iii) For rates taking effect January 1, 2009, |
| 24 | | $194,000,000. |
| 25 | | (iv) For rates taking effect April 1, 2011, or the |
| 26 | | first day of the month that begins at least 45 days after |
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| 1 | | February 16, 2011 (the effective date of Public Act |
| 2 | | 96-1530) this amendatory Act of the 96th General Assembly, |
| 3 | | $416,500,000 or an amount as may be necessary to complete |
| 4 | | the transition to the MDS methodology for the nursing |
| 5 | | component of the rate. Increased payments under this item |
| 6 | | (iv) are not due and payable, however, until (i) the |
| 7 | | methodologies described in this paragraph are approved by |
| 8 | | the federal government in an appropriate State Plan |
| 9 | | amendment and (ii) the assessment imposed by Section 5B-2 |
| 10 | | of this Code is determined to be a permissible tax under |
| 11 | | Title XIX of the Social Security Act. |
| 12 | | Notwithstanding any other provision of this Section, for |
| 13 | | facilities licensed by the Department of Public Health under |
| 14 | | the Nursing Home Care Act as skilled nursing facilities or |
| 15 | | intermediate care facilities, the support component of the |
| 16 | | rates taking effect on January 1, 2008 shall be computed using |
| 17 | | the most recent cost reports on file with the Department of |
| 18 | | Healthcare and Family Services no later than April 1, 2005, |
| 19 | | updated for inflation to January 1, 2006. |
| 20 | | For facilities licensed by the Department of Public Health |
| 21 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 22 | | Developmentally Disabled
facilities or Long Term Care for |
| 23 | | Under Age 22 facilities, the rates taking
effect on April 1, |
| 24 | | 2002 shall include a statewide increase of 2.0%, as
defined by |
| 25 | | the Department.
This increase terminates on July 1, 2002;
|
| 26 | | beginning July 1, 2002 these rates are reduced to the level of |
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| 1 | | the rates
in effect on March 31, 2002, as defined by the |
| 2 | | Department.
|
| 3 | | For facilities licensed by the Department of Public Health |
| 4 | | under the
Nursing Home Care Act as skilled nursing facilities |
| 5 | | or intermediate care
facilities, the rates taking effect on |
| 6 | | July 1, 2001 shall be computed using the most recent cost |
| 7 | | reports
on file with the Department of Public Aid no later than |
| 8 | | April 1, 2000,
updated for inflation to January 1, 2001. For |
| 9 | | rates effective July 1, 2001
only, rates shall be the greater |
| 10 | | of the rate computed for July 1, 2001
or the rate effective on |
| 11 | | June 30, 2001.
|
| 12 | | Notwithstanding any other provision of this Section, for |
| 13 | | facilities
licensed by the Department of Public Health under |
| 14 | | the Nursing Home Care Act
as skilled nursing facilities or |
| 15 | | intermediate care facilities, the Illinois
Department shall |
| 16 | | determine by rule the rates taking effect on July 1, 2002,
|
| 17 | | which shall be 5.9% less than the rates in effect on June 30, |
| 18 | | 2002.
|
| 19 | | Notwithstanding any other provision of this Section, for |
| 20 | | facilities
licensed by the Department of Public Health under |
| 21 | | the Nursing Home Care Act as
skilled nursing
facilities or |
| 22 | | intermediate care facilities, if the payment methodologies |
| 23 | | required under Section 5A-12 and the waiver granted under 42 |
| 24 | | CFR 433.68 are approved by the United States Centers for |
| 25 | | Medicare and Medicaid Services, the rates taking effect on |
| 26 | | July 1, 2004 shall be 3.0% greater than the rates in effect on |
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| 1 | | June 30, 2004. These rates shall take
effect only upon |
| 2 | | approval and
implementation of the payment methodologies |
| 3 | | required under Section 5A-12.
|
| 4 | | Notwithstanding any other provisions of this Section, for |
| 5 | | facilities licensed by the Department of Public Health under |
| 6 | | the Nursing Home Care Act as skilled nursing facilities or |
| 7 | | intermediate care facilities, the rates taking effect on |
| 8 | | January 1, 2005 shall be 3% more than the rates in effect on |
| 9 | | December 31, 2004.
|
| 10 | | Notwithstanding any other provision of this Section, for |
| 11 | | facilities licensed by the Department of Public Health under |
| 12 | | the Nursing Home Care Act as skilled nursing facilities or |
| 13 | | intermediate care facilities, effective January 1, 2009, the |
| 14 | | per diem support component of the rates effective on January |
| 15 | | 1, 2008, computed using the most recent cost reports on file |
| 16 | | with the Department of Healthcare and Family Services no later |
| 17 | | than April 1, 2005, updated for inflation to January 1, 2006, |
| 18 | | shall be increased to the amount that would have been derived |
| 19 | | using standard Department of Healthcare and Family Services |
| 20 | | methods, procedures, and inflators. |
| 21 | | Notwithstanding any other provisions of this Section, for |
| 22 | | facilities licensed by the Department of Public Health under |
| 23 | | the Nursing Home Care Act as intermediate care facilities that |
| 24 | | are federally defined as Institutions for Mental Disease, or |
| 25 | | facilities licensed by the Department of Public Health under |
| 26 | | the Specialized Mental Health Rehabilitation Act of 2013, a |
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| 1 | | socio-development component rate equal to 6.6% of the |
| 2 | | facility's nursing component rate as of January 1, 2006 shall |
| 3 | | be established and paid effective July 1, 2006. The |
| 4 | | socio-development component of the rate shall be increased by |
| 5 | | a factor of 2.53 on the first day of the month that begins at |
| 6 | | least 45 days after January 11, 2008 (the effective date of |
| 7 | | Public Act 95-707). As of August 1, 2008, the |
| 8 | | socio-development component rate shall be equal to 6.6% of the |
| 9 | | facility's nursing component rate as of January 1, 2006, |
| 10 | | multiplied by a factor of 3.53. For services provided on or |
| 11 | | after April 1, 2011, or the first day of the month that begins |
| 12 | | at least 45 days after February 16, 2011 (the effective date of |
| 13 | | Public Act 96-1530) this amendatory Act of the 96th General |
| 14 | | Assembly, whichever is later, the Illinois Department may by |
| 15 | | rule adjust these socio-development component rates, and may |
| 16 | | use different adjustment methodologies for those facilities |
| 17 | | participating, and those not participating, in the Illinois |
| 18 | | Department's demonstration program pursuant to the provisions |
| 19 | | of Title 77, Part 300, Subpart T of the Illinois |
| 20 | | Administrative Code, but in no case may such rates be |
| 21 | | diminished below those in effect on August 1, 2008.
|
| 22 | | For facilities
licensed
by the
Department of Public Health |
| 23 | | under the Nursing Home Care Act as Intermediate
Care for
the |
| 24 | | Developmentally Disabled facilities or as long-term care |
| 25 | | facilities for
residents under 22 years of age, the rates |
| 26 | | taking effect on July 1,
2003 shall
include a statewide |
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| 1 | | increase of 4%, as defined by the Department.
|
| 2 | | For facilities licensed by the Department of Public Health |
| 3 | | under the
Nursing Home Care Act as Intermediate Care for the |
| 4 | | Developmentally Disabled
facilities or Long Term Care for |
| 5 | | Under Age 22 facilities, the rates taking
effect on the first |
| 6 | | day of the month that begins at least 45 days after January 11, |
| 7 | | 2008 (the effective date of Public Act 95-707) this amendatory |
| 8 | | Act of the 95th General Assembly shall include a statewide |
| 9 | | increase of 2.5%, as
defined by the Department. |
| 10 | | Notwithstanding any other provision of this Section, for |
| 11 | | facilities licensed by the Department of Public Health under |
| 12 | | the Nursing Home Care Act as skilled nursing facilities or |
| 13 | | intermediate care facilities, effective January 1, 2005, |
| 14 | | facility rates shall be increased by the difference between |
| 15 | | (i) a facility's per diem property, liability, and malpractice |
| 16 | | insurance costs as reported in the cost report filed with the |
| 17 | | Department of Public Aid and used to establish rates effective |
| 18 | | July 1, 2001 and (ii) those same costs as reported in the |
| 19 | | facility's 2002 cost report. These costs shall be passed |
| 20 | | through to the facility without caps or limitations, except |
| 21 | | for adjustments required under normal auditing procedures.
|
| 22 | | Rates established effective each July 1 shall govern |
| 23 | | payment
for services rendered throughout that fiscal year, |
| 24 | | except that rates
established on July 1, 1996 shall be |
| 25 | | increased by 6.8% for services
provided on or after January 1, |
| 26 | | 1997. Such rates will be based
upon the rates calculated for |
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| 1 | | the year beginning July 1, 1990, and for
subsequent years |
| 2 | | thereafter until June 30, 2001 shall be based on the
facility |
| 3 | | cost reports
for the facility fiscal year ending at any point |
| 4 | | in time during the previous
calendar year, updated to the |
| 5 | | midpoint of the rate year. The cost report
shall be on file |
| 6 | | with the Department no later than April 1 of the current
rate |
| 7 | | year. Should the cost report not be on file by April 1, the |
| 8 | | Department
shall base the rate on the latest cost report filed |
| 9 | | by each skilled care
facility and intermediate care facility, |
| 10 | | updated to the midpoint of the
current rate year. In |
| 11 | | determining rates for services rendered on and after
July 1, |
| 12 | | 1985, fixed time shall not be computed at less than zero. The
|
| 13 | | Department shall not make any alterations of regulations which |
| 14 | | would reduce
any component of the Medicaid rate to a level |
| 15 | | below what that component would
have been utilizing in the |
| 16 | | rate effective on July 1, 1984.
|
| 17 | | (2) Shall take into account the actual costs incurred by |
| 18 | | facilities
in providing services for recipients of skilled |
| 19 | | nursing and intermediate
care services under the medical |
| 20 | | assistance program.
|
| 21 | | (3) Shall take into account the medical and psycho-social
|
| 22 | | characteristics and needs of the patients.
|
| 23 | | (4) Shall take into account the actual costs incurred by |
| 24 | | facilities in
meeting licensing and certification standards |
| 25 | | imposed and prescribed by the
State of Illinois, any of its |
| 26 | | political subdivisions or municipalities and by
the U.S. |
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| 1 | | Department of Health and Human Services pursuant to Title XIX |
| 2 | | of the
Social Security Act.
|
| 3 | | The Department of Healthcare and Family Services
shall |
| 4 | | develop precise standards for
payments to reimburse nursing |
| 5 | | facilities for any utilization of
appropriate rehabilitative |
| 6 | | personnel for the provision of rehabilitative
services which |
| 7 | | is authorized by federal regulations, including
reimbursement |
| 8 | | for services provided by qualified therapists or qualified
|
| 9 | | assistants, and which is in accordance with accepted |
| 10 | | professional
practices. Reimbursement also may be made for |
| 11 | | utilization of other
supportive personnel under appropriate |
| 12 | | supervision.
|
| 13 | | The Department shall develop enhanced payments to offset |
| 14 | | the additional costs incurred by a
facility serving |
| 15 | | exceptional need residents and shall allocate at least |
| 16 | | $4,000,000 of the funds
collected from the assessment |
| 17 | | established by Section 5B-2 of this Code for such payments. |
| 18 | | For
the purpose of this Section, "exceptional needs" means, |
| 19 | | but need not be limited to, ventilator care and traumatic |
| 20 | | brain injury care. The enhanced payments for exceptional need |
| 21 | | residents under this paragraph are not due and payable, |
| 22 | | however, until (i) the methodologies described in this |
| 23 | | paragraph are approved by the federal government in an |
| 24 | | appropriate State Plan amendment and (ii) the assessment |
| 25 | | imposed by Section 5B-2 of this Code is determined to be a |
| 26 | | permissible tax under Title XIX of the Social Security Act. |
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| 1 | | Beginning January 1, 2014 the methodologies for |
| 2 | | reimbursement of nursing facility services as provided under |
| 3 | | this Section 5-5.4 shall no longer be applicable for services |
| 4 | | provided on or after January 1, 2014. |
| 5 | | No payment increase under this Section for the MDS |
| 6 | | methodology, exceptional care residents, or the |
| 7 | | socio-development component rate established by Public Act |
| 8 | | 96-1530 of the 96th General Assembly and funded by the |
| 9 | | assessment imposed under Section 5B-2 of this Code shall be |
| 10 | | due and payable until after the Department notifies the |
| 11 | | long-term care providers, in writing, that the payment |
| 12 | | methodologies to long-term care providers required under this |
| 13 | | Section have been approved by the Centers for Medicare and |
| 14 | | Medicaid Services of the U.S. Department of Health and Human |
| 15 | | Services and the waivers under 42 CFR 433.68 for the |
| 16 | | assessment imposed by this Section, if necessary, have been |
| 17 | | granted by the Centers for Medicare and Medicaid Services of |
| 18 | | the U.S. Department of Health and Human Services. Upon |
| 19 | | notification to the Department of approval of the payment |
| 20 | | methodologies required under this Section and the waivers |
| 21 | | granted under 42 CFR 433.68, all increased payments otherwise |
| 22 | | due under this Section prior to the date of notification shall |
| 23 | | be due and payable within 90 days of the date federal approval |
| 24 | | is received. |
| 25 | | On and after July 1, 2012, the Department shall reduce any |
| 26 | | rate of reimbursement for services or other payments or alter |
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| 1 | | any methodologies authorized by this Code to reduce any rate |
| 2 | | of reimbursement for services or other payments in accordance |
| 3 | | with Section 5-5e. |
| 4 | | For facilities licensed by the Department of Public Health |
| 5 | | under the ID/DD Community Care Act as ID/DD Facilities and |
| 6 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
| 7 | | approval, the rates taking effect for services delivered on or |
| 8 | | after August 1, 2019 shall be increased by 3.5% over the rates |
| 9 | | in effect on June 30, 2019. The Department shall adopt rules, |
| 10 | | including emergency rules under subsection (ii) of Section |
| 11 | | 5-45 of the Illinois Administrative Procedure Act, to |
| 12 | | implement the provisions of this Section, including wage |
| 13 | | increases for direct care staff. |
| 14 | | For facilities licensed by the Department of Public Health |
| 15 | | under the ID/DD Community Care Act as ID/DD Facilities and |
| 16 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
| 17 | | approval, the rates taking effect on the latter of the |
| 18 | | approval date of the State Plan Amendment for these facilities |
| 19 | | or the Waiver Amendment for the home and community-based |
| 20 | | services settings shall include an increase sufficient to |
| 21 | | provide a $0.26 per hour wage increase to the base wage for |
| 22 | | non-executive staff. The Department shall adopt rules, |
| 23 | | including emergency rules as authorized by Section 5-45 of the |
| 24 | | Illinois Administrative Procedure Act, to implement the |
| 25 | | provisions of
this Section, including wage increases for |
| 26 | | direct care staff. |
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| | 10300HB3817sam003 | - 490 - | LRB103 30519 JDS 62537 a |
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| 1 | | For facilities licensed by the Department of Public Health |
| 2 | | under the ID/DD Community Care Act as ID/DD Facilities and |
| 3 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
| 4 | | approval of the State Plan Amendment and the Waiver Amendment |
| 5 | | for the home and community-based services settings, the rates |
| 6 | | taking effect for the services delivered on or after July 1, |
| 7 | | 2020 shall include an increase sufficient to provide a $1.00 |
| 8 | | per hour wage increase for non-executive staff. For services |
| 9 | | delivered on or after January 1, 2021, subject to federal |
| 10 | | approval of the State Plan Amendment and the Waiver Amendment |
| 11 | | for the home and community-based services settings, shall |
| 12 | | include an increase sufficient to provide a $0.50 per hour |
| 13 | | increase for non-executive staff. The Department shall adopt |
| 14 | | rules, including emergency rules as authorized by Section 5-45 |
| 15 | | of the Illinois Administrative Procedure Act, to implement the |
| 16 | | provisions of this Section, including wage increases for |
| 17 | | direct care staff. |
| 18 | | For facilities licensed by the Department of Public Health |
| 19 | | under the ID/DD Community Care Act as ID/DD Facilities and |
| 20 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
| 21 | | approval of the State Plan Amendment, the rates taking effect |
| 22 | | for the residential services delivered on or after July 1, |
| 23 | | 2021, shall include an increase sufficient to provide a $0.50 |
| 24 | | per hour increase for aides in the rate methodology. For |
| 25 | | facilities licensed by the Department of Public Health under |
| 26 | | the ID/DD Community Care Act as ID/DD Facilities and under the |
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| 1 | | MC/DD Act as MC/DD Facilities, subject to federal approval of |
| 2 | | the State Plan Amendment, the rates taking effect for the |
| 3 | | residential services delivered on or after January 1, 2022 |
| 4 | | shall include an increase sufficient to provide a $1.00 per |
| 5 | | hour increase for aides in the rate methodology. In addition, |
| 6 | | for residential services delivered on or after January 1, 2022 |
| 7 | | such rates shall include an increase sufficient to provide |
| 8 | | wages for all residential non-executive direct care staff, |
| 9 | | excluding aides, at the federal Department of Labor, Bureau of |
| 10 | | Labor Statistics' average wage as defined in rule by the |
| 11 | | Department. The Department shall adopt rules, including |
| 12 | | emergency rules as authorized by Section 5-45 of the Illinois |
| 13 | | Administrative Procedure Act, to implement the provisions of |
| 14 | | this Section. |
| 15 | | For facilities licensed by the Department of Public Health |
| 16 | | under the ID/DD Community Care Act as ID/DD facilities and |
| 17 | | under the MC/DD Act as MC/DD facilities, subject to federal |
| 18 | | approval of the State Plan Amendment, the rates taking effect |
| 19 | | for services delivered on or after January 1, 2023, shall |
| 20 | | include a $1.00 per hour wage increase for all direct support |
| 21 | | personnel and all other frontline personnel who are not |
| 22 | | subject to the Bureau of Labor Statistics' average wage |
| 23 | | increases, who work in residential and community day services |
| 24 | | settings, with at least $0.50 of those funds to be provided as |
| 25 | | a direct increase to all aide base wages, with the remaining |
| 26 | | $0.50 to be used flexibly for base wage increases to the rate |
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| 1 | | methodology for aides. In addition, for residential services |
| 2 | | delivered on or after January 1, 2023 the rates shall include |
| 3 | | an increase sufficient to provide wages for all residential |
| 4 | | non-executive direct care staff, excluding aides, at the |
| 5 | | federal Department of Labor, Bureau of Labor Statistics' |
| 6 | | average wage as determined by the Department. Also, for |
| 7 | | services delivered on or after January 1, 2023, the rates will |
| 8 | | include adjustments to employment-related expenses as defined |
| 9 | | in rule by the Department. The Department shall adopt rules, |
| 10 | | including emergency rules as authorized by Section 5-45 of the |
| 11 | | Illinois Administrative Procedure Act, to implement the |
| 12 | | provisions of this Section. |
| 13 | | For facilities licensed by the Department of Public Health |
| 14 | | under the ID/DD Community Care Act as ID/DD facilities and |
| 15 | | under the MC/DD Act as MC/DD facilities, subject to federal |
| 16 | | approval of the State Plan Amendment, the rates taking effect |
| 17 | | for services delivered on or after January 1, 2024 shall |
| 18 | | include a $2.50 per hour wage increase for all direct support |
| 19 | | personnel and all other frontline personnel who are not |
| 20 | | subject to the Bureau of Labor Statistics' average wage |
| 21 | | increases and who work in residential and community day |
| 22 | | services settings. At least $1.25 of the per hour wage |
| 23 | | increase shall be provided as a direct increase to all aide |
| 24 | | base wages, and the remaining $1.25 of the per hour wage |
| 25 | | increase shall be used flexibly for base wage increases to the |
| 26 | | rate methodology for aides. In addition, for residential |
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| 1 | | services delivered on or after January 1, 2024, the rates |
| 2 | | shall include an increase sufficient to provide wages for all |
| 3 | | residential non-executive direct care staff, excluding aides, |
| 4 | | at the federal Department of Labor, Bureau of Labor |
| 5 | | Statistics' average wage as determined by the Department. |
| 6 | | Also, for services delivered on or after January 1, 2024, the |
| 7 | | rates will include adjustments to employment-related expenses |
| 8 | | as defined in rule by the Department. The Department shall |
| 9 | | adopt rules, including emergency rules as authorized by |
| 10 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
| 11 | | implement the provisions of this Section. |
| 12 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 13 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
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| 14 | | (305 ILCS 5/5-5.7a) |
| 15 | | Sec. 5-5.7a. Pandemic related stability payments for |
| 16 | | health care providers. Notwithstanding other provisions of |
| 17 | | law, and in accordance with the Illinois Emergency Management |
| 18 | | Agency, the Department of Healthcare and Family Services shall |
| 19 | | develop a process to distribute pandemic related stability |
| 20 | | payments, from federal sources dedicated for such purposes, to |
| 21 | | health care providers that are providing care to recipients |
| 22 | | under the Medical Assistance Program. For provider types |
| 23 | | serving residents who are recipients of medical assistance |
| 24 | | under this Code and are funded by other State agencies, the |
| 25 | | Department will coordinate the distribution process of the |
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| 1 | | pandemic related stability payments. Federal sources dedicated |
| 2 | | to pandemic related payments include, but are not limited to, |
| 3 | | funds distributed to the State of Illinois from the |
| 4 | | Coronavirus Relief Fund pursuant to the Coronavirus Aid, |
| 5 | | Relief, and Economic Security Act ("CARES Act") and from the |
| 6 | | Coronavirus State Fiscal Recovery Fund pursuant to Section |
| 7 | | 9901 of the American Rescue Plan Act of 2021, that are |
| 8 | | appropriated to the Department during Fiscal Years 2020, 2021, |
| 9 | | and 2022 for purposes permitted by those federal laws and |
| 10 | | related federal guidance. |
| 11 | | (1) Pandemic related stability payments for these |
| 12 | | providers shall be separate and apart from any rate |
| 13 | | methodology otherwise defined in this Code to the extent |
| 14 | | permitted in accordance with Section 5001 of the CARES Act |
| 15 | | and Section 9901 of the American Rescue Plan Act of 2021 |
| 16 | | and any related federal guidance. |
| 17 | | (2) Payments made from moneys received from the |
| 18 | | Coronavirus Relief Fund shall be used exclusively for |
| 19 | | expenses incurred by the providers that are eligible for |
| 20 | | reimbursement from the Coronavirus Relief Fund in |
| 21 | | accordance with Section 5001 of the CARES Act and related |
| 22 | | federal guidance. Payments made from moneys received from |
| 23 | | the Coronavirus State Fiscal Recovery Fund shall be used |
| 24 | | exclusively for purposes permitted by Section 9901 of the |
| 25 | | American Rescue Plan Act of 2021 and related federal |
| 26 | | guidance. |
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| 1 | | (3) All providers receiving pandemic related stability |
| 2 | | payments shall attest in a format to be created by the |
| 3 | | Department and be able to demonstrate that their expenses |
| 4 | | are pandemic related, were not part of their annual |
| 5 | | budgets established before March 1, 2020. |
| 6 | | (4) Pandemic related stability payments will be |
| 7 | | distributed based on a schedule and framework to be |
| 8 | | established by the Department with recognition of the |
| 9 | | pandemic related acuity of the situation for each |
| 10 | | provider, taking into account the factors including, but |
| 11 | | not limited to, the following: |
| 12 | | (A) the impact of the pandemic on patients served, |
| 13 | | impact on staff, and shortages of the personal |
| 14 | | protective equipment necessary for infection control |
| 15 | | efforts for all providers; |
| 16 | | (B) COVID-19 positivity rates among staff, or |
| 17 | | patients, or both; |
| 18 | | (C) pandemic related workforce challenges and |
| 19 | | costs associated with temporary wage increases |
| 20 | | associated with pandemic related hazard pay programs, |
| 21 | | or costs associated with which providers do not have |
| 22 | | enough staff to adequately provide care and protection |
| 23 | | to the residents and other staff; |
| 24 | | (D) providers with significant reductions in |
| 25 | | utilization that result in corresponding reductions in |
| 26 | | revenue as a result of the pandemic, including, but |
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| 1 | | not limited to, the cancellation or postponement of |
| 2 | | elective procedures and visits; |
| 3 | | (E) pandemic related payments received directly by |
| 4 | | the providers through other federal resources; |
| 5 | | (F) current efforts to respond to and provide |
| 6 | | services to communities disproportionately impacted by |
| 7 | | the COVID-19 public health emergency, including |
| 8 | | low-income and socially vulnerable communities that |
| 9 | | have seen the most severe health impacts and |
| 10 | | exacerbated health inequities along racial, ethnic, |
| 11 | | and socioeconomic lines; and |
| 12 | | (G) provider needs for capital improvements to |
| 13 | | existing facilities, including upgrades to HVAC and |
| 14 | | ventilation systems and capital improvements for |
| 15 | | enhancing infection control or reducing crowding, |
| 16 | | which may include bed-buybacks. |
| 17 | | (5) Pandemic related stability payments made from |
| 18 | | moneys received from the Coronavirus Relief Fund will be |
| 19 | | distributed to providers based on a methodology to be |
| 20 | | administered by the Department with amounts determined by |
| 21 | | a calculation of total federal pandemic related funds |
| 22 | | appropriated by the Illinois General Assembly for this |
| 23 | | purpose. Providers receiving the pandemic related |
| 24 | | stability payments will attest to their increased costs, |
| 25 | | declining revenues, and receipt of additional pandemic |
| 26 | | related funds directly from the federal government. |
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| 1 | | (6) Of the payments provided for by this Section made |
| 2 | | from moneys received from the Coronavirus Relief Fund, a |
| 3 | | minimum of 30% shall be allotted for health care providers |
| 4 | | that serve the ZIP codes located in the most |
| 5 | | disproportionately impacted areas of Illinois, based on |
| 6 | | positive COVID-19 cases based on data collected by the |
| 7 | | Department of Public Health and provided to the Department |
| 8 | | of Healthcare and Family Services. |
| 9 | | (7) From funds appropriated, directly or indirectly, |
| 10 | | from moneys received by the State from the Coronavirus |
| 11 | | State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, |
| 12 | | the Department shall expend such funds only for purposes |
| 13 | | permitted by Section 9901 of the American Rescue Plan Act |
| 14 | | of 2021 and related federal guidance. Such expenditures |
| 15 | | may include, but are not limited to: payments to providers |
| 16 | | for costs incurred due to the COVID-19 public health |
| 17 | | emergency; unreimbursed costs for testing and treatment of |
| 18 | | uninsured Illinois residents; costs of COVID-19 mitigation |
| 19 | | and prevention; medical expenses related to aftercare or |
| 20 | | extended care for COVID-19 patients with longer term |
| 21 | | symptoms and effects; costs of behavioral health care; |
| 22 | | costs of public health and safety staff; and expenditures |
| 23 | | permitted in order to address (i) disparities in public |
| 24 | | health outcomes, (ii) nursing and other essential health |
| 25 | | care workforce investments, (iii) exacerbation of |
| 26 | | pre-existing disparities, and (iv) promoting healthy |
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| 1 | | childhood environments. |
| 2 | | (8) From funds appropriated, directly or indirectly, |
| 3 | | from moneys received by the State from the Coronavirus |
| 4 | | State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, |
| 5 | | the Department shall establish a program for making |
| 6 | | payments to long term care service providers and |
| 7 | | facilities, for purposes related to financial support for |
| 8 | | workers in the long term care industry, but only as |
| 9 | | permitted by either the CARES Act or Section 9901 of the |
| 10 | | American Rescue Plan Act of 2021 and related federal |
| 11 | | guidance, including, but not limited to the following: |
| 12 | | monthly amounts of $25,000,000 per month for July 2021, |
| 13 | | August 2021, and September 2021 where at least 50% of the |
| 14 | | funds in July shall be passed directly to front line |
| 15 | | workers and an additional 12.5% more in each of the next 2 |
| 16 | | months; financial support programs for providers enhancing |
| 17 | | direct care staff recruitment efforts through the payment |
| 18 | | of education expenses; and financial support programs for |
| 19 | | providers offering enhanced and expanded training for all |
| 20 | | levels of the long term care healthcare workforce to |
| 21 | | achieve better patient outcomes, such as training on |
| 22 | | infection control, proper personal protective equipment, |
| 23 | | best practices in quality of care, and culturally |
| 24 | | competent patient communications. The Department shall |
| 25 | | have the authority to audit and potentially recoup funds |
| 26 | | not utilized as outlined and attested. |
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| 1 | | (8.5) From funds appropriated, directly or indirectly, |
| 2 | | from moneys received by the State from the Coronavirus |
| 3 | | State Fiscal Recovery Fund, the Department shall establish |
| 4 | | a grant program to provide premium pay and retention |
| 5 | | incentives to front line workers at facilities licensed by |
| 6 | | the Department of Public Health under the Nursing Home |
| 7 | | Care Act as skilled nursing facilities or intermediate |
| 8 | | care facilities. |
| 9 | | (A) Awards pursuant to this program shall comply |
| 10 | | with the requirements of Section 9901 of the American |
| 11 | | Rescue Plan Act of 2021 and all related federal |
| 12 | | guidance. Awards shall be scaled based on a process |
| 13 | | determined by the Department. The amount awarded to |
| 14 | | each recipient shall not exceed $3.17 per nursing |
| 15 | | hour. Awards shall be for eligible expenditures |
| 16 | | incurred no earlier than May 1, 2022 and no later than |
| 17 | | June 30, 2023. |
| 18 | | (B) Financial assistance under this paragraph |
| 19 | | (8.5) shall be expended only for: |
| 20 | | (i) premium pay for eligible workers, which |
| 21 | | must be in addition to any wages or remuneration |
| 22 | | the eligible worker has already received and shall |
| 23 | | be subject to the other requirements and |
| 24 | | limitations set forth in the American Rescue Plan |
| 25 | | Act of 2021 and related federal guidance; and |
| 26 | | (ii) retention incentives paid to eligible
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| 1 | | workers that are necessary for the facility to |
| 2 | | respond to the impacts of the public health |
| 3 | | emergency. |
| 4 | | (C) Upon receipt of funds, recipients shall |
| 5 | | distribute funds such that eligible workers receive an |
| 6 | | amount up to $13 per hour but no more than $25,000 for |
| 7 | | the duration of the program. Recipients shall provide |
| 8 | | a written certification to the Department |
| 9 | | acknowledging compliance with this paragraph. |
| 10 | | (D) No portion of these funds shall be spent on |
| 11 | | volunteer or temporary staff, and these funds shall |
| 12 | | not be used to make retroactive premium payments |
| 13 | | before the effective date of this amendatory Act of |
| 14 | | the 102nd General Assembly. |
| 15 | | (E) The Department shall require each recipient |
| 16 | | under this paragraph to submit appropriate |
| 17 | | documentation acknowledging compliance with State and |
| 18 | | federal law.
For purposes of this paragraph, "eligible |
| 19 | | worker" means a permanent staff member, regardless of |
| 20 | | union affiliation, of a facility licensed by the |
| 21 | | Department of Public Health under the Nursing Home |
| 22 | | Care Act as a skilled nursing facility or intermediate |
| 23 | | care facility engaged in "essential work", as defined |
| 24 | | by Section 9901 of the American Rescue Plan Act of 2021 |
| 25 | | and related federal guidance, and (1) whose total pay |
| 26 | | is below 150% of the average annual wage for all |
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| 1 | | occupations in the worker's county of residence, as |
| 2 | | defined by the Bureau of Labor Statistics Occupational |
| 3 | | Employment and Wage Statistics, or (2) is not exempt |
| 4 | | from the federal Fair Labor Standards Act overtime |
| 5 | | provisions. |
| 6 | | (9) From funds appropriated, directly or indirectly, |
| 7 | | from moneys received by the State from the Coronavirus |
| 8 | | State Fiscal Recovery Fund for Fiscal Years 2022 through |
| 9 | | 2024 the Department shall establish programs for making |
| 10 | | payments to facilities licensed under the Nursing Home |
| 11 | | Care Act and facilities licensed under the Specialized |
| 12 | | Mental Health Rehabilitation Act of 2013. To the extent |
| 13 | | permitted by Section 9901 of the American Rescue Plan Act |
| 14 | | of 2021 and related federal guidance, the programs shall |
| 15 | | provide: |
| 16 | | (A) Payments for making permanent improvements to |
| 17 | | resident rooms in order to improve resident outcomes |
| 18 | | and infection control. Funds may be used to reduce bed |
| 19 | | capacity and room occupancy. To be eligible for |
| 20 | | funding, a facility must submit an application to the |
| 21 | | Department as prescribed by the Department and as |
| 22 | | published on its website. A facility may need to |
| 23 | | receive approval from the Health Facilities and |
| 24 | | Services Review Board for the permanent improvements |
| 25 | | or the removal of the beds before it can receive |
| 26 | | payment under this paragraph.
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| 1 | | (B) Payments to reimburse facilities licensed by |
| 2 | | the Department of Public Health under the Nursing Home |
| 3 | | Care Act as skilled nursing facilities or intermediate |
| 4 | | care facilities for eligible expenses related to the |
| 5 | | public health impacts of the COVID-19 public health |
| 6 | | emergency, including, but not limited to, costs |
| 7 | | related to COVID-19 testing for residents, COVID-19 |
| 8 | | prevention and treatment equipment, medical supplies, |
| 9 | | and personal protective equipment. |
| 10 | | (i) Awards made pursuant to this program shall |
| 11 | | comply with the requirements of Section 9901 of |
| 12 | | the American Rescue Plan Act of 2021 and all |
| 13 | | related federal guidance. The amount awarded to |
| 14 | | each recipient shall not exceed $1.71 per nursing |
| 15 | | hour. Permissible expenditures must be made no |
| 16 | | earlier than May 1, 2022 and no later than June 30, |
| 17 | | 2023. |
| 18 | | (ii) Financial assistance pursuant to this |
| 19 | | paragraph shall not be expended for premium pay. |
| 20 | | (iii) The Department shall require each |
| 21 | | recipient under this paragraph to submit |
| 22 | | appropriate documentation acknowledging |
| 23 | | compliance with State and federal law. |
| 24 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 25 | | 102-687, eff. 12-17-21; 102-699, eff. 4-19-22.)
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| 1 | | (305 ILCS 5/9A-17 new) |
| 2 | | Sec. 9A-17. Smart Start Child Care Program. Subject to |
| 3 | | appropriation, the Department of Human Services shall |
| 4 | | establish the Smart Start Child Care Program. The Smart Start |
| 5 | | Child Care Program shall focus on creating affordable child |
| 6 | | care, as well as increasing access to child care, for Illinois |
| 7 | | residents and may include, but is not limited to, providing |
| 8 | | funding to increase preschool availability, providing funding |
| 9 | | for childcare workforce compensation or capital investments, |
| 10 | | and expanding funding for Early Childhood Access Consortium |
| 11 | | for Equity Scholarships. The Department shall establish |
| 12 | | program eligibility criteria, participation conditions, |
| 13 | | payment levels, and other program requirements by rule. The |
| 14 | | Department of Human Services may consult with the Capital |
| 15 | | Development Board, the Department of Commerce and Economic |
| 16 | | Opportunity, and the Illinois Housing Development Authority in |
| 17 | | the management and disbursement of funds for capital-related |
| 18 | | projects. The Capital Development Board, the Department of |
| 19 | | Commerce and Economic Opportunity, and the Illinois Housing |
| 20 | | Development Authority shall act in a consulting role only for |
| 21 | | the evaluation of applicants, scoring of applicants, or |
| 22 | | administration of the grant program.
|
| 23 | | (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
|
| 24 | | Sec. 12-4.11. Grant amounts. The Department,
with due |
| 25 | | regard for and subject to budgetary limitations, shall |
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| 1 | | establish
grant amounts for each of the programs, by |
| 2 | | regulation. The grant amounts may
vary by program, size of |
| 3 | | assistance unit and geographic area. Grant amounts under the |
| 4 | | Temporary Assistance for Needy Families (TANF) program may not |
| 5 | | vary on the basis of a TANF recipient's county of residence.
|
| 6 | | Aid payments shall not be reduced except: (1) for changes |
| 7 | | in the cost of
items included in the grant amounts, or (2) for |
| 8 | | changes in the expenses of the
recipient, or (3) for changes in |
| 9 | | the income or resources available to the
recipient, or (4) for |
| 10 | | changes in grants resulting from adoption of a
consolidated |
| 11 | | grant amount.
|
| 12 | | The maximum benefit levels provided to TANF recipients |
| 13 | | shall increase as follows: beginning October 1, 2023 2018, the |
| 14 | | Department of Human Services shall increase TANF grant amounts |
| 15 | | in effect on September 30, 2023 2018 to at least 35% 30% of the |
| 16 | | most recent United States Department of Health and Human |
| 17 | | Services Federal Poverty Guidelines for each family size. |
| 18 | | Beginning October 1, 2024 2019, and each October 1 thereafter, |
| 19 | | the maximum benefit levels shall be annually adjusted to |
| 20 | | remain equal to at least 35% 30% of the most recent poverty |
| 21 | | guidelines updated periodically in the Federal Register by the |
| 22 | | U.S. Department
of Health and Human Services under the |
| 23 | | authority of 42 U.S.C. 9902(2) for each family size. |
| 24 | | TANF grants for child-only assistance units shall be at |
| 25 | | least 75% of TANF grants for assistance units of the same size |
| 26 | | that consist of a caretaker relative with children. |
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| 1 | | In fixing standards to govern payments or reimbursements |
| 2 | | for funeral
and burial expenses, the Department shall |
| 3 | | establish a minimum allowable
amount of
not less than
$1,000 |
| 4 | | for Department payment of funeral services and not less than |
| 5 | | $500 for
Department payment of burial or cremation services. |
| 6 | | On January 1, 2006, July 1, 2006, and July 1, 2007, the |
| 7 | | Department shall increase the minimum reimbursement amount for |
| 8 | | funeral and burial expenses under this Section by a percentage |
| 9 | | equal to the percentage increase in the Consumer Price Index |
| 10 | | for All Urban Consumers, if any, during the 12 months |
| 11 | | immediately preceding that January 1 or July 1. In |
| 12 | | establishing the minimum
allowable
amount, the Department |
| 13 | | shall take into account the services
essential to a dignified, |
| 14 | | low-cost (i) funeral and (ii) burial or
cremation, including |
| 15 | | reasonable
amounts that may be necessary for
burial space and |
| 16 | | cemetery charges, and any applicable taxes or other
required |
| 17 | | governmental fees or charges. If no
person has agreed to pay |
| 18 | | the total cost of the (i) funeral and
(ii) burial or cremation
|
| 19 | | charges, the Department shall pay the vendor the actual costs |
| 20 | | of the (i)
funeral
and
(ii) burial or cremation, or the minimum |
| 21 | | allowable amount for each service as
established by
the |
| 22 | | Department, whichever is less, provided that the Department |
| 23 | | reduces its
payments by
the amount available from the |
| 24 | | following sources: the decedent's assets
and
available |
| 25 | | resources and the anticipated amounts of any death benefits |
| 26 | | available
to the
decedent's estate, and amounts paid and |
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| 1 | | arranged to be paid by the
decedent's legally
responsible |
| 2 | | relatives. A legally responsible relative is expected to pay
|
| 3 | | (i) funeral and (ii) burial
or cremation expenses unless |
| 4 | | financially unable to do so.
|
| 5 | | Nothing contained in this Section or in any other Section |
| 6 | | of this
Code shall be construed to prohibit the Illinois |
| 7 | | Department (1) from
consolidating existing standards on the |
| 8 | | basis of any standards which are
or were in effect on, or |
| 9 | | subsequent to July 1, 1969, or (2) from
employing any |
| 10 | | consolidated standards in determining need for public
aid and |
| 11 | | the amount of money payment or grant for individual recipients
|
| 12 | | or recipient families.
|
| 13 | | (Source: P.A. 100-587, eff. 6-4-18; 101-103, eff. 7-19-19.)
|
| 14 | | ARTICLE 20.
|
| 15 | | Section 20-5. The State Finance Act is amended by changing |
| 16 | | Sections 12 and 12-2 as follows:
|
| 17 | | (30 ILCS 105/12) (from Ch. 127, par. 148)
|
| 18 | | Sec. 12.
Each voucher for traveling expenses shall |
| 19 | | indicate the
purpose of the travel as required by applicable |
| 20 | | travel regulations,
shall be itemized, and shall be |
| 21 | | accompanied by all receipts specified in
the applicable travel |
| 22 | | regulations and by a certificate, signed by the
person |
| 23 | | incurring such expense, certifying that the amount is correct |
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| 1 | | and
just; that the detailed items charged for subsistence were |
| 2 | | actually
paid; that the expenses were occasioned by official |
| 3 | | business or
unavoidable delays requiring the stay of such |
| 4 | | person at hotels for the
time specified; that the journey was |
| 5 | | performed with all practicable
dispatch by the shortest route |
| 6 | | usually traveled in the customary
reasonable manner; and that |
| 7 | | such person has not been furnished with
transportation or |
| 8 | | money in lieu thereof; for any part of the journey
therein |
| 9 | | charged for. |
| 10 | | Upon written approval by the Office of the Comptroller, a |
| 11 | | State agency may maintain the original travel voucher, the |
| 12 | | receipts, and the proof of the traveler's signature on the |
| 13 | | traveler's certification statement at the office of the State |
| 14 | | agency. However, except as otherwise provided in this Section |
| 15 | | for State public institutions of higher education, nothing in |
| 16 | | this Section shall be construed to exempt a State agency from |
| 17 | | submitting a detailed travel voucher as prescribed by the |
| 18 | | Office of the Comptroller. Each State public institution of |
| 19 | | higher education is exempt from submitting a detailed travel |
| 20 | | voucher to the Office of the Comptroller but shall retain all |
| 21 | | receipts specified in
the applicable travel regulations and |
| 22 | | shall annually publish a record of those expenditures on its |
| 23 | | official website using a form that it prescribes.
|
| 24 | | An information copy of each voucher covering a claim by a |
| 25 | | person
subject to the official travel regulations promulgated |
| 26 | | under Section
12-2 for travel reimbursement involving an |
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| 1 | | exception to the general
restrictions of such travel |
| 2 | | regulations shall be filed with the
applicable travel control |
| 3 | | board which shall consider these vouchers, or a
report |
| 4 | | thereof, for approval. Amounts disbursed for travel |
| 5 | | reimbursement
claims which are disapproved by the applicable |
| 6 | | travel control board shall
be refunded by the traveler and |
| 7 | | deposited in the fund or account from
which payment was made.
|
| 8 | | As used in this Section, "State public institution of |
| 9 | | higher education" means the governing boards of the University |
| 10 | | of Illinois, Southern Illinois University, Illinois State |
| 11 | | University, Eastern Illinois University, Northern Illinois |
| 12 | | University, Western Illinois University, Chicago State |
| 13 | | University, Governors State University, and Northeastern |
| 14 | | Illinois University. |
| 15 | | (Source: P.A. 97-932, eff. 8-10-12.)
|
| 16 | | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
|
| 17 | | Sec. 12-2. Travel Regulation Council; State travel |
| 18 | | reimbursement. |
| 19 | | (a) The chairmen of the travel control boards established
|
| 20 | | by Section 12-1, or their designees, shall together comprise |
| 21 | | the Travel
Regulation Council. The Travel Regulation Council |
| 22 | | shall be chaired by the
Director of Central Management |
| 23 | | Services, who shall be a nonvoting member of
the Council, |
| 24 | | unless he is otherwise qualified to vote by virtue of being
the |
| 25 | | designee of a voting member. No later than March 1, 1986, and |
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| 1 | | at least
biennially thereafter, the Council shall adopt State |
| 2 | | Travel Regulations and
Reimbursement Rates which shall be |
| 3 | | applicable to all personnel subject to
the jurisdiction of the |
| 4 | | travel control boards established by Section 12-1.
An |
| 5 | | affirmative vote of a majority of the members of the Council |
| 6 | | shall be
required to adopt regulations and reimbursement |
| 7 | | rates. If the Council
fails to adopt regulations by March 1 of |
| 8 | | any odd-numbered year, the
Director of Central Management |
| 9 | | Services shall adopt emergency regulations
and reimbursement |
| 10 | | rates pursuant to the Illinois Administrative Procedure Act. |
| 11 | | As soon as practicable after the effective date of this |
| 12 | | amendatory Act of the 102nd General Assembly, the Travel |
| 13 | | Regulation Council and the Higher Education Travel Control |
| 14 | | Board shall adopt amendments to their existing rules to ensure |
| 15 | | that reimbursement rates for public institutions of higher |
| 16 | | education, as defined in Section 1-13 of the Illinois |
| 17 | | Procurement Code, are set in accordance with the requirements |
| 18 | | of subsection (f) of this Section.
|
| 19 | | (b) (Blank). Mileage for automobile travel shall be |
| 20 | | reimbursed at the allowance
rate in effect under regulations |
| 21 | | promulgated pursuant to 5 U.S.C. 5707(b)(2).
In the event the |
| 22 | | rate set under federal regulations increases or decreases |
| 23 | | during the
course of the State's fiscal year, the effective |
| 24 | | date of the new rate shall be
the effective date of the change |
| 25 | | in the federal rate.
|
| 26 | | (c) (Blank). Rates for reimbursement of expenses other |
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| 1 | | than mileage shall not
exceed the actual cost of travel as |
| 2 | | determined by the United States
Internal Revenue Service.
|
| 3 | | (d) Reimbursements to travelers shall be made pursuant to |
| 4 | | the rates and
regulations applicable to the respective State |
| 5 | | agency as of the effective
date of this amendatory Act, until |
| 6 | | the State Travel Regulations and
Reimbursement Rates |
| 7 | | established by this Section are adopted and effective.
|
| 8 | | (e) (Blank). Lodging in Cook County, Illinois and the |
| 9 | | District of Columbia shall be
reimbursed at the maximum |
| 10 | | lodging rate in effect under regulations promulgated
pursuant |
| 11 | | to 5 U.S.C. 5701-5709. For purposes of this subsection (e), |
| 12 | | the
District of
Columbia shall include the cities and counties |
| 13 | | included in the per diem
locality of the
District of Columbia, |
| 14 | | as defined by the regulations in effect promulgated
pursuant |
| 15 | | to 5
U.S.C. 5701-5709. Individual travel control boards may |
| 16 | | set a lodging
reimbursement rate
more restrictive than the |
| 17 | | rate set forth in the federal regulations.
|
| 18 | | (f) (f) Notwithstanding any rule or law to the contrary, |
| 19 | | State travel reimbursement rates for lodging and mileage for |
| 20 | | automobile travel, as well as allowances for meals, shall be |
| 21 | | set at the maximum rates established by the federal government |
| 22 | | for travel expenses, subsistence expenses, and mileage |
| 23 | | allowances under 5 U.S.C. 5701 through 5711 and any |
| 24 | | regulations promulgated thereunder. If the rates set under |
| 25 | | federal regulations increase or decrease during the course of |
| 26 | | the State's fiscal year, the effective date of the new rate |
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| 1 | | shall be the effective date of the change in the federal rate. |
| 2 | | Notwithstanding any other law, travel reimbursement rates for |
| 3 | | lodging and mileage for automobile travel, as well as |
| 4 | | allowances for meals, shall be set for public institutions of |
| 5 | | higher education at the maximum rates established by the |
| 6 | | federal government for travel expenses, subsistence expenses, |
| 7 | | and mileage allowances under 5 U.S.C. Subchapter I and |
| 8 | | regulations promulgated thereunder. If a rate set under |
| 9 | | federal regulations increases or decreases in the course of |
| 10 | | the State's fiscal year, the effective date of the new rate |
| 11 | | shall be the effective date of the change in the federal rate. |
| 12 | | (Source: P.A. 102-1119, eff. 1-23-23.)
|
| 13 | | ARTICLE 30.
|
| 14 | | Section 30-5. The General Assembly Operations Act is |
| 15 | | amended by changing Section 20 as follows:
|
| 16 | | (25 ILCS 10/20) |
| 17 | | (Section scheduled to be repealed on July 1, 2023) |
| 18 | | Sec. 20. Legislative Budget Oversight Commission. |
| 19 | | (a) The General Assembly hereby finds and declares that |
| 20 | | the State is confronted with an unprecedented fiscal crisis. |
| 21 | | In light of this crisis, and the challenges it presents for the |
| 22 | | budgeting process, the General Assembly hereby establishes the |
| 23 | | Legislative Budget Oversight Commission. The purpose of the |
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| 1 | | Commission is: to monitor budget management actions taken by |
| 2 | | the Office of the Governor or Governor's Office of Management |
| 3 | | and Budget; to oversee the distribution and expenditure of |
| 4 | | federal financial relief for State and local governments |
| 5 | | related to the COVID-19 pandemic; and to advise and review |
| 6 | | planned expenditures of State and federal grants for broadband |
| 7 | | projects. |
| 8 | | (b) At the request of the Commission, units of local |
| 9 | | governments and State agency directors or their respective |
| 10 | | designees shall report to the Commission on the status and |
| 11 | | distribution of federal CARES money and any other federal |
| 12 | | financial relief related to the COVID-19 pandemic. |
| 13 | | (c) In anticipation of constantly changing and |
| 14 | | unpredictable economic circumstances, the Commission will |
| 15 | | provide a means for the Governor's Office and the General |
| 16 | | Assembly to maintain open communication about necessary budget |
| 17 | | management actions during these unprecedented times. Beginning |
| 18 | | August 15, 2020, the Governor's Office of Management and |
| 19 | | Budget shall submit a monthly written report to the Commission |
| 20 | | reporting any budget management actions taken by the Office of |
| 21 | | the Governor, Governor's Office of Management and Budget, or |
| 22 | | any State agency. At the call of one of the co-chairs, the |
| 23 | | Governor or his or her designee shall give a report to the |
| 24 | | Commission and each member thereof. The report shall be given |
| 25 | | either in person or by telephonic or videoconferencing means. |
| 26 | | The report shall include: |
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| 1 | | (1) any budget management actions taken by the Office |
| 2 | | of the Governor, Governor's Office of Management and |
| 3 | | Budget, or any agency or board under the Office of the |
| 4 | | Governor in the prior quarter; |
| 5 | | (2) year-to-date general funds revenues as compared to |
| 6 | | anticipated revenues; |
| 7 | | (3) year-to-date general funds expenditures as |
| 8 | | compared to the Fiscal Year 2021 budget as enacted; |
| 9 | | (4) a list, by program, of the number of grants |
| 10 | | awarded, the aggregate amount of such grant awards, and |
| 11 | | the aggregate amount of awards actually paid with respect |
| 12 | | to all grants awarded from federal funds from the |
| 13 | | Coronavirus Relief Fund in accordance with Section 5001 of |
| 14 | | the federal Coronavirus Aid, Relief, and Economic Security |
| 15 | | (CARES) Act or from the Coronavirus State Fiscal Recovery |
| 16 | | Fund in accordance with Section 9901 of the federal |
| 17 | | American Rescue Plan Act of 2021, which shall identify the |
| 18 | | number of grants awarded, the aggregate amount of such |
| 19 | | grant awards, and the aggregate amount of such awards |
| 20 | | actually paid to grantees located in or serving a |
| 21 | | disproportionately impacted area, as defined in the |
| 22 | | program from which the grant is awarded; and |
| 23 | | (5) any additional items reasonably requested by the |
| 24 | | Commission. |
| 25 | | (c-5) Any plans, responses to requests, letters of intent, |
| 26 | | application materials, or other documents prepared on behalf |
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| 1 | | of the State describing the State's intended plan for |
| 2 | | distributing grants pursuant to Division F of the |
| 3 | | Infrastructure Investment and Jobs Act must be, to the extent |
| 4 | | practical, provided to the Legislative Budget Oversight |
| 5 | | Commission for review at least 30 days prior to submission to |
| 6 | | the appropriate federal entity. If plans, responses to |
| 7 | | requests, letters of intent, application materials, or other |
| 8 | | documents prepared on behalf of the State describing the |
| 9 | | State's plan or goals for distributing grants pursuant to |
| 10 | | Division F of the Infrastructure Investment and Jobs Act |
| 11 | | cannot practically be given the Legislative Budget Oversight |
| 12 | | Commission 30 days prior to submission to the appropriate |
| 13 | | federal entity, the materials shall be provided to the |
| 14 | | Legislative Budget Oversight Commission with as much time for |
| 15 | | review as practical. All documents provided to the Commission |
| 16 | | shall be made available to the public on the General
|
| 17 | | Assembly's website. However, the following information shall |
| 18 | | be redacted from any documents made available to the public: |
| 19 | | (i) information specifically prohibited from disclosure by |
| 20 | | federal or State law or federal or State rules and |
| 21 | | regulations; (ii) trade secrets; (iii) security sensitive |
| 22 | | information; and (iv) proprietary, privileged, or confidential |
| 23 | | commercial or financial information from a privately held |
| 24 | | person or business which, if disclosed, would cause |
| 25 | | competitive harm. Members of the public and interested parties |
| 26 | | may submit written
comments to the Commission for |
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| 1 | | consideration. Prior to the State's submission to the
|
| 2 | | appropriate federal entity pursuant to this subsection, the |
| 3 | | Commission shall conduct at least
one public hearing during |
| 4 | | which members of the public and other interested parties may |
| 5 | | file
written comments with and offer testimony before the |
| 6 | | Commission. After completing its review
and consideration of |
| 7 | | any such testimony offered and written public comments |
| 8 | | received, the
Commission shall submit its written comments and |
| 9 | | suggestions to the Governor or designated
State entity |
| 10 | | responsible for administering the grant programs under |
| 11 | | Division F of the
Infrastructure Investment and Jobs Act on |
| 12 | | behalf of the State.
The Governor, or designated State entity |
| 13 | | responsible for administering the grant programs pursuant to |
| 14 | | Division F of the Infrastructure Investment and Jobs Act, must |
| 15 | | consider comments and suggestions provided by the members of |
| 16 | | the Legislative Budget Oversight Commission and members of the |
| 17 | | public. |
| 18 | | (c-10) At the request of the Commission, the Governor or |
| 19 | | the designated State entity responsible for administering |
| 20 | | programs under Division F of the Infrastructure Investment and |
| 21 | | Jobs Act on behalf of the State must report on the grants |
| 22 | | issued by the State pursuant to the programs under Division F |
| 23 | | of the Infrastructure Investment and Jobs Act. |
| 24 | | (d) The Legislative Budget Oversight Commission shall |
| 25 | | consist of the following members: |
| 26 | | (1) 7 members of the House of Representatives |
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| 1 | | appointed by the Speaker of the House of Representatives; |
| 2 | | (2) 7 members of the Senate appointed by the Senate |
| 3 | | President; |
| 4 | | (3) 4 members of the House of Representatives |
| 5 | | appointed by the Minority Leader of the House of |
| 6 | | Representatives; and |
| 7 | | (4) 4 members of the Senate appointed by the Senate |
| 8 | | Minority Leader. |
| 9 | | (e) The Speaker of the House of Representatives and the |
| 10 | | Senate President shall each appoint one member of the |
| 11 | | Commission to serve as a co-chair. The members of the |
| 12 | | Commission shall serve without compensation. |
| 13 | | (f) As used in this Section: |
| 14 | | "Budget management action" means any fund transfer |
| 15 | | directed by the Governor or the Governor's Office of |
| 16 | | Management and Budget, designation of appropriation lines as |
| 17 | | reserve, or any other discretionary action taken with regard |
| 18 | | to the budget as enacted; |
| 19 | | "State agency" means all officers, boards, commissions, |
| 20 | | departments, and agencies created by the Constitution, by law, |
| 21 | | by Executive Order, or by order of the Governor in the |
| 22 | | Executive Branch, other than the Offices of the Attorney |
| 23 | | General, Secretary of State, Comptroller, or Treasurer. |
| 24 | | (g) This Section is repealed July 1, 2024 2023.
|
| 25 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 26 | | 102-699, eff. 4-19-22.)
|
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| 1 | | ARTICLE 35.
|
| 2 | | Section 35-5. The Department of Commerce and Economic |
| 3 | | Opportunity Law of the
Civil Administrative Code of Illinois |
| 4 | | is amended by changing Section 605-705 as follows:
|
| 5 | | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
|
| 6 | | Sec. 605-705. Grants to local tourism and convention |
| 7 | | bureaus.
|
| 8 | | (a) To establish a grant program for local tourism and
|
| 9 | | convention bureaus. The Department will develop and implement |
| 10 | | a program
for the use of funds, as authorized under this Act, |
| 11 | | by local tourism and
convention bureaus. For the purposes of |
| 12 | | this Act,
bureaus eligible to receive funds are those local |
| 13 | | tourism and
convention bureaus that are (i) either units of |
| 14 | | local government or
incorporated as not-for-profit |
| 15 | | organizations; (ii) in legal existence
for a minimum of 2 |
| 16 | | years before July 1, 2001; (iii) operating with a
paid, |
| 17 | | full-time staff whose sole purpose is to promote tourism in |
| 18 | | the
designated service area; and (iv) affiliated with one or |
| 19 | | more
municipalities or counties that support the bureau with |
| 20 | | local hotel-motel
taxes. After July 1, 2001, bureaus |
| 21 | | requesting certification in
order to receive funds for the |
| 22 | | first time must be local tourism and
convention bureaus that |
| 23 | | are (i) either units of local government or
incorporated as |
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| 1 | | not-for-profit organizations; (ii) in legal existence
for a |
| 2 | | minimum of 2 years before the request for certification; (iii)
|
| 3 | | operating with a paid, full-time staff whose sole purpose is |
| 4 | | to promote
tourism in the designated service area; and (iv) |
| 5 | | affiliated with
multiple municipalities or counties that |
| 6 | | support the bureau with local
hotel-motel taxes. Each bureau |
| 7 | | receiving funds under this Act will be
certified by the |
| 8 | | Department as the designated recipient to serve an area of
the |
| 9 | | State.
Notwithstanding the criteria set forth in this |
| 10 | | subsection (a), or any rule
adopted under this subsection (a), |
| 11 | | the Director of the Department may
provide for the award of |
| 12 | | grant funds to one or more entities if in the
Department's |
| 13 | | judgment that action is necessary in order to prevent a loss of
|
| 14 | | funding critical to promoting tourism in a designated |
| 15 | | geographic area of the
State.
|
| 16 | | (b) To distribute grants to local tourism and convention |
| 17 | | bureaus from
appropriations made from the Local Tourism Fund |
| 18 | | for that purpose. Of the
amounts appropriated annually to the |
| 19 | | Department for expenditure under this
Section prior to July 1, |
| 20 | | 2011, one-third of those monies shall be used for grants to |
| 21 | | convention and
tourism bureaus in cities with a population |
| 22 | | greater than 500,000. The
remaining two-thirds of the annual |
| 23 | | appropriation prior to July 1, 2011 shall be used for grants to
|
| 24 | | convention and tourism bureaus in the
remainder of the State, |
| 25 | | in accordance with a formula based upon the
population served. |
| 26 | | Of the amounts appropriated annually to the Department for |
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| 1 | | expenditure under this Section beginning July 1, 2011, 18% of |
| 2 | | such moneys shall be used for grants to convention and tourism |
| 3 | | bureaus in cities with a population greater than 500,000. Of |
| 4 | | the amounts appropriated annually to the Department for |
| 5 | | expenditure under this Section beginning July 1, 2011, 82% of |
| 6 | | such moneys shall be used for grants to convention bureaus in |
| 7 | | the remainder of the State, in accordance with a formula based |
| 8 | | upon the population served. The Department may reserve up to |
| 9 | | 3% of total
local tourism funds available for costs of |
| 10 | | administering the program to conduct audits of grants, to |
| 11 | | provide incentive funds to
those
bureaus that will conduct |
| 12 | | promotional activities designed to further the
Department's |
| 13 | | statewide advertising campaign, to fund special statewide
|
| 14 | | promotional activities, and to fund promotional activities |
| 15 | | that support an
increased use of the State's parks or historic |
| 16 | | sites. The Department shall require that any convention and |
| 17 | | tourism bureau receiving a grant under this Section that |
| 18 | | requires matching funds shall provide matching funds equal to |
| 19 | | no less than 50% of the grant amount except that in Fiscal |
| 20 | | Years 2021 through 2024 2023 only, the Department shall |
| 21 | | require that any convention and tourism bureau receiving a |
| 22 | | grant under this Section that requires matching funds shall |
| 23 | | provide matching funds equal to no less than 25% of the grant |
| 24 | | amount. During fiscal year 2013, the Department shall reserve |
| 25 | | $2,000,000 of the available local tourism funds for |
| 26 | | appropriation to the Historic Preservation Agency for the |
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| 1 | | operation of the Abraham Lincoln Presidential Library and |
| 2 | | Museum and State historic sites. |
| 3 | | To provide for the expeditious and timely implementation |
| 4 | | of the changes made by Public Act 101-636, emergency rules to |
| 5 | | implement the changes made by Public Act 101-636 may be |
| 6 | | adopted by the Department subject to the provisions of Section |
| 7 | | 5-45 of the Illinois Administrative Procedure Act.
|
| 8 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
| 9 | | 102-699, eff. 4-19-22.)
|
| 10 | | ARTICLE 40.
|
| 11 | | Section 40-5. The Department of Commerce and Economic |
| 12 | | Opportunity Law of the
Civil Administrative Code of Illinois |
| 13 | | is amended by changing Section 605-1105 as follows:
|
| 14 | | (20 ILCS 605/605-1105) |
| 15 | | Sec. 605-1105. Local chambers of commerce recovery grants |
| 16 | | and business program. |
| 17 | | (a) Subject Upon receipt or availability of the State or |
| 18 | | federal funds described in subsection (b), and subject to |
| 19 | | appropriation of those funds for the purposes described in |
| 20 | | this Section, the Department of Commerce and Economic |
| 21 | | Opportunity shall establish a program to award grants to local |
| 22 | | chambers of commerce. |
| 23 | | (a-5) This subsection applies to grants under this Section |
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| 1 | | that are funded by State or federal funds that are allocated to |
| 2 | | the State under the authority of legislation passed in |
| 3 | | response to the COVID-19 pandemic. The Department shall award |
| 4 | | an aggregate amount of up to $5,000,000 in grants under this |
| 5 | | subsection Section to eligible chambers of commerce. Each |
| 6 | | eligible chamber of commerce that applies to the Department |
| 7 | | for a grant under this subsection Section shall certify to the |
| 8 | | Department the difference between the chamber of commerce's |
| 9 | | total annual revenue in calendar year 2019 and the chamber of |
| 10 | | commerce's total annual revenue in calendar year 2020. The |
| 11 | | maximum amount that may be awarded to any eligible chamber of |
| 12 | | commerce during the first round of grants under this |
| 13 | | subsection is one-sixth of the certified amount. In |
| 14 | | determining grant amounts awarded under this subsection Act, |
| 15 | | the Department may consider any awards that the chamber of |
| 16 | | commerce has received from the Back to Business Grant Program |
| 17 | | or the Business Interruption Grant Program. If the entire |
| 18 | | amount of moneys appropriated for the purposes of this |
| 19 | | subsection Section has not been allocated after a first round |
| 20 | | of grants is made, the Department may award additional funds |
| 21 | | to eligible chambers of commerce from the remaining funds. |
| 22 | | (a-10) This subsection applies to grants awarded under |
| 23 | | this Section from sources other than State or federal funds |
| 24 | | that are allocated to the State under the authority or |
| 25 | | legislation passed in response to the COVID-19 pandemic. |
| 26 | | Grants under this subsection may be used to market and develop |
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| 1 | | the service area of the chamber of commerce for the purposes of |
| 2 | | generating local, county, and State business taxes and |
| 3 | | providing small businesses with professional development, |
| 4 | | business guidance, and best practices for sustainability. No |
| 5 | | single chamber of commerce shall receive grant awards under |
| 6 | | this subsection in excess of $50,000 in any State fiscal year. |
| 7 | | (a-15) Grants awarded under subsection (a-5) or (a-10) of |
| 8 | | this Section shall not be used to make any direct lobbying |
| 9 | | expenditure, as defined in subsection (c) of Section 4911 of |
| 10 | | the Internal Revenue Code, or to engage in any political |
| 11 | | campaign activity described in Section 501(c)(3) of the |
| 12 | | Internal Revenue Code. |
| 13 | | (b) For grants awarded under subsection (a-5), the The |
| 14 | | Department may use State funds and federal funds that are |
| 15 | | allocated to the State under the authority of legislation |
| 16 | | passed in response to the COVID-19 pandemic to provide grants |
| 17 | | under this Section. Those federal funds include, but are not |
| 18 | | limited to, funds allocated to the State under the American |
| 19 | | Rescue Plan Act of 2021. Any federal moneys used for this |
| 20 | | purpose shall be used in accordance with the federal |
| 21 | | legislation authorizing the use of those funds and related |
| 22 | | federal guidance as well as any other applicable State and |
| 23 | | federal laws. For grants awarded under subsection (a-10), the |
| 24 | | Department may use general revenue funds or any other funds |
| 25 | | that may lawfully be used for the purposes of this Section. |
| 26 | | (c) The Department may adopt any rules necessary to |
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| 1 | | implement and administer the grant program created by this |
| 2 | | Section. The emergency rulemaking process may be used to |
| 3 | | promulgate the initial rules of the program following the |
| 4 | | effective date of this amendatory Act of the 102nd General |
| 5 | | Assembly. |
| 6 | | (d) As used in this Section, "eligible chamber of |
| 7 | | commerce" means an a voluntary membership, dues-paying |
| 8 | | organization of business and professional persons dedicated to |
| 9 | | improving the economic climate and business development of the |
| 10 | | community, area, or region in which the organization is |
| 11 | | located and that: |
| 12 | | (1) operates as an approved not-for-profit |
| 13 | | corporation; |
| 14 | | (2) is tax-exempt under Section 501(c)(3) or Section |
| 15 | | 501(c)(6) of the Internal Revenue Code of 1986; |
| 16 | | (3) has an annual revenue of $1,000,000 or less; and |
| 17 | | (4) files a 990 federal tax form with the Internal |
| 18 | | Revenue Service; |
| 19 | | (5) has or will have each of the following at the time |
| 20 | | of award determination: |
| 21 | | (A) governance bylaws; |
| 22 | | (B) financial policies and procedures; and |
| 23 | | (C) a mission and vision statement; and |
| 24 | | (6) for grants awarded under subsection (a-5), (4) has |
| 25 | | experienced an identifiable negative economic impact |
| 26 | | resulting from or exacerbated by the public health |
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| 1 | | emergency or served a community disproportionately |
| 2 | | impacted by a public health emergency.
|
| 3 | | (Source: P.A. 102-1115, eff. 1-9-23.)
|
| 4 | | ARTICLE 55.
|
| 5 | | Section 55-5. The Department of Healthcare and Family |
| 6 | | Services Law of the
Civil Administrative Code of Illinois is |
| 7 | | amended by adding Section 2205-36 as follows:
|
| 8 | | (20 ILCS 2205/2205-36 new) |
| 9 | | Sec. 2205-36. Breakthrough Therapies for Veteran Suicide |
| 10 | | Prevention Program Advisory Council. |
| 11 | | (a) There is created within the Department of Healthcare |
| 12 | | and Family Services the Breakthrough Therapies for Veteran |
| 13 | | Suicide Prevention Program Advisory Council. The Council shall |
| 14 | | advise the Department on the rules and clinical infrastructure |
| 15 | | necessary to support clinical access to and training for |
| 16 | | medication-assisted United States Food and Drug Administration |
| 17 | | breakthrough therapies for veteran suicide prevention. In |
| 18 | | advising the Department under this Section, the Council shall |
| 19 | | advise the Department on: |
| 20 | | (1) the award of grants for breakthrough therapy |
| 21 | | treatment through the Veteran Suicide Prevention Program; |
| 22 | | (2) the necessary education, training, licensing, and |
| 23 | | credentialing of providers; |
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| 1 | | (3) patient safety and harm reduction; |
| 2 | | (4) costs, insurance reimbursement, and strategies to |
| 3 | | safely increase affordable access to care, including the |
| 4 | | use of group therapy; |
| 5 | | (5) standards for treatment facilities; |
| 6 | | (6) relevant federal regulations and guidelines that |
| 7 | | relevant State agencies may consider adopting; |
| 8 | | (7) assisting with the development of public awareness |
| 9 | | and education campaigns related to veteran suicides; |
| 10 | | (8) additional funding needed for subsidized patient |
| 11 | | access and provider and therapist training; |
| 12 | | (9) overall Fund budget; |
| 13 | | (10) periodic Fund evaluation; |
| 14 | | (11) developing criteria and standards for the award |
| 15 | | of grants and fellowships; |
| 16 | | (12) developing and providing oversight regarding |
| 17 | | mechanisms for the dissemination of treatment and training |
| 18 | | data; and |
| 19 | | (13) developing provisions to ensure justice, equity, |
| 20 | | diversity, and inclusion are considered in the |
| 21 | | administration of grants and recommendations made to the |
| 22 | | Department. |
| 23 | | (b) The Council shall consist of 9 members: |
| 24 | | (1) three members appointed by the Governor; |
| 25 | | (2) two members appointed by the President of the |
| 26 | | Senate; |
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| 1 | | (3) two members appointed by the Speaker of the House |
| 2 | | of Representatives; |
| 3 | | (4) one member appointed by The Minority Leader of the |
| 4 | | Senate; and |
| 5 | | (5) one member appointed by the Minority Leader of the |
| 6 | | House. |
| 7 | | (c) The Council shall include at least 3 veterans. The |
| 8 | | Council shall also include members with expertise in |
| 9 | | breakthrough therapy research, clinical mental health |
| 10 | | treatment, public health, access to mental and behavioral |
| 11 | | healthcare in underserved communities, veteran mental and |
| 12 | | behavioral healthcare, and harm reduction. The Department of |
| 13 | | Healthcare and Family Services shall provide administrative |
| 14 | | support to the Council. |
| 15 | | (d) The Council shall adopt internal organizational |
| 16 | | procedures as necessary for its efficient organization. |
| 17 | | (e) Members of the Council shall serve without |
| 18 | | compensation.
|
| 19 | | ARTICLE 60.
|
| 20 | | Section 60-5. The Secretary of State Act is amended by |
| 21 | | changing Section 18 as follows:
|
| 22 | | (15 ILCS 305/18) |
| 23 | | Sec. 18. Electronic Filing Supplemental Deposits into |
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| 1 | | Department of Business Services Special Operations Fund. When |
| 2 | | a submission to the Secretary of State is made electronically, |
| 3 | | but does not include a request for expedited services, |
| 4 | | pursuant to the provisions of this amendatory Act of the 100th |
| 5 | | General Assembly up to $25 for each such transaction under the |
| 6 | | General Not For Profit Corporation Act of 1986 and up to $50 |
| 7 | | from each such transaction under the Business Corporation Act |
| 8 | | of 1983, the Limited Liability Company Act, or the Uniform |
| 9 | | Limited Partnership Act (2001) shall be deposited into the |
| 10 | | Department of Business Services Special Operations Fund, and |
| 11 | | the remainder of any fee deposited into the General Revenue |
| 12 | | Fund. However, in no circumstance may the supplemental |
| 13 | | deposits provided by this Section cause the total deposits |
| 14 | | into the Special Operations Fund in any fiscal year from |
| 15 | | electronic submissions under the Business Corporation Act of |
| 16 | | 1983, the General Not For Profit Corporation Act of 1986, the |
| 17 | | Limited Liability Company Act, the Uniform Partnership Act |
| 18 | | (1997), and the Uniform Limited Partnership Act (2001), |
| 19 | | whether or not for expedited services, to exceed $11,326,225. |
| 20 | | The Secretary of State has the authority to adopt rules |
| 21 | | necessary to implement this Section, in accordance with the |
| 22 | | Illinois Administrative Procedure Act. This Section does not |
| 23 | | apply on or after July 1, 2023.
|
| 24 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 25 | | Section 60-10. The State Finance Act is amended by |
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| 1 | | changing Sections 6z-34 and 6z-70 as follows:
|
| 2 | | (30 ILCS 105/6z-34)
|
| 3 | | Sec. 6z-34. Secretary of State Special Services Fund. |
| 4 | | There
is created in the State Treasury a special fund to be |
| 5 | | known as the Secretary of
State Special Services Fund. Moneys |
| 6 | | deposited into the Fund may, subject to
appropriation, be used |
| 7 | | by the Secretary of State for any or all of the
following |
| 8 | | purposes:
|
| 9 | | (1) For general automation efforts within operations |
| 10 | | of the Office of
Secretary of State.
|
| 11 | | (2) For technology applications in any form that will |
| 12 | | enhance the
operational capabilities of the Office of |
| 13 | | Secretary of State.
|
| 14 | | (3) To provide funds for any type of library grants |
| 15 | | authorized and
administered by the Secretary of State as |
| 16 | | State Librarian. |
| 17 | | (4) For the purposes of the Secretary of State's |
| 18 | | operating program expenses related to the enforcement of |
| 19 | | administrative laws related to vehicles and |
| 20 | | transportation.
|
| 21 | | These funds are in addition to any other funds otherwise |
| 22 | | authorized to the
Office of Secretary of State for like or |
| 23 | | similar purposes.
|
| 24 | | On August 15, 1997, all fiscal year 1997 receipts that |
| 25 | | exceed the
amount of $15,000,000 shall be transferred from |
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| 1 | | this Fund to the Technology Management Revolving Fund |
| 2 | | (formerly known as the Statistical
Services Revolving Fund); |
| 3 | | on August 15, 1998 and each year thereafter
through 2000, all
|
| 4 | | receipts from the fiscal year ending on the previous June 30th |
| 5 | | that exceed the
amount of $17,000,000 shall be transferred |
| 6 | | from this Fund to the Technology Management Revolving Fund |
| 7 | | (formerly known as the Statistical
Services Revolving Fund); |
| 8 | | on August 15, 2001 and each year thereafter
through 2002, all
|
| 9 | | receipts from the fiscal year ending on the previous June 30th |
| 10 | | that exceed the
amount of $19,000,000 shall be transferred |
| 11 | | from this Fund to the Technology Management Revolving Fund |
| 12 | | (formerly known as the Statistical
Services Revolving Fund); |
| 13 | | and on August 15, 2003 and each year thereafter through 2022, |
| 14 | | all
receipts from the fiscal year ending on the previous June |
| 15 | | 30th that exceed the
amount of $33,000,000 shall be |
| 16 | | transferred from this Fund to the Technology Management |
| 17 | | Revolving Fund (formerly known as the Statistical
Services |
| 18 | | Revolving Fund).
|
| 19 | | (Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
|
| 20 | | (30 ILCS 105/6z-70) |
| 21 | | Sec. 6z-70. The Secretary of State Identification Security |
| 22 | | and Theft Prevention Fund. |
| 23 | | (a) The Secretary of State Identification Security and |
| 24 | | Theft Prevention Fund is created as a special fund in the State |
| 25 | | treasury. The Fund shall consist of any fund transfers, |
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| 1 | | grants, fees, or moneys from other sources received for the |
| 2 | | purpose of funding identification security and theft |
| 3 | | prevention measures. |
| 4 | | (b) All moneys in the Secretary of State Identification |
| 5 | | Security and Theft Prevention Fund shall be used, subject to |
| 6 | | appropriation, for any costs related to implementing |
| 7 | | identification security and theft prevention measures. |
| 8 | | (c) (Blank).
|
| 9 | | (d) (Blank). |
| 10 | | (e) (Blank). |
| 11 | | (f) (Blank). |
| 12 | | (g) (Blank). |
| 13 | | (h) (Blank). |
| 14 | | (i) (Blank). |
| 15 | | (j) (Blank). |
| 16 | | (k) (Blank). |
| 17 | | (l) (Blank). |
| 18 | | (m) (Blank). |
| 19 | | (n) (Blank). Notwithstanding any other provision of State |
| 20 | | law to the contrary, on or after July 1, 2021, and until June |
| 21 | | 30, 2022, in addition to any other transfers that may be |
| 22 | | provided for by law, at the direction of and upon notification |
| 23 | | of the Secretary of State, the State Comptroller shall direct |
| 24 | | and the State Treasurer shall transfer amounts into the |
| 25 | | Secretary of State Identification Security and Theft |
| 26 | | Prevention Fund from the designated funds not exceeding the |
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| 1 | | following totals: |
| 2 | | Division of Corporations Registered Limited |
| 3 | | Liability Partnership Fund...................$287,000 |
| 4 | | Securities Investors Education Fund............$1,500,000 |
| 5 | | Department of Business Services Special |
| 6 | | Operations Fund............................$4,500,000 |
| 7 | | Securities Audit and Enforcement Fund..........$5,000,000 |
| 8 | | Corporate Franchise Tax Refund Fund............$3,000,000 |
| 9 | | (o) Notwithstanding any other provision of State law to |
| 10 | | the contrary, on or after July 1, 2022, and until June 30, |
| 11 | | 2023, in addition to any other transfers that may be provided |
| 12 | | for by law, at the direction of and upon notification of the |
| 13 | | Secretary of State, the State Comptroller shall direct and the |
| 14 | | State Treasurer shall transfer amounts into the Secretary of |
| 15 | | State Identification Security and Theft Prevention Fund from |
| 16 | | the designated funds not exceeding the following totals: |
| 17 | | Division of Corporations Registered Limited |
| 18 | | Liability Partnership Fund..................$400,000 |
| 19 | | Department of Business Services Special |
| 20 | | Operations Fund...........................$5,500,000 |
| 21 | | Securities Audit and Enforcement Fund.........$4,000,000 |
| 22 | | Corporate Franchise Tax Refund Fund...........$4,000,000 |
| 23 | | (p) Notwithstanding any other provision of State law to |
| 24 | | the contrary, on or after July 1, 2023, and until June 30, |
| 25 | | 2024, in addition to any other transfers that may be provided |
| 26 | | for by law, at the direction of and upon notification of the |
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| 1 | | Secretary of State, the State Comptroller shall direct and the |
| 2 | | State Treasurer shall transfer amounts into the Secretary of |
| 3 | | State Identification Security and Theft Prevention Fund from |
| 4 | | the designated funds not exceeding the following totals: |
| 5 | | Division of Corporations Registered Limited |
| 6 | | Liability Partnership Fund...................$400,000 |
| 7 | | Department of Business Services Special |
| 8 | | Operations Fund............................$5,500,000 |
| 9 | | Securities Audit and Enforcement Fund..........$4,000,000 |
| 10 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
| 11 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
| 12 | | Section 60-15. The Business Corporation Act of 1983 is |
| 13 | | amended by changing Section 15.97 as follows:
|
| 14 | | (805 ILCS 5/15.97) (from Ch. 32, par. 15.97)
|
| 15 | | (Section scheduled to be repealed on December 31, 2024)
|
| 16 | | Sec. 15.97. Corporate Franchise Tax Refund Fund.
|
| 17 | | (a) Beginning July 1, 1993, a percentage of the amounts |
| 18 | | collected
under Sections 15.35, 15.45, 15.65, and 15.75 of |
| 19 | | this Act shall be
deposited into the Corporate Franchise Tax |
| 20 | | Refund Fund, a special Fund
hereby created in the State |
| 21 | | treasury. From July 1, 1993, until December 31,
1994, there |
| 22 | | shall be deposited into the Fund 3% of the amounts received
|
| 23 | | under those Sections. Beginning January 1, 1995, and for each |
| 24 | | fiscal year
beginning thereafter, 2% of the amounts collected |
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| 1 | | under those Sections
during the preceding fiscal year shall be |
| 2 | | deposited into the Fund.
|
| 3 | | (b) Beginning July 1, 1993, moneys in the Fund shall be |
| 4 | | expended
exclusively for the purpose of paying refunds payable |
| 5 | | because of overpayment
of franchise taxes, penalties, or |
| 6 | | interest under Sections 13.70, 15.35,
15.45, 15.65, 15.75, and |
| 7 | | 16.05 of this
Act and making transfers authorized under this |
| 8 | | Section. Refunds in
accordance with the provisions of |
| 9 | | subsections (f) and (g) of Section 1.15
and Section 1.17 of |
| 10 | | this Act may be made from the Fund only to the extent that
|
| 11 | | amounts collected under Sections 15.35, 15.45, 15.65, and |
| 12 | | 15.75 of this Act
have been deposited in the Fund and remain |
| 13 | | available. On or before August 31 of each year, the balance in |
| 14 | | the Fund in excess of $100,000 shall be transferred to the |
| 15 | | General Revenue Fund. Notwithstanding the provisions of this |
| 16 | | subsection, for the period commencing on or after July 1, |
| 17 | | 2022, amounts in the fund shall not be transferred to the |
| 18 | | General Revenue Fund and shall be used to pay refunds in |
| 19 | | accordance with the provisions of this Act. Within a |
| 20 | | reasonable time after December 31, 2022, the Secretary of |
| 21 | | State shall direct and the Comptroller shall order transferred |
| 22 | | to the General Revenue Fund all amounts remaining in the fund.
|
| 23 | | (c) This Act shall constitute an irrevocable and |
| 24 | | continuing
appropriation from the Corporate Franchise Tax |
| 25 | | Refund Fund for the purpose
of paying refunds upon the order of |
| 26 | | the Secretary of State in accordance
with the provisions of |
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| 1 | | this Section.
|
| 2 | | (d) This Section is repealed on December 31, 2024. |
| 3 | | (Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
|
| 4 | | Section 60-20. The Limited Liability Company Act is |
| 5 | | amended by changing Section 50-55 as follows:
|
| 6 | | (805 ILCS 180/50-55) |
| 7 | | Sec. 50-55. Disposition of fees. Of Until July 1, 2021, of |
| 8 | | the total money collected for the filing of annual reports |
| 9 | | under this Act, $10 of the filing fee shall be paid into the |
| 10 | | Department of Business Services Special Operations Fund. The |
| 11 | | remaining money collected for the filing of annual reports |
| 12 | | under this Act shall be deposited into the General Revenue |
| 13 | | Fund in the State Treasury.
|
| 14 | | (Source: P.A. 100-561, eff. 7-1-18.)
|
| 15 | | ARTICLE 65.
|
| 16 | | Section 65-5. The State Budget Law of the Civil |
| 17 | | Administrative Code of Illinois is amended by changing Section |
| 18 | | 50-25 as follows:
|
| 19 | | (15 ILCS 20/50-25) |
| 20 | | Sec. 50-25. Statewide prioritized goals. |
| 21 | | (a) Definitions. As used in this Section: |
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| 1 | | "Commission" means the Budgeting for Results Commission |
| 2 | | established by this Section. |
| 3 | | "Result area" means major organizational categories of |
| 4 | | State government as defined by the Governor. |
| 5 | | "Outcome area" means subcategories of result areas that |
| 6 | | further define, and facilitate the measurement of the result |
| 7 | | area, as established by the Governor. |
| 8 | | (b) Statewide prioritized goals. For fiscal year 2025 2012 |
| 9 | | and each fiscal year thereafter, prior to the submission of |
| 10 | | the State budget, the Governor, in consultation with the |
| 11 | | Commission appropriation committees of the General Assembly |
| 12 | | and, beginning with budgets prepared for fiscal year 2013, the |
| 13 | | commission established under this Section, shall: (i) identify |
| 14 | | statewide result areas prioritize outcomes that are most |
| 15 | | important for each State agency of the executive branch under |
| 16 | | the jurisdiction of the Governor to achieve for the next |
| 17 | | fiscal year and (ii) identify outcome areas, which further |
| 18 | | define the statewide result areas, into which State programs |
| 19 | | and associated spending can be categorized set goals to |
| 20 | | accomplish those outcomes according to the priority of the |
| 21 | | outcome. There must be a reasonable number of annually defined |
| 22 | | statewide result and outcome areas goals defining State |
| 23 | | priorities for the budget. Each result and outcome goal shall |
| 24 | | be further defined to facilitate success in achieving that |
| 25 | | result or outcome goal. |
| 26 | | (c) Budgeting for Results Commission. On or after July 31, |
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| 1 | | 2024 No later than July 31 of each fiscal year beginning in |
| 2 | | fiscal year 2012, the Governor shall establish a commission |
| 3 | | for the purpose of advising the Governor in the implementation |
| 4 | | of performance-based budgeting in Illinois State government, |
| 5 | | setting statewide result and outcome areas, and providing |
| 6 | | oversight and guidance for comprehensive program assessments |
| 7 | | and benefit-cost analysis of State agency programs those |
| 8 | | outcomes and goals, including the timeline for achieving those |
| 9 | | outcomes and goals. |
| 10 | | (1) Membership. The commission shall be composed of |
| 11 | | voting and non-voting members appointed by the Governor. |
| 12 | | The commission shall be a well-balanced group and shall be |
| 13 | | not more than 15 and not less than 8 members. Members |
| 14 | | appointed by the Governor shall serve a three-year term, |
| 15 | | beginning and ending on July 1 of each year. Vacancies in |
| 16 | | Commission membership shall be filled in the same manner |
| 17 | | as initial appointments. Appointments to fill vacancies |
| 18 | | occurring before the expiration of a term shall be for the |
| 19 | | remainder of the term. Members shall serve until their |
| 20 | | successors are appointed. a manageable size. |
| 21 | | (2) Bylaws. The commission may adopt bylaws for the |
| 22 | | regulation of its affairs and the conduct of its business. |
| 23 | | (3) Quorum. Total membership of the Commission |
| 24 | | consists of the number of voting members serving on the |
| 25 | | Commission, not including any vacant positions. A quorum |
| 26 | | consists of a simple majority of total voting membership |
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| 1 | | and shall be sufficient to conduct the business of the |
| 2 | | commission, unless stipulated otherwise in the bylaws of |
| 3 | | the commission. A member may submit a proxy in writing to |
| 4 | | the Commission Co-Chairs or the Commission Staff Director |
| 5 | | no later than 24 hours before a scheduled meeting, and |
| 6 | | that proxy shall count toward the quorum for that meeting |
| 7 | | only. |
| 8 | | (4) Chairpersons. Two Co-Chairs of the commission |
| 9 | | shall be appointed by the Governor. The Co-Chairs shall be |
| 10 | | one member of the General Assembly and one person who is |
| 11 | | not a member of the General Assembly. |
| 12 | | (5) Meetings. The commission shall hold at least 2 |
| 13 | | in-person public meetings during each fiscal year. One |
| 14 | | meeting shall be held in the City of Chicago and one |
| 15 | | meeting shall be held in the City of Springfield. The |
| 16 | | commission may choose by a majority vote of its members to |
| 17 | | hold one virtual meeting, which is open to the public and |
| 18 | | over the Internet, in lieu of the 2 in-person public |
| 19 | | meetings required under this Section. |
| 20 | | (6) Compensation. Members shall not receive |
| 21 | | compensation for their services. |
| 22 | | (7) Annual report. By November 1 of each year, the |
| 23 | | commission shall submit a report to the Governor and the |
| 24 | | General Assembly setting forth recommendations with |
| 25 | | respect to the Governor's implementation of |
| 26 | | performance-based budgeting in Illinois State government |
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| 1 | | proposed outcomes and goals. The report shall be published |
| 2 | | on the Governor's Office of Management and Budget's |
| 3 | | website. In its report, the commission shall report on the |
| 4 | | status of comprehensive program assessments and benefit |
| 5 | | cost analysis of state agency programs conducted during |
| 6 | | the prior year propose a percentage of the total budget to |
| 7 | | be assigned to each proposed outcome and goal. |
| 8 | | The commission shall also review existing statutory |
| 9 | | mandates mandated expenditures and include in its report |
| 10 | | recommendations for the repeal or modification of statutory |
| 11 | | mandates and funds or the State treasury which are out-of-date |
| 12 | | or unduly burdensome to the operations of State government |
| 13 | | termination of mandated expenditures. |
| 14 | | The General Assembly may object to the commission's report |
| 15 | | by passing a joint resolution detailing the General Assembly's |
| 16 | | objections. |
| 17 | | (d) In addition, each other constitutional officer of the |
| 18 | | executive branch, in consultation with the appropriation |
| 19 | | committees of the General Assembly, shall: (i) prioritize |
| 20 | | outcomes that are most important for his or her office to |
| 21 | | achieve for the next fiscal year and (ii) set goals to |
| 22 | | accomplish those outcomes according to the priority of the |
| 23 | | outcome. The Governor and each constitutional officer shall |
| 24 | | separately conduct performance analyses to determine which |
| 25 | | programs, strategies, and activities will best achieve those |
| 26 | | desired outcomes. The Governor shall recommend that |
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| 1 | | appropriations be made to State agencies and officers for the |
| 2 | | next fiscal year based on the agreed upon result and outcome |
| 3 | | areas goals and priorities. Each agency and officer may |
| 4 | | develop its own strategies for meeting those goals and shall |
| 5 | | review and analyze those strategies on a regular basis. The |
| 6 | | Governor shall also implement procedures to measure annual |
| 7 | | progress toward the State's statewide results and outcomes |
| 8 | | highest priority outcomes and shall develop a statewide |
| 9 | | reporting system that collects performance data from all |
| 10 | | programs under the authority of the Governor compares the |
| 11 | | actual results with budgeted results. Those performance |
| 12 | | measures and results shall be posted on the Governor's Office |
| 13 | | of Management and Budget website State Comptroller's website, |
| 14 | | and compiled for distribution in the Comptroller's Public |
| 15 | | Accountability Report, as is currently the practice on the |
| 16 | | effective date of this amendatory Act of the 96th General |
| 17 | | Assembly.
|
| 18 | | (Source: P.A. 102-801, eff. 5-13-22.)
|
| 19 | | ARTICLE 75.
|
| 20 | | Section 75-5. The Freedom of Information Act is amended by |
| 21 | | changing Section 7.5 as follows:
|
| 22 | | (5 ILCS 140/7.5)
|
| 23 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
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| 1 | | by the statutes referenced below, the following shall be |
| 2 | | exempt from inspection and copying: |
| 3 | | (a) All information determined to be confidential |
| 4 | | under Section 4002 of the Technology Advancement and |
| 5 | | Development Act. |
| 6 | | (b) Library circulation and order records identifying |
| 7 | | library users with specific materials under the Library |
| 8 | | Records Confidentiality Act. |
| 9 | | (c) Applications, related documents, and medical |
| 10 | | records received by the Experimental Organ Transplantation |
| 11 | | Procedures Board and any and all documents or other |
| 12 | | records prepared by the Experimental Organ Transplantation |
| 13 | | Procedures Board or its staff relating to applications it |
| 14 | | has received. |
| 15 | | (d) Information and records held by the Department of |
| 16 | | Public Health and its authorized representatives relating |
| 17 | | to known or suspected cases of sexually transmissible |
| 18 | | disease or any information the disclosure of which is |
| 19 | | restricted under the Illinois Sexually Transmissible |
| 20 | | Disease Control Act. |
| 21 | | (e) Information the disclosure of which is exempted |
| 22 | | under Section 30 of the Radon Industry Licensing Act. |
| 23 | | (f) Firm performance evaluations under Section 55 of |
| 24 | | the Architectural, Engineering, and Land Surveying |
| 25 | | Qualifications Based Selection Act. |
| 26 | | (g) Information the disclosure of which is restricted |
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| 1 | | and exempted under Section 50 of the Illinois Prepaid |
| 2 | | Tuition Act. |
| 3 | | (h) Information the disclosure of which is exempted |
| 4 | | under the State Officials and Employees Ethics Act, and |
| 5 | | records of any lawfully created State or local inspector |
| 6 | | general's office that would be exempt if created or |
| 7 | | obtained by an Executive Inspector General's office under |
| 8 | | that Act. |
| 9 | | (i) Information contained in a local emergency energy |
| 10 | | plan submitted to a municipality in accordance with a |
| 11 | | local emergency energy plan ordinance that is adopted |
| 12 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 13 | | (j) Information and data concerning the distribution |
| 14 | | of surcharge moneys collected and remitted by carriers |
| 15 | | under the Emergency Telephone System Act. |
| 16 | | (k) Law enforcement officer identification information |
| 17 | | or driver identification information compiled by a law |
| 18 | | enforcement agency or the Department of Transportation |
| 19 | | under Section 11-212 of the Illinois Vehicle Code. |
| 20 | | (l) Records and information provided to a residential |
| 21 | | health care facility resident sexual assault and death |
| 22 | | review team or the Executive Council under the Abuse |
| 23 | | Prevention Review Team Act. |
| 24 | | (m) Information provided to the predatory lending |
| 25 | | database created pursuant to Article 3 of the Residential |
| 26 | | Real Property Disclosure Act, except to the extent |
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| 1 | | authorized under that Article. |
| 2 | | (n) Defense budgets and petitions for certification of |
| 3 | | compensation and expenses for court appointed trial |
| 4 | | counsel as provided under Sections 10 and 15 of the |
| 5 | | Capital Crimes Litigation Act. This subsection (n) shall |
| 6 | | apply until the conclusion of the trial of the case, even |
| 7 | | if the prosecution chooses not to pursue the death penalty |
| 8 | | prior to trial or sentencing. |
| 9 | | (o) Information that is prohibited from being |
| 10 | | disclosed under Section 4 of the Illinois Health and |
| 11 | | Hazardous Substances Registry Act. |
| 12 | | (p) Security portions of system safety program plans, |
| 13 | | investigation reports, surveys, schedules, lists, data, or |
| 14 | | information compiled, collected, or prepared by or for the |
| 15 | | Department of Transportation under Sections 2705-300 and |
| 16 | | 2705-616 of the Department of Transportation Law of the |
| 17 | | Civil Administrative Code of Illinois, the Regional |
| 18 | | Transportation Authority under Section 2.11 of the |
| 19 | | Regional Transportation Authority Act, or the St. Clair |
| 20 | | County Transit District under the Bi-State Transit Safety |
| 21 | | Act. |
| 22 | | (q) Information prohibited from being disclosed by the |
| 23 | | Personnel Record Review Act. |
| 24 | | (r) Information prohibited from being disclosed by the |
| 25 | | Illinois School Student Records Act. |
| 26 | | (s) Information the disclosure of which is restricted |
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| 1 | | under Section 5-108 of the Public Utilities Act.
|
| 2 | | (t) All identified or deidentified health information |
| 3 | | in the form of health data or medical records contained |
| 4 | | in, stored in, submitted to, transferred by, or released |
| 5 | | from the Illinois Health Information Exchange, and |
| 6 | | identified or deidentified health information in the form |
| 7 | | of health data and medical records of the Illinois Health |
| 8 | | Information Exchange in the possession of the Illinois |
| 9 | | Health Information Exchange Office due to its |
| 10 | | administration of the Illinois Health Information |
| 11 | | Exchange. The terms "identified" and "deidentified" shall |
| 12 | | be given the same meaning as in the Health Insurance |
| 13 | | Portability and Accountability Act of 1996, Public Law |
| 14 | | 104-191, or any subsequent amendments thereto, and any |
| 15 | | regulations promulgated thereunder. |
| 16 | | (u) Records and information provided to an independent |
| 17 | | team of experts under the Developmental Disability and |
| 18 | | Mental Health Safety Act (also known as Brian's Law). |
| 19 | | (v) Names and information of people who have applied |
| 20 | | for or received Firearm Owner's Identification Cards under |
| 21 | | the Firearm Owners Identification Card Act or applied for |
| 22 | | or received a concealed carry license under the Firearm |
| 23 | | Concealed Carry Act, unless otherwise authorized by the |
| 24 | | Firearm Concealed Carry Act; and databases under the |
| 25 | | Firearm Concealed Carry Act, records of the Concealed |
| 26 | | Carry Licensing Review Board under the Firearm Concealed |
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| 1 | | Carry Act, and law enforcement agency objections under the |
| 2 | | Firearm Concealed Carry Act. |
| 3 | | (v-5) Records of the Firearm Owner's Identification |
| 4 | | Card Review Board that are exempted from disclosure under |
| 5 | | Section 10 of the Firearm Owners Identification Card Act. |
| 6 | | (w) Personally identifiable information which is |
| 7 | | exempted from disclosure under subsection (g) of Section |
| 8 | | 19.1 of the Toll Highway Act. |
| 9 | | (x) Information which is exempted from disclosure |
| 10 | | under Section 5-1014.3 of the Counties Code or Section |
| 11 | | 8-11-21 of the Illinois Municipal Code. |
| 12 | | (y) Confidential information under the Adult |
| 13 | | Protective Services Act and its predecessor enabling |
| 14 | | statute, the Elder Abuse and Neglect Act, including |
| 15 | | information about the identity and administrative finding |
| 16 | | against any caregiver of a verified and substantiated |
| 17 | | decision of abuse, neglect, or financial exploitation of |
| 18 | | an eligible adult maintained in the Registry established |
| 19 | | under Section 7.5 of the Adult Protective Services Act. |
| 20 | | (z) Records and information provided to a fatality |
| 21 | | review team or the Illinois Fatality Review Team Advisory |
| 22 | | Council under Section 15 of the Adult Protective Services |
| 23 | | Act. |
| 24 | | (aa) Information which is exempted from disclosure |
| 25 | | under Section 2.37 of the Wildlife Code. |
| 26 | | (bb) Information which is or was prohibited from |
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| 1 | | disclosure by the Juvenile Court Act of 1987. |
| 2 | | (cc) Recordings made under the Law Enforcement |
| 3 | | Officer-Worn Body Camera Act, except to the extent |
| 4 | | authorized under that Act. |
| 5 | | (dd) Information that is prohibited from being |
| 6 | | disclosed under Section 45 of the Condominium and Common |
| 7 | | Interest Community Ombudsperson Act. |
| 8 | | (ee) Information that is exempted from disclosure |
| 9 | | under Section 30.1 of the Pharmacy Practice Act. |
| 10 | | (ff) Information that is exempted from disclosure |
| 11 | | under the Revised Uniform Unclaimed Property Act. |
| 12 | | (gg) Information that is prohibited from being |
| 13 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 14 | | Code. |
| 15 | | (hh) Records that are exempt from disclosure under |
| 16 | | Section 1A-16.7 of the Election Code. |
| 17 | | (ii) Information which is exempted from disclosure |
| 18 | | under Section 2505-800 of the Department of Revenue Law of |
| 19 | | the Civil Administrative Code of Illinois. |
| 20 | | (jj) Information and reports that are required to be |
| 21 | | submitted to the Department of Labor by registering day |
| 22 | | and temporary labor service agencies but are exempt from |
| 23 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 24 | | and Temporary Labor Services Act. |
| 25 | | (kk) Information prohibited from disclosure under the |
| 26 | | Seizure and Forfeiture Reporting Act. |
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| 1 | | (ll) Information the disclosure of which is restricted |
| 2 | | and exempted under Section 5-30.8 of the Illinois Public |
| 3 | | Aid Code. |
| 4 | | (mm) Records that are exempt from disclosure under |
| 5 | | Section 4.2 of the Crime Victims Compensation Act. |
| 6 | | (nn) Information that is exempt from disclosure under |
| 7 | | Section 70 of the Higher Education Student Assistance Act. |
| 8 | | (oo) Communications, notes, records, and reports |
| 9 | | arising out of a peer support counseling session |
| 10 | | prohibited from disclosure under the First Responders |
| 11 | | Suicide Prevention Act. |
| 12 | | (pp) Names and all identifying information relating to |
| 13 | | an employee of an emergency services provider or law |
| 14 | | enforcement agency under the First Responders Suicide |
| 15 | | Prevention Act. |
| 16 | | (qq) Information and records held by the Department of |
| 17 | | Public Health and its authorized representatives collected |
| 18 | | under the Reproductive Health Act. |
| 19 | | (rr) Information that is exempt from disclosure under |
| 20 | | the Cannabis Regulation and Tax Act. |
| 21 | | (ss) Data reported by an employer to the Department of |
| 22 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 23 | | Human Rights Act. |
| 24 | | (tt) Recordings made under the Children's Advocacy |
| 25 | | Center Act, except to the extent authorized under that |
| 26 | | Act. |
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| 1 | | (uu) Information that is exempt from disclosure under |
| 2 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 3 | | (vv) Information that is exempt from disclosure under |
| 4 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 5 | | Public Aid Code. |
| 6 | | (ww) Information that is exempt from disclosure under |
| 7 | | Section 16.8 of the State Treasurer Act. |
| 8 | | (xx) Information that is exempt from disclosure or |
| 9 | | information that shall not be made public under the |
| 10 | | Illinois Insurance Code. |
| 11 | | (yy) Information prohibited from being disclosed under |
| 12 | | the Illinois Educational Labor Relations Act. |
| 13 | | (zz) Information prohibited from being disclosed under |
| 14 | | the Illinois Public Labor Relations Act. |
| 15 | | (aaa) Information prohibited from being disclosed |
| 16 | | under Section 1-167 of the Illinois Pension Code. |
| 17 | | (bbb) Information that is prohibited from disclosure |
| 18 | | by the Illinois Police Training Act and the Illinois State |
| 19 | | Police Act. |
| 20 | | (ccc) Records exempt from disclosure under Section
|
| 21 | | 2605-304 of the Illinois State Police Law of the Civil
|
| 22 | | Administrative Code of Illinois. |
| 23 | | (ddd) Information prohibited from being disclosed |
| 24 | | under Section 35 of the Address Confidentiality for |
| 25 | | Victims of Domestic Violence, Sexual Assault, Human |
| 26 | | Trafficking, or Stalking Act. |
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| 1 | | (eee) Information prohibited from being disclosed |
| 2 | | under subsection (b) of Section 75 of the Domestic |
| 3 | | Violence Fatality Review Act. |
| 4 | | (fff) Images from cameras under the Expressway Camera |
| 5 | | Act. This subsection (fff) is inoperative on and after |
| 6 | | July 1, 2023. |
| 7 | | (ggg) Information prohibited from disclosure under |
| 8 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 9 | | Agency Licensing Act. |
| 10 | | (hhh) Information submitted to the Illinois Department |
| 11 | | of State Police in an affidavit or application for an |
| 12 | | assault weapon endorsement, assault weapon attachment |
| 13 | | endorsement, .50 caliber rifle endorsement, or .50 caliber |
| 14 | | cartridge endorsement under the Firearm Owners |
| 15 | | Identification Card Act. |
| 16 | | (iii) Data exempt from disclosure under Section
50 of |
| 17 | | the School Safety Drill Act. |
| 18 | | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
| 19 | | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
| 20 | | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
| 21 | | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
| 22 | | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
| 23 | | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
| 24 | | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
| 25 | | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
| 26 | | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised |
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| 1 | | 2-13-23.)
|
| 2 | | Section 75-10. The School Safety Drill Act is amended by |
| 3 | | adding Section 50 as follows:
|
| 4 | | (105 ILCS 128/50 new) |
| 5 | | Sec. 50. Crisis response mapping data grants. |
| 6 | | (a) Subject to appropriation, a public school district, a |
| 7 | | charter school, a special education cooperative or district, |
| 8 | | an education for employment system, a State-approved area |
| 9 | | career center, a public university laboratory school, the |
| 10 | | Illinois Mathematics and Science Academy, the Department of |
| 11 | | Juvenile Justice School District, a regional office of |
| 12 | | education, the Illinois School for the Deaf, the Illinois |
| 13 | | School for the Visually Impaired, the Philip J. Rock Center |
| 14 | | and School, an early childhood or preschool program supported |
| 15 | | by the Early Childhood Block Grant, or any other public school |
| 16 | | entity designated by the State Board of Education by rule, may |
| 17 | | apply to the State Board of Education or the State Board of |
| 18 | | Education or the State Board's designee for a grant to obtain |
| 19 | | crisis response mapping data and to provide copies of the |
| 20 | | crisis response mapping data to appropriate local, county, |
| 21 | | State, and federal first responders for use in response to |
| 22 | | emergencies. The crisis response mapping data shall be stored |
| 23 | | and provided in an electronic or digital format to assist |
| 24 | | first responders in responding to emergencies at the school. |
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| 1 | | (b) Subject to appropriation, including funding for any |
| 2 | | administrative costs reasonably incurred by the State Board of |
| 3 | | Education or the State Board's designee in the administration |
| 4 | | of the grant program described by this Section, the State |
| 5 | | Board shall provide grants to any entity in subsection (a) |
| 6 | | upon approval of an application submitted by the entity to |
| 7 | | cover the costs incurred in obtaining crisis response mapping |
| 8 | | data under this Section. The grant application must include |
| 9 | | crisis response mapping data for all schools under the |
| 10 | | jurisdiction of the entity submitting the application, |
| 11 | | including, in the case of a public school district, any |
| 12 | | charter schools authorized by the school board for the school |
| 13 | | district. |
| 14 | | (c) To be eligible for a grant under this Section, the |
| 15 | | crisis response mapping data must, at a minimum: |
| 16 | | (1) be compatible and integrate into security software |
| 17 | | platforms in use by the specific school for which the data |
| 18 | | is provided without requiring local law enforcement |
| 19 | | agencies or the school district to purchase additional |
| 20 | | software or requiring the integration of third-party |
| 21 | | software to view the data; |
| 22 | | (2) be compatible with security software platforms in |
| 23 | | use by the specific school for which the data is provided |
| 24 | | without requiring local public safety agencies or the |
| 25 | | school district to purchase additional software or |
| 26 | | requiring the integration of third-party software to view |
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| 1 | | the data; |
| 2 | | (3) be capable of being provided in a printable |
| 3 | | format; |
| 4 | | (4) be verified for accuracy by an on-site |
| 5 | | walk-through of the school building and grounds; |
| 6 | | (5) be oriented to true north; |
| 7 | | (6) be overlaid on current aerial imagery or plans of |
| 8 | | the school building; |
| 9 | | (7) contain site-specific labeling that matches the |
| 10 | | structure of the school building, including room labels, |
| 11 | | hallway names, and external door or stairwell numbers and |
| 12 | | the location of hazards, critical utilities, key boxes, |
| 13 | | automated external defibrillators, and trauma kits, and |
| 14 | | that matches the school grounds, including parking areas, |
| 15 | | athletic fields, surrounding roads, and neighboring |
| 16 | | properties; and |
| 17 | | (8) be overlaid with gridded x/y coordinates. |
| 18 | | (d) Subject to appropriation, the crisis response mapping |
| 19 | | data may be reviewed annually to update the data as necessary. |
| 20 | | (e) Crisis response mapping data obtained pursuant to this |
| 21 | | Section are confidential and exempt from disclosure under the
|
| 22 | | Freedom of Information Act. |
| 23 | | (f) The State Board may adopt rules to implement the |
| 24 | | provisions of this Section.
|
| 25 | | ARTICLE 80.
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| 1 | | Section 80-5. The School Code is amended by changing |
| 2 | | Sections 10-20.21, 34-18, and 34-21.3 as follows:
|
| 3 | | (105 ILCS 5/10-20.21)
|
| 4 | | Sec. 10-20.21. Contracts.
|
| 5 | | (a)
To award all contracts for
purchase of supplies and |
| 6 | | materials or work involving an expenditure in excess of |
| 7 | | $35,000 $25,000 or a lower amount as required by board policy
|
| 8 | | to the lowest responsible bidder, considering conformity with
|
| 9 | | specifications, terms of delivery, quality and serviceability, |
| 10 | | after due
advertisement, except the following: |
| 11 | | (i) contracts for the services of
individuals |
| 12 | | possessing a high degree of professional skill where the
|
| 13 | | ability or fitness of the individual plays an important |
| 14 | | part; |
| 15 | | (ii)
contracts for the printing of finance committee |
| 16 | | reports and departmental
reports; |
| 17 | | (iii) contracts for the printing or engraving of |
| 18 | | bonds, tax
warrants and other evidences of indebtedness; |
| 19 | | (iv) contracts for the
purchase of perishable foods |
| 20 | | and perishable beverages; |
| 21 | | (v) contracts for
materials and work which have been |
| 22 | | awarded to the lowest responsible bidder
after due |
| 23 | | advertisement, but due to unforeseen revisions, not the |
| 24 | | fault of
the contractor for materials and work, must be |
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| 1 | | revised causing expenditures
not in excess of 10% of the |
| 2 | | contract price; |
| 3 | | (vi)
contracts for the maintenance or servicing of, or |
| 4 | | provision of
repair parts for, equipment which are made |
| 5 | | with the manufacturer or
authorized service agent of that |
| 6 | | equipment where the provision of parts,
maintenance, or |
| 7 | | servicing can best be performed by the manufacturer or
|
| 8 | | authorized service agent; |
| 9 | | (vii) purchases and contracts for the use,
purchase, |
| 10 | | delivery, movement, or installation of data processing |
| 11 | | equipment,
software, or services and telecommunications |
| 12 | | and interconnect
equipment, software, and services; |
| 13 | | (viii) contracts for duplicating
machines and |
| 14 | | supplies; |
| 15 | | (ix) contracts for the purchase of fuel, including |
| 16 | | diesel, gasoline, oil, aviation, natural gas, or propane, |
| 17 | | lubricants, or other petroleum products; |
| 18 | | (x) purchases of
equipment previously owned by some |
| 19 | | entity other than the district
itself; |
| 20 | | (xi) contracts for repair, maintenance, remodeling, |
| 21 | | renovation, or
construction, or a single project involving |
| 22 | | an expenditure not to exceed
$50,000 and not involving a |
| 23 | | change or increase in the size, type, or extent
of an |
| 24 | | existing facility; |
| 25 | | (xii) contracts for goods or services procured
from |
| 26 | | another governmental agency; |
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| 1 | | (xiii) contracts for goods or services
which are |
| 2 | | economically procurable from only one source, such as for |
| 3 | | the
purchase of magazines, books, periodicals, pamphlets |
| 4 | | and reports, and for
utility services such as water, |
| 5 | | light, heat, telephone or telegraph;
|
| 6 | | (xiv) where funds are expended in an emergency and |
| 7 | | such emergency
expenditure is approved by 3/4 of the |
| 8 | | members of the board; |
| 9 | | (xv) State master contracts authorized under Article |
| 10 | | 28A of this Code; |
| 11 | | (xvi) contracts providing for the transportation of |
| 12 | | pupils, which contracts must be advertised in the same |
| 13 | | manner as competitive bids and awarded by first |
| 14 | | considering the bidder or bidders most able to provide |
| 15 | | safety and comfort for the pupils, stability of service, |
| 16 | | and any other factors set forth in the request for |
| 17 | | proposal regarding quality of service, and then price; and |
| 18 | | (xvii) contracts for goods, services, or management in |
| 19 | | the operation of a school's food service, including a |
| 20 | | school that participates in any of the United States |
| 21 | | Department of Agriculture's child nutrition programs if a |
| 22 | | good faith effort is made on behalf of the school district |
| 23 | | to give preference to: |
| 24 | | (1) contracts that procure food that promotes the |
| 25 | | health and well-being of students, in compliance with |
| 26 | | United States Department of Agriculture nutrition |
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| 1 | | standards for school meals. Contracts should also |
| 2 | | promote the production of scratch made, minimally |
| 3 | | processed foods; |
| 4 | | (2) contracts that give a preference to State or |
| 5 | | regional suppliers that source local food products; |
| 6 | | (3) contracts that give a preference to food |
| 7 | | suppliers that utilize producers that adopt hormone |
| 8 | | and pest management practices recommended by the |
| 9 | | United States Department of Agriculture; |
| 10 | | (4) contracts that give a preference to food |
| 11 | | suppliers that value animal welfare; and |
| 12 | | (5) contracts that increase opportunities for |
| 13 | | businesses owned and operated by minorities, women, or |
| 14 | | persons with disabilities. |
| 15 | | Food supplier data shall be submitted to the school |
| 16 | | district at the time of the bid, to the best of the |
| 17 | | bidder's ability, and updated annually thereafter during |
| 18 | | the term of the contract. The contractor shall submit the |
| 19 | | updated food supplier data. The data required under this |
| 20 | | item (xvii) shall include the name and address of each |
| 21 | | supplier, distributor, processor, and producer involved in |
| 22 | | the provision of the products that the bidder is to |
| 23 | | supply. |
| 24 | | However, at no time shall a cause of action lie against a |
| 25 | | school board for awarding a pupil transportation contract per |
| 26 | | the standards set forth in this subsection (a) unless the |
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| 1 | | cause of action is based on fraudulent conduct. |
| 2 | | All competitive
bids for contracts involving an |
| 3 | | expenditure in excess of $35,000 $25,000 or a lower amount as |
| 4 | | required by board policy must be
sealed by the bidder and must |
| 5 | | be opened by a member or employee of the
school board at a |
| 6 | | public bid opening at which the contents of the bids
must be |
| 7 | | announced. Each bidder must receive at least 3 days' notice of |
| 8 | | the
time and place of the bid opening. For purposes of this |
| 9 | | Section due
advertisement includes, but is not limited to, at |
| 10 | | least one public notice
at least 10 days before the bid date in |
| 11 | | a newspaper published in the
district, or if no newspaper is |
| 12 | | published in the district, in a newspaper
of general |
| 13 | | circulation in the area of the district. State master |
| 14 | | contracts and certified education purchasing contracts, as |
| 15 | | defined in Article 28A of this Code, are not subject to the |
| 16 | | requirements of this paragraph.
|
| 17 | | Under this Section, the acceptance of bids sealed by a |
| 18 | | bidder and the opening of these bids at a public bid opening |
| 19 | | may be permitted by an electronic process for communicating, |
| 20 | | accepting, and opening competitive bids. An electronic bidding |
| 21 | | process must provide for, but is not limited to, the following |
| 22 | | safeguards: |
| 23 | | (1) On the date and time certain of a bid opening, the |
| 24 | | primary person conducting the competitive, sealed, |
| 25 | | electronic bid process shall log onto a specified database |
| 26 | | using a unique username and password previously assigned |
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| 1 | | to the bidder to allow access to the bidder's specific bid |
| 2 | | project number. |
| 3 | | (2) The specified electronic database must be on a |
| 4 | | network that (i) is in a secure environment behind a |
| 5 | | firewall; (ii) has specific encryption tools; (iii) |
| 6 | | maintains specific intrusion detection systems; (iv) has |
| 7 | | redundant systems architecture with data storage back-up, |
| 8 | | whether by compact disc or tape; and (v) maintains a |
| 9 | | disaster recovery plan.
|
| 10 | | It is the legislative intent of Public Act 96-841 to maintain |
| 11 | | the integrity of the sealed bidding process provided for in |
| 12 | | this Section, to further limit any possibility of bid-rigging, |
| 13 | | to reduce administrative costs to school districts, and to |
| 14 | | effect efficiencies in communications with bidders. |
| 15 | | (b) To require, as a condition of any contract for goods |
| 16 | | and services,
that persons
bidding for and awarded a contract |
| 17 | | and all affiliates of the person collect and
remit
Illinois |
| 18 | | Use Tax on all sales of tangible personal property into the |
| 19 | | State of
Illinois in
accordance with the provisions of the |
| 20 | | Illinois Use Tax Act regardless of whether
the
person or |
| 21 | | affiliate is a "retailer maintaining a place of business |
| 22 | | within this
State" as
defined in Section 2 of the Use Tax Act. |
| 23 | | For purposes of this Section, the term
"affiliate"
means any |
| 24 | | entity that (1) directly, indirectly, or constructively |
| 25 | | controls
another entity, (2)
is directly, indirectly, or |
| 26 | | constructively controlled by another entity, or (3)
is subject |
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| 1 | | to
the control of a common entity. For purposes of this |
| 2 | | subsection (b), an entity
controls
another entity if it owns, |
| 3 | | directly or individually, more than 10% of the
voting
|
| 4 | | securities
of that entity. As used in this subsection (b), the |
| 5 | | term "voting security"
means a security
that (1) confers upon |
| 6 | | the holder the right to vote for the election of members
of the |
| 7 | | board
of directors or similar governing body of the business |
| 8 | | or (2) is convertible
into, or entitles
the holder to receive |
| 9 | | upon its exercise, a security that confers such a right
to
|
| 10 | | vote. A
general partnership interest is a voting security.
|
| 11 | | To require that bids and contracts include a certification |
| 12 | | by the bidder
or
contractor that the bidder or contractor is |
| 13 | | not barred from bidding for or
entering into a
contract under |
| 14 | | this Section and that the bidder or contractor acknowledges |
| 15 | | that
the school
board may declare the contract void if the |
| 16 | | certification completed pursuant to
this
subsection (b) is |
| 17 | | false.
|
| 18 | | (b-5) To require all contracts and agreements that pertain |
| 19 | | to goods and services and that are intended to generate |
| 20 | | additional revenue and other remunerations for the school |
| 21 | | district in excess of $1,000, including without limitation |
| 22 | | vending machine contracts, sports and other attire, class |
| 23 | | rings, and photographic services, to be approved by the school |
| 24 | | board. The school board shall file as an attachment to its |
| 25 | | annual budget a report, in a form as determined by the State |
| 26 | | Board of Education, indicating for the prior year the name of |
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| 1 | | the vendor, the product or service provided, and the actual |
| 2 | | net revenue and non-monetary remuneration from each of the |
| 3 | | contracts or agreements. In addition, the report shall |
| 4 | | indicate for what purpose the revenue was used and how and to |
| 5 | | whom the non-monetary remuneration was distributed.
|
| 6 | | (b-10) To prohibit any contract to purchase food with a |
| 7 | | bidder or offeror if the bidder's or offeror's contract terms |
| 8 | | prohibit the school from donating food to food banks, |
| 9 | | including, but not limited to, homeless shelters, food |
| 10 | | pantries, and soup kitchens. |
| 11 | | (c) If the State education purchasing entity creates a |
| 12 | | master contract as defined in Article 28A of this Code, then |
| 13 | | the State education purchasing entity shall notify school |
| 14 | | districts of the existence of the master contract. |
| 15 | | (d) In purchasing supplies, materials, equipment, or |
| 16 | | services that are not subject to subsection (c) of this |
| 17 | | Section, before a school district solicits bids or awards a |
| 18 | | contract, the district may review and consider as a bid under |
| 19 | | subsection (a) of this Section certified education purchasing |
| 20 | | contracts that are already available through the State |
| 21 | | education purchasing entity. |
| 22 | | (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20; |
| 23 | | 102-1101, eff. 6-29-22.)
|
| 24 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
|
| 25 | | Sec. 34-18. Powers of the board. The board shall exercise |
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| 1 | | general
supervision and jurisdiction over the public education |
| 2 | | and the public
school system of the city, and, except as |
| 3 | | otherwise provided by this
Article, shall have power:
|
| 4 | | 1. To make suitable provision for the establishment |
| 5 | | and maintenance
throughout the year or for such portion |
| 6 | | thereof as it may direct, not
less than 9 months and in |
| 7 | | compliance with Section 10-19.05, of schools of all grades |
| 8 | | and kinds, including normal
schools, high schools, night |
| 9 | | schools, schools for defectives and
delinquents, parental |
| 10 | | and truant schools, schools for the blind, the
deaf, and |
| 11 | | persons with physical disabilities, schools or classes in |
| 12 | | manual training,
constructural and vocational teaching, |
| 13 | | domestic arts, and physical
culture, vocation and |
| 14 | | extension schools and lecture courses, and all
other |
| 15 | | educational courses and facilities, including |
| 16 | | establishing,
equipping, maintaining and operating |
| 17 | | playgrounds and recreational
programs, when such programs |
| 18 | | are conducted in, adjacent to, or connected
with any |
| 19 | | public school under the general supervision and |
| 20 | | jurisdiction
of the board; provided that the calendar for |
| 21 | | the school term and any changes must be submitted to and |
| 22 | | approved by the State Board of Education before the |
| 23 | | calendar or changes may take effect, and provided that in |
| 24 | | allocating funds
from year to year for the operation of |
| 25 | | all attendance centers within the
district, the board |
| 26 | | shall ensure that supplemental general State aid or |
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| 1 | | supplemental grant funds
are allocated and applied in |
| 2 | | accordance with Section 18-8, 18-8.05, or 18-8.15. To
|
| 3 | | admit to such
schools without charge foreign exchange |
| 4 | | students who are participants in
an organized exchange |
| 5 | | student program which is authorized by the board.
The |
| 6 | | board shall permit all students to enroll in |
| 7 | | apprenticeship programs
in trade schools operated by the |
| 8 | | board, whether those programs are
union-sponsored or not. |
| 9 | | No student shall be refused admission into or
be excluded |
| 10 | | from any course of instruction offered in the common |
| 11 | | schools
by reason of that student's sex. No student shall |
| 12 | | be denied equal
access to physical education and |
| 13 | | interscholastic athletic programs
supported from school |
| 14 | | district funds or denied participation in
comparable |
| 15 | | physical education and athletic programs solely by reason |
| 16 | | of
the student's sex. Equal access to programs supported |
| 17 | | from school
district funds and comparable programs will be |
| 18 | | defined in rules
promulgated by the State Board of |
| 19 | | Education in
consultation with the Illinois High School |
| 20 | | Association.
Notwithstanding any other provision of this |
| 21 | | Article, neither the board
of education nor any local |
| 22 | | school council or other school official shall
recommend |
| 23 | | that children with disabilities be placed into regular |
| 24 | | education
classrooms unless those children with |
| 25 | | disabilities are provided with
supplementary services to |
| 26 | | assist them so that they benefit from the regular
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| 1 | | classroom instruction and are included on the teacher's |
| 2 | | regular education
class register;
|
| 3 | | 2. To furnish lunches to pupils, to make a reasonable |
| 4 | | charge
therefor, and to use school funds for the payment |
| 5 | | of such expenses as
the board may determine are necessary |
| 6 | | in conducting the school lunch
program;
|
| 7 | | 3. To co-operate with the circuit court;
|
| 8 | | 4. To make arrangements with the public or |
| 9 | | quasi-public libraries
and museums for the use of their |
| 10 | | facilities by teachers and pupils of
the public schools;
|
| 11 | | 5. To employ dentists and prescribe their duties for |
| 12 | | the purpose of
treating the pupils in the schools, but |
| 13 | | accepting such treatment shall
be optional with parents or |
| 14 | | guardians;
|
| 15 | | 6. To grant the use of assembly halls and classrooms |
| 16 | | when not
otherwise needed, including light, heat, and |
| 17 | | attendants, for free public
lectures, concerts, and other |
| 18 | | educational and social interests, free of
charge, under |
| 19 | | such provisions and control as the principal of the
|
| 20 | | affected attendance center may prescribe;
|
| 21 | | 7. To apportion the pupils to the several schools; |
| 22 | | provided that no pupil
shall be excluded from or |
| 23 | | segregated in any such school on account of his
color, |
| 24 | | race, sex, or nationality. The board shall take into |
| 25 | | consideration
the prevention of segregation and the |
| 26 | | elimination of separation of children
in public schools |
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| 1 | | because of color, race, sex, or nationality. Except that
|
| 2 | | children may be committed to or attend parental and social |
| 3 | | adjustment schools
established and maintained either for |
| 4 | | boys or girls only. All records
pertaining to the |
| 5 | | creation, alteration or revision of attendance areas shall
|
| 6 | | be open to the public. Nothing herein shall limit the |
| 7 | | board's authority to
establish multi-area attendance |
| 8 | | centers or other student assignment systems
for |
| 9 | | desegregation purposes or otherwise, and to apportion the |
| 10 | | pupils to the
several schools. Furthermore, beginning in |
| 11 | | school year 1994-95, pursuant
to a board plan adopted by |
| 12 | | October 1, 1993, the board shall offer, commencing
on a |
| 13 | | phased-in basis, the opportunity for families within the |
| 14 | | school
district to apply for enrollment of their children |
| 15 | | in any attendance center
within the school district which |
| 16 | | does not have selective admission
requirements approved by |
| 17 | | the board. The appropriate geographical area in
which such |
| 18 | | open enrollment may be exercised shall be determined by |
| 19 | | the
board of education. Such children may be admitted to |
| 20 | | any such attendance
center on a space available basis |
| 21 | | after all children residing within such
attendance |
| 22 | | center's area have been accommodated. If the number of
|
| 23 | | applicants from outside the attendance area exceed the |
| 24 | | space available,
then successful applicants shall be |
| 25 | | selected by lottery. The board of
education's open |
| 26 | | enrollment plan must include provisions that allow |
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| 1 | | low-income students to have access to transportation |
| 2 | | needed to exercise school
choice. Open enrollment shall be |
| 3 | | in compliance with the provisions of the
Consent Decree |
| 4 | | and Desegregation Plan cited in Section 34-1.01;
|
| 5 | | 8. To approve programs and policies for providing |
| 6 | | transportation
services to students. Nothing herein shall |
| 7 | | be construed to permit or empower
the State Board of |
| 8 | | Education to order, mandate, or require busing or other
|
| 9 | | transportation of pupils for the purpose of achieving |
| 10 | | racial balance in any
school;
|
| 11 | | 9. Subject to the limitations in this Article, to |
| 12 | | establish and
approve system-wide curriculum objectives |
| 13 | | and standards, including graduation
standards, which |
| 14 | | reflect the
multi-cultural diversity in the city and are |
| 15 | | consistent with State law,
provided that for all purposes |
| 16 | | of this Article courses or
proficiency in American Sign |
| 17 | | Language shall be deemed to constitute courses
or |
| 18 | | proficiency in a foreign language; and to employ |
| 19 | | principals and teachers,
appointed as provided in this
|
| 20 | | Article, and fix their compensation. The board shall |
| 21 | | prepare such reports
related to minimal competency testing |
| 22 | | as may be requested by the State
Board of Education and, in |
| 23 | | addition, shall monitor and approve special
education and |
| 24 | | bilingual education programs and policies within the |
| 25 | | district to ensure
that appropriate services are provided |
| 26 | | in accordance with applicable
State and federal laws to |
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| 1 | | children requiring services and education in those
areas;
|
| 2 | | 10. To employ non-teaching personnel or utilize |
| 3 | | volunteer personnel
for: (i) non-teaching duties not |
| 4 | | requiring instructional judgment or
evaluation of pupils, |
| 5 | | including library duties; and (ii) supervising study
|
| 6 | | halls, long distance teaching reception areas used |
| 7 | | incident to instructional
programs transmitted by |
| 8 | | electronic media such as computers, video, and audio,
|
| 9 | | detention and discipline areas, and school-sponsored |
| 10 | | extracurricular
activities. The board may further utilize |
| 11 | | volunteer nonlicensed
personnel or employ nonlicensed |
| 12 | | personnel to
assist in the instruction of pupils under the |
| 13 | | immediate supervision of a
teacher holding a valid |
| 14 | | educator license, directly engaged in teaching
subject |
| 15 | | matter or conducting activities; provided that the teacher
|
| 16 | | shall be continuously aware of the nonlicensed persons' |
| 17 | | activities and
shall be able to control or modify them. |
| 18 | | The general superintendent shall
determine qualifications |
| 19 | | of such personnel and shall prescribe rules for
|
| 20 | | determining the duties and activities to be assigned to |
| 21 | | such personnel;
|
| 22 | | 10.5. To utilize volunteer personnel from a regional |
| 23 | | School Crisis
Assistance Team (S.C.A.T.), created as part |
| 24 | | of the Safe to Learn Program
established pursuant to |
| 25 | | Section 25 of the Illinois Violence Prevention Act
of |
| 26 | | 1995, to provide assistance to schools in times of |
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| 1 | | violence or other
traumatic incidents within a school |
| 2 | | community by providing crisis
intervention services to |
| 3 | | lessen the effects of emotional trauma on
individuals and |
| 4 | | the community; the School Crisis Assistance Team
Steering |
| 5 | | Committee shall determine the qualifications for |
| 6 | | volunteers;
|
| 7 | | 11. To provide television studio facilities in not to |
| 8 | | exceed one
school building and to provide programs for |
| 9 | | educational purposes,
provided, however, that the board |
| 10 | | shall not construct, acquire, operate,
or maintain a |
| 11 | | television transmitter; to grant the use of its studio
|
| 12 | | facilities to a licensed television station located in the |
| 13 | | school
district; and to maintain and operate not to exceed |
| 14 | | one school radio
transmitting station and provide programs |
| 15 | | for educational purposes;
|
| 16 | | 12. To offer, if deemed appropriate, outdoor education |
| 17 | | courses,
including field trips within the State of |
| 18 | | Illinois, or adjacent states,
and to use school |
| 19 | | educational funds for the expense of the said outdoor
|
| 20 | | educational programs, whether within the school district |
| 21 | | or not;
|
| 22 | | 13. During that period of the calendar year not |
| 23 | | embraced within the
regular school term, to provide and |
| 24 | | conduct courses in subject matters
normally embraced in |
| 25 | | the program of the schools during the regular
school term |
| 26 | | and to give regular school credit for satisfactory
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| 1 | | completion by the student of such courses as may be |
| 2 | | approved for credit
by the State Board of Education;
|
| 3 | | 14. To insure against any loss or liability of the |
| 4 | | board,
the former School Board Nominating Commission, |
| 5 | | Local School Councils, the
Chicago Schools Academic |
| 6 | | Accountability Council, or the former Subdistrict
Councils |
| 7 | | or of any member, officer, agent, or employee thereof, |
| 8 | | resulting
from alleged violations of civil rights arising |
| 9 | | from incidents occurring on
or after September 5, 1967 or |
| 10 | | from the wrongful or negligent act or
omission of any such |
| 11 | | person whether occurring within or without the school
|
| 12 | | premises, provided the officer, agent, or employee was, at |
| 13 | | the time of the
alleged violation of civil rights or |
| 14 | | wrongful act or omission, acting
within the scope of his |
| 15 | | or her employment or under direction of the board, the
|
| 16 | | former School
Board Nominating Commission, the Chicago |
| 17 | | Schools Academic Accountability
Council, Local School |
| 18 | | Councils, or the former Subdistrict Councils;
and to |
| 19 | | provide for or participate in insurance plans for its |
| 20 | | officers and
employees, including, but not limited to, |
| 21 | | retirement annuities, medical,
surgical and |
| 22 | | hospitalization benefits in such types and amounts as may |
| 23 | | be
determined by the board; provided, however, that the |
| 24 | | board shall contract
for such insurance only with an |
| 25 | | insurance company authorized to do business
in this State. |
| 26 | | Such insurance may include provision for employees who |
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| 1 | | rely
on treatment by prayer or spiritual means alone for |
| 2 | | healing, in accordance
with the tenets and practice of a |
| 3 | | recognized religious denomination;
|
| 4 | | 15. To contract with the corporate authorities of any |
| 5 | | municipality
or the county board of any county, as the |
| 6 | | case may be, to provide for
the regulation of traffic in |
| 7 | | parking areas of property used for school
purposes, in |
| 8 | | such manner as is provided by Section 11-209 of the
|
| 9 | | Illinois Vehicle Code;
|
| 10 | | 16. (a) To provide, on an equal basis, access to a high
|
| 11 | | school campus and student directory information to the
|
| 12 | | official recruiting representatives of the armed forces of |
| 13 | | Illinois and
the United States for the purposes of |
| 14 | | informing students of the educational
and career |
| 15 | | opportunities available in the military if the board has |
| 16 | | provided
such access to persons or groups whose purpose is |
| 17 | | to acquaint students with
educational or occupational |
| 18 | | opportunities available to them. The board
is not required |
| 19 | | to give greater notice regarding the right of access to
|
| 20 | | recruiting representatives than is given to other persons |
| 21 | | and groups. In
this paragraph 16, "directory information" |
| 22 | | means a high school
student's name, address, and telephone |
| 23 | | number.
|
| 24 | | (b) If a student or his or her parent or guardian |
| 25 | | submits a signed,
written request to the high school |
| 26 | | before the end of the student's sophomore
year (or if the |
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| 1 | | student is a transfer student, by another time set by
the |
| 2 | | high school) that indicates that the student or his or her |
| 3 | | parent or
guardian does
not want the student's directory |
| 4 | | information to be provided to official
recruiting |
| 5 | | representatives under subsection (a) of this Section, the |
| 6 | | high
school may not provide access to the student's |
| 7 | | directory information to
these recruiting representatives. |
| 8 | | The high school shall notify its
students and their |
| 9 | | parents or guardians of the provisions of this
subsection |
| 10 | | (b).
|
| 11 | | (c) A high school may require official recruiting |
| 12 | | representatives of
the armed forces of Illinois and the |
| 13 | | United States to pay a fee for copying
and mailing a |
| 14 | | student's directory information in an amount that is not
|
| 15 | | more than the actual costs incurred by the high school.
|
| 16 | | (d) Information received by an official recruiting |
| 17 | | representative
under this Section may be used only to |
| 18 | | provide information to students
concerning educational and |
| 19 | | career opportunities available in the military
and may not |
| 20 | | be released to a person who is not involved in recruiting
|
| 21 | | students for the armed forces of Illinois or the United |
| 22 | | States;
|
| 23 | | 17. (a) To sell or market any computer program |
| 24 | | developed by an employee
of the school district, provided |
| 25 | | that such employee developed the computer
program as a |
| 26 | | direct result of his or her duties with the school |
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| 1 | | district
or through the utilization of school district |
| 2 | | resources or facilities.
The employee who developed the |
| 3 | | computer program shall be entitled to share
in the |
| 4 | | proceeds of such sale or marketing of the computer |
| 5 | | program. The
distribution of such proceeds between the |
| 6 | | employee and the school district
shall be as agreed upon |
| 7 | | by the employee and the school district, except
that |
| 8 | | neither the employee nor the school district may receive |
| 9 | | more than 90%
of such proceeds. The negotiation for an |
| 10 | | employee who is represented by an
exclusive bargaining |
| 11 | | representative may be conducted by such bargaining
|
| 12 | | representative at the employee's request.
|
| 13 | | (b) For the purpose of this paragraph 17:
|
| 14 | | (1) "Computer" means an internally programmed, |
| 15 | | general purpose digital
device capable of |
| 16 | | automatically accepting data, processing data and |
| 17 | | supplying
the results of the operation.
|
| 18 | | (2) "Computer program" means a series of coded |
| 19 | | instructions or
statements in a form acceptable to a |
| 20 | | computer, which causes the computer to
process data in |
| 21 | | order to achieve a certain result.
|
| 22 | | (3) "Proceeds" means profits derived from the |
| 23 | | marketing or sale of a product
after deducting the |
| 24 | | expenses of developing and marketing such product;
|
| 25 | | 18. To delegate to the general superintendent of
|
| 26 | | schools, by resolution, the authority to approve contracts |
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| 1 | | and expenditures
in amounts of $35,000 $10,000 or less;
|
| 2 | | 19. Upon the written request of an employee, to |
| 3 | | withhold from
the compensation of that employee any dues, |
| 4 | | payments, or contributions
payable by such employee to any |
| 5 | | labor organization as defined in the
Illinois Educational |
| 6 | | Labor Relations Act. Under such arrangement, an
amount |
| 7 | | shall be withheld from each regular payroll period which |
| 8 | | is equal to
the pro rata share of the annual dues plus any |
| 9 | | payments or contributions,
and the board shall transmit |
| 10 | | such withholdings to the specified labor
organization |
| 11 | | within 10 working days from the time of the withholding;
|
| 12 | | 19a. Upon receipt of notice from the comptroller of a |
| 13 | | municipality with
a population of 500,000 or more, a |
| 14 | | county with a population of 3,000,000 or
more, the Cook |
| 15 | | County Forest Preserve District, the Chicago Park |
| 16 | | District, the
Metropolitan Water Reclamation District, the |
| 17 | | Chicago Transit Authority, or
a housing authority of a |
| 18 | | municipality with a population of 500,000 or more
that a |
| 19 | | debt is due and owing the municipality, the county, the |
| 20 | | Cook County
Forest Preserve District, the Chicago Park |
| 21 | | District, the Metropolitan Water
Reclamation District, the |
| 22 | | Chicago Transit Authority, or the housing authority
by an |
| 23 | | employee of the Chicago Board of Education, to withhold, |
| 24 | | from the
compensation of that employee, the amount of the |
| 25 | | debt that is due and owing
and pay the amount withheld to |
| 26 | | the municipality, the county, the Cook County
Forest |
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| 1 | | Preserve District, the Chicago Park District, the |
| 2 | | Metropolitan Water
Reclamation District, the Chicago |
| 3 | | Transit Authority, or the housing authority;
provided, |
| 4 | | however, that the amount
deducted from any one salary or |
| 5 | | wage payment shall not exceed 25% of the net
amount of the |
| 6 | | payment. Before the Board deducts any amount from any |
| 7 | | salary or
wage of an employee under this paragraph, the |
| 8 | | municipality, the county, the
Cook County Forest Preserve |
| 9 | | District, the Chicago Park District, the
Metropolitan |
| 10 | | Water Reclamation District, the Chicago Transit Authority, |
| 11 | | or the
housing authority shall certify that (i) the |
| 12 | | employee has been afforded an
opportunity for a hearing to |
| 13 | | dispute the debt that is due and owing the
municipality, |
| 14 | | the county, the Cook County Forest Preserve District, the |
| 15 | | Chicago
Park District, the Metropolitan Water Reclamation |
| 16 | | District, the Chicago Transit
Authority, or the housing |
| 17 | | authority and (ii) the employee has received notice
of a |
| 18 | | wage deduction order and has been afforded an opportunity |
| 19 | | for a hearing to
object to the order. For purposes of this |
| 20 | | paragraph, "net amount" means that
part of the salary or |
| 21 | | wage payment remaining after the deduction of any amounts
|
| 22 | | required by law to be deducted and "debt due and owing" |
| 23 | | means (i) a specified
sum of money owed to the |
| 24 | | municipality, the county, the Cook County Forest
Preserve |
| 25 | | District, the Chicago Park District, the Metropolitan |
| 26 | | Water
Reclamation District, the Chicago Transit Authority, |
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| 1 | | or the housing authority
for services, work, or goods, |
| 2 | | after the period granted for payment has expired,
or (ii) |
| 3 | | a specified sum of money owed to the municipality, the |
| 4 | | county, the Cook
County Forest Preserve District, the |
| 5 | | Chicago Park District, the Metropolitan
Water Reclamation |
| 6 | | District, the Chicago Transit Authority, or the housing
|
| 7 | | authority pursuant to a court order or order of an |
| 8 | | administrative hearing
officer after the exhaustion of, or |
| 9 | | the failure to exhaust, judicial review;
|
| 10 | | 20. The board is encouraged to employ a sufficient |
| 11 | | number of
licensed school counselors to maintain a |
| 12 | | student/counselor ratio of 250 to
1. Each counselor shall |
| 13 | | spend at least 75% of his work
time in direct contact with |
| 14 | | students and shall maintain a record of such time;
|
| 15 | | 21. To make available to students vocational and |
| 16 | | career
counseling and to establish 5 special career |
| 17 | | counseling days for students
and parents. On these days |
| 18 | | representatives of local businesses and
industries shall |
| 19 | | be invited to the school campus and shall inform students
|
| 20 | | of career opportunities available to them in the various |
| 21 | | businesses and
industries. Special consideration shall be |
| 22 | | given to counseling minority
students as to career |
| 23 | | opportunities available to them in various fields.
For the |
| 24 | | purposes of this paragraph, minority student means a |
| 25 | | person who is any of the following:
|
| 26 | | (a) American Indian or Alaska Native (a person having |
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| 1 | | origins in any of the original peoples of North and South |
| 2 | | America, including Central America, and who maintains |
| 3 | | tribal affiliation or community attachment). |
| 4 | | (b) Asian (a person having origins in any of the |
| 5 | | original peoples of the Far East, Southeast Asia, or the |
| 6 | | Indian subcontinent, including, but not limited to, |
| 7 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
| 8 | | the Philippine Islands, Thailand, and Vietnam). |
| 9 | | (c) Black or African American (a person having origins |
| 10 | | in any of the black racial groups of Africa). |
| 11 | | (d) Hispanic or Latino (a person of Cuban, Mexican, |
| 12 | | Puerto Rican, South or Central American, or other Spanish |
| 13 | | culture or origin, regardless of race). |
| 14 | | (e) Native Hawaiian or Other Pacific Islander (a |
| 15 | | person having origins in any of the original peoples of |
| 16 | | Hawaii, Guam, Samoa, or other Pacific Islands).
|
| 17 | | Counseling days shall not be in lieu of regular school |
| 18 | | days;
|
| 19 | | 22. To report to the State Board of Education the |
| 20 | | annual
student dropout rate and number of students who |
| 21 | | graduate from, transfer
from, or otherwise leave bilingual |
| 22 | | programs;
|
| 23 | | 23. Except as otherwise provided in the Abused and |
| 24 | | Neglected Child
Reporting Act or other applicable State or |
| 25 | | federal law, to permit school
officials to withhold, from |
| 26 | | any person, information on the whereabouts of
any child |
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| 1 | | removed from school premises when the child has been taken |
| 2 | | into
protective custody as a victim of suspected child |
| 3 | | abuse. School officials
shall direct such person to the |
| 4 | | Department of Children and Family Services
or to the local |
| 5 | | law enforcement agency, if appropriate;
|
| 6 | | 24. To develop a policy, based on the current state of |
| 7 | | existing school
facilities, projected enrollment, and |
| 8 | | efficient utilization of available
resources, for capital |
| 9 | | improvement of schools and school buildings within
the |
| 10 | | district, addressing in that policy both the relative |
| 11 | | priority for
major repairs, renovations, and additions to |
| 12 | | school facilities and the
advisability or necessity of |
| 13 | | building new school facilities or closing
existing schools |
| 14 | | to meet current or projected demographic patterns within
|
| 15 | | the district;
|
| 16 | | 25. To make available to the students in every high |
| 17 | | school attendance
center the ability to take all courses |
| 18 | | necessary to comply with the Board
of Higher Education's |
| 19 | | college entrance criteria effective in 1993;
|
| 20 | | 26. To encourage mid-career changes into the teaching |
| 21 | | profession,
whereby qualified professionals become |
| 22 | | licensed teachers, by allowing
credit for professional |
| 23 | | employment in related fields when determining point
of |
| 24 | | entry on the teacher pay scale;
|
| 25 | | 27. To provide or contract out training programs for |
| 26 | | administrative
personnel and principals with revised or |
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| 1 | | expanded duties pursuant to this Code
in order to ensure |
| 2 | | they have the knowledge and skills to perform
their |
| 3 | | duties;
|
| 4 | | 28. To establish a fund for the prioritized special |
| 5 | | needs programs, and
to allocate such funds and other lump |
| 6 | | sum amounts to each attendance center
in a manner |
| 7 | | consistent with the provisions of part 4 of Section |
| 8 | | 34-2.3.
Nothing in this paragraph shall be construed to |
| 9 | | require any additional
appropriations of State funds for |
| 10 | | this purpose;
|
| 11 | | 29. (Blank);
|
| 12 | | 30. Notwithstanding any other provision of this Act or |
| 13 | | any other law to
the contrary, to contract with third |
| 14 | | parties for services otherwise performed
by employees, |
| 15 | | including those in a bargaining unit, and to layoff those
|
| 16 | | employees upon 14 days written notice to the affected |
| 17 | | employees. Those
contracts may be for a period not to |
| 18 | | exceed 5 years and may be awarded on a
system-wide basis. |
| 19 | | The board may not operate more than 30 contract schools, |
| 20 | | provided that the board may operate an additional 5 |
| 21 | | contract turnaround schools pursuant to item (5.5) of |
| 22 | | subsection (d) of Section 34-8.3 of this Code, and the |
| 23 | | governing bodies of contract schools are subject to the |
| 24 | | Freedom of Information Act and Open Meetings Act;
|
| 25 | | 31. To promulgate rules establishing procedures |
| 26 | | governing the layoff or
reduction in force of employees |
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| 1 | | and the recall of such employees, including,
but not |
| 2 | | limited to, criteria for such layoffs, reductions in force |
| 3 | | or recall
rights of such employees and the weight to be |
| 4 | | given to any particular
criterion. Such criteria shall |
| 5 | | take into account factors, including, but not
limited to, |
| 6 | | qualifications, certifications, experience, performance |
| 7 | | ratings or
evaluations, and any other factors relating to |
| 8 | | an employee's job performance;
|
| 9 | | 32. To develop a policy to prevent nepotism in the |
| 10 | | hiring of personnel
or the selection of contractors;
|
| 11 | | 33. (Blank); and
|
| 12 | | 34. To establish a Labor Management Council to the |
| 13 | | board
comprised of representatives of the board, the chief |
| 14 | | executive
officer, and those labor organizations that are |
| 15 | | the exclusive
representatives of employees of the board |
| 16 | | and to promulgate
policies and procedures for the |
| 17 | | operation of the Council.
|
| 18 | | The specifications of the powers herein granted are not to |
| 19 | | be
construed as exclusive, but the board shall also exercise |
| 20 | | all other
powers that may be requisite or proper for the |
| 21 | | maintenance and the
development of a public school system, not |
| 22 | | inconsistent with the other
provisions of this Article or |
| 23 | | provisions of this Code which apply to all
school districts.
|
| 24 | | In addition to the powers herein granted and authorized to |
| 25 | | be exercised
by the board, it shall be the duty of the board to |
| 26 | | review or to direct
independent reviews of special education |
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| 1 | | expenditures and services.
The board shall file a report of |
| 2 | | such review with the General Assembly on
or before May 1, 1990.
|
| 3 | | (Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20; |
| 4 | | 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. |
| 5 | | 5-20-22.)
|
| 6 | | (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
|
| 7 | | Sec. 34-21.3. Contracts. The board shall by record vote |
| 8 | | let all
contracts (other than those excepted
by Section |
| 9 | | 10-20.21 of this The School Code) for supplies, materials,
or |
| 10 | | work, and contracts with private carriers for transportation
|
| 11 | | of pupils, involving an expenditure in excess of $35,000 |
| 12 | | $25,000 or a lower amount as required by board policy by |
| 13 | | competitive
bidding as provided in Section 10-20.21 of this |
| 14 | | The School Code.
|
| 15 | | The board may delegate to the general superintendent of |
| 16 | | schools, by
resolution, the authority to approve contracts in |
| 17 | | amounts of $35,000 $25,000 or
less.
|
| 18 | | For a period of one year from and after the expiration or |
| 19 | | other termination
of his or her term of office as a member of |
| 20 | | the board: (i) the former board
member shall not be eligible |
| 21 | | for employment nor be employed by the board, a
local school |
| 22 | | council, an attendance center, or any other
subdivision or |
| 23 | | agent of the board or the school district governed by the |
| 24 | | board,
and (ii) neither the board nor the chief purchasing |
| 25 | | officer shall let or
delegate
authority to let any contract |
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| 1 | | for
services, employment, or other work to the former board |
| 2 | | member or to any
corporation,
partnership, association, sole |
| 3 | | proprietorship, or other entity other than
publicly traded |
| 4 | | companies from which the
former board member receives an |
| 5 | | annual income, dividends, or other compensation
in excess of |
| 6 | | $1,500. Any contract that is entered into by or under a
|
| 7 | | delegation of authority from the board or the chief purchasing |
| 8 | | officer shall
contain a
provision stating that
the contract is |
| 9 | | not legally binding on the board if entered into in violation
|
| 10 | | of the provisions of this paragraph.
|
| 11 | | In addition, the State Board of Education, in consultation |
| 12 | | with the board,
shall (i) review existing conflict of interest |
| 13 | | and disclosure laws or
regulations that are applicable to the |
| 14 | | executive officers and governing boards
of school districts |
| 15 | | organized under this Article and school districts
generally, |
| 16 | | (ii) determine what additional disclosure and conflict of |
| 17 | | interest
provisions would enhance the reputation and fiscal |
| 18 | | integrity of the board and
the procedure under which contracts |
| 19 | | for goods and services are let, and (iii)
develop appropriate |
| 20 | | reporting forms and procedures applicable to the executive
|
| 21 | | officers, governing board, and other officials of the school |
| 22 | | district.
|
| 23 | | (Source: P.A. 95-990, eff. 10-3-08.)
|
| 24 | | ARTICLE 85.
|
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| 1 | | Section 85-5. The Election Code is amended by changing |
| 2 | | Section 13-10 as follows:
|
| 3 | | (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
|
| 4 | | Sec. 13-10. The compensation of the judges of all |
| 5 | | primaries and all
elections, except judges supervising vote by |
| 6 | | mail ballots as provided in
Section 19-12.2 of this Act, in |
| 7 | | counties of less than 600,000
inhabitants shall be fixed by |
| 8 | | the respective county boards or boards of
election |
| 9 | | commissioners in all counties and municipalities, but in no |
| 10 | | case
shall such compensation be less than $35 per day. The
|
| 11 | | compensation of judges of all primaries and all elections not |
| 12 | | under the
jurisdiction of the county clerk, except judges |
| 13 | | supervising vote by mail balloting
as provided in Section |
| 14 | | 19-12.2 of this Act, in counties having a population of
|
| 15 | | 2,000,000 or more shall be not less than $60 per day. The
|
| 16 | | compensation of judges of all primaries and all elections |
| 17 | | under the
jurisdiction of the county clerk, except judges |
| 18 | | supervising vote by mail
balloting as provided in Section |
| 19 | | 19-12.2 of this Act, in counties having a
population of |
| 20 | | 2,000,000 or more shall be not less than $60 per day. The |
| 21 | | compensation of judges of all primaries and all elections,
|
| 22 | | except judges supervising vote by mail ballots as provided in |
| 23 | | Section 19-12.2 of
this Act, in counties having a population |
| 24 | | of at least 600,000 but less than
2,000,000 inhabitants shall |
| 25 | | be not less than $45 per day
as
fixed by the county board of |
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| 1 | | election commissioners of each such county. In
addition to |
| 2 | | their per day compensation and notwithstanding the limitations
|
| 3 | | thereon stated herein, the judges of election, in all counties |
| 4 | | with a
population of less than 600,000, shall be paid $3 each |
| 5 | | for each 100 voters or
portion thereof, in excess of 200 voters |
| 6 | | voting for candidates in the election
district or precinct |
| 7 | | wherein the judge is serving, whether a primary or an
election |
| 8 | | is being held. However, no such extra compensation shall be |
| 9 | | paid to
the judges of election in any precinct in which no |
| 10 | | paper ballots are counted by
such judges of election. The 2 |
| 11 | | judges of election in counties having a
population of less |
| 12 | | than 600,000 who deliver the returns to the county clerk
shall |
| 13 | | each be allowed and paid a sum to be determined by the election |
| 14 | | authority
for such services and an additional sum per mile to |
| 15 | | be determined by the
election authority for every mile |
| 16 | | necessarily travelled in going to and
returning from the |
| 17 | | office or place to which they deliver the returns. The
|
| 18 | | compensation for mileage shall be consistent with current |
| 19 | | rates paid for
mileage to employees of the county.
|
| 20 | | However, all judges who have been certified by the County |
| 21 | | Clerk or Board of
Election Commissioners as having |
| 22 | | satisfactorily completed, within the 2 years
preceding the day |
| 23 | | of election, the training course for judges of election, as
|
| 24 | | provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, |
| 25 | | shall receive
additional compensation of not less than $10 per |
| 26 | | day in
counties of less than 600,000 inhabitants, the |
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| 1 | | additional compensation of not
less than $10 per day in |
| 2 | | counties having a population of
at
least 600,000 but less than |
| 3 | | 2,000,000 inhabitants as fixed by the county board
of election |
| 4 | | commissioners of each such county, and additional compensation |
| 5 | | of
not less than $20 per day in counties having a population
of |
| 6 | | 2,000,000 or more for primaries and elections not under the
|
| 7 | | jurisdiction of the county clerk, and additional compensation |
| 8 | | of not less
than $20 per day in counties having a population of
|
| 9 | | 2,000,000 or more for primaries and elections under the |
| 10 | | jurisdiction of the
county clerk.
|
| 11 | | In precincts in which there are tally judges, the |
| 12 | | compensation of the
tally judges shall be 2/3 of that of the |
| 13 | | judges of election and each
holdover judge shall be paid the |
| 14 | | compensation of a judge of election
plus that of a tally judge.
|
| 15 | | Beginning on the effective date of this amendatory Act of |
| 16 | | 1998, the portion
of an election judge's daily compensation |
| 17 | | reimbursed by the State Board of
Elections is increased by
|
| 18 | | $15.
The increase provided by this amendatory Act of 1998 must |
| 19 | | be used
to increase each judge's compensation and may not be |
| 20 | | used by the county to
reduce its portion of a judge's |
| 21 | | compensation.
|
| 22 | | Beginning on the effective date of this amendatory Act of |
| 23 | | the 95th General Assembly, the portion of an election judge's |
| 24 | | daily compensation reimbursement by the State Board of |
| 25 | | Elections is increased by an additional $20. The increase |
| 26 | | provided by this amendatory Act of the 95th General Assembly |
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| 1 | | must be used to increase each judge's compensation and may not |
| 2 | | be used by the election authority or election jurisdiction to |
| 3 | | reduce its portion of a judge's compensation.
|
| 4 | | Beginning on the effective date of the changes made to |
| 5 | | this Section by this amendatory Act of the 103rd General |
| 6 | | Assembly, the portion of an election judge's daily |
| 7 | | compensation reimbursement by the State Board of Elections is |
| 8 | | increased by an additional $20.
The increase provided by this |
| 9 | | amendatory Act of the 103rd General Assembly must be used to |
| 10 | | increase each judge's compensation and may not be used by the |
| 11 | | election authority or election jurisdiction to reduce its |
| 12 | | portion of a judge's compensation. |
| 13 | | (Source: P.A. 98-1171, eff. 6-1-15.)
|
| 14 | | ARTICLE 90.
|
| 15 | | Section 90-5. The Reimagine Public Safety Act is amended |
| 16 | | by changing Sections 35-10, 35-15, 35-25, 35-30, 35-35, 35-40 |
| 17 | | and 35-50 as follows:
|
| 18 | | (430 ILCS 69/35-10)
|
| 19 | | Sec. 35-10. Definitions. As used in this Act: |
| 20 | | "Approved technical assistance and training provider" |
| 21 | | means an organization that has experience in improving the |
| 22 | | outcomes of local community-based organizations by providing |
| 23 | | supportive services that address the gaps in their resources |
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| 1 | | and knowledge about content-based work or provide support and |
| 2 | | knowledge about the administration and management of |
| 3 | | organizations, or both. Approved technical assistance and |
| 4 | | training providers as defined in this Act are intended to |
| 5 | | assist community organizations with evaluating the need for |
| 6 | | evidence-based violence prevention services, promising |
| 7 | | violence prevention programs, starting up programming, and |
| 8 | | strengthening the quality of existing programming. |
| 9 | | "Community" or "communities" means, for municipalities |
| 10 | | with a 1,000,000 or more population in Illinois, the 77 |
| 11 | | designated neighborhood areas defined by the University of |
| 12 | | Chicago Social Science Research Committee as amended in 1980. |
| 13 | | "Concentrated firearm violence" means the 10 most violent |
| 14 | | communities in Illinois municipalities with 1,000,000 or more |
| 15 | | residents and the 10 most violent municipalities with less |
| 16 | | than 1,000,000 residents and greater than 35,000 residents |
| 17 | | with the most per capita fatal and nonfatal firearm-shot |
| 18 | | victims, excluding self-inflicted incidents, from January 1, |
| 19 | | 2016 through December 31, 2020. |
| 20 | | "Credible messenger" means an individual who has been |
| 21 | | arrested, indicted, convicted, adjudicated delinquent, or |
| 22 | | otherwise detained by criminal or juvenile justice authorities |
| 23 | | for violation of State criminal law and has successfully |
| 24 | | reached the end of the individual's sentence or the final |
| 25 | | termination of the individual's term of commitment and has |
| 26 | | relationships in a specific community that can promote |
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| 1 | | conflict resolution and healing. |
| 2 | | "Criminal and juvenile justice-involved" means an |
| 3 | | individual who has been arrested, indicted, convicted, |
| 4 | | adjudicated delinquent, or otherwise detained by criminal or |
| 5 | | juvenile justice authorities for violation of Illinois |
| 6 | | criminal laws. |
| 7 | | "Evidence-based high-risk youth intervention services" |
| 8 | | means programs that have been proven to reduce involvement in |
| 9 | | the criminal or juvenile justice system, increase school |
| 10 | | attendance, and includes referrals of high-risk teens into |
| 11 | | therapeutic programs that address trauma recovery and other |
| 12 | | mental health improvements based on best practices in the |
| 13 | | youth intervention services field.
|
| 14 | | "Evidence-based violence prevention services" means |
| 15 | | coordinated programming and services that may include, but are |
| 16 | | not limited to, effective emotional or trauma related |
| 17 | | therapies, housing, employment training, job placement, family |
| 18 | | engagement, or wrap-around support services that have been |
| 19 | | proven effective or are considered to be best practice for |
| 20 | | reducing violence within the field of violence intervention |
| 21 | | research and practice. |
| 22 | | "Evidence-based youth development programs" means |
| 23 | | after-school and summer programming that provides services to |
| 24 | | teens to increase their school attendance, school performance, |
| 25 | | reduce involvement in the criminal justice system, and develop |
| 26 | | nonacademic interests that build social emotional persistence |
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| 1 | | and intelligence based on best practices in the field of youth |
| 2 | | development services for high-risk youth. |
| 3 | | "Options school" means a secondary school where 75% or |
| 4 | | more of attending students have either stopped attending or |
| 5 | | failed their secondary school courses since first attending |
| 6 | | ninth grade. |
| 7 | | "Violence prevention organization" means an organization |
| 8 | | that manages and employs qualified violence prevention |
| 9 | | professionals. |
| 10 | | "Violence prevention professional" means a community |
| 11 | | health worker who renders violence preventive services. |
| 12 | | "Social organization" means an organization of individuals |
| 13 | | who form the organization for the purposes of enjoyment, work, |
| 14 | | and other mutual interests.
|
| 15 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21; |
| 16 | | 102-687, eff. 12-17-21.)
|
| 17 | | (430 ILCS 69/35-15)
|
| 18 | | Sec. 35-15. Findings. The Illinois General Assembly finds |
| 19 | | that: |
| 20 | | (1) Discrete neighborhoods in municipalities across |
| 21 | | Illinois are experiencing concentrated and perpetual |
| 22 | | firearm violence that is a public health epidemic. |
| 23 | | (2) Within neighborhoods experiencing this firearm |
| 24 | | violence epidemic, violence is concentrated among teens |
| 25 | | and young adults that have chronic exposure to the risk of |
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| 1 | | violence and criminal legal system involvement and related |
| 2 | | trauma in small geographic areas where these young people |
| 3 | | live or congregate. |
| 4 | | (3) Firearm violence victimization and perpetration is |
| 5 | | highly concentrated in particular neighborhoods, |
| 6 | | particular blocks within these neighborhoods, and among a |
| 7 | | small number of individuals living in these areas. |
| 8 | | (4) People who are chronically exposed to the risk of |
| 9 | | firearm violence victimization are substantially more |
| 10 | | likely to be violently injured or violently injure another |
| 11 | | person. People who have been violently injured are |
| 12 | | substantially more likely to be violently reinjured. |
| 13 | | Chronic exposure to violence additionally leads |
| 14 | | individuals to engage in behavior, as part of a cycle of |
| 15 | | community violence, trauma, and retaliation that |
| 16 | | substantially increases their own risk of violent injury |
| 17 | | or reinjury. |
| 18 | | (5) Evidence-based programs that engage individuals at |
| 19 | | the highest risk of firearm violence and provide life |
| 20 | | stabilization, case management, and culturally competent |
| 21 | | group and individual therapy reduce firearm violence |
| 22 | | victimization and perpetration and can end Illinois' |
| 23 | | firearm violence epidemic. |
| 24 | | (6) A public health approach to ending Illinois' |
| 25 | | firearm violence epidemic requires targeted, integrated |
| 26 | | behavioral health services and economic opportunity that |
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| 1 | | promotes self-sufficiency for victims of firearm violence |
| 2 | | and those with chronic exposure to the risk of firearm |
| 3 | | violence victimization, including, but not limited to, |
| 4 | | services for criminal and juvenile justice-involved |
| 5 | | populations and crisis response services, such as |
| 6 | | psychological first aid. |
| 7 | | (7) A public health approach to ending Illinois' |
| 8 | | firearm violence epidemic further requires broader |
| 9 | | preventive investments in the census tracts and blocks |
| 10 | | that reduce risk factors for youth and families living in |
| 11 | | areas at the highest risk of firearm violence |
| 12 | | victimization. |
| 13 | | (8) A public health approach to ending Illinois' |
| 14 | | firearm violence epidemic requires empowering residents |
| 15 | | and community-based organizations within impacted |
| 16 | | neighborhoods to provide culturally competent care based |
| 17 | | on lived experience in these areas and long-term |
| 18 | | relationships of mutual interest that promote safety and |
| 19 | | stability. |
| 20 | | (9) A public health approach to ending Illinois' |
| 21 | | firearm violence epidemic further requires that preventive |
| 22 | | youth development services for youth in these |
| 23 | | neighborhoods be fully integrated with a team-based model |
| 24 | | of mental health care to address trauma recovery for those |
| 25 | | young people at the highest risk of firearm violence |
| 26 | | victimization. |
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| 1 | | (10) Community revitalization can be an effective |
| 2 | | violence prevention strategy, provided that revitalization |
| 3 | | is targeted to the highest risk geographies within |
| 4 | | communities and revitalization efforts are designed and |
| 5 | | led by individuals living and working in the impacted |
| 6 | | communities.
|
| 7 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
|
| 8 | | (430 ILCS 69/35-25)
|
| 9 | | Sec. 35-25. Integrated violence prevention and other |
| 10 | | services. |
| 11 | | (a) Subject to appropriation, for municipalities with |
| 12 | | 1,000,000 or more residents, the Office of Firearm Violence |
| 13 | | Prevention shall make grants to violence prevention |
| 14 | | organizations for evidence-based violence prevention services. |
| 15 | | Approved technical assistance and training providers shall |
| 16 | | create learning communities for the exchange of information |
| 17 | | between community-based organizations in the same or similar |
| 18 | | fields. Firearm violence prevention organizations shall |
| 19 | | prioritize individuals at the highest risk of firearm violence |
| 20 | | victimization and provide these individuals with |
| 21 | | evidence-based comprehensive services that reduce their |
| 22 | | exposure to chronic firearm violence. |
| 23 | | (a-5) Grants may be awarded under this Act to Reimagine
|
| 24 | | Public Safety grantees or their subgrantees to provide any one |
| 25 | | or more of the following services to Reimagine Public Safety |
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| 1 | | program participants or credible messengers: |
| 2 | | (1) Behavioral health services, including clinical
|
| 3 | | interventions, crisis interventions, and group counseling
|
| 4 | | supports, such as peer support groups, social-emotional
|
| 5 | | learning supports, including skill building for anger
|
| 6 | | management, de-escalation, sensory stabilization, coping
|
| 7 | | strategies, and thoughtful decision-making, short-term
|
| 8 | | clinical individual sessions, psycho-social assessments, |
| 9 | | and motivational interviewing. |
| 10 | | (A) Funds awarded under this paragraph may be used |
| 11 | | for behavioral health services until July 1, 2024. |
| 12 | | (B) Any community violence prevention service |
| 13 | | provider being reimbursed from funds awarded under |
| 14 | | this paragraph for behavioral health services must |
| 15 | | also file a plan to become Medicaid certified for |
| 16 | | violence prevention-community support team services |
| 17 | | under the Illinois Medicaid program on or before July |
| 18 | | 1, 2024. |
| 19 | | (2) Capacity-building services, including
|
| 20 | | administrative and programmatic support, services, and
|
| 21 | | resources, such as subcontract development, budget
|
| 22 | | development, grant monitoring and reporting, and fiscal
|
| 23 | | sponsorship. Capacity-building services financed with
|
| 24 | | grants awarded under this Act may also include intensive
|
| 25 | | training and technical assistance focused on Community
|
| 26 | | Violence Intervention (CVI) not-for-profit business
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| 1 | | operations, best practice delivery of firearm violence
|
| 2 | | prevention services, and assistance with administering and
|
| 3 | | meeting fiscal reporting or auditing requirements.
|
| 4 | | Capacity-building services financed with grants awarded
|
| 5 | | under this Act must be directed to a current or potential
|
| 6 | | Reimagine Public Safety firearm violence prevention
|
| 7 | | provider and cannot exceed 20% of potential funds awarded
|
| 8 | | to the relevant provider or future provider. |
| 9 | | (3) Legal aid services, including funding for staff
|
| 10 | | attorneys and paralegals to provide education, training,
|
| 11 | | legal services, and advocacy for program recipients. Legal
|
| 12 | | aid services that may be provided with grant funds awarded
|
| 13 | | under this Act include "Know Your Rights" clinics,
|
| 14 | | trainings targeting returning citizens and families
|
| 15 | | impacted by incarceration, and long-term legal efforts |
| 16 | | addressing expungement, civil rights, family law, housing,
|
| 17 | | employment, and victim rights. Legal aid services provided
|
| 18 | | with grant funds awarded under this Act shall not be
|
| 19 | | directed toward criminal justice issues. |
| 20 | | (4) Housing services, including grants for emergency
|
| 21 | | and temporary housing for individuals at immediate risk of
|
| 22 | | firearm violence, except that grant funding provided under
|
| 23 | | this paragraph must be directed only toward Reimagine
|
| 24 | | Public Safety program participants. |
| 25 | | (5) Workforce development services, including grants
|
| 26 | | for job coaching, intensive case management, employment
|
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| 1 | | training and placement, and retention services, including
|
| 2 | | the provision of transitional job placements and access to
|
| 3 | | basic certificate training for industry-specific jobs.
|
| 4 | | Training also includes the provision of education-related
|
| 5 | | content, such as financial literacy training, GED |
| 6 | | preparation, and academic coaching. |
| 7 | | (6) Re-entry services for individuals exiting the
|
| 8 | | State or county criminal justice systems, if those
|
| 9 | | individuals are either eligible for services under this
|
| 10 | | Act as participants or are individuals who can make an
|
| 11 | | immediate contribution to mediate neighborhood conflicts
|
| 12 | | if they receive stabilizing services. Re-entry services
|
| 13 | | financed with grants awarded under this Act include all
|
| 14 | | services authorized under this Act, including services
|
| 15 | | listed in this subsection. |
| 16 | | (7) Victim services, including assessments and
|
| 17 | | screening of victim needs, planning sessions related to |
| 18 | | assessments, service planning and goal setting, assessing
|
| 19 | | intervention needs, notifying and navigating participants
|
| 20 | | through public agency processes for victim compensation, |
| 21 | | crisis intervention, emergency financial assistance,
|
| 22 | | transportation, medical care, stable housing, and shelter,
|
| 23 | | assessment and linkage to public benefits, and relocation
|
| 24 | | services. |
| 25 | | (b) In the geographic areas they serve, violence Violence |
| 26 | | prevention organizations shall develop the following expertise |
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| 1 | | in the geographic areas that they cover: |
| 2 | | (1) Analyzing and leveraging data to identify the |
| 3 | | individuals who will most benefit from evidence-based |
| 4 | | violence prevention services in their geographic areas. |
| 5 | | (2) Identifying the conflicts that are responsible for |
| 6 | | recurring violence. |
| 7 | | (3) Having relationships with individuals who are most |
| 8 | | able to reduce conflicts. |
| 9 | | (4) Addressing the stabilization and trauma recovery |
| 10 | | needs of individuals impacted by violence by providing |
| 11 | | direct services for their unmet needs or referring them to |
| 12 | | other qualified service providers.
|
| 13 | | (5) Having and building relationships with community |
| 14 | | members and community organizations that provide |
| 15 | | evidence-based violence prevention services and get |
| 16 | | referrals of people who will most benefit from |
| 17 | | evidence-based violence prevention services in their |
| 18 | | geographic areas.
|
| 19 | | (6) Providing training and technical assistance to |
| 20 | | local law enforcement agencies to improve their |
| 21 | | effectiveness without having any role, requirement, or |
| 22 | | mandate to participate in the policing, enforcement, or |
| 23 | | prosecution of any crime. |
| 24 | | (c) Violence prevention organizations receiving grants |
| 25 | | under this Act shall coordinate services with other violence |
| 26 | | prevention organizations in their area. |
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| 1 | | (d) The Office of Firearm Violence Prevention shall |
| 2 | | identify, for each separate eligible service area under this |
| 3 | | Act, an experienced violence prevention organization to serve |
| 4 | | as the Lead Violence Prevention Convener for that area and |
| 5 | | provide each Lead Violence Prevention Convener with a grant of |
| 6 | | up to $100,000 to these organizations to coordinate monthly |
| 7 | | meetings between violence prevention organizations and youth |
| 8 | | development organizations under this Act. The Lead Violence |
| 9 | | Prevention Convener may also receive, from the Office of |
| 10 | | Firearm Violence Prevention, technical assistance or training |
| 11 | | through approved providers when needs are jointly identified. |
| 12 | | The Lead Violence Prevention Convener shall: |
| 13 | | (1) provide the convened organizations with summary |
| 14 | | notes recommendations made at the monthly meetings to |
| 15 | | improve the effectiveness of evidence-based violence |
| 16 | | prevention services based on review of timely data on |
| 17 | | shootings and homicides in his or her relevant |
| 18 | | neighborhood; |
| 19 | | (2) attend monthly meetings where the cause of |
| 20 | | violence and other neighborhood disputes is discussed and |
| 21 | | strategize on how to resolve ongoing conflicts and execute |
| 22 | | on agreed plans; |
| 23 | | (3) (blank); |
| 24 | | (4) on behalf of the convened organizations, make |
| 25 | | consensus recommendations to the Office of Firearm |
| 26 | | Violence Prevention and local law enforcement on how to |
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| 1 | | reduce violent conflict in his or her neighborhood; |
| 2 | | (5) meet on an emergency basis when conflicts that |
| 3 | | need immediate attention and resolution arise; |
| 4 | | (6) share knowledge and strategies of the community |
| 5 | | violence dynamic in monthly meetings with local youth |
| 6 | | development specialists receiving grants under this Act; |
| 7 | | (7) select when and where needed an approved Office of |
| 8 | | Violence Prevention-funded technical assistance and |
| 9 | | training service provider to receive agreed upon services; |
| 10 | | and |
| 11 | | (8) after meeting with community residents and other |
| 12 | | community organizations that have expertise in housing, |
| 13 | | mental health, economic development, education, and social |
| 14 | | services, make recommendations to the Office of Firearm |
| 15 | | Violence Prevention on how to target community |
| 16 | | revitalization resources available from federal and State |
| 17 | | funding sources. |
| 18 | | The Office of Firearm Violence Prevention shall compile |
| 19 | | recommendations from all Lead Violence Prevention Conveners |
| 20 | | and report to the General Assembly bi-annually on these |
| 21 | | funding recommendations. The Lead Violence Prevention Convener |
| 22 | | may also serve as a violence prevention or youth development |
| 23 | | provider. |
| 24 | | (e) The Illinois Office of Firearm Violence Prevention |
| 25 | | shall select, when possible and appropriate, no fewer than 2 |
| 26 | | and no more than 3 approved technical assistance and training |
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| 1 | | providers to deliver technical assistance and training to the |
| 2 | | violence prevention organizations that request to receive |
| 3 | | approved technical assistance and training. Violence |
| 4 | | prevention organizations shall have the opportunity complete |
| 5 | | authority to select among the approved technical assistance |
| 6 | | services providers funded by the Office of Firearm Violence |
| 7 | | Prevention, as long as the technical assistance provider has |
| 8 | | the capacity to effectively serve the grantees that have |
| 9 | | selected them. The Department shall make best efforts to |
| 10 | | accommodate second choices of violence prevention |
| 11 | | organizations when the violence prevention organizations' |
| 12 | | first choice does not have capacity to provide technical |
| 13 | | assistance. |
| 14 | | (f) Approved technical assistance and training providers |
| 15 | | may: |
| 16 | | (1) provide training and certification to violence |
| 17 | | prevention professionals on how to perform violence |
| 18 | | prevention services and other professional development to |
| 19 | | violence prevention professionals. |
| 20 | | (2) provide management training on how to manage |
| 21 | | violence prevention professionals;
|
| 22 | | (3) provide training and assistance on how to develop |
| 23 | | memorandum of understanding for referral services or |
| 24 | | create approved provider lists for these referral |
| 25 | | services, or both; |
| 26 | | (4) share lessons learned among violence prevention |
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| 1 | | professionals and service providers in their network; and |
| 2 | | (5) provide technical assistance and training on human |
| 3 | | resources, grants management, capacity building, and |
| 4 | | fiscal management strategies. |
| 5 | | (g) Approved technical assistance and training providers |
| 6 | | shall: |
| 7 | | (1) provide additional services identified as |
| 8 | | necessary by the Office of Firearm Violence Prevention and |
| 9 | | service providers in their network; and |
| 10 | | (2) receive a base grant of up to $250,000 plus |
| 11 | | negotiated service rates to provide group and |
| 12 | | individualized services to participating violence |
| 13 | | prevention organizations. |
| 14 | | (h) (Blank). |
| 15 | | (i) The Office of Firearm Violence Prevention shall issue |
| 16 | | grants, when possible and appropriate, to no fewer than 2 |
| 17 | | violence prevention organizations in each of the eligible |
| 18 | | service areas and no more than 6 organizations. When possible, |
| 19 | | the Office of Firearm Violence Prevention shall work, subject |
| 20 | | to eligible applications received, to ensure that grant |
| 21 | | resources are equitably distributed across eligible service |
| 22 | | areas grants shall be for no less than $300,000 per violence |
| 23 | | prevention organization. The Office of Firearm Violence |
| 24 | | Prevention may establish grant award ranges to ensure grants |
| 25 | | will have the potential to reduce violence in each |
| 26 | | neighborhood. |
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| 1 | | (j) No violence prevention organization can serve more |
| 2 | | than 3 eligible service areas unless the Office of Firearm |
| 3 | | Violence Prevention is unable to identify violence prevention |
| 4 | | organizations to provide adequate coverage. |
| 5 | | (k) No approved technical assistance and training provider |
| 6 | | shall provide evidence-based violence prevention services in |
| 7 | | an eligible service area under this Act unless the Office of |
| 8 | | Firearm Violence Prevention is unable to identify qualified |
| 9 | | violence prevention organizations to provide adequate |
| 10 | | coverage.
|
| 11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
|
| 12 | | (430 ILCS 69/35-30)
|
| 13 | | Sec. 35-30. Integrated youth services. |
| 14 | | (a) Subject to appropriation, for municipalities with |
| 15 | | 1,000,000 or more residents, the Office of Firearm Violence |
| 16 | | Prevention shall make grants to youth development |
| 17 | | organizations for evidence-based youth programming, including, |
| 18 | | but not limited to, after-school and summer programming. |
| 19 | | Evidence-based youth development programs shall provide |
| 20 | | services to teens that increase their school attendance, and |
| 21 | | school performance and to teens or young adults that , reduce |
| 22 | | involvement in the criminal and juvenile justice systems, |
| 23 | | develop employment and life skills, and develop nonacademic |
| 24 | | interests that build social emotional persistence and |
| 25 | | intelligence. |
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| 1 | | (b) The Office of Firearm Violence Prevention shall |
| 2 | | identify municipal blocks where more than 35% of all fatal and |
| 3 | | nonfatal firearm-shot incidents take place and focus youth |
| 4 | | development service grants to residents of these identified |
| 5 | | blocks in the designated eligible service areas. The |
| 6 | | Department of Human Services shall prioritize funding to youth |
| 7 | | development service programs that serve the following teens |
| 8 | | before expanding services to the broader community: |
| 9 | | (1) criminal and juvenile justice-involved youth; |
| 10 | | (2) students who are attending or have attended option |
| 11 | | schools; |
| 12 | | (3) family members of individuals working with |
| 13 | | violence prevention organizations; and |
| 14 | | (4) youth living on the blocks where more than 35% of |
| 15 | | the violence takes place in a neighborhood. |
| 16 | | (c) Each program participant enrolled in a youth |
| 17 | | development program under this Act, when possible and |
| 18 | | appropriate, shall receive an individualized needs assessment |
| 19 | | to determine if the participant requires intensive youth |
| 20 | | services as provided for in Section 35-35 of this Act. The |
| 21 | | needs assessment should be the best available instrument that |
| 22 | | considers the physical and mental condition of each youth |
| 23 | | based on the youth's family ties, financial resources, past |
| 24 | | substance use, criminal justice involvement, and trauma |
| 25 | | related to chronic exposure to firearm violence behavioral |
| 26 | | health assessment to determine the participant's broader |
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| 1 | | support and mental health needs. The Office of Firearm |
| 2 | | Violence Prevention shall determine best practices for |
| 3 | | referring program participants who are at the highest risk of |
| 4 | | violence and justice involvement to be referred to a high-risk |
| 5 | | youth intervention program established in Section 35-35. |
| 6 | | (d) Youth development prevention program participants |
| 7 | | shall receive services designed to empower participants with |
| 8 | | the social and emotional skills necessary to forge paths of |
| 9 | | healthy development and disengagement from high-risk |
| 10 | | behaviors. Within the context of engaging social, physical, |
| 11 | | and personal development activities, participants should build |
| 12 | | resilience and the skills associated with healthy social, |
| 13 | | emotional, and identity development. |
| 14 | | (e) Youth development providers shall develop the |
| 15 | | following expertise in the geographic areas they cover: |
| 16 | | (1) Knowledge of the teens and their social |
| 17 | | organization in the blocks they are designated to serve. |
| 18 | | (2) Youth development organizations receiving grants |
| 19 | | under this Act shall be required to coordinate services |
| 20 | | with other youth development organizations in their |
| 21 | | neighborhood by sharing lessons learned in monthly |
| 22 | | meetings. |
| 23 | | (3) (Blank). |
| 24 | | (4) Meeting on an emergency basis when conflicts |
| 25 | | related to program participants that need immediate |
| 26 | | attention and resolution arise. |
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| 1 | | (5) Sharing knowledge and strategies of the |
| 2 | | neighborhood violence dynamic in monthly meetings with |
| 3 | | local violence prevention organizations receiving grants |
| 4 | | under this Act. |
| 5 | | (6) Selecting an approved technical assistance and |
| 6 | | training service provider to receive agreed upon services. |
| 7 | | (f) The Illinois Office of Firearm Violence Prevention |
| 8 | | shall select, when possible and appropriate, no fewer than 2 |
| 9 | | and no more than 3 approved technical assistance and training |
| 10 | | providers to deliver technical assistance and training to the |
| 11 | | youth development organizations that request to receive |
| 12 | | approved technical assistance and training. Youth development |
| 13 | | organizations must use an approved technical assistance and |
| 14 | | training provider and can choose among approved technical |
| 15 | | assistance providers as long as the technical assistance |
| 16 | | provider has the capacity to effectively serve the youth |
| 17 | | development organizations that have selected them. The |
| 18 | | Department shall make best efforts to accommodate second |
| 19 | | choices of youth development organizations when the youth |
| 20 | | development organization's violence prevention first choice |
| 21 | | does not have capacity to provide technical assistance but |
| 22 | | have complete authority to select among the approved technical |
| 23 | | assistance services providers funded by the Office of Firearm |
| 24 | | Violence Prevention. |
| 25 | | (g) Approved technical assistance and training providers |
| 26 | | may: |
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| 1 | | (1) provide training to youth development workers on |
| 2 | | how to perform outreach services; |
| 3 | | (2) provide management training on how to manage youth |
| 4 | | development workers; |
| 5 | | (3) provide training and assistance on how to develop |
| 6 | | memorandum of understanding for referral services or |
| 7 | | create approved provider lists for these referral |
| 8 | | services, or both; |
| 9 | | (4) share lessons learned among youth development |
| 10 | | service providers in their network; and |
| 11 | | (5) provide technical assistance and training on human |
| 12 | | resources, grants management, capacity building, and |
| 13 | | fiscal management strategies. |
| 14 | | (h) Approved technical assistance and training providers |
| 15 | | shall: |
| 16 | | (1) provide additional services identified as |
| 17 | | necessary by the Office of Firearm Violence Prevention and |
| 18 | | youth development service providers in their network; and |
| 19 | | (2) receive an annual base grant of up to $250,000 |
| 20 | | plus negotiated service rates to provide group and |
| 21 | | individualized services to participating youth development |
| 22 | | service organizations. |
| 23 | | (i) (Blank). |
| 24 | | (j) The Office of Firearm Violence Prevention shall issue |
| 25 | | youth development services grants, when possible and |
| 26 | | appropriate, to no fewer than 4 youth services organizations |
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| 1 | | in each of the eligible service areas and no more than 8 |
| 2 | | organizations. When possible, the Office of Firearm Violence |
| 3 | | Prevention shall work, subject to eligible applications |
| 4 | | received, to ensure that grant resources are equitably |
| 5 | | distributed across eligible service areas grants shall be for |
| 6 | | no less than $300,000 per youth development organization. The |
| 7 | | Office of Firearm Violence Prevention may establish award |
| 8 | | ranges to ensure grants will have the potential to reduce |
| 9 | | violence in each neighborhood. |
| 10 | | (k) No youth development organization can serve more than |
| 11 | | 3 eligible service areas unless the Office of Firearm Violence |
| 12 | | Prevention is unable to identify youth development |
| 13 | | organizations to provide adequate coverage. |
| 14 | | (l) No approved technical assistance and training provider |
| 15 | | shall provide youth development services in any neighborhood |
| 16 | | under this Act.
|
| 17 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
|
| 18 | | (430 ILCS 69/35-35)
|
| 19 | | Sec. 35-35. Intensive youth intervention services. |
| 20 | | (a) Subject to appropriation, for municipalities with |
| 21 | | 1,000,000 or more residents, the Office of Firearm Violence |
| 22 | | Prevention shall issue grants to high-risk youth intervention |
| 23 | | organizations for evidence-based intervention services that |
| 24 | | reduce involvement in the criminal and juvenile justice |
| 25 | | system, increase school attendance, and refer high-risk teens |
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| 1 | | into therapeutic programs that address trauma recovery and |
| 2 | | other mental health improvements. Each program participant |
| 3 | | enrolled in a high-risk youth intervention program under this |
| 4 | | Act shall receive a nationally recognized comprehensive mental |
| 5 | | health assessment delivered by a qualified mental health |
| 6 | | professional certified to provide services to Medicaid |
| 7 | | recipients. |
| 8 | | (b) High-risk youth intervention program participants |
| 9 | | shall receive needed services as determined by the |
| 10 | | individualized assessment which may include, but is not |
| 11 | | limited to: |
| 12 | | (1) receive group-based emotional regulation therapy |
| 13 | | that helps them control their emotions and understand how |
| 14 | | trauma and stress impacts their thinking and behavior; and |
| 15 | | (2) have youth advocates that accompany them to their |
| 16 | | group therapy sessions, assist them with issues that |
| 17 | | prevent them from attending school, and address life |
| 18 | | skills development activities through weekly coaching. |
| 19 | | (b-5) High-risk youth intervention service organizations |
| 20 | | shall have trained clinical staff managing the youth advocate |
| 21 | | interface with program participants. |
| 22 | | (c) Youth development service organizations and providers |
| 23 | | of evidence-based violence prevention services shall be |
| 24 | | assigned to the youth intervention service providers for |
| 25 | | referrals by the Office of Firearm Violence Prevention. |
| 26 | | (d) The youth receiving intervention services who are |
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| 1 | | evaluated to need trauma recovery and other behavioral health |
| 2 | | interventions and who have the greatest risk of firearm |
| 3 | | violence victimization shall be referred to the family systems |
| 4 | | intervention services established in Section 35-55. |
| 5 | | (e) The Office of Firearm Violence Prevention shall issue |
| 6 | | high-risk youth intervention grants, when possible and |
| 7 | | appropriate, to no less than 2 youth intervention |
| 8 | | organizations and no more than 4 organizations in |
| 9 | | municipalities with 1,000,000 or more residents. |
| 10 | | (f) No high-risk youth intervention organization can serve |
| 11 | | more than 13 eligible service areas. |
| 12 | | (g) The approved technical assistance and training |
| 13 | | providers for youth development programs provided in |
| 14 | | subsection (d) of Section 35-30 shall also provide technical |
| 15 | | assistance and training to the affiliated high-risk youth |
| 16 | | intervention service providers. |
| 17 | | (h) (Blank).
|
| 18 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
|
| 19 | | (430 ILCS 69/35-40)
|
| 20 | | Sec. 35-40. Services for municipalities with less than |
| 21 | | 1,000,000 residents. |
| 22 | | (a) The Office of Firearm Violence Prevention shall |
| 23 | | identify the 10 municipalities or geographically contiguous |
| 24 | | areas in Illinois with less than 1,000,000 residents and more |
| 25 | | than 35,000 residents that have the largest concentration of |
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| 1 | | fatal and nonfatal firearm-shot victims over the 5-year period |
| 2 | | considered for eligibility. These areas shall qualify for |
| 3 | | grants under this Act. The Office of Firearm Violence |
| 4 | | Prevention may identify up to 5 additional municipalities or |
| 5 | | geographically contiguous areas with less than 1,000,000 |
| 6 | | residents that would benefit from evidence-based violence |
| 7 | | prevention services. In identifying the additional |
| 8 | | municipalities that qualify for funding under Section 35-40, |
| 9 | | the Office of Firearm Violence Prevention shall consider the |
| 10 | | following factors when possible: |
| 11 | | (1) the total number of fatal and nonfatal firearms |
| 12 | | victims, excluding self-inflicted incidents, in a |
| 13 | | potential municipality over the 5-year period considered |
| 14 | | for eligibility;
|
| 15 | | (2) the per capita rate of fatal and nonfatal firearms |
| 16 | | victims, excluding self-inflicted incidents, in a |
| 17 | | potential municipality over the 5-year period considered |
| 18 | | for eligibility;
and |
| 19 | | (3) the total potential firearms violence reduction |
| 20 | | benefit for the entire State of Illinois by serving the |
| 21 | | additional municipalities compared to the total benefit of |
| 22 | | investing in all other municipalities identified for |
| 23 | | grants to municipalities with more than 35,000 residents |
| 24 | | and less than 1,000,000 residents.
|
| 25 | | (b) Resources for each of these areas shall be distributed |
| 26 | | based on a formula to be developed by the Office of Firearm |
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| 1 | | Violence Prevention that will maximize the total potential |
| 2 | | reduction in firearms victimization for all municipalities |
| 3 | | receiving grants under this Act. |
| 4 | | (c) The Office of Firearm Violence Prevention shall create |
| 5 | | local advisory councils for each of the designated service |
| 6 | | areas for the purpose of obtaining recommendations on how to |
| 7 | | distribute funds in these areas to reduce firearm violence |
| 8 | | incidents. Local advisory councils shall have a minimum of 5 |
| 9 | | members with the following expertise or experience: |
| 10 | | (1) a representative of a nonelected official in local |
| 11 | | government from the designated area; |
| 12 | | (2) a representative of an elected official at the |
| 13 | | local or state level for the area; |
| 14 | | (3) a representative with public health experience in |
| 15 | | firearm violence prevention or youth development; |
| 16 | | (4) two residents of the subsection of each area with |
| 17 | | the most concentrated firearm violence incidents; and |
| 18 | | (5) additional members as determined by the individual |
| 19 | | local advisory council. |
| 20 | | (d) The Office of Firearm Violence Prevention shall |
| 21 | | provide data to each local council on the characteristics of |
| 22 | | firearm violence in the designated area and other relevant |
| 23 | | information on the physical and demographic characteristics of |
| 24 | | the designated area. The Office of Firearm Violence Prevention |
| 25 | | shall also provide best available evidence on how to address |
| 26 | | the social determinants of health in the designated area in |
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| 1 | | order to reduce firearm violence. |
| 2 | | (e) Each local advisory council shall make recommendations |
| 3 | | on how to allocate distributed resources for its area based on |
| 4 | | information provided to them by the Office of Firearm Violence |
| 5 | | Prevention, local law enforcement data, and other locally |
| 6 | | available data. |
| 7 | | (f) The Office of Firearm Violence Prevention shall |
| 8 | | consider the recommendations and determine how to distribute |
| 9 | | funds through grants to community-based organizations and |
| 10 | | local governments. To the extent the Office of Firearm |
| 11 | | Violence Prevention does not follow a local advisory council's |
| 12 | | recommendation on allocation of funds, the Office of Firearm |
| 13 | | Violence Prevention shall explain in writing why a different |
| 14 | | allocation of resources is more likely to reduce firearm |
| 15 | | violence in the designated area. |
| 16 | | (g) Subject to appropriation, the Department of Human |
| 17 | | Services and the Office of Firearm Violence Prevention shall |
| 18 | | issue grants to local governmental agencies or community-based |
| 19 | | organizations, or both, to maximize firearm violence reduction |
| 20 | | each year. When possible, initial grants shall be named no |
| 21 | | later than April 1, 2022 and renewed or competitively bid as |
| 22 | | appropriate in subsequent fiscal years. |
| 23 | | (h) Each local advisory council is terminated upon making |
| 24 | | the recommendations required of it under this Section.
|
| 25 | | (Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
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| 1 | | (430 ILCS 69/35-50)
|
| 2 | | Sec. 35-50. Medicaid trauma recovery services for adults. |
| 3 | | (a) The On or before January 15, 2022, the Department of |
| 4 | | Healthcare and Family Services shall design, subject to seek |
| 5 | | approval from the United States Department of Health and Human |
| 6 | | Services, and subject to federal approval and State |
| 7 | | appropriations for this purpose, implement a team-based model |
| 8 | | of care system to address trauma recovery from chronic |
| 9 | | exposure to firearm violence for Illinois adults. On or before |
| 10 | | October 1, 2023, the Department of Healthcare and Family |
| 11 | | Services shall seek approval from the United States Department |
| 12 | | of Health and Human Services to ensure the model of care system |
| 13 | | may include providers such as community mental health centers, |
| 14 | | behavioral health clinics, hospitals, and others deemed |
| 15 | | appropriate by the Department of Healthcare and Family |
| 16 | | Services. |
| 17 | | (b) The team-based model of care system shall include, at |
| 18 | | reimburse for a minimum, of the following services: |
| 19 | | (1) Outreach services that recruit trauma-exposed |
| 20 | | adults into the system and develop supportive |
| 21 | | relationships with them based on lived experience in their |
| 22 | | communities. Outreach services include both services to |
| 23 | | support impacted individuals and group services that |
| 24 | | reduce violence between groups that need conflict |
| 25 | | resolution. |
| 26 | | (2) Case management and community support services |
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| 1 | | that provide stabilization to individuals recovering from |
| 2 | | chronic exposure to firearm violence, including group |
| 3 | | cognitive behavior therapy sessions and other |
| 4 | | evidence-based interventions that promote behavioral |
| 5 | | change. |
| 6 | | (3) Group and individual therapy that addresses |
| 7 | | underlying mental health conditions associated with |
| 8 | | post-traumatic stress disorder, depression, anxiety, |
| 9 | | substance use disorders, intermittent explosive disorder, |
| 10 | | oppositional defiant disorder, attention deficit |
| 11 | | hyperactivity disorder, and other mental conditions as a |
| 12 | | result of chronic trauma. |
| 13 | | (4) Services deemed necessary for the effective |
| 14 | | integration of paragraphs (1), (2), and (3). |
| 15 | | (c) The Department of Healthcare and Family Services is |
| 16 | | authorized to ensure that different types of providers |
| 17 | | delivering violence prevention services under the model of |
| 18 | | care operated in a manner consistent with evidence-based and |
| 19 | | evidence-informed practices. The Department of Healthcare and |
| 20 | | Family Services shall develop a reimbursement methodologies |
| 21 | | that account for differences among provider types methodology. |
| 22 | | (d) On or before October 1, 2023, the Department of |
| 23 | | Healthcare and Family Services and Department of Human |
| 24 | | Services shall create and execute a joint Background Check |
| 25 | | Waiver Process, limiting the disqualifying offenses, for Peer |
| 26 | | Support Workers who provide such services.
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| 1 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 2 | | ARTICLE 95.
|
| 3 | | Section 95-1. Short title. This Article may be cited as |
| 4 | | the Smart Start Illinois Act. References in this Article to |
| 5 | | "this Act" mean this Article.
|
| 6 | | Section 95-5. Findings. The General Assembly makes the |
| 7 | | following findings: |
| 8 | | (1) Early childhood education and care is an essential |
| 9 | | part of our State's economy and infrastructure, providing |
| 10 | | the backbone that allows for parents and guardians to seek |
| 11 | | and maintain employment in industries across the State. |
| 12 | | (2) Further, research shows that participation in |
| 13 | | quality early childhood education and care supports |
| 14 | | children's development, serves as a protective factor from |
| 15 | | trauma, increases school readiness, lowers future health |
| 16 | | care costs, and increases employment options and earnings. |
| 17 | | (3) The State of Illinois funds early childhood |
| 18 | | education programs through the Illinois State Board of |
| 19 | | Education and the Department of Human Services for |
| 20 | | families seeking services aimed at improving the early |
| 21 | | development of children from the prenatal stage to 5 years |
| 22 | | of age. Similar programs are also licensed by the |
| 23 | | Department of Children and Family Services. |
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| 1 | | (4) These agencies administer evidence-based |
| 2 | | home-visiting programs with doula enhancements, Early |
| 3 | | Intervention services, the Prevention Initiative program, |
| 4 | | the Preschool for All program, and the Child Care |
| 5 | | Assistance Program. |
| 6 | | (5) The cost to provide child care and early learning |
| 7 | | in the private market in Illinois is more than parents can |
| 8 | | afford, as it is more expensive in many communities than |
| 9 | | the cost of annual tuition and fees at a 4-year |
| 10 | | postsecondary institution. |
| 11 | | (6) Child care providers' revenues are insufficient, |
| 12 | | only allowing child care providers to pay minimum wage. |
| 13 | | That is less than 98% of all other jobs in the economy. |
| 14 | | (7) Workforce compensation in other early childhood |
| 15 | | programs is also not adequate to attract and retain |
| 16 | | qualified staff. This problem is especially acute for |
| 17 | | those working with infants and toddlers. |
| 18 | | (8) Illinois faces an early childhood educator |
| 19 | | workforce shortage, which stifles and artificially limits |
| 20 | | the supply of early childhood programs necessary for |
| 21 | | parents and guardians to go to work and school, thereby |
| 22 | | stifling economic growth in the State to an estimated cost |
| 23 | | of $2,400,000,000 annually. This is especially true for |
| 24 | | mothers, who often decide to stay home due to the |
| 25 | | exorbitant cost and inaccessibility of care. |
| 26 | | (9) Illinois also faces a shortage of high-quality |
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| 1 | | early childhood education and care options in communities |
| 2 | | across the State, limiting access to services for |
| 3 | | families. The shortage is particularly acute for |
| 4 | | infant-toddler care, as there is only capacity for 17.4% |
| 5 | | of the State's infants and toddlers within licensed child |
| 6 | | care facilities. |
| 7 | | (10) In recent years, the State of Illinois has |
| 8 | | expanded access to the Child Care Assistance Program by |
| 9 | | raising the income eligibility threshold and making |
| 10 | | program policies more inclusive and has supported provider |
| 11 | | sustainability by significantly raising Child Care |
| 12 | | Assistance Program reimbursement rates. In addition, the |
| 13 | | State of Illinois has invested over $1,000,000,000 in |
| 14 | | federal pandemic relief funding in child care service |
| 15 | | providers to ensure that they could remain open and serve |
| 16 | | families and children in their communities during the |
| 17 | | COVID-19 pandemic and beyond, and so that staff could |
| 18 | | continue to be paid. |
| 19 | | (11) However, beyond these federal relief funds, |
| 20 | | current public levers are unable to sustainably address |
| 21 | | the early childhood educator workforce shortage or the |
| 22 | | inadequate early childhood education and care supply to |
| 23 | | meet parent and guardian needs. Child care providers need |
| 24 | | stable, predictable, and sufficient revenues to pay |
| 25 | | attractive wages without increasing costs for families. |
| 26 | | (12) Any investment to address the early childhood |
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| 1 | | educator workforce shortage and to support program quality |
| 2 | | must be developed and implemented in close partnership |
| 3 | | with the educators and child care providers who would be |
| 4 | | directly impacted, as has been done to date via the Child |
| 5 | | Care Advisory Council, the Illinois Early Learning |
| 6 | | Council, Raising Illinois, We, the Village, Birth to Five |
| 7 | | Illinois Action Councils, Illinois Child Care for All, |
| 8 | | focus groups, and other stakeholder engagement efforts. |
| 9 | | (13) Any investment to address the early childhood |
| 10 | | educator workforce shortage and to support program quality |
| 11 | | must prioritize fiscal accountability and provider |
| 12 | | accessibility. |
| 13 | | (14) Smart Start Illinois is an effort to expand early |
| 14 | | childhood education and care services statewide with a |
| 15 | | focus on services aimed at the prenatal stage of |
| 16 | | development through 5 years of age. |
| 17 | | (15) Smart Start Illinois aims to eliminate preschool |
| 18 | | deserts, make quality child care more affordable and |
| 19 | | accessible, and increase access to evidence-based |
| 20 | | home-visiting services with doula enhancements and Early |
| 21 | | Intervention services.
|
| 22 | | Section 95-10. Smart Start Child Care Workforce |
| 23 | | Compensation Program. |
| 24 | | (a) The Department of Human Services shall create and |
| 25 | | establish the Smart Start Child Care Workforce Compensation |
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| 1 | | Program. The purpose of the Smart Start Child Care Workforce |
| 2 | | Compensation Program is to invest in early childhood education |
| 3 | | and care service providers, including, but not limited to, |
| 4 | | providers participating in the Child Care Assistance Program; |
| 5 | | to expand the supply of high-quality early childhood education |
| 6 | | and care; and to create a strong and stable early childhood |
| 7 | | education and care system with attractive wages, high-quality |
| 8 | | services, and affordable cost. |
| 9 | | (b) The purpose of the Smart Start Child Care Workforce |
| 10 | | Compensation Program is to stabilize community-based early |
| 11 | | childhood education and care service providers, raise the |
| 12 | | wages of early childhood educators, and support quality |
| 13 | | enhancements that can position service providers to |
| 14 | | participate in other public funding streams, such as Preschool |
| 15 | | for All, in order to further enhance and expand quality |
| 16 | | service delivery. |
| 17 | | (c) Subject to appropriation, the Department of Human |
| 18 | | Services shall implement the Smart Start Child Care Workforce |
| 19 | | Compensation Program for eligible licensed day care centers, |
| 20 | | licensed day care homes, and licensed group day care homes by |
| 21 | | October 1, 2024, or as soon as practicable, following |
| 22 | | completion of a planning and transition year. By October 1, |
| 23 | | 2025, or as soon as practicable, and for each year thereafter, |
| 24 | | subject to appropriation, the Department of Human Services |
| 25 | | shall continue to operate the Smart Start Child Care Workforce |
| 26 | | Compensation Program annually with all licensed day care |
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| 1 | | centers and licensed day care homes, and licensed group day |
| 2 | | care homes that meet eligibility requirements. The Smart Start |
| 3 | | Child Care Workforce Compensation Program shall operate |
| 4 | | separately from and shall not supplant the Child Care |
| 5 | | Assistance Program as provided for in Section 9A-11 of the |
| 6 | | Illinois Public Aid Code. |
| 7 | | (d) The Department of Human Services shall adopt |
| 8 | | administrative rules by October 1, 2024, to facilitate |
| 9 | | administration of the Smart Start Child Care Workforce |
| 10 | | Compensation Program, including, but not limited to, |
| 11 | | provisions for program eligibility, the application and |
| 12 | | funding calculation process, eligible expenses, required wage |
| 13 | | floors, and requirements for financial and personnel reporting |
| 14 | | and monitoring requirements. Eligibility and funding |
| 15 | | provisions shall be based on appropriation and a current model |
| 16 | | of the cost to provide child care services by a licensed child |
| 17 | | care center or licensed family child care home.
|
| 18 | | Section 95-15. Stakeholder involvement in program |
| 19 | | development and implementation. The Child Care Advisory |
| 20 | | Council, or a committee of the Council, with representation |
| 21 | | from Raising Illinois, We, the Village, Birth to Five Illinois |
| 22 | | Action Councils, and Illinois Child Care for All, shall |
| 23 | | convene prior to July 1, 2023, and at least quarterly |
| 24 | | thereafter through June 30, 2025, to inform the development |
| 25 | | and implementation of the Smart Start Child Care Workforce |
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| 1 | | Compensation Program.
|
| 2 | | Section 95-900. The Illinois Public Aid Code is amended by |
| 3 | | changing Section 9A-11 as follows:
|
| 4 | | (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
|
| 5 | | Sec. 9A-11. Child care.
|
| 6 | | (a) The General Assembly recognizes that families with |
| 7 | | children need child
care in order to work. Child care is |
| 8 | | expensive and families with limited access to economic |
| 9 | | resources low incomes,
including those who are transitioning |
| 10 | | from welfare to work, often struggle to
pay the costs of day |
| 11 | | care. The
General Assembly understands the importance of |
| 12 | | helping low-income working
families with limited access to |
| 13 | | economic resources become and remain self-sufficient. The |
| 14 | | General Assembly also believes
that it is the responsibility |
| 15 | | of families to share in the costs of child care.
It is also the |
| 16 | | preference of the General Assembly that all working poor
|
| 17 | | families with limited access to economic resources should be |
| 18 | | treated equally, regardless of their welfare status.
|
| 19 | | (b) To the extent resources permit, the Illinois |
| 20 | | Department shall provide
child care services to parents or |
| 21 | | other relatives as defined by rule who are
working or |
| 22 | | participating in employment or Department approved
education |
| 23 | | or training programs. At a minimum, the Illinois Department |
| 24 | | shall
cover the following categories of families:
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| 1 | | (1) recipients of TANF under Article IV participating |
| 2 | | in work and training
activities as specified in the |
| 3 | | personal plan for employment and
self-sufficiency;
|
| 4 | | (2) families transitioning from TANF to work;
|
| 5 | | (3) families at risk of becoming recipients of TANF;
|
| 6 | | (4) families with special needs as defined by rule;
|
| 7 | | (5) working families with very low incomes as defined |
| 8 | | by rule;
|
| 9 | | (6) families that are not recipients of TANF and that |
| 10 | | need child care assistance to participate in education and |
| 11 | | training activities; |
| 12 | | (7) youth in care, as defined in Section 4d of the |
| 13 | | Children and Family Services Act, who are parents, |
| 14 | | regardless of income or whether they are working or |
| 15 | | participating in Department-approved employment or |
| 16 | | education or training programs. Any family that receives |
| 17 | | child care assistance in accordance with this paragraph |
| 18 | | shall receive one additional 12-month child care |
| 19 | | eligibility period after the parenting youth in care's |
| 20 | | case with the Department of Children and Family Services |
| 21 | | is closed, regardless of income or whether the parenting |
| 22 | | youth in care is working or participating in |
| 23 | | Department-approved employment or education or training |
| 24 | | programs; |
| 25 | | (8) families receiving Extended Family Support Program |
| 26 | | services from the Department of Children and Family |
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| 1 | | Services, regardless of income or whether they are working |
| 2 | | or participating in Department-approved employment or |
| 3 | | education or training programs; and |
| 4 | | (9) families with children under the age of 5 who have |
| 5 | | an open intact family services case with the Department of |
| 6 | | Children and Family Services. Any family that receives |
| 7 | | child care assistance in accordance with this paragraph |
| 8 | | shall remain eligible for child care assistance 6 months |
| 9 | | after the child's intact family services case is closed, |
| 10 | | regardless of whether the child's parents or other |
| 11 | | relatives as defined by rule are working or participating |
| 12 | | in Department approved employment or education or training |
| 13 | | programs. The Department of Human Services, in |
| 14 | | consultation with the Department of Children and Family |
| 15 | | Services, shall adopt rules to protect the privacy of |
| 16 | | families who are the subject of an open intact family |
| 17 | | services case when such families enroll in child care |
| 18 | | services. Additional rules shall be adopted to offer |
| 19 | | children who have an open intact family services case the |
| 20 | | opportunity to receive an Early Intervention screening and |
| 21 | | other services that their families may be eligible for as |
| 22 | | provided by the Department of Human Services. |
| 23 | | Beginning October 1, 2023, and every October 1 thereafter, |
| 24 | | the Department of Children and Family Services shall report to |
| 25 | | the General Assembly on the number of children who received |
| 26 | | child care via vouchers paid for by the Department of Children |
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| 1 | | and Family Services during the preceding fiscal year. The |
| 2 | | report shall include the ages of children who received child |
| 3 | | care, the type of child care they received, and the number of |
| 4 | | months they received child care. |
| 5 | | The Department shall specify by rule the conditions of |
| 6 | | eligibility, the
application process, and the types, amounts, |
| 7 | | and duration of services.
Eligibility for
child care benefits |
| 8 | | and the amount of child care provided may vary based on
family |
| 9 | | size, income,
and other factors as specified by rule.
|
| 10 | | The Department shall update the Child Care Assistance |
| 11 | | Program Eligibility Calculator posted on its website to |
| 12 | | include a question on whether a family is applying for child |
| 13 | | care assistance for the first time or is applying for a |
| 14 | | redetermination of eligibility. |
| 15 | | A family's eligibility for child care services shall be |
| 16 | | redetermined no sooner than 12 months following the initial |
| 17 | | determination or most recent redetermination. During the |
| 18 | | 12-month periods, the family shall remain eligible for child |
| 19 | | care services regardless of (i) a change in family income, |
| 20 | | unless family income exceeds 85% of State median income, or |
| 21 | | (ii) a temporary change in the ongoing status of the parents or |
| 22 | | other relatives, as defined by rule, as working or attending a |
| 23 | | job training or educational program. |
| 24 | | In determining income eligibility for child care benefits, |
| 25 | | the Department
annually, at the beginning of each fiscal year, |
| 26 | | shall
establish, by rule, one income threshold for each family |
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| 1 | | size, in relation to
percentage of State median income for a |
| 2 | | family of that size, that makes
families with incomes below |
| 3 | | the specified threshold eligible for assistance
and families |
| 4 | | with incomes above the specified threshold ineligible for
|
| 5 | | assistance. Through and including fiscal year 2007, the |
| 6 | | specified threshold must be no less than 50% of the
|
| 7 | | then-current State median income for each family size. |
| 8 | | Beginning in fiscal year 2008, the specified threshold must be |
| 9 | | no less than 185% of the then-current federal poverty level |
| 10 | | for each family size. Notwithstanding any other provision of |
| 11 | | law or administrative rule to the contrary, beginning in |
| 12 | | fiscal year 2019, the specified threshold for working families |
| 13 | | with very low incomes as defined by rule must be no less than |
| 14 | | 185% of the then-current federal poverty level for each family |
| 15 | | size. Notwithstanding any other provision of law or |
| 16 | | administrative rule to the contrary, beginning in State fiscal |
| 17 | | year 2022 through State fiscal year 2023, the specified
income |
| 18 | | threshold shall be no less than 200% of the
then-current |
| 19 | | federal poverty level for each family size. Beginning in State |
| 20 | | fiscal year 2024, the specified income threshold shall be no |
| 21 | | less than 225% of the then-current federal poverty level for |
| 22 | | each family size.
|
| 23 | | In determining eligibility for
assistance, the Department |
| 24 | | shall not give preference to any category of
recipients
or |
| 25 | | give preference to individuals based on their receipt of |
| 26 | | benefits under this
Code.
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| 1 | | Nothing in this Section shall be
construed as conferring |
| 2 | | entitlement status to eligible families.
|
| 3 | | The Illinois
Department is authorized to lower income |
| 4 | | eligibility ceilings, raise parent
co-payments, create waiting |
| 5 | | lists, or take such other actions during a fiscal
year as are |
| 6 | | necessary to ensure that child care benefits paid under this
|
| 7 | | Article do not exceed the amounts appropriated for those child |
| 8 | | care benefits.
These changes may be accomplished by emergency |
| 9 | | rule under Section 5-45 of the
Illinois Administrative |
| 10 | | Procedure Act, except that the limitation on the number
of |
| 11 | | emergency rules that may be adopted in a 24-month period shall |
| 12 | | not apply.
|
| 13 | | The Illinois Department may contract with other State |
| 14 | | agencies or child care
organizations for the administration of |
| 15 | | child care services.
|
| 16 | | (c) Payment shall be made for child care that otherwise |
| 17 | | meets the
requirements of this Section and applicable |
| 18 | | standards of State and local
law and regulation, including any |
| 19 | | requirements the Illinois Department
promulgates by rule in |
| 20 | | addition to the licensure
requirements
promulgated by the |
| 21 | | Department of Children and Family Services and Fire
Prevention |
| 22 | | and Safety requirements promulgated by the Office of the State
|
| 23 | | Fire Marshal, and is provided in any of the following:
|
| 24 | | (1) a child care center which is licensed or exempt |
| 25 | | from licensure
pursuant to Section 2.09 of the Child Care |
| 26 | | Act of 1969;
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| 1 | | (2) a licensed child care home or home exempt from |
| 2 | | licensing;
|
| 3 | | (3) a licensed group child care home;
|
| 4 | | (4) other types of child care, including child care |
| 5 | | provided
by relatives or persons living in the same home |
| 6 | | as the child, as determined by
the Illinois Department by |
| 7 | | rule.
|
| 8 | | (c-5)
Solely for the purposes of coverage under the |
| 9 | | Illinois Public Labor Relations Act, child and day care home |
| 10 | | providers, including licensed and license exempt, |
| 11 | | participating in the Department's child care assistance |
| 12 | | program shall be considered to be public employees and the |
| 13 | | State of Illinois shall be considered to be their employer as |
| 14 | | of January 1, 2006 (the effective date of Public Act 94-320), |
| 15 | | but not before. The State shall engage in collective |
| 16 | | bargaining with an exclusive representative of child and day |
| 17 | | care home providers participating in the child care assistance |
| 18 | | program concerning their terms and conditions of employment |
| 19 | | that are within the State's control. Nothing in this |
| 20 | | subsection shall be understood to limit the right of families |
| 21 | | receiving services defined in this Section to select child and |
| 22 | | day care home providers or supervise them within the limits of |
| 23 | | this Section. The State shall not be considered to be the |
| 24 | | employer of child and day care home providers for any purposes |
| 25 | | not specifically provided in Public Act 94-320, including, but |
| 26 | | not limited to, purposes of vicarious liability in tort and |
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| 1 | | purposes of statutory retirement or health insurance benefits. |
| 2 | | Child and day care home providers shall not be covered by the |
| 3 | | State Employees Group Insurance Act of 1971. |
| 4 | | In according child and day care home providers and their |
| 5 | | selected representative rights under the Illinois Public Labor |
| 6 | | Relations Act, the State intends that the State action |
| 7 | | exemption to application of federal and State antitrust laws |
| 8 | | be fully available to the extent that their activities are |
| 9 | | authorized by Public Act 94-320.
|
| 10 | | (d) The Illinois Department shall establish, by rule, a |
| 11 | | co-payment scale that provides for cost sharing by families |
| 12 | | that receive
child care services, including parents whose only |
| 13 | | income is from
assistance under this Code. The co-payment |
| 14 | | shall be based on family income and family size and may be |
| 15 | | based on other factors as appropriate. Co-payments may be |
| 16 | | waived for families whose incomes are at or below the federal |
| 17 | | poverty level.
|
| 18 | | (d-5) The Illinois Department, in consultation with its |
| 19 | | Child Care and Development Advisory Council, shall develop a |
| 20 | | plan to revise the child care assistance program's co-payment |
| 21 | | scale. The plan shall be completed no later than February 1, |
| 22 | | 2008, and shall include: |
| 23 | | (1) findings as to the percentage of income that the |
| 24 | | average American family spends on child care and the |
| 25 | | relative amounts that low-income families and the average |
| 26 | | American family spend on other necessities of life;
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| 1 | | (2) recommendations for revising the child care |
| 2 | | co-payment scale to assure that families receiving child |
| 3 | | care services from the Department are paying no more than |
| 4 | | they can reasonably afford; |
| 5 | | (3) recommendations for revising the child care |
| 6 | | co-payment scale to provide at-risk children with complete |
| 7 | | access to Preschool for All and Head Start; and |
| 8 | | (4) recommendations for changes in child care program |
| 9 | | policies that affect the affordability of child care.
|
| 10 | | (e) (Blank).
|
| 11 | | (f) The Illinois Department shall, by rule, set rates to |
| 12 | | be paid for the
various types of child care. Child care may be |
| 13 | | provided through one of the
following methods:
|
| 14 | | (1) arranging the child care through eligible |
| 15 | | providers by use of
purchase of service contracts or |
| 16 | | vouchers;
|
| 17 | | (2) arranging with other agencies and community |
| 18 | | volunteer groups for
non-reimbursed child care;
|
| 19 | | (3) (blank); or
|
| 20 | | (4) adopting such other arrangements as the Department |
| 21 | | determines
appropriate.
|
| 22 | | (f-1) Within 30 days after June 4, 2018 (the effective |
| 23 | | date of Public Act 100-587), the Department of Human Services |
| 24 | | shall establish rates for child care providers that are no |
| 25 | | less than the rates in effect on January 1, 2018 increased by |
| 26 | | 4.26%. |
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| 1 | | (f-5) (Blank). |
| 2 | | (g) Families eligible for assistance under this Section |
| 3 | | shall be given the
following options:
|
| 4 | | (1) receiving a child care certificate issued by the |
| 5 | | Department or a
subcontractor of the Department that may |
| 6 | | be used by the parents as payment for
child care and |
| 7 | | development services only; or
|
| 8 | | (2) if space is available, enrolling the child with a |
| 9 | | child care provider
that has a purchase of service |
| 10 | | contract with the Department or a subcontractor
of the |
| 11 | | Department for the provision of child care and development |
| 12 | | services.
The Department may identify particular priority |
| 13 | | populations for whom they may
request special |
| 14 | | consideration by a provider with purchase of service
|
| 15 | | contracts, provided that the providers shall be permitted |
| 16 | | to maintain a balance
of clients in terms of household |
| 17 | | incomes and families and children with special
needs, as |
| 18 | | defined by rule.
|
| 19 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21; |
| 20 | | 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. |
| 21 | | 5-27-22.)
|
| 22 | | ARTICLE 97.
|
| 23 | | Section 97-5. The Business Corporation Act of 1983 is |
| 24 | | amended by changing Section 15.35 as follows:
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| 1 | | (805 ILCS 5/15.35) (from Ch. 32, par. 15.35)
|
| 2 | | (Text of Section from P.A. 102-16)
|
| 3 | | Sec. 15.35. Franchise taxes payable by domestic |
| 4 | | corporations. For the privilege of exercising its franchises |
| 5 | | in this State, each
domestic corporation shall pay to the |
| 6 | | Secretary of State the following
franchise taxes, computed on |
| 7 | | the basis, at the rates and for the periods
prescribed in this |
| 8 | | Act:
|
| 9 | | (a) An initial franchise tax at the time of filing its |
| 10 | | first report of
issuance of shares.
|
| 11 | | (b) An additional franchise tax at the time of filing |
| 12 | | (1) a report of
the issuance of additional shares, or (2) a |
| 13 | | report of an increase in paid-in
capital without the |
| 14 | | issuance of shares, or (3) an amendment to the articles
of |
| 15 | | incorporation or a report of cumulative changes in paid-in |
| 16 | | capital,
whenever any amendment or such report discloses |
| 17 | | an increase in its paid-in
capital over the amount thereof |
| 18 | | last reported in any document, other than
an annual |
| 19 | | report, interim annual report or final transition annual |
| 20 | | report
required by this Act to be filed in the office of |
| 21 | | the Secretary of State.
|
| 22 | | (c) An additional franchise tax at the time of filing |
| 23 | | a report of paid-in
capital following a statutory merger |
| 24 | | or consolidation, which discloses that
the paid-in capital |
| 25 | | of the surviving or new corporation immediately after
the |
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| 1 | | merger or consolidation is greater than the sum of the |
| 2 | | paid-in capital
of all of the merged or consolidated |
| 3 | | corporations as last reported
by them in any documents, |
| 4 | | other than annual reports, required by this Act
to be |
| 5 | | filed in the office of the Secretary of State; and in |
| 6 | | addition, the
surviving or new corporation shall be liable |
| 7 | | for a further additional franchise
tax on the paid-in |
| 8 | | capital of each of the merged or consolidated
corporations |
| 9 | | as last reported by them in any document, other than an |
| 10 | | annual
report, required by this Act to be filed with the |
| 11 | | Secretary of State from
their taxable year end to the next |
| 12 | | succeeding anniversary month or, in
the case of a |
| 13 | | corporation which has established an extended filing |
| 14 | | month,
the extended filing month of the surviving or new |
| 15 | | corporation; however if
the taxable year ends within the |
| 16 | | 2-month period immediately preceding the
anniversary month |
| 17 | | or, in the case of a corporation which has established an
|
| 18 | | extended filing month, the extended filing month of the |
| 19 | | surviving or new
corporation the tax will be computed to |
| 20 | | the anniversary month or, in the
case of a corporation |
| 21 | | which has established an extended filing month, the
|
| 22 | | extended filing month of the surviving or new corporation |
| 23 | | in the next
succeeding calendar year.
|
| 24 | | (d) An annual franchise tax payable each year with the |
| 25 | | annual report
which the corporation is required by this |
| 26 | | Act to file.
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| 1 | | On or after January 1, 2020 and prior to January 1, 2021, |
| 2 | | the first $30 in liability is exempt from the tax imposed under |
| 3 | | this Section. On or after January 1, 2021, and prior to January |
| 4 | | 1, 2024, the first $1,000 in liability is exempt from the tax |
| 5 | | imposed under this Section. On or after January 1, 2024, the |
| 6 | | first $5,000 in liability is exempt from the tax imposed under |
| 7 | | this Section. |
| 8 | | (Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21.)
|
| 9 | | (Text of Section from P.A. 102-282)
|
| 10 | | Sec. 15.35. Franchise taxes payable by domestic |
| 11 | | corporations. For the privilege of exercising its franchises |
| 12 | | in this State, each
domestic corporation shall pay to the |
| 13 | | Secretary of State the following
franchise taxes, computed on |
| 14 | | the basis, at the rates and for the periods
prescribed in this |
| 15 | | Act:
|
| 16 | | (a) An initial franchise tax at the time of filing its |
| 17 | | first report of
issuance of shares.
|
| 18 | | (b) An additional franchise tax at the time of filing |
| 19 | | (1) a report of
the issuance of additional shares, or (2) a |
| 20 | | report of an increase in paid-in
capital without the |
| 21 | | issuance of shares, or (3) an amendment to the articles
of |
| 22 | | incorporation or a report of cumulative changes in paid-in |
| 23 | | capital,
whenever any amendment or such report discloses |
| 24 | | an increase in its paid-in
capital over the amount thereof |
| 25 | | last reported in any document, other than
an annual |
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| 1 | | report, interim annual report or final transition annual |
| 2 | | report
required by this Act to be filed in the office of |
| 3 | | the Secretary of State.
|
| 4 | | (c) An additional franchise tax at the time of filing |
| 5 | | a report of paid-in
capital following a statutory merger |
| 6 | | or consolidation, which discloses that
the paid-in capital |
| 7 | | of the surviving or new corporation immediately after
the |
| 8 | | merger or consolidation is greater than the sum of the |
| 9 | | paid-in capital
of all of the merged or consolidated |
| 10 | | corporations as last reported
by them in any documents, |
| 11 | | other than annual reports, required by this Act
to be |
| 12 | | filed in the office of the Secretary of State; and in |
| 13 | | addition, the
surviving or new corporation shall be liable |
| 14 | | for a further additional franchise
tax on the paid-in |
| 15 | | capital of each of the merged or consolidated
corporations |
| 16 | | as last reported by them in any document, other than an |
| 17 | | annual
report, required by this Act to be filed with the |
| 18 | | Secretary of State from
their taxable year end to the next |
| 19 | | succeeding anniversary month or, in
the case of a |
| 20 | | corporation which has established an extended filing |
| 21 | | month,
the extended filing month of the surviving or new |
| 22 | | corporation; however if
the taxable year ends within the |
| 23 | | 2-month period immediately preceding the
anniversary month |
| 24 | | or, in the case of a corporation which has established an
|
| 25 | | extended filing month, the extended filing month of the |
| 26 | | surviving or new
corporation the tax will be computed to |
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| 1 | | the anniversary month or, in the
case of a corporation |
| 2 | | which has established an extended filing month, the
|
| 3 | | extended filing month of the surviving or new corporation |
| 4 | | in the next
succeeding calendar year.
|
| 5 | | (d) An annual franchise tax payable each year with the |
| 6 | | annual report
which the corporation is required by this |
| 7 | | Act to file.
|
| 8 | | On or after January 1, 2020 and prior to January 1, 2021, |
| 9 | | the first $30 in liability is exempt from the tax imposed under |
| 10 | | this Section. On or after January 1, 2021 and prior to January |
| 11 | | 1, 2024 2022, the first $1,000 in liability is exempt from the |
| 12 | | tax imposed under this Section. On or after January 1, 2024, |
| 13 | | the first $5,000 in liability is exempt from the tax imposed |
| 14 | | under this Section. On or after January 1, 2022 and prior to |
| 15 | | January 1, 2023, the first $10,000 in liability is exempt from |
| 16 | | the tax imposed under this Section. On or after January 1, 2023 |
| 17 | | and prior to January 1, 2024, the first $100,000 in liability |
| 18 | | is exempt from the tax imposed under this Section. The |
| 19 | | provisions of this Section shall not require the payment of |
| 20 | | any franchise tax that would otherwise have been due and |
| 21 | | payable on or after January 1, 2024. There shall be no refunds |
| 22 | | or proration of franchise tax for any taxes due and payable on |
| 23 | | or after January 1, 2024 on the basis that a portion of the |
| 24 | | corporation's taxable year extends beyond January 1, 2024. |
| 25 | | Public Act 101-9 shall not affect any right accrued or |
| 26 | | established, or any liability or penalty incurred prior to |
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| 1 | | January 1, 2024. |
| 2 | | This Section is repealed on December 31, 2024. |
| 3 | | (Source: P.A. 101-9, eff. 6-5-19; 102-282, eff. 1-1-22.)
|
| 4 | | (Text of Section from P.A. 102-558)
|
| 5 | | Sec. 15.35. Franchise taxes payable by domestic |
| 6 | | corporations. For the privilege of exercising its franchises |
| 7 | | in this State, each
domestic corporation shall pay to the |
| 8 | | Secretary of State the following
franchise taxes, computed on |
| 9 | | the basis, at the rates and for the periods
prescribed in this |
| 10 | | Act:
|
| 11 | | (a) An initial franchise tax at the time of filing its |
| 12 | | first report of
issuance of shares.
|
| 13 | | (b) An additional franchise tax at the time of filing |
| 14 | | (1) a report of
the issuance of additional shares, or (2) a |
| 15 | | report of an increase in paid-in
capital without the |
| 16 | | issuance of shares, or (3) an amendment to the articles
of |
| 17 | | incorporation or a report of cumulative changes in paid-in |
| 18 | | capital,
whenever any amendment or such report discloses |
| 19 | | an increase in its paid-in
capital over the amount thereof |
| 20 | | last reported in any document, other than
an annual |
| 21 | | report, interim annual report or final transition annual |
| 22 | | report
required by this Act to be filed in the office of |
| 23 | | the Secretary of State.
|
| 24 | | (c) An additional franchise tax at the time of filing |
| 25 | | a report of paid-in
capital following a statutory merger |
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| 1 | | or consolidation, which discloses that
the paid-in capital |
| 2 | | of the surviving or new corporation immediately after
the |
| 3 | | merger or consolidation is greater than the sum of the |
| 4 | | paid-in capital
of all of the merged or consolidated |
| 5 | | corporations as last reported
by them in any documents, |
| 6 | | other than annual reports, required by this Act
to be |
| 7 | | filed in the office of the Secretary of State; and in |
| 8 | | addition, the
surviving or new corporation shall be liable |
| 9 | | for a further additional franchise
tax on the paid-in |
| 10 | | capital of each of the merged or consolidated
corporations |
| 11 | | as last reported by them in any document, other than an |
| 12 | | annual
report, required by this Act to be filed with the |
| 13 | | Secretary of State from
their taxable year end to the next |
| 14 | | succeeding anniversary month or, in
the case of a |
| 15 | | corporation which has established an extended filing |
| 16 | | month,
the extended filing month of the surviving or new |
| 17 | | corporation; however if
the taxable year ends within the |
| 18 | | 2-month period immediately preceding the
anniversary month |
| 19 | | or, in the case of a corporation which has established an
|
| 20 | | extended filing month, the extended filing month of the |
| 21 | | surviving or new
corporation the tax will be computed to |
| 22 | | the anniversary month or, in the
case of a corporation |
| 23 | | which has established an extended filing month, the
|
| 24 | | extended filing month of the surviving or new corporation |
| 25 | | in the next
succeeding calendar year.
|
| 26 | | (d) An annual franchise tax payable each year with the |
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| 1 | | annual report
which the corporation is required by this |
| 2 | | Act to file.
|
| 3 | | On or after January 1, 2020 and prior to January 1, 2021, |
| 4 | | the first $30 in liability is exempt from the tax imposed under |
| 5 | | this Section. On or after January 1, 2021 and prior to January |
| 6 | | 1, 2024 2022, the first $1,000 in liability is exempt from the |
| 7 | | tax imposed under this Section. On or after January 1, 2024, |
| 8 | | the first $5,000 in liability is exempt from the tax imposed |
| 9 | | under this Section. On or after January 1, 2022 and prior to |
| 10 | | January 1, 2023, the first $10,000 in liability is exempt from |
| 11 | | the tax imposed under this Section. On or after January 1, 2023 |
| 12 | | and prior to January 1, 2024, the first $100,000 in liability |
| 13 | | is exempt from the tax imposed under this Section. The |
| 14 | | provisions of this Section shall not require the payment of |
| 15 | | any franchise tax that would otherwise have been due and |
| 16 | | payable on or after January 1, 2024. There shall be no refunds |
| 17 | | or proration of franchise tax for any taxes due and payable on |
| 18 | | or after January 1, 2024 on the basis that a portion of the |
| 19 | | corporation's taxable year extends beyond January 1, 2024. |
| 20 | | Public Act 101-9 shall not affect any right accrued or |
| 21 | | established, or any liability or penalty incurred prior to |
| 22 | | January 1, 2024. |
| 23 | | This Section is repealed on December 31, 2025. |
| 24 | | (Source: P.A. 101-9, eff. 6-5-19; 102-558, eff. 8-20-21.)
|
| 25 | | Article 98.
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| 1 | | Section 98-5. The Illinois Vehicle Code is amended by |
| 2 | | changing Sections 2-119, 2-123, 3-821, and 6-118 as follows:
|
| 3 | | (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
|
| 4 | | Sec. 2-119. Disposition of fees and taxes.
|
| 5 | | (a) All moneys received from Salvage Certificates shall be |
| 6 | | deposited in
the Common School Fund in the State Treasury.
|
| 7 | | (b) Of the money collected for each certificate of title, |
| 8 | | duplicate certificate of title, and corrected certificate of |
| 9 | | title: |
| 10 | | (1) $2.60 shall be deposited in the Park and |
| 11 | | Conservation Fund; |
| 12 | | (2) $0.65 shall be deposited in the Illinois Fisheries |
| 13 | | Management Fund; |
| 14 | | (3) $48 shall be disbursed under subsection (g) of |
| 15 | | this Section; |
| 16 | | (4) $4 shall be deposited into the Motor Vehicle |
| 17 | | License Plate Fund; and |
| 18 | | (5) $30 shall be deposited into the Capital Projects |
| 19 | | Fund; and . |
| 20 | | (6) $10 shall be deposited into the Secretary of State |
| 21 | | Special Services Fund. |
| 22 | | All remaining moneys collected for certificates of title, |
| 23 | | and all moneys collected for filing of security interests, |
| 24 | | shall be deposited in the General Revenue Fund. |
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| 1 | | The $20 collected for each delinquent vehicle registration |
| 2 | | renewal fee shall be deposited into the General Revenue Fund. |
| 3 | | The moneys deposited in the Park and Conservation Fund |
| 4 | | under this Section shall be used for the acquisition and |
| 5 | | development of bike paths as provided for in Section 805-420 |
| 6 | | of the Department of Natural Resources (Conservation) Law of |
| 7 | | the Civil Administrative Code of Illinois. The moneys |
| 8 | | deposited into the Park and Conservation Fund under this |
| 9 | | subsection shall not be subject to administrative charges or |
| 10 | | chargebacks, unless otherwise authorized by this Code. |
| 11 | | If the balance in the Motor Vehicle License Plate Fund |
| 12 | | exceeds $40,000,000 on the last day of a calendar month, then |
| 13 | | during the next calendar month, the $4 that otherwise would be |
| 14 | | deposited in that fund shall instead be deposited into the |
| 15 | | Road Fund.
|
| 16 | | (c) All moneys collected for that portion of a driver's |
| 17 | | license fee
designated for driver education under Section |
| 18 | | 6-118 shall be placed in
the Drivers Education Fund in the |
| 19 | | State Treasury.
|
| 20 | | (d) Of the moneys collected as a registration fee for each |
| 21 | | motorcycle, motor driven cycle, and moped, 27% shall be |
| 22 | | deposited in the Cycle Rider Safety Training Fund.
|
| 23 | | (e) (Blank).
|
| 24 | | (f) Of the total money collected for a commercial |
| 25 | | learner's permit (CLP) or
original or renewal issuance of a |
| 26 | | commercial driver's license (CDL)
pursuant to the Uniform |
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| 1 | | Commercial Driver's License Act (UCDLA): (i) $6 of the
total |
| 2 | | fee for an original or renewal CDL, and $6 of the total CLP fee |
| 3 | | when such permit is issued to any person holding a
valid |
| 4 | | Illinois driver's license, shall be paid into the |
| 5 | | CDLIS/AAMVAnet/NMVTIS
Trust Fund (Commercial Driver's License |
| 6 | | Information System/American
Association of Motor Vehicle |
| 7 | | Administrators network/National Motor Vehicle Title |
| 8 | | Information Service Trust Fund) and shall
be used for the |
| 9 | | purposes provided in Section 6z-23 of the State Finance Act
|
| 10 | | and (ii) $20 of the total fee for an original or renewal CDL or |
| 11 | | CLP shall be paid
into the Motor Carrier Safety Inspection |
| 12 | | Fund, which is hereby created as a
special fund in the State |
| 13 | | Treasury, to be used by
the Illinois State Police, subject to |
| 14 | | appropriation, to hire additional officers to
conduct motor |
| 15 | | carrier safety
inspections
pursuant to Chapter 18b of this |
| 16 | | Code.
|
| 17 | | (g) Of the moneys received by the Secretary of State as |
| 18 | | registration fees or taxes, certificates of title, duplicate |
| 19 | | certificates of title, corrected certificates of title, or as |
| 20 | | payment of any other fee under this Code, when those moneys are |
| 21 | | not otherwise distributed by this Code, 37% shall be deposited |
| 22 | | into the State Construction Account Fund, and 63% shall be |
| 23 | | deposited in the Road Fund. Moneys in the Road Fund shall be |
| 24 | | used for the purposes provided in Section 8.3 of the State |
| 25 | | Finance Act.
|
| 26 | | (h) (Blank).
|
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| 1 | | (i) (Blank).
|
| 2 | | (j) (Blank).
|
| 3 | | (k) There is created in the State Treasury a special fund |
| 4 | | to be known as
the Secretary of State Special License Plate |
| 5 | | Fund. Money deposited into the
Fund shall, subject to |
| 6 | | appropriation, be used by the Office of the Secretary
of State |
| 7 | | (i) to help defray plate manufacturing and plate processing |
| 8 | | costs
for the issuance and, when applicable, renewal of any |
| 9 | | new or existing
registration plates authorized under this Code |
| 10 | | and (ii) for grants made by the
Secretary of State to benefit |
| 11 | | Illinois Veterans Home libraries.
|
| 12 | | (l) The Motor Vehicle Review Board Fund is created as a |
| 13 | | special fund in
the State Treasury. Moneys deposited into the |
| 14 | | Fund under paragraph (7) of
subsection (b) of Section 5-101 |
| 15 | | and Section 5-109 shall,
subject to appropriation, be used by |
| 16 | | the Office of the Secretary of State to
administer the Motor |
| 17 | | Vehicle Review Board, including without
limitation payment of |
| 18 | | compensation and all necessary expenses incurred in
|
| 19 | | administering the Motor Vehicle Review Board under the Motor |
| 20 | | Vehicle Franchise
Act.
|
| 21 | | (m) Effective July 1, 1996, there is created in the State
|
| 22 | | Treasury a special fund to be known as the Family |
| 23 | | Responsibility Fund. Moneys
deposited into the Fund shall, |
| 24 | | subject to appropriation, be used by the Office
of the |
| 25 | | Secretary of State for the purpose of enforcing the Family |
| 26 | | Financial
Responsibility Law.
|
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| 1 | | (n) The Illinois Fire Fighters' Memorial Fund is created |
| 2 | | as a special
fund in the State Treasury. Moneys deposited into |
| 3 | | the Fund shall, subject
to appropriation, be used by the |
| 4 | | Office of the State Fire Marshal for
construction of the |
| 5 | | Illinois Fire Fighters' Memorial to be located at the
State |
| 6 | | Capitol grounds in Springfield, Illinois. Upon the completion |
| 7 | | of the
Memorial, moneys in the Fund shall be used in accordance |
| 8 | | with Section 3-634.
|
| 9 | | (o) Of the money collected for each certificate of title |
| 10 | | for all-terrain
vehicles and off-highway motorcycles, $17 |
| 11 | | shall be deposited into the
Off-Highway Vehicle Trails Fund.
|
| 12 | | (p) For audits conducted on or after July 1, 2003 pursuant |
| 13 | | to Section
2-124(d) of this Code, 50% of the money collected as |
| 14 | | audit fees shall be
deposited
into the General Revenue Fund.
|
| 15 | | (q) Beginning July 1, 2023, the additional fees imposed by |
| 16 | | this amendatory Act of the 103rd General Assembly in Sections |
| 17 | | 2-123, 3-821, and 6-118 shall be deposited into the Secretary |
| 18 | | of State Special Services Fund. |
| 19 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 20 | | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
|
| 21 | | (Text of Section before amendment by P.A. 102-982)
|
| 22 | | Sec. 2-123. Sale and distribution of information.
|
| 23 | | (a) Except as otherwise provided in this Section, the |
| 24 | | Secretary may make the
driver's license, vehicle and title |
| 25 | | registration lists, in part or in whole,
and any statistical |
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| 1 | | information derived from these lists available to local
|
| 2 | | governments, elected state officials, state educational |
| 3 | | institutions, and all
other governmental units of the State |
| 4 | | and Federal
Government
requesting them for governmental |
| 5 | | purposes. The Secretary shall require any such
applicant for |
| 6 | | services to pay for the costs of furnishing such services and |
| 7 | | the
use of the equipment involved, and in addition is |
| 8 | | empowered to establish prices
and charges for the services so |
| 9 | | furnished and for the use of the electronic
equipment |
| 10 | | utilized.
|
| 11 | | (b) The Secretary is further empowered to and he may, in |
| 12 | | his discretion,
furnish to any applicant, other than listed in |
| 13 | | subsection (a) of this Section,
vehicle or driver data on a |
| 14 | | computer tape, disk, other electronic format or
computer |
| 15 | | processable medium, or printout at a fixed fee of $500
$250 for |
| 16 | | orders received before October 1, 2003 and $500 for orders |
| 17 | | received
on or after October 1, 2003, in advance, and require |
| 18 | | in addition a
further sufficient
deposit based upon the |
| 19 | | Secretary of State's estimate of the total cost of the
|
| 20 | | information requested and a charge of $50 $25 for orders |
| 21 | | received before October
1, 2003 and $50 for orders received on |
| 22 | | or after October 1, 2003, per 1,000
units or part
thereof |
| 23 | | identified or the actual cost, whichever is greater. The |
| 24 | | Secretary is
authorized to refund any difference between the |
| 25 | | additional deposit and the
actual cost of the request. This |
| 26 | | service shall not be in lieu of an abstract
of a driver's |
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| 1 | | record nor of a title or registration search. This service may
|
| 2 | | be limited to entities purchasing a minimum number of records |
| 3 | | as required by
administrative rule. The information
sold |
| 4 | | pursuant to this subsection shall be the entire vehicle or |
| 5 | | driver data
list, or part thereof. The information sold |
| 6 | | pursuant to this subsection
shall not contain personally |
| 7 | | identifying information unless the information is
to be used |
| 8 | | for one of the purposes identified in subsection (f-5) of this
|
| 9 | | Section. Commercial purchasers of driver and vehicle record |
| 10 | | databases shall
enter into a written agreement with the |
| 11 | | Secretary of State that includes
disclosure of the commercial |
| 12 | | use of the information to be purchased. |
| 13 | | (b-1) The Secretary is further empowered to and may, in |
| 14 | | his or her discretion, furnish vehicle or driver data on a |
| 15 | | computer tape, disk, or other electronic format or computer |
| 16 | | processible medium, at no fee, to any State or local |
| 17 | | governmental agency that uses the information provided by the |
| 18 | | Secretary to transmit data back to the Secretary that enables |
| 19 | | the Secretary to maintain accurate driving records, including |
| 20 | | dispositions of traffic cases. This information may be |
| 21 | | provided without fee not more often than once every 6 months.
|
| 22 | | (c) Secretary of State may issue registration lists. The |
| 23 | | Secretary
of State may compile a list of all registered
|
| 24 | | vehicles. Each list of registered vehicles shall be arranged |
| 25 | | serially
according to the registration numbers assigned to |
| 26 | | registered vehicles and
may contain in addition the names and |
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| 1 | | addresses of registered owners and
a brief description of each |
| 2 | | vehicle including the serial or other
identifying number |
| 3 | | thereof. Such compilation may be in such form as in the
|
| 4 | | discretion of the Secretary of State may seem best for the |
| 5 | | purposes intended.
|
| 6 | | (d) The Secretary of State shall furnish no more than 2 |
| 7 | | current available
lists of such registrations to the sheriffs |
| 8 | | of all counties and to the chiefs
of police of all cities and |
| 9 | | villages and towns of 2,000 population and over
in this State |
| 10 | | at no cost. Additional copies may be purchased by the sheriffs
|
| 11 | | or chiefs of police at the fee
of $500 each or at the cost of |
| 12 | | producing the list as determined
by the Secretary of State. |
| 13 | | Such lists are to be used for governmental
purposes only.
|
| 14 | | (e) (Blank).
|
| 15 | | (e-1) (Blank).
|
| 16 | | (f) The Secretary of State shall make a title or |
| 17 | | registration search of the
records of his office and a written |
| 18 | | report on the same for any person, upon
written application of |
| 19 | | such person, accompanied by a fee of $5 for
each registration |
| 20 | | or title search. The written application shall set forth
the |
| 21 | | intended use of the requested information. No fee shall be |
| 22 | | charged for a
title or
registration search, or for the |
| 23 | | certification thereof requested by a government
agency. The |
| 24 | | report of the title or registration search shall not contain
|
| 25 | | personally identifying information unless the request for a |
| 26 | | search was made for
one of the purposes identified in |
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| 1 | | subsection (f-5) of this Section. The report of the title or |
| 2 | | registration search shall not contain highly
restricted |
| 3 | | personal
information unless specifically authorized by this |
| 4 | | Code.
|
| 5 | | The Secretary of State shall certify a title or |
| 6 | | registration record upon
written request. The fee for |
| 7 | | certification shall be $5 in addition
to the fee required for a |
| 8 | | title or registration search. Certification shall
be made |
| 9 | | under the signature of the Secretary of State and shall be
|
| 10 | | authenticated by Seal of the Secretary of State.
|
| 11 | | The Secretary of State may notify the vehicle owner or |
| 12 | | registrant of
the request for purchase of his title or |
| 13 | | registration information as the
Secretary deems appropriate.
|
| 14 | | No information shall be released to the requester until |
| 15 | | expiration of a 10-day
period. This 10-day period shall not |
| 16 | | apply to requests for
information made by law enforcement |
| 17 | | officials, government agencies,
financial institutions, |
| 18 | | attorneys, insurers, employers, automobile
associated |
| 19 | | businesses, persons licensed as a private detective or firms
|
| 20 | | licensed as a private detective agency under the Private |
| 21 | | Detective, Private
Alarm, Private Security, Fingerprint |
| 22 | | Vendor, and Locksmith Act of 2004, who are employed by or are
|
| 23 | | acting on
behalf of law enforcement officials, government |
| 24 | | agencies, financial
institutions, attorneys, insurers, |
| 25 | | employers, automobile associated businesses,
and other |
| 26 | | business entities for purposes consistent with the Illinois |
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| 1 | | Vehicle
Code, the vehicle owner or registrant or other |
| 2 | | entities as the Secretary may
exempt by rule and regulation.
|
| 3 | | Any misrepresentation made by a requester of title or |
| 4 | | vehicle information
shall be punishable as a petty offense, |
| 5 | | except in the case of persons
licensed as a private detective |
| 6 | | or firms licensed as a private detective agency
which shall be |
| 7 | | subject to disciplinary sanctions under Section 40-10 of the
|
| 8 | | Private Detective, Private Alarm, Private Security, |
| 9 | | Fingerprint Vendor, and Locksmith Act of 2004.
|
| 10 | | (f-5) The Secretary of State shall not disclose or |
| 11 | | otherwise make
available to
any person or entity any |
| 12 | | personally identifying information obtained by the
Secretary
|
| 13 | | of State in connection with a driver's license, vehicle, or |
| 14 | | title registration
record
unless the information is disclosed |
| 15 | | for one of the following purposes:
|
| 16 | | (1) For use by any government agency, including any |
| 17 | | court or law
enforcement agency, in carrying out its |
| 18 | | functions, or any private person or
entity acting on |
| 19 | | behalf of a federal, State, or local agency in carrying |
| 20 | | out
its
functions.
|
| 21 | | (2) For use in connection with matters of motor |
| 22 | | vehicle or driver safety
and theft; motor vehicle |
| 23 | | emissions; motor vehicle product alterations, recalls,
or |
| 24 | | advisories; performance monitoring of motor vehicles, |
| 25 | | motor vehicle parts,
and dealers; and removal of non-owner |
| 26 | | records from the original owner
records of motor vehicle |
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| 1 | | manufacturers.
|
| 2 | | (3) For use in the normal course of business by a |
| 3 | | legitimate business or
its agents, employees, or |
| 4 | | contractors, but only:
|
| 5 | | (A) to verify the accuracy of personal information |
| 6 | | submitted by
an individual to the business or its |
| 7 | | agents, employees, or contractors;
and
|
| 8 | | (B) if such information as so submitted is not |
| 9 | | correct or is no
longer correct, to obtain the correct |
| 10 | | information, but only for the
purposes of preventing |
| 11 | | fraud by, pursuing legal remedies against, or
|
| 12 | | recovering on a debt or security interest against, the |
| 13 | | individual.
|
| 14 | | (4) For use in research activities and for use in |
| 15 | | producing statistical
reports, if the personally |
| 16 | | identifying information is not published,
redisclosed, or |
| 17 | | used to
contact individuals.
|
| 18 | | (5) For use in connection with any civil, criminal, |
| 19 | | administrative, or
arbitral proceeding in any federal, |
| 20 | | State, or local court or agency or before
any
|
| 21 | | self-regulatory body, including the service of process, |
| 22 | | investigation in
anticipation of litigation, and the |
| 23 | | execution or enforcement of judgments and
orders, or |
| 24 | | pursuant to an order of a federal, State, or local court.
|
| 25 | | (6) For use by any insurer or insurance support |
| 26 | | organization or by a
self-insured entity or its agents, |
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| 1 | | employees, or contractors in connection with
claims |
| 2 | | investigation activities, antifraud activities, rating, or |
| 3 | | underwriting.
|
| 4 | | (7) For use in providing notice to the owners of towed |
| 5 | | or
impounded vehicles.
|
| 6 | | (8) For use by any person licensed as a private |
| 7 | | detective or firm licensed as a private
detective agency |
| 8 | | under
the Private Detective, Private Alarm, Private |
| 9 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, |
| 10 | | private investigative agency or security service
licensed |
| 11 | | in Illinois for any purpose permitted under this |
| 12 | | subsection.
|
| 13 | | (9) For use by an employer or its agent or insurer to |
| 14 | | obtain or verify
information relating to a holder of a |
| 15 | | commercial driver's license that is
required under chapter |
| 16 | | 313 of title 49 of the United States Code.
|
| 17 | | (10) For use in connection with the operation of |
| 18 | | private toll
transportation facilities.
|
| 19 | | (11) For use by any requester, if the requester |
| 20 | | demonstrates it has
obtained the written consent of the |
| 21 | | individual to whom the information
pertains.
|
| 22 | | (12) For use by members of the news media, as defined |
| 23 | | in
Section 1-148.5, for the purpose of newsgathering when |
| 24 | | the request relates to
the
operation of a motor vehicle or |
| 25 | | public safety.
|
| 26 | | (13) For any other use specifically authorized by law, |
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| 1 | | if that use is
related to the operation of a motor vehicle |
| 2 | | or public safety. |
| 3 | | (f-6) The Secretary of State shall not disclose or |
| 4 | | otherwise make
available to any
person or entity any highly |
| 5 | | restricted personal information obtained by the
Secretary of
|
| 6 | | State in connection with a driver's license, vehicle, or
title |
| 7 | | registration
record unless
specifically authorized by this |
| 8 | | Code.
|
| 9 | | (g) 1. The Secretary of State may, upon receipt of a |
| 10 | | written request
and a fee as set forth in Section 6-118, |
| 11 | | furnish to the person or agency so requesting a
driver's |
| 12 | | record or data contained therein. Such document may include a |
| 13 | | record of: current driver's
license issuance information, |
| 14 | | except that the information on judicial driving
permits shall |
| 15 | | be available only as otherwise provided by this Code;
|
| 16 | | convictions; orders entered revoking, suspending or cancelling |
| 17 | | a
driver's
license or privilege; and notations of accident |
| 18 | | involvement. All other
information, unless otherwise permitted |
| 19 | | by
this Code, shall remain confidential. Information released |
| 20 | | pursuant to a
request for a driver's record shall not contain |
| 21 | | personally identifying
information, unless the request for the |
| 22 | | driver's record was made for one of the
purposes set forth in |
| 23 | | subsection (f-5) of this Section. The Secretary of State may, |
| 24 | | without fee, allow a parent or guardian of a person under the |
| 25 | | age of 18 years, who holds an instruction permit or graduated |
| 26 | | driver's license, to view that person's driving record online, |
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| 1 | | through a computer connection.
The parent or guardian's online |
| 2 | | access to the driving record will terminate when the |
| 3 | | instruction permit or graduated driver's license holder |
| 4 | | reaches the age of 18.
|
| 5 | | 2. The Secretary of State shall not disclose or otherwise |
| 6 | | make available
to any
person or
entity any highly restricted |
| 7 | | personal information obtained by the Secretary of
State in
|
| 8 | | connection with a driver's license, vehicle, or title
|
| 9 | | registration record
unless specifically
authorized by this |
| 10 | | Code. The Secretary of State may certify an abstract of a |
| 11 | | driver's record
upon written request therefor. Such |
| 12 | | certification
shall be made under the signature of the |
| 13 | | Secretary of State and shall be
authenticated by the Seal of |
| 14 | | his office.
|
| 15 | | 3. All requests for driving record information shall be |
| 16 | | made in a manner
prescribed by the Secretary and shall set |
| 17 | | forth the intended use of the
requested information.
|
| 18 | | The Secretary of State may notify the affected driver of |
| 19 | | the request
for purchase of his driver's record as the |
| 20 | | Secretary deems appropriate.
|
| 21 | | No information shall be released to the requester until |
| 22 | | expiration of a 10-day
period. This 10-day period shall not |
| 23 | | apply to requests for information
made by law enforcement |
| 24 | | officials, government agencies, financial institutions,
|
| 25 | | attorneys, insurers, employers, automobile associated |
| 26 | | businesses, persons
licensed as a private detective or firms |
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| 1 | | licensed as a private detective agency
under the Private |
| 2 | | Detective, Private Alarm, Private Security, Fingerprint |
| 3 | | Vendor, and Locksmith Act
of 2004,
who are employed by or are |
| 4 | | acting on behalf of law enforcement officials,
government |
| 5 | | agencies, financial institutions, attorneys, insurers, |
| 6 | | employers,
automobile associated businesses, and other |
| 7 | | business entities for purposes
consistent with the Illinois |
| 8 | | Vehicle Code, the affected driver or other
entities as the |
| 9 | | Secretary may exempt by rule and regulation.
|
| 10 | | Any misrepresentation made by a requester of driver |
| 11 | | information shall
be punishable as a petty offense, except in |
| 12 | | the case of persons licensed as
a private detective or firms |
| 13 | | licensed as a private detective agency which shall
be subject |
| 14 | | to disciplinary sanctions under Section 40-10 of the Private
|
| 15 | | Detective, Private Alarm, Private Security, Fingerprint |
| 16 | | Vendor, and Locksmith Act of 2004.
|
| 17 | | 4. The Secretary of State may furnish without fee, upon |
| 18 | | the written
request of a law enforcement agency, any |
| 19 | | information from a driver's
record on file with the Secretary |
| 20 | | of State when such information is required
in the enforcement |
| 21 | | of this Code or any other law relating to the operation
of |
| 22 | | motor vehicles, including records of dispositions; documented
|
| 23 | | information involving the use of a motor vehicle; whether such |
| 24 | | individual
has, or previously had, a driver's license; and the |
| 25 | | address and personal
description as reflected on said driver's |
| 26 | | record.
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| 1 | | 5. Except as otherwise provided in this Section, the |
| 2 | | Secretary of
State may furnish, without fee, information from |
| 3 | | an individual driver's
record on file, if a written request |
| 4 | | therefor is submitted
by any public transit system or |
| 5 | | authority, public defender, law enforcement
agency, a state or |
| 6 | | federal agency, or an Illinois local intergovernmental
|
| 7 | | association, if the request is for the purpose of a background |
| 8 | | check of
applicants for employment with the requesting agency, |
| 9 | | or for the purpose of
an official investigation conducted by |
| 10 | | the agency, or to determine a
current address for the driver so |
| 11 | | public funds can be recovered or paid to
the driver, or for any |
| 12 | | other purpose set forth in subsection (f-5)
of this Section.
|
| 13 | | The Secretary may also furnish the courts a copy of an |
| 14 | | abstract of a
driver's record, without fee, subsequent to an |
| 15 | | arrest for a violation of
Section 11-501 or a similar |
| 16 | | provision of a local ordinance. Such abstract
may include |
| 17 | | records of dispositions; documented information involving
the |
| 18 | | use of a motor vehicle as contained in the current file; |
| 19 | | whether such
individual has, or previously had, a driver's |
| 20 | | license; and the address and
personal description as reflected |
| 21 | | on said driver's record.
|
| 22 | | 6. Any certified abstract issued by the Secretary of State |
| 23 | | or
transmitted electronically by the Secretary of State |
| 24 | | pursuant to this
Section,
to a court or on request of a law |
| 25 | | enforcement agency, for the record of a
named person as to the |
| 26 | | status of the person's driver's license shall be
prima facie |
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| 1 | | evidence of the facts therein stated and if the name appearing
|
| 2 | | in such abstract is the same as that of a person named in an |
| 3 | | information or
warrant, such abstract shall be prima facie |
| 4 | | evidence that the person named
in such information or warrant |
| 5 | | is the same person as the person named in
such abstract and |
| 6 | | shall be admissible for any prosecution under this Code and
be |
| 7 | | admitted as proof of any prior conviction or proof of records, |
| 8 | | notices, or
orders recorded on individual driving records |
| 9 | | maintained by the Secretary of
State.
|
| 10 | | 7. Subject to any restrictions contained in the Juvenile |
| 11 | | Court Act of
1987, and upon receipt of a proper request and a |
| 12 | | fee as set forth in Section 6-118, the
Secretary of
State shall |
| 13 | | provide a driver's record or data contained therein to the |
| 14 | | affected driver, or the affected
driver's attorney, upon |
| 15 | | verification. Such record shall contain all the
information |
| 16 | | referred to in paragraph 1 of this subsection (g) plus: any
|
| 17 | | recorded accident involvement as a driver; information |
| 18 | | recorded pursuant to
subsection (e) of Section 6-117 and |
| 19 | | paragraph (4) of subsection (a) of
Section 6-204 of this Code. |
| 20 | | All other information, unless otherwise permitted
by this |
| 21 | | Code, shall remain confidential.
|
| 22 | | (h) The Secretary shall not disclose social security |
| 23 | | numbers or any associated information obtained from the Social |
| 24 | | Security Administration except pursuant
to a written request |
| 25 | | by, or with the prior written consent of, the
individual |
| 26 | | except: (1) to officers and employees of the Secretary
who
|
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| 1 | | have a need to know the social security numbers in performance |
| 2 | | of their
official duties, (2) to law enforcement officials for |
| 3 | | a civil or
criminal law enforcement investigation, and if an |
| 4 | | officer of the law enforcement
agency has made a written |
| 5 | | request to the Secretary specifying the law
enforcement |
| 6 | | investigation for which the social security numbers are being
|
| 7 | | sought, though the Secretary retains the right to require |
| 8 | | additional verification regarding the validity of the request, |
| 9 | | (3) to the United States Department of Transportation, or any |
| 10 | | other
State, pursuant to the administration and enforcement of |
| 11 | | the Commercial
Motor Vehicle Safety Act of 1986 or |
| 12 | | participation in State-to-State verification service, (4) |
| 13 | | pursuant to the order of a court
of competent jurisdiction, |
| 14 | | (5) to the Department of Healthcare and Family Services |
| 15 | | (formerly Department of Public Aid) for
utilization
in the |
| 16 | | child support enforcement duties assigned to that Department |
| 17 | | under
provisions of the Illinois Public Aid Code after the |
| 18 | | individual has received advanced
meaningful notification of |
| 19 | | what redisclosure is sought by the Secretary in
accordance |
| 20 | | with the federal Privacy Act, (5.5) to the Department of |
| 21 | | Healthcare and Family Services and the Department of Human |
| 22 | | Services solely for the purpose of verifying Illinois |
| 23 | | residency where such residency is an eligibility requirement |
| 24 | | for benefits under the Illinois Public Aid Code or any other |
| 25 | | health benefit program administered by the Department of |
| 26 | | Healthcare and Family Services or the Department of Human |
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| 1 | | Services, (6) to the Illinois Department of Revenue solely for |
| 2 | | use by the Department in the collection of any tax or debt that |
| 3 | | the Department of Revenue is authorized or required by law to |
| 4 | | collect, provided that the Department shall not disclose the |
| 5 | | social security number to any person or entity outside of the |
| 6 | | Department, (7) to the Illinois Department of Veterans' |
| 7 | | Affairs for the purpose of confirming veteran status, or (8) |
| 8 | | the last 4 digits to the Illinois State Board of Elections for |
| 9 | | purposes of voter registration and as may be required pursuant |
| 10 | | to an agreement for a multi-state voter registration list |
| 11 | | maintenance system. If social security information is |
| 12 | | disclosed by the Secretary in accordance with this Section, no |
| 13 | | liability shall rest with the Office of the Secretary of State |
| 14 | | or any of its officers or employees, as the information is |
| 15 | | released for official purposes only.
|
| 16 | | (i) (Blank).
|
| 17 | | (j) Medical statements or medical reports received in the |
| 18 | | Secretary of
State's Office shall be confidential. Except as |
| 19 | | provided in this Section, no confidential information may be
|
| 20 | | open to public inspection or the contents disclosed to anyone, |
| 21 | | except
officers and employees of the Secretary who have a need |
| 22 | | to know the information
contained in the medical reports and |
| 23 | | the Driver License Medical Advisory
Board, unless so directed |
| 24 | | by an order of a court of competent jurisdiction. If the |
| 25 | | Secretary receives a medical report regarding a driver that |
| 26 | | does not address a medical condition contained in a previous |
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| 1 | | medical report, the Secretary may disclose the unaddressed |
| 2 | | medical condition to the driver or his or her physician, or |
| 3 | | both, solely for the purpose of submission of a medical report |
| 4 | | that addresses the condition.
|
| 5 | | (k) Beginning July 1, 2023, disbursement Disbursement of |
| 6 | | fees collected under this Section shall be as follows: (1) of |
| 7 | | the $20 $12 fee for a driver's record, $11 $3 shall be paid |
| 8 | | into the Secretary of State Special Services Fund, and $6 |
| 9 | | shall be paid into the General Revenue Fund; (2) 50% of the |
| 10 | | amounts collected under subsection (b) shall be paid into the |
| 11 | | General Revenue Fund; and (3) all remaining fees shall be |
| 12 | | disbursed under subsection (g) of Section 2-119 of this Code.
|
| 13 | | (l) (Blank).
|
| 14 | | (m) Notations of accident involvement that may be |
| 15 | | disclosed under this
Section shall not include notations |
| 16 | | relating to damage to a vehicle or other
property being |
| 17 | | transported by a tow truck. This information shall remain
|
| 18 | | confidential, provided that nothing in this subsection (m) |
| 19 | | shall limit
disclosure of any notification of accident |
| 20 | | involvement to any law enforcement
agency or official.
|
| 21 | | (n) Requests made by the news media for driver's license, |
| 22 | | vehicle, or
title registration information may be furnished |
| 23 | | without charge or at a reduced
charge, as determined by the |
| 24 | | Secretary, when the specific purpose for
requesting the |
| 25 | | documents is deemed to be in the public interest. Waiver or
|
| 26 | | reduction of the fee is in the public interest if the principal |
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| 1 | | purpose of the
request is to access and disseminate |
| 2 | | information regarding the health, safety,
and welfare or the |
| 3 | | legal rights of the general public and is not for the
principal |
| 4 | | purpose of gaining a personal or commercial benefit.
The |
| 5 | | information provided pursuant to this subsection shall not |
| 6 | | contain
personally identifying information unless the |
| 7 | | information is to be used for one
of the
purposes identified in |
| 8 | | subsection (f-5) of this Section.
|
| 9 | | (o) The redisclosure of personally identifying information
|
| 10 | | obtained
pursuant
to this Section is prohibited, except to the |
| 11 | | extent necessary to effectuate the
purpose
for which the |
| 12 | | original disclosure of the information was permitted.
|
| 13 | | (p) The Secretary of State is empowered to adopt rules
to
|
| 14 | | effectuate this Section.
|
| 15 | | (Source: P.A. 100-590, eff. 6-8-18; 101-81, eff. 7-12-19; |
| 16 | | 101-326, eff. 8-9-19.)
|
| 17 | | (Text of Section after amendment by P.A. 102-982)
|
| 18 | | Sec. 2-123. Sale and distribution of information.
|
| 19 | | (a) Except as otherwise provided in this Section, the |
| 20 | | Secretary may make the
driver's license, vehicle and title |
| 21 | | registration lists, in part or in whole,
and any statistical |
| 22 | | information derived from these lists available to local
|
| 23 | | governments, elected state officials, state educational |
| 24 | | institutions, and all
other governmental units of the State |
| 25 | | and Federal
Government
requesting them for governmental |
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| 1 | | purposes. The Secretary shall require any such
applicant for |
| 2 | | services to pay for the costs of furnishing such services and |
| 3 | | the
use of the equipment involved, and in addition is |
| 4 | | empowered to establish prices
and charges for the services so |
| 5 | | furnished and for the use of the electronic
equipment |
| 6 | | utilized.
|
| 7 | | (b) The Secretary is further empowered to and he may, in |
| 8 | | his discretion,
furnish to any applicant, other than listed in |
| 9 | | subsection (a) of this Section,
vehicle or driver data on a |
| 10 | | computer tape, disk, other electronic format or
computer |
| 11 | | processable medium, or printout at a fixed fee of $500
$250 for |
| 12 | | orders received before October 1, 2003 and $500 for orders |
| 13 | | received
on or after October 1, 2003, in advance, and require |
| 14 | | in addition a
further sufficient
deposit based upon the |
| 15 | | Secretary of State's estimate of the total cost of the
|
| 16 | | information requested and a charge of $50 $25 for orders |
| 17 | | received before October
1, 2003 and $50 for orders received on |
| 18 | | or after October 1, 2003, per 1,000
units or part
thereof |
| 19 | | identified or the actual cost, whichever is greater. The |
| 20 | | Secretary is
authorized to refund any difference between the |
| 21 | | additional deposit and the
actual cost of the request. This |
| 22 | | service shall not be in lieu of an abstract
of a driver's |
| 23 | | record nor of a title or registration search. This service may
|
| 24 | | be limited to entities purchasing a minimum number of records |
| 25 | | as required by
administrative rule. The information
sold |
| 26 | | pursuant to this subsection shall be the entire vehicle or |
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| 1 | | driver data
list, or part thereof. The information sold |
| 2 | | pursuant to this subsection
shall not contain personally |
| 3 | | identifying information unless the information is
to be used |
| 4 | | for one of the purposes identified in subsection (f-5) of this
|
| 5 | | Section. Commercial purchasers of driver and vehicle record |
| 6 | | databases shall
enter into a written agreement with the |
| 7 | | Secretary of State that includes
disclosure of the commercial |
| 8 | | use of the information to be purchased. |
| 9 | | (b-1) The Secretary is further empowered to and may, in |
| 10 | | his or her discretion, furnish vehicle or driver data on a |
| 11 | | computer tape, disk, or other electronic format or computer |
| 12 | | processible medium, at no fee, to any State or local |
| 13 | | governmental agency that uses the information provided by the |
| 14 | | Secretary to transmit data back to the Secretary that enables |
| 15 | | the Secretary to maintain accurate driving records, including |
| 16 | | dispositions of traffic cases. This information may be |
| 17 | | provided without fee not more often than once every 6 months.
|
| 18 | | (c) Secretary of State may issue registration lists. The |
| 19 | | Secretary
of State may compile a list of all registered
|
| 20 | | vehicles. Each list of registered vehicles shall be arranged |
| 21 | | serially
according to the registration numbers assigned to |
| 22 | | registered vehicles and
may contain in addition the names and |
| 23 | | addresses of registered owners and
a brief description of each |
| 24 | | vehicle including the serial or other
identifying number |
| 25 | | thereof. Such compilation may be in such form as in the
|
| 26 | | discretion of the Secretary of State may seem best for the |
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| 1 | | purposes intended.
|
| 2 | | (d) The Secretary of State shall furnish no more than 2 |
| 3 | | current available
lists of such registrations to the sheriffs |
| 4 | | of all counties and to the chiefs
of police of all cities and |
| 5 | | villages and towns of 2,000 population and over
in this State |
| 6 | | at no cost. Additional copies may be purchased by the sheriffs
|
| 7 | | or chiefs of police at the fee
of $500 each or at the cost of |
| 8 | | producing the list as determined
by the Secretary of State. |
| 9 | | Such lists are to be used for governmental
purposes only.
|
| 10 | | (e) (Blank).
|
| 11 | | (e-1) (Blank).
|
| 12 | | (f) The Secretary of State shall make a title or |
| 13 | | registration search of the
records of his office and a written |
| 14 | | report on the same for any person, upon
written application of |
| 15 | | such person, accompanied by a fee of $5 for
each registration |
| 16 | | or title search. The written application shall set forth
the |
| 17 | | intended use of the requested information. No fee shall be |
| 18 | | charged for a
title or
registration search, or for the |
| 19 | | certification thereof requested by a government
agency. The |
| 20 | | report of the title or registration search shall not contain
|
| 21 | | personally identifying information unless the request for a |
| 22 | | search was made for
one of the purposes identified in |
| 23 | | subsection (f-5) of this Section. The report of the title or |
| 24 | | registration search shall not contain highly
restricted |
| 25 | | personal
information unless specifically authorized by this |
| 26 | | Code.
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| 1 | | The Secretary of State shall certify a title or |
| 2 | | registration record upon
written request. The fee for |
| 3 | | certification shall be $5 in addition
to the fee required for a |
| 4 | | title or registration search. Certification shall
be made |
| 5 | | under the signature of the Secretary of State and shall be
|
| 6 | | authenticated by Seal of the Secretary of State.
|
| 7 | | The Secretary of State may notify the vehicle owner or |
| 8 | | registrant of
the request for purchase of his title or |
| 9 | | registration information as the
Secretary deems appropriate.
|
| 10 | | No information shall be released to the requester until |
| 11 | | expiration of a 10-day
period. This 10-day period shall not |
| 12 | | apply to requests for
information made by law enforcement |
| 13 | | officials, government agencies,
financial institutions, |
| 14 | | attorneys, insurers, employers, automobile
associated |
| 15 | | businesses, persons licensed as a private detective or firms
|
| 16 | | licensed as a private detective agency under the Private |
| 17 | | Detective, Private
Alarm, Private Security, Fingerprint |
| 18 | | Vendor, and Locksmith Act of 2004, who are employed by or are
|
| 19 | | acting on
behalf of law enforcement officials, government |
| 20 | | agencies, financial
institutions, attorneys, insurers, |
| 21 | | employers, automobile associated businesses,
and other |
| 22 | | business entities for purposes consistent with the Illinois |
| 23 | | Vehicle
Code, the vehicle owner or registrant or other |
| 24 | | entities as the Secretary may
exempt by rule and regulation.
|
| 25 | | Any misrepresentation made by a requester of title or |
| 26 | | vehicle information
shall be punishable as a petty offense, |
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| 1 | | except in the case of persons
licensed as a private detective |
| 2 | | or firms licensed as a private detective agency
which shall be |
| 3 | | subject to disciplinary sanctions under Section 40-10 of the
|
| 4 | | Private Detective, Private Alarm, Private Security, |
| 5 | | Fingerprint Vendor, and Locksmith Act of 2004.
|
| 6 | | (f-5) The Secretary of State shall not disclose or |
| 7 | | otherwise make
available to
any person or entity any |
| 8 | | personally identifying information obtained by the
Secretary
|
| 9 | | of State in connection with a driver's license, vehicle, or |
| 10 | | title registration
record
unless the information is disclosed |
| 11 | | for one of the following purposes:
|
| 12 | | (1) For use by any government agency, including any |
| 13 | | court or law
enforcement agency, in carrying out its |
| 14 | | functions, or any private person or
entity acting on |
| 15 | | behalf of a federal, State, or local agency in carrying |
| 16 | | out
its
functions.
|
| 17 | | (2) For use in connection with matters of motor |
| 18 | | vehicle or driver safety
and theft; motor vehicle |
| 19 | | emissions; motor vehicle product alterations, recalls,
or |
| 20 | | advisories; performance monitoring of motor vehicles, |
| 21 | | motor vehicle parts,
and dealers; and removal of non-owner |
| 22 | | records from the original owner
records of motor vehicle |
| 23 | | manufacturers.
|
| 24 | | (3) For use in the normal course of business by a |
| 25 | | legitimate business or
its agents, employees, or |
| 26 | | contractors, but only:
|
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| 1 | | (A) to verify the accuracy of personal information |
| 2 | | submitted by
an individual to the business or its |
| 3 | | agents, employees, or contractors;
and
|
| 4 | | (B) if such information as so submitted is not |
| 5 | | correct or is no
longer correct, to obtain the correct |
| 6 | | information, but only for the
purposes of preventing |
| 7 | | fraud by, pursuing legal remedies against, or
|
| 8 | | recovering on a debt or security interest against, the |
| 9 | | individual.
|
| 10 | | (4) For use in research activities and for use in |
| 11 | | producing statistical
reports, if the personally |
| 12 | | identifying information is not published,
redisclosed, or |
| 13 | | used to
contact individuals.
|
| 14 | | (5) For use in connection with any civil, criminal, |
| 15 | | administrative, or
arbitral proceeding in any federal, |
| 16 | | State, or local court or agency or before
any
|
| 17 | | self-regulatory body, including the service of process, |
| 18 | | investigation in
anticipation of litigation, and the |
| 19 | | execution or enforcement of judgments and
orders, or |
| 20 | | pursuant to an order of a federal, State, or local court.
|
| 21 | | (6) For use by any insurer or insurance support |
| 22 | | organization or by a
self-insured entity or its agents, |
| 23 | | employees, or contractors in connection with
claims |
| 24 | | investigation activities, antifraud activities, rating, or |
| 25 | | underwriting.
|
| 26 | | (7) For use in providing notice to the owners of towed |
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| 1 | | or
impounded vehicles.
|
| 2 | | (8) For use by any person licensed as a private |
| 3 | | detective or firm licensed as a private
detective agency |
| 4 | | under
the Private Detective, Private Alarm, Private |
| 5 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, |
| 6 | | private investigative agency or security service
licensed |
| 7 | | in Illinois for any purpose permitted under this |
| 8 | | subsection.
|
| 9 | | (9) For use by an employer or its agent or insurer to |
| 10 | | obtain or verify
information relating to a holder of a |
| 11 | | commercial driver's license that is
required under chapter |
| 12 | | 313 of title 49 of the United States Code.
|
| 13 | | (10) For use in connection with the operation of |
| 14 | | private toll
transportation facilities.
|
| 15 | | (11) For use by any requester, if the requester |
| 16 | | demonstrates it has
obtained the written consent of the |
| 17 | | individual to whom the information
pertains.
|
| 18 | | (12) For use by members of the news media, as defined |
| 19 | | in
Section 1-148.5, for the purpose of newsgathering when |
| 20 | | the request relates to
the
operation of a motor vehicle or |
| 21 | | public safety.
|
| 22 | | (13) For any other use specifically authorized by law, |
| 23 | | if that use is
related to the operation of a motor vehicle |
| 24 | | or public safety. |
| 25 | | (f-6) The Secretary of State shall not disclose or |
| 26 | | otherwise make
available to any
person or entity any highly |
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| 1 | | restricted personal information obtained by the
Secretary of
|
| 2 | | State in connection with a driver's license, vehicle, or
title |
| 3 | | registration
record unless
specifically authorized by this |
| 4 | | Code.
|
| 5 | | (g) 1. The Secretary of State may, upon receipt of a |
| 6 | | written request
and a fee as set forth in Section 6-118, |
| 7 | | furnish to the person or agency so requesting a
driver's |
| 8 | | record or data contained therein. Such document may include a |
| 9 | | record of: current driver's
license issuance information, |
| 10 | | except that the information on judicial driving
permits shall |
| 11 | | be available only as otherwise provided by this Code;
|
| 12 | | convictions; orders entered revoking, suspending or cancelling |
| 13 | | a
driver's
license or privilege; and notations of crash |
| 14 | | involvement. All other
information, unless otherwise permitted |
| 15 | | by
this Code, shall remain confidential. Information released |
| 16 | | pursuant to a
request for a driver's record shall not contain |
| 17 | | personally identifying
information, unless the request for the |
| 18 | | driver's record was made for one of the
purposes set forth in |
| 19 | | subsection (f-5) of this Section. The Secretary of State may, |
| 20 | | without fee, allow a parent or guardian of a person under the |
| 21 | | age of 18 years, who holds an instruction permit or graduated |
| 22 | | driver's license, to view that person's driving record online, |
| 23 | | through a computer connection.
The parent or guardian's online |
| 24 | | access to the driving record will terminate when the |
| 25 | | instruction permit or graduated driver's license holder |
| 26 | | reaches the age of 18.
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| 1 | | 2. The Secretary of State shall not disclose or otherwise |
| 2 | | make available
to any
person or
entity any highly restricted |
| 3 | | personal information obtained by the Secretary of
State in
|
| 4 | | connection with a driver's license, vehicle, or title
|
| 5 | | registration record
unless specifically
authorized by this |
| 6 | | Code. The Secretary of State may certify an abstract of a |
| 7 | | driver's record
upon written request therefor. Such |
| 8 | | certification
shall be made under the signature of the |
| 9 | | Secretary of State and shall be
authenticated by the Seal of |
| 10 | | his office.
|
| 11 | | 3. All requests for driving record information shall be |
| 12 | | made in a manner
prescribed by the Secretary and shall set |
| 13 | | forth the intended use of the
requested information.
|
| 14 | | The Secretary of State may notify the affected driver of |
| 15 | | the request
for purchase of his driver's record as the |
| 16 | | Secretary deems appropriate.
|
| 17 | | No information shall be released to the requester until |
| 18 | | expiration of a 10-day
period. This 10-day period shall not |
| 19 | | apply to requests for information
made by law enforcement |
| 20 | | officials, government agencies, financial institutions,
|
| 21 | | attorneys, insurers, employers, automobile associated |
| 22 | | businesses, persons
licensed as a private detective or firms |
| 23 | | licensed as a private detective agency
under the Private |
| 24 | | Detective, Private Alarm, Private Security, Fingerprint |
| 25 | | Vendor, and Locksmith Act
of 2004,
who are employed by or are |
| 26 | | acting on behalf of law enforcement officials,
government |
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| 1 | | agencies, financial institutions, attorneys, insurers, |
| 2 | | employers,
automobile associated businesses, and other |
| 3 | | business entities for purposes
consistent with the Illinois |
| 4 | | Vehicle Code, the affected driver or other
entities as the |
| 5 | | Secretary may exempt by rule and regulation.
|
| 6 | | Any misrepresentation made by a requester of driver |
| 7 | | information shall
be punishable as a petty offense, except in |
| 8 | | the case of persons licensed as
a private detective or firms |
| 9 | | licensed as a private detective agency which shall
be subject |
| 10 | | to disciplinary sanctions under Section 40-10 of the Private
|
| 11 | | Detective, Private Alarm, Private Security, Fingerprint |
| 12 | | Vendor, and Locksmith Act of 2004.
|
| 13 | | 4. The Secretary of State may furnish without fee, upon |
| 14 | | the written
request of a law enforcement agency, any |
| 15 | | information from a driver's
record on file with the Secretary |
| 16 | | of State when such information is required
in the enforcement |
| 17 | | of this Code or any other law relating to the operation
of |
| 18 | | motor vehicles, including records of dispositions; documented
|
| 19 | | information involving the use of a motor vehicle; whether such |
| 20 | | individual
has, or previously had, a driver's license; and the |
| 21 | | address and personal
description as reflected on said driver's |
| 22 | | record.
|
| 23 | | 5. Except as otherwise provided in this Section, the |
| 24 | | Secretary of
State may furnish, without fee, information from |
| 25 | | an individual driver's
record on file, if a written request |
| 26 | | therefor is submitted
by any public transit system or |
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| 1 | | authority, public defender, law enforcement
agency, a state or |
| 2 | | federal agency, or an Illinois local intergovernmental
|
| 3 | | association, if the request is for the purpose of a background |
| 4 | | check of
applicants for employment with the requesting agency, |
| 5 | | or for the purpose of
an official investigation conducted by |
| 6 | | the agency, or to determine a
current address for the driver so |
| 7 | | public funds can be recovered or paid to
the driver, or for any |
| 8 | | other purpose set forth in subsection (f-5)
of this Section.
|
| 9 | | The Secretary may also furnish the courts a copy of an |
| 10 | | abstract of a
driver's record, without fee, subsequent to an |
| 11 | | arrest for a violation of
Section 11-501 or a similar |
| 12 | | provision of a local ordinance. Such abstract
may include |
| 13 | | records of dispositions; documented information involving
the |
| 14 | | use of a motor vehicle as contained in the current file; |
| 15 | | whether such
individual has, or previously had, a driver's |
| 16 | | license; and the address and
personal description as reflected |
| 17 | | on said driver's record.
|
| 18 | | 6. Any certified abstract issued by the Secretary of State |
| 19 | | or
transmitted electronically by the Secretary of State |
| 20 | | pursuant to this
Section,
to a court or on request of a law |
| 21 | | enforcement agency, for the record of a
named person as to the |
| 22 | | status of the person's driver's license shall be
prima facie |
| 23 | | evidence of the facts therein stated and if the name appearing
|
| 24 | | in such abstract is the same as that of a person named in an |
| 25 | | information or
warrant, such abstract shall be prima facie |
| 26 | | evidence that the person named
in such information or warrant |
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| 1 | | is the same person as the person named in
such abstract and |
| 2 | | shall be admissible for any prosecution under this Code and
be |
| 3 | | admitted as proof of any prior conviction or proof of records, |
| 4 | | notices, or
orders recorded on individual driving records |
| 5 | | maintained by the Secretary of
State.
|
| 6 | | 7. Subject to any restrictions contained in the Juvenile |
| 7 | | Court Act of
1987, and upon receipt of a proper request and a |
| 8 | | fee as set forth in Section 6-118, the
Secretary of
State shall |
| 9 | | provide a driver's record or data contained therein to the |
| 10 | | affected driver, or the affected
driver's attorney, upon |
| 11 | | verification. Such record shall contain all the
information |
| 12 | | referred to in paragraph 1 of this subsection (g) plus: any
|
| 13 | | recorded crash involvement as a driver; information recorded |
| 14 | | pursuant to
subsection (e) of Section 6-117 and paragraph (4) |
| 15 | | of subsection (a) of
Section 6-204 of this Code. All other |
| 16 | | information, unless otherwise permitted
by this Code, shall |
| 17 | | remain confidential.
|
| 18 | | (h) The Secretary shall not disclose social security |
| 19 | | numbers or any associated information obtained from the Social |
| 20 | | Security Administration except pursuant
to a written request |
| 21 | | by, or with the prior written consent of, the
individual |
| 22 | | except: (1) to officers and employees of the Secretary
who
|
| 23 | | have a need to know the social security numbers in performance |
| 24 | | of their
official duties, (2) to law enforcement officials for |
| 25 | | a civil or
criminal law enforcement investigation, and if an |
| 26 | | officer of the law enforcement
agency has made a written |
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| 1 | | request to the Secretary specifying the law
enforcement |
| 2 | | investigation for which the social security numbers are being
|
| 3 | | sought, though the Secretary retains the right to require |
| 4 | | additional verification regarding the validity of the request, |
| 5 | | (3) to the United States Department of Transportation, or any |
| 6 | | other
State, pursuant to the administration and enforcement of |
| 7 | | the Commercial
Motor Vehicle Safety Act of 1986 or |
| 8 | | participation in State-to-State verification service, (4) |
| 9 | | pursuant to the order of a court
of competent jurisdiction, |
| 10 | | (5) to the Department of Healthcare and Family Services |
| 11 | | (formerly Department of Public Aid) for
utilization
in the |
| 12 | | child support enforcement duties assigned to that Department |
| 13 | | under
provisions of the Illinois Public Aid Code after the |
| 14 | | individual has received advanced
meaningful notification of |
| 15 | | what redisclosure is sought by the Secretary in
accordance |
| 16 | | with the federal Privacy Act, (5.5) to the Department of |
| 17 | | Healthcare and Family Services and the Department of Human |
| 18 | | Services solely for the purpose of verifying Illinois |
| 19 | | residency where such residency is an eligibility requirement |
| 20 | | for benefits under the Illinois Public Aid Code or any other |
| 21 | | health benefit program administered by the Department of |
| 22 | | Healthcare and Family Services or the Department of Human |
| 23 | | Services, (6) to the Illinois Department of Revenue solely for |
| 24 | | use by the Department in the collection of any tax or debt that |
| 25 | | the Department of Revenue is authorized or required by law to |
| 26 | | collect, provided that the Department shall not disclose the |
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| 1 | | social security number to any person or entity outside of the |
| 2 | | Department, (7) to the Illinois Department of Veterans' |
| 3 | | Affairs for the purpose of confirming veteran status, or (8) |
| 4 | | the last 4 digits to the Illinois State Board of Elections for |
| 5 | | purposes of voter registration and as may be required pursuant |
| 6 | | to an agreement for a multi-state voter registration list |
| 7 | | maintenance system. If social security information is |
| 8 | | disclosed by the Secretary in accordance with this Section, no |
| 9 | | liability shall rest with the Office of the Secretary of State |
| 10 | | or any of its officers or employees, as the information is |
| 11 | | released for official purposes only.
|
| 12 | | (i) (Blank).
|
| 13 | | (j) Medical statements or medical reports received in the |
| 14 | | Secretary of
State's Office shall be confidential. Except as |
| 15 | | provided in this Section, no confidential information may be
|
| 16 | | open to public inspection or the contents disclosed to anyone, |
| 17 | | except
officers and employees of the Secretary who have a need |
| 18 | | to know the information
contained in the medical reports and |
| 19 | | the Driver License Medical Advisory
Board, unless so directed |
| 20 | | by an order of a court of competent jurisdiction. If the |
| 21 | | Secretary receives a medical report regarding a driver that |
| 22 | | does not address a medical condition contained in a previous |
| 23 | | medical report, the Secretary may disclose the unaddressed |
| 24 | | medical condition to the driver or his or her physician, or |
| 25 | | both, solely for the purpose of submission of a medical report |
| 26 | | that addresses the condition.
|
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| 1 | | (k) Beginning July 1, 2023, disbursement Disbursement of |
| 2 | | fees collected under this Section shall be as follows: (1) of |
| 3 | | the $20 $12 fee for a driver's record, $11 $3 shall be paid |
| 4 | | into the Secretary of State Special Services Fund, and $6 |
| 5 | | shall be paid into the General Revenue Fund; (2) 50% of the |
| 6 | | amounts collected under subsection (b) shall be paid into the |
| 7 | | General Revenue Fund; and (3) all remaining fees shall be |
| 8 | | disbursed under subsection (g) of Section 2-119 of this Code.
|
| 9 | | (l) (Blank).
|
| 10 | | (m) Notations of crash involvement that may be disclosed |
| 11 | | under this
Section shall not include notations relating to |
| 12 | | damage to a vehicle or other
property being transported by a |
| 13 | | tow truck. This information shall remain
confidential, |
| 14 | | provided that nothing in this subsection (m) shall limit
|
| 15 | | disclosure of any notification of crash involvement to any law |
| 16 | | enforcement
agency or official.
|
| 17 | | (n) Requests made by the news media for driver's license, |
| 18 | | vehicle, or
title registration information may be furnished |
| 19 | | without charge or at a reduced
charge, as determined by the |
| 20 | | Secretary, when the specific purpose for
requesting the |
| 21 | | documents is deemed to be in the public interest. Waiver or
|
| 22 | | reduction of the fee is in the public interest if the principal |
| 23 | | purpose of the
request is to access and disseminate |
| 24 | | information regarding the health, safety,
and welfare or the |
| 25 | | legal rights of the general public and is not for the
principal |
| 26 | | purpose of gaining a personal or commercial benefit.
The |
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| 1 | | information provided pursuant to this subsection shall not |
| 2 | | contain
personally identifying information unless the |
| 3 | | information is to be used for one
of the
purposes identified in |
| 4 | | subsection (f-5) of this Section.
|
| 5 | | (o) The redisclosure of personally identifying information
|
| 6 | | obtained
pursuant
to this Section is prohibited, except to the |
| 7 | | extent necessary to effectuate the
purpose
for which the |
| 8 | | original disclosure of the information was permitted.
|
| 9 | | (p) The Secretary of State is empowered to adopt rules
to
|
| 10 | | effectuate this Section.
|
| 11 | | (Source: P.A. 101-81, eff. 7-12-19; 101-326, eff. 8-9-19; |
| 12 | | 102-982, eff. 7-1-23.)
|
| 13 | | (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
|
| 14 | | Sec. 3-821. Miscellaneous registration and title fees.
|
| 15 | | (a) Except as provided under subsection (h), the fee to be |
| 16 | | paid to the Secretary of State for the following
certificates, |
| 17 | | registrations or evidences of proper registration, or for
|
| 18 | | corrected or duplicate documents shall be in accordance with |
| 19 | | the following
schedule:
|
|
| 20 | | Certificate of Title, except for an all-terrain | | |
| 21 | | vehicle, off-highway motorcycle, or motor home, mini | | |
| 22 | | motor home or van camper | $165 $155 | |
| 23 | | Certificate of Title for a motor home, mini motor | | 24 | | home, or van camper | $250 |
|
| 25 | | Certificate of Title for an all-terrain vehicle |
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| 1 | | co-owner, to transfer title to a spouse if the decedent-spouse |
| 2 | | was the sole owner on the title, or due to a divorce; (ii) to |
| 3 | | change a co-owner's name due to a marriage; or (iii) due to a |
| 4 | | name change under Article XXI of the Code of Civil Procedure.
|
| 5 | | There shall be no fee paid for a Junking Certificate.
|
| 6 | | There shall be no fee paid for a certificate of title |
| 7 | | issued to a county when the vehicle is forfeited to the county |
| 8 | | under Article 36 of the Criminal Code of 2012. |
| 9 | | For purposes of this Section, the fee for a corrected |
| 10 | | title application that also results in the issuance of a |
| 11 | | duplicate title shall be the same as the fee for a duplicate |
| 12 | | title. |
| 13 | | (a-5) The Secretary of State may revoke a certificate of |
| 14 | | title and registration card and issue a corrected certificate |
| 15 | | of title and registration card, at no fee to the vehicle owner |
| 16 | | or lienholder, if there is proof that the vehicle |
| 17 | | identification number is erroneously shown on the original |
| 18 | | certificate of title.
|
| 19 | | (a-10) The Secretary of State may issue, in connection |
| 20 | | with the sale of a motor vehicle, a corrected title to a motor |
| 21 | | vehicle dealer upon application and submittal of a lien |
| 22 | | release letter from the lienholder listed in the files of the |
| 23 | | Secretary. In the case of a title issued by another state, the |
| 24 | | dealer must submit proof from the state that issued the last |
| 25 | | title. The corrected title, which shall be known as a dealer |
| 26 | | lien release certificate of title, shall be issued in the name |
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| 1 | | of the vehicle owner without the named lienholder. If the |
| 2 | | motor vehicle is currently titled in a state other than |
| 3 | | Illinois, the applicant must submit either (i) a letter from |
| 4 | | the current lienholder releasing the lien and stating that the |
| 5 | | lienholder has possession of the title; or (ii) a letter from |
| 6 | | the current lienholder releasing the lien and a copy of the |
| 7 | | records of the department of motor vehicles for the state in |
| 8 | | which the vehicle is titled, showing that the vehicle is |
| 9 | | titled in the name of the applicant and that no liens are |
| 10 | | recorded other than the lien for which a release has been |
| 11 | | submitted. The fee for the dealer lien release certificate of |
| 12 | | title is $20. |
| 13 | | (b) The Secretary may prescribe the maximum service charge |
| 14 | | to be
imposed upon an applicant for renewal of a registration |
| 15 | | by any person
authorized by law to receive and remit or |
| 16 | | transmit to the Secretary such
renewal application and fees |
| 17 | | therewith.
|
| 18 | | (c) If payment is delivered to the Office of the Secretary |
| 19 | | of State
as payment of any fee or tax under this Code, and such |
| 20 | | payment is not
honored for any reason, the registrant
or other |
| 21 | | person tendering the payment remains liable for the payment of
|
| 22 | | such fee or tax. The Secretary of State may assess a service |
| 23 | | charge of $25
in addition to the fee or tax due and owing for |
| 24 | | all dishonored payments.
|
| 25 | | If the total amount then due and owing exceeds the sum of |
| 26 | | $100 and
has not been paid in full within 60 days from the date |
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| 1 | | the dishonored payment was first delivered to the Secretary of |
| 2 | | State, the Secretary of State shall
assess a penalty of 25% of |
| 3 | | such amount remaining unpaid.
|
| 4 | | All amounts payable under this Section shall be computed |
| 5 | | to the
nearest dollar. Out of each fee collected for |
| 6 | | dishonored payments, $5 shall be deposited in the Secretary of |
| 7 | | State Special Services Fund.
|
| 8 | | (d) The minimum fee and tax to be paid by any applicant for
|
| 9 | | apportionment of a fleet of vehicles under this Code shall be |
| 10 | | $15
if the application was filed on or before the date |
| 11 | | specified by the
Secretary together with fees and taxes due. |
| 12 | | If an application and the
fees or taxes due are filed after the |
| 13 | | date specified by the Secretary,
the Secretary may prescribe |
| 14 | | the payment of interest at the rate of 1/2
of 1% per month or |
| 15 | | fraction thereof after such due date and a minimum of
$8.
|
| 16 | | (e) Trucks, truck tractors, truck tractors with loads, and |
| 17 | | motor buses,
any one of which having a combined total weight in |
| 18 | | excess of 12,000 lbs.
shall file an application for a Fleet |
| 19 | | Reciprocity Permit issued by the
Secretary of State. This |
| 20 | | permit shall be in the possession of any driver
operating a |
| 21 | | vehicle on Illinois highways. Any foreign licensed vehicle of |
| 22 | | the
second division operating at any time in Illinois without |
| 23 | | a Fleet Reciprocity
Permit or other proper Illinois |
| 24 | | registration, shall subject the operator to the
penalties |
| 25 | | provided in Section 3-834 of this Code. For the purposes of |
| 26 | | this
Code, "Fleet Reciprocity Permit" means any second |
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| 1 | | division motor vehicle with a
foreign license and used only in |
| 2 | | interstate transportation of goods. The fee
for such permit |
| 3 | | shall be $15 per fleet which shall include all
vehicles of the |
| 4 | | fleet being registered.
|
| 5 | | (f) For purposes of this Section, "all-terrain vehicle or |
| 6 | | off-highway
motorcycle used for production agriculture" means |
| 7 | | any all-terrain vehicle or
off-highway motorcycle used in the |
| 8 | | raising
of or the propagation of livestock, crops for sale for |
| 9 | | human consumption,
crops for livestock consumption, and |
| 10 | | production seed stock grown for the
propagation of feed grains |
| 11 | | and the husbandry of animals or for the purpose
of providing a |
| 12 | | food product, including the husbandry of blood stock as a
main |
| 13 | | source of providing a food product.
"All-terrain vehicle or |
| 14 | | off-highway motorcycle used in production agriculture"
also |
| 15 | | means any all-terrain vehicle or off-highway motorcycle used |
| 16 | | in animal
husbandry, floriculture, aquaculture, horticulture, |
| 17 | | and viticulture.
|
| 18 | | (g) All of the proceeds of the additional fees imposed by |
| 19 | | Public Act 96-34 shall be deposited into the Capital Projects |
| 20 | | Fund. |
| 21 | | (h) The fee for a duplicate registration sticker or |
| 22 | | stickers shall be the amount required under subsection (a) or |
| 23 | | the vehicle's annual registration fee amount, whichever is |
| 24 | | less. |
| 25 | | (i) All of the proceeds of (1) the additional fees imposed |
| 26 | | by Public Act 101-32, and (2) the $5 additional fee imposed by |
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| 1 | | this amendatory Act of the 102nd General Assembly for a |
| 2 | | certificate of title for a motor vehicle other than an |
| 3 | | all-terrain vehicle, off-highway motorcycle, or motor home, |
| 4 | | mini motor home, or van camper shall be deposited into the Road |
| 5 | | Fund. |
| 6 | | (j) Beginning July 1, 2023, the $10 additional fee imposed |
| 7 | | by this amendatory Act of the 103rd General Assembly for a |
| 8 | | Certificate of Title shall be deposited into the Secretary of |
| 9 | | State Special Services Fund. |
| 10 | | (Source: P.A. 101-32, eff. 6-28-19; 101-604, eff. 12-13-19; |
| 11 | | 101-636, eff. 6-10-20; 102-353, eff. 1-1-22.)
|
| 12 | | (625 ILCS 5/6-118)
|
| 13 | | Sec. 6-118. Fees. |
| 14 | | (a) The fees for licenses and permits under this
Article |
| 15 | | are as follows: |
| 16 | | Original driver's license.............................$30 |
| 17 | | Original or renewal driver's license |
| 18 | | issued to 18, 19 and 20 year olds.................. 5 |
| 19 | | All driver's licenses for persons |
| 20 | | age 69 through age 80.............................. 5 |
| 21 | | All driver's licenses for persons |
| 22 | | age 81 through age 86.............................. 2 |
| 23 | | All driver's licenses for persons |
| 24 | | age 87 or older.....................................0 |
| 25 | | Renewal driver's license (except for |
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| 1 | | applicants ages 18, 19 and 20 or |
| 2 | | age 69 and older)..................................30 |
| 3 | | Original instruction permit issued to |
| 4 | | persons (except those age 69 and older) |
| 5 | | who do not hold or have not previously |
| 6 | | held an Illinois instruction permit or |
| 7 | | driver's license.................................. 20 |
| 8 | | Instruction permit issued to any person |
| 9 | | holding an Illinois driver's license |
| 10 | | who wishes a change in classifications, |
| 11 | | other than at the time of renewal.................. 5 |
| 12 | | Any instruction permit issued to a person |
| 13 | | age 69 and older................................... 5 |
| 14 | | Instruction permit issued to any person, |
| 15 | | under age 69, not currently holding a |
| 16 | | valid Illinois driver's license or |
| 17 | | instruction permit but who has |
| 18 | | previously been issued either document |
| 19 | | in Illinois....................................... 10 |
| 20 | | Restricted driving permit.............................. 8 |
| 21 | | Monitoring device driving permit...................... 8 |
| 22 | | Duplicate or corrected driver's license |
| 23 | | or permit.......................................... 5 |
| 24 | | Duplicate or corrected restricted |
| 25 | | driving permit..................................... 5 |
| 26 | | Duplicate or corrected monitoring |
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| 1 | | device driving permit.................................. 5 |
| 2 | | Duplicate driver's license or permit issued to |
| 3 | | an active-duty member of the |
| 4 | | United States Armed Forces, |
| 5 | | the member's spouse, or |
| 6 | | the dependent children living |
| 7 | | with the member................................... 0 |
| 8 | | Original or renewal M or L endorsement................. 5 |
| 9 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
| 10 | | The fees for commercial driver licenses and permits |
| 11 | | under Article V
shall be as follows: |
| 12 | | Commercial driver's license: |
| 13 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund |
| 14 | | (Commercial Driver's License Information |
| 15 | | System/American Association of Motor Vehicle |
| 16 | | Administrators network/National Motor Vehicle |
| 17 | | Title Information Service Trust Fund); |
| 18 | | $20 for the Motor Carrier Safety Inspection Fund; |
| 19 | | $10 for the driver's license; |
| 20 | | and $24 for the CDL:............................. $60 |
| 21 | | Renewal commercial driver's license: |
| 22 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; |
| 23 | | $20 for the Motor Carrier Safety Inspection Fund; |
| 24 | | $10 for the driver's license; and |
| 25 | | $24 for the CDL:................................. $60 |
| 26 | | Commercial learner's permit |
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| 1 | | issued to any person holding a valid |
| 2 | | Illinois driver's license for the |
| 3 | | purpose of changing to a |
| 4 | | CDL classification: $6 for the |
| 5 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; |
| 6 | | $20 for the Motor Carrier |
| 7 | | Safety Inspection Fund; and |
| 8 | | $24 for the CDL classification................... $50 |
| 9 | | Commercial learner's permit |
| 10 | | issued to any person holding a valid |
| 11 | | Illinois CDL for the purpose of |
| 12 | | making a change in a classification, |
| 13 | | endorsement or restriction........................ $5 |
| 14 | | CDL duplicate or corrected license.................... $5 |
| 15 | | In order to ensure the proper implementation of the |
| 16 | | Uniform Commercial
Driver License Act, Article V of this |
| 17 | | Chapter, the Secretary of State is
empowered to prorate the |
| 18 | | $24 fee for the commercial driver's license
proportionate to |
| 19 | | the expiration date of the applicant's Illinois driver's
|
| 20 | | license. |
| 21 | | The fee for any duplicate license or permit shall be |
| 22 | | waived for any
person who presents the Secretary of State's |
| 23 | | office with a
police report showing that his license or permit |
| 24 | | was stolen. |
| 25 | | The fee for any duplicate license or permit shall be |
| 26 | | waived for any
person age 60 or older whose driver's license or |
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| 1 | | permit has been lost or stolen. |
| 2 | | No additional fee shall be charged for a driver's license, |
| 3 | | or for a
commercial driver's license, when issued
to the |
| 4 | | holder of an instruction permit for the same classification or
|
| 5 | | type of license who becomes eligible for such
license. |
| 6 | | The fee for a restricted driving permit under this |
| 7 | | subsection (a) shall be imposed annually until the expiration |
| 8 | | of the permit. |
| 9 | | (a-5) The fee for a driver's record or data contained |
| 10 | | therein is $20 and shall be disbursed as set forth in |
| 11 | | subsection (k) of Section 2-123 of this Code $12. |
| 12 | | (b) Any person whose license or privilege to operate a |
| 13 | | motor vehicle
in this State has been suspended or revoked |
| 14 | | under Section 3-707, any
provision of
Chapter 6, Chapter 11, |
| 15 | | or Section 7-205, 7-303, or 7-702 of the Family
Financial
|
| 16 | | Responsibility Law of this Code, shall in addition to any |
| 17 | | other
fees required by this Code, pay a reinstatement fee as |
| 18 | | follows: |
| 19 | | Suspension under Section 3-707.....................
$100
|
| 20 | | Suspension under Section 11-1431....................$100 |
| 21 | | Summary suspension under Section 11-501.1...........$250
|
| 22 | | Suspension under Section 11-501.9...................$250 |
| 23 | | Summary revocation under Section 11-501.1............$500 |
| 24 | | Other suspension......................................$70 |
| 25 | | Revocation...........................................$500 |
| 26 | | However, any person whose license or privilege to operate |
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| 1 | | a motor vehicle
in this State has been suspended or revoked for |
| 2 | | a second or subsequent time
for a violation of Section 11-501, |
| 3 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a |
| 4 | | local ordinance
or a similar out-of-state offense
or Section |
| 5 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
|
| 6 | | and each suspension or revocation was for a violation of |
| 7 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a |
| 8 | | similar provision of a local ordinance
or a similar |
| 9 | | out-of-state offense
or Section
9-3 of the Criminal Code of |
| 10 | | 1961 or the Criminal Code of 2012
shall pay, in addition to any |
| 11 | | other
fees required by this Code, a
reinstatement
fee as |
| 12 | | follows: |
| 13 | | Summary suspension under Section 11-501.1............$500 |
| 14 | | Suspension under Section 11-501.9...................$500 |
| 15 | | Summary revocation under Section 11-501.1............$500 |
| 16 | | Revocation...........................................$500 |
| 17 | | (c) All fees collected under the provisions of this |
| 18 | | Chapter 6 shall be disbursed under subsection (g) of Section |
| 19 | | 2-119 of this Code,
except as follows: |
| 20 | | 1. The following amounts shall be paid into the |
| 21 | | Drivers Education Fund: |
| 22 | | (A) $16 of the $20
fee for an original driver's |
| 23 | | instruction permit; |
| 24 | | (B) $5 of the $30 fee for an original driver's |
| 25 | | license; |
| 26 | | (C) $5 of the $30 fee for a 4 year renewal driver's |
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| 1 | | license;
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| 2 | | (D) $4 of the $8 fee for a restricted driving |
| 3 | | permit; and |
| 4 | | (E) $4 of the $8 fee for a monitoring device |
| 5 | | driving permit. |
| 6 | | 2. $30 of the $250 fee for reinstatement of a
license
|
| 7 | | summarily suspended under Section 11-501.1 or suspended |
| 8 | | under Section 11-501.9 shall be deposited into the
Drunk |
| 9 | | and Drugged Driving Prevention Fund.
However, for a person |
| 10 | | whose license or privilege to operate a motor vehicle
in |
| 11 | | this State has been suspended or revoked for a second or |
| 12 | | subsequent time for
a violation of Section 11-501, |
| 13 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
|
| 14 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
| 15 | | the $500 fee for reinstatement of a license summarily
|
| 16 | | suspended under
Section 11-501.1 or suspended under |
| 17 | | Section 11-501.9,
and $190 of the $500 fee for |
| 18 | | reinstatement of a revoked license
shall be deposited into |
| 19 | | the Drunk and Drugged Driving Prevention Fund. $190 of the |
| 20 | | $500 fee for reinstatement of a license summarily revoked |
| 21 | | pursuant to Section 11-501.1 shall be deposited into the |
| 22 | | Drunk and Drugged Driving Prevention Fund. |
| 23 | | 3. $6 of the original or renewal fee for a commercial |
| 24 | | driver's
license and $6 of the commercial learner's permit |
| 25 | | fee when the
permit is issued to any person holding a valid |
| 26 | | Illinois driver's license,
shall be paid into the |
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| 1 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. |
| 2 | | 4. $30 of the $70 fee for reinstatement of a license |
| 3 | | suspended
under the
Family
Financial Responsibility Law |
| 4 | | shall be paid into the Family Responsibility
Fund. |
| 5 | | 5. The $5 fee for each original or renewal M or L |
| 6 | | endorsement shall be
deposited into the Cycle Rider Safety |
| 7 | | Training Fund. |
| 8 | | 6. $20 of any original or renewal fee for a commercial |
| 9 | | driver's
license or commercial learner's permit shall be |
| 10 | | paid into the Motor
Carrier Safety Inspection Fund. |
| 11 | | 7. The following amounts shall be paid into the |
| 12 | | General Revenue Fund: |
| 13 | | (A) $190 of the $250 reinstatement fee for a |
| 14 | | summary suspension under
Section 11-501.1 or a |
| 15 | | suspension under Section 11-501.9; |
| 16 | | (B) $40 of the $70 reinstatement fee for any other |
| 17 | | suspension provided
in subsection (b) of this Section; |
| 18 | | and |
| 19 | | (C) $440 of the $500 reinstatement fee for a first |
| 20 | | offense revocation
and $310 of the $500 reinstatement |
| 21 | | fee for a second or subsequent revocation. |
| 22 | | 8. Fees collected under paragraph (4) of subsection |
| 23 | | (d) and subsection (h) of Section 6-205 of this Code; |
| 24 | | subparagraph (C) of paragraph 3 of subsection (c) of |
| 25 | | Section 6-206 of this Code; and paragraph (4) of |
| 26 | | subsection (a) of Section 6-206.1 of this Code, shall be |
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| 1 | | paid into the funds set forth in those Sections. |
| 2 | | (d) All of the proceeds of the additional fees imposed by |
| 3 | | this amendatory Act of the 96th General Assembly shall be |
| 4 | | deposited into the Capital Projects Fund. |
| 5 | | (e) The additional fees imposed by this amendatory Act of |
| 6 | | the 96th General Assembly shall become effective 90 days after |
| 7 | | becoming law. The additional fees imposed by this amendatory |
| 8 | | Act of the 103rd General Assembly shall become effective July |
| 9 | | 1, 2023 and shall be paid into the Secretary of State Special |
| 10 | | Services Fund. |
| 11 | | (f) As used in this Section, "active-duty member of the |
| 12 | | United States Armed Forces" means a member of the Armed |
| 13 | | Services or Reserve Forces of the United States or a member of |
| 14 | | the Illinois National Guard who is called to active duty |
| 15 | | pursuant to an executive order of the President of the United |
| 16 | | States, an act of the Congress of the United States, or an |
| 17 | | order of the Governor. |
| 18 | | (Source: P.A. 100-590, eff. 6-8-18; 100-803, eff. 1-1-19; |
| 19 | | 101-81, eff. 7-12-19.)
|
| 20 | | ARTICLE 99.
|
| 21 | | Section 99-5. The State Employees Group Insurance Act of |
| 22 | | 1971 is amended by changing Section 6.11 and adding Sections |
| 23 | | 6.11B and 6.11C as follows:
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| 1 | | (5 ILCS 375/6.11)
|
| 2 | | (Text of Section before amendment by P.A. 102-768) |
| 3 | | Sec. 6.11. Required health benefits; Illinois Insurance |
| 4 | | Code
requirements. The program of health
benefits shall |
| 5 | | provide the post-mastectomy care benefits required to be |
| 6 | | covered
by a policy of accident and health insurance under |
| 7 | | Section 356t of the Illinois
Insurance Code. The program of |
| 8 | | health benefits shall provide the coverage
required under |
| 9 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, |
| 10 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, |
| 11 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, |
| 12 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
| 13 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, |
| 14 | | 356z.53, 356z.54, 356z.56, 356z.57, 356z.59, and 356z.60 of |
| 15 | | the
Illinois Insurance Code.
The program of health benefits |
| 16 | | must comply with Sections 155.22a, 155.37, 355b, 356z.19, |
| 17 | | 370c, and 370c.1 and Article XXXIIB of the
Illinois Insurance |
| 18 | | Code. The program of health benefits shall provide the |
| 19 | | coverage required under Section 356m of the Illinois Insurance |
| 20 | | Code and, for the employees of the State Employee Group |
| 21 | | Insurance Program only, the coverage as also provided in |
| 22 | | Section 6.11B of this Act. The Department of Insurance shall |
| 23 | | enforce the requirements of this Section with respect to |
| 24 | | Sections 370c and 370c.1 of the Illinois Insurance Code; all |
| 25 | | other requirements of this Section shall be enforced by the |
| 26 | | Department of Central Management Services.
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| 1 | | Rulemaking authority to implement Public Act 95-1045, if |
| 2 | | any, is conditioned on the rules being adopted in accordance |
| 3 | | with all provisions of the Illinois Administrative Procedure |
| 4 | | Act and all rules and procedures of the Joint Committee on |
| 5 | | Administrative Rules; any purported rule not so adopted, for |
| 6 | | whatever reason, is unauthorized. |
| 7 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; |
| 8 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
| 9 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, |
| 10 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
| 11 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
| 12 | | 1-1-23; 102-804, eff. 1-1-23; 102-813, eff. 5-13-22; 102-816, |
| 13 | | eff. 1-1-23; 102-860, eff. 1-1-23; 102-1093, eff. 1-1-23; |
| 14 | | revised 12-13-22.)
|
| 15 | | (Text of Section after amendment by P.A. 102-768) |
| 16 | | Sec. 6.11. Required health benefits; Illinois Insurance |
| 17 | | Code
requirements. The program of health
benefits shall |
| 18 | | provide the post-mastectomy care benefits required to be |
| 19 | | covered
by a policy of accident and health insurance under |
| 20 | | Section 356t of the Illinois
Insurance Code. The program of |
| 21 | | health benefits shall provide the coverage
required under |
| 22 | | Sections 356g, 356g.5, 356g.5-1, 356m, 356q,
356u, 356w, 356x, |
| 23 | | 356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10, |
| 24 | | 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22, |
| 25 | | 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33, |
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| 1 | | 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, 356z.51, |
| 2 | | 356z.53, 356z.54, 356z.55, 356z.56, 356z.57, 356z.59, and |
| 3 | | 356z.60 of the
Illinois Insurance Code.
The program of health |
| 4 | | benefits must comply with Sections 155.22a, 155.37, 355b, |
| 5 | | 356z.19, 370c, and 370c.1 and Article XXXIIB of the
Illinois |
| 6 | | Insurance Code. The program of health benefits shall provide |
| 7 | | the coverage required under Section 356m of the Illinois |
| 8 | | Insurance Code and, for the employees of the State Employee |
| 9 | | Group Insurance Program only, the coverage as also provided in |
| 10 | | Section 6.11B of this Act. The Department of Insurance shall |
| 11 | | enforce the requirements of this Section with respect to |
| 12 | | Sections 370c and 370c.1 of the Illinois Insurance Code; all |
| 13 | | other requirements of this Section shall be enforced by the |
| 14 | | Department of Central Management Services.
|
| 15 | | Rulemaking authority to implement Public Act 95-1045, if |
| 16 | | any, is conditioned on the rules being adopted in accordance |
| 17 | | with all provisions of the Illinois Administrative Procedure |
| 18 | | Act and all rules and procedures of the Joint Committee on |
| 19 | | Administrative Rules; any purported rule not so adopted, for |
| 20 | | whatever reason, is unauthorized. |
| 21 | | (Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20; |
| 22 | | 101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff. |
| 23 | | 1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103, |
| 24 | | eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; |
| 25 | | 102-642, eff. 1-1-22; 102-665, eff. 10-8-21; 102-731, eff. |
| 26 | | 1-1-23; 102-768, eff. 1-1-24; 102-804, eff. 1-1-23; 102-813, |
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| 1 | | eff. 5-13-22; 102-816, eff. 1-1-23; 102-860, eff. 1-1-23; |
| 2 | | 102-1093, eff. 1-1-23; 102-1117, eff. 1-13-23.)
|
| 3 | | (5 ILCS 375/6.11B new) |
| 4 | | Sec. 6.11B. Infertility coverage. |
| 5 | | (a) Beginning on January 1, 2024, the State Employees |
| 6 | | Group Insurance Program shall provide coverage for the |
| 7 | | diagnosis and treatment of infertility, including, but not |
| 8 | | limited to, in vitro fertilization, uterine embryo lavage, |
| 9 | | embryo transfer, artificial insemination, gamete |
| 10 | | intrafallopian tube transfer, zygote intrafallopian tube |
| 11 | | transfer, and low tubal ovum transfer. The coverage required |
| 12 | | shall include procedures necessary to screen or diagnose a |
| 13 | | fertilized egg before implantation, including, but not limited |
| 14 | | to, preimplantation genetic diagnosis, preimplantation genetic |
| 15 | | screening, and prenatal genetic diagnosis. |
| 16 | | (b) Beginning on January 1, 2024, coverage under this |
| 17 | | Section for procedures for in vitro fertilization, gamete |
| 18 | | intrafallopian tube transfer, or zygote intrafallopian tube |
| 19 | | transfer shall be required only if the procedures: |
| 20 | | (1) are considered medically appropriate based on |
| 21 | | clinical guidelines or standards developed by the American |
| 22 | | Society for Reproductive Medicine, the American College of |
| 23 | | Obstetricians and Gynecologists, or the Society for |
| 24 | | Assisted Reproductive Technology; and |
| 25 | | (2) are performed at medical facilities or clinics |
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| 1 | | that conform to the American College of Obstetricians and |
| 2 | | Gynecologists guidelines for in vitro fertilization or the |
| 3 | | American Society for Reproductive Medicine minimum |
| 4 | | standards for practices offering assisted reproductive |
| 5 | | technologies. |
| 6 | | (c) As used in this Section, "infertility" means a |
| 7 | | disease, condition, or status characterized by: |
| 8 | | (1) a failure to establish a pregnancy or to carry a |
| 9 | | pregnancy to live birth after 12 months of regular, |
| 10 | | unprotected sexual intercourse if the woman is 35 years of |
| 11 | | age or younger, or after 6 months of regular, unprotected |
| 12 | | sexual intercourse if the woman is over 35 years of age; |
| 13 | | conceiving but having a miscarriage does not restart the |
| 14 | | 12-month or 6-month term for determining infertility; |
| 15 | | (2) a person's inability to reproduce either as a |
| 16 | | single individual or with a partner without medical |
| 17 | | intervention; or |
| 18 | | (3) a licensed physician's findings based on a |
| 19 | | patient's medical, sexual, and reproductive history, age, |
| 20 | | physical findings, or diagnostic testing. |
| 21 | | (d) The State Employees Group Insurance Program may not |
| 22 | | impose any exclusions, limitations, or other restrictions on |
| 23 | | coverage of fertility medications that are different from |
| 24 | | those imposed on any other prescription medications, nor may |
| 25 | | it impose any exclusions, limitations, or other restrictions |
| 26 | | on coverage of any fertility services based on a covered |
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| 1 | | individual's participation in fertility services provided by |
| 2 | | or to a third party, nor may it impose deductibles, |
| 3 | | copayments, coinsurance, benefit maximums, waiting periods, or |
| 4 | | any other limitations on coverage for the diagnosis of |
| 5 | | infertility, treatment for infertility, and standard fertility |
| 6 | | preservation services, except as provided in this Section, |
| 7 | | that are different from those imposed upon benefits for |
| 8 | | services not related to infertility.
|
| 9 | | (5 ILCS 375/6.11C new) |
| 10 | | Sec. 6.11C. Coverage for injectable medicines to improve |
| 11 | | glucose or weight loss. Beginning on January 1, 2024, the |
| 12 | | State Employees Group Insurance Program shall provide coverage |
| 13 | | for all types of injectable medicines prescribed on-label or |
| 14 | | off-label to improve glucose or weight loss for use by adults |
| 15 | | diagnosed or previously diagnosed with prediabetes, |
| 16 | | gestational diabetes, or obesity. To continue to qualify for |
| 17 | | coverage under this Section, covered members must participate |
| 18 | | in a lifestyle management plan administered by their health |
| 19 | | plan. This Section does not apply to individuals covered by a |
| 20 | | Medicare Advantage Prescription Drug Plan.
|
| 21 | | ARTICLE 100.
|
| 22 | | Section 100-5. The Counties Code is amended by changing |
| 23 | | Section 3-4014 as follows:
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| 1 | | (55 ILCS 5/3-4014) |
| 2 | | Sec. 3-4014. Public Defender Fund defender grant program. |
| 3 | | (a) (Blank). Subject to appropriation, the Administrative |
| 4 | | Office of the Illinois Courts shall establish a grant
program |
| 5 | | for counties with a population of 3,000,000 or less for the |
| 6 | | purpose of training and hiring attorneys on contract to assist |
| 7 | | the
county public defender in pretrial detention hearings. The |
| 8 | | Administrative Office of the Illinois
Courts may establish, by |
| 9 | | rule, administrative procedures for the grant program, |
| 10 | | including application procedures and requirements concerning |
| 11 | | grant agreements, certifications, payment methodologies, and |
| 12 | | other
accountability measures that may be imposed upon |
| 13 | | participants in the program. Emergency rules may be adopted to |
| 14 | | implement the program in accordance with Section 5-45 of the |
| 15 | | Illinois Administrative Procedure Act. |
| 16 | | (b) The Public Defender Fund is created as a special fund |
| 17 | | in the State treasury. All money in the Public Defender Fund |
| 18 | | shall be used, subject to appropriation, by the Illinois |
| 19 | | Supreme Court to provide funding to counties with a population |
| 20 | | of 3,000,000 or less for public defenders and public defender |
| 21 | | services pursuant to this Section 3-4014.
|
| 22 | | (Source: P.A. 102-1104, eff. 12-6-22.)
|
| 23 | | ARTICLE 105.
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| 1 | | Section 105-5. The School Code is amended by changing |
| 2 | | Section 2-3.192 as follows:
|
| 3 | | (105 ILCS 5/2-3.192) |
| 4 | | (Section scheduled to be repealed on July 1, 2023) |
| 5 | | Sec. 2-3.192. Significant loss grant program. Subject to |
| 6 | | specific State appropriation, the State Board shall make |
| 7 | | Significant Loss Grants available to school districts that |
| 8 | | meet all of the following requirements: |
| 9 | | (1) The district has been affected by a recent |
| 10 | | substantial loss of contributions from a single taxpayer |
| 11 | | that resulted in either a significant loss of the overall |
| 12 | | district Equalized Assessed Value or a significant loss in |
| 13 | | property tax revenue from January 1, 2018 through the |
| 14 | | effective date of this amendatory Act of the 103rd 102nd |
| 15 | | General Assembly. |
| 16 | | (2) The district's total equalized assessed value is |
| 17 | | significantly derived from a single taxpayer. |
| 18 | | (3) The district's administrative office is located in |
| 19 | | a county with less than 30,000 inhabitants. |
| 20 | | (4) The district has a total student enrollment of |
| 21 | | less than 500 students as published on the most recent |
| 22 | | Illinois School Report Card. |
| 23 | | (5) The district has a low income concentration of at |
| 24 | | least 45% as published on the most recent Illinois School |
| 25 | | Report Card. |
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| 1 | | The Professional Review Panel shall make recommendations |
| 2 | | to the State Board regarding grant eligibility and |
| 3 | | allocations. The State Board shall determine grant eligibility |
| 4 | | and allocations.
This Section is repealed on July 1, 2024 |
| 5 | | 2023.
|
| 6 | | (Source: P.A. 102-699, eff. 4-19-22.)
|
| 7 | | ARTICLE 110.
|
| 8 | | Section 110-5. The Illinois Gambling Act is amended by |
| 9 | | changing Section 13 as follows:
|
| 10 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
| 11 | | Sec. 13. Wagering tax; rate; distribution.
|
| 12 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
| 13 | | gross
receipts received from gambling games authorized under |
| 14 | | this Act at the rate of
20%.
|
| 15 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
| 16 | | tax is
imposed on persons engaged in the business of |
| 17 | | conducting riverboat gambling
operations, based on the |
| 18 | | adjusted gross receipts received by a licensed owner
from |
| 19 | | gambling games authorized under this Act at the following |
| 20 | | rates:
|
| 21 | | 15% of annual adjusted gross receipts up to and |
| 22 | | including $25,000,000;
|
| 23 | | 20% of annual adjusted gross receipts in excess of |
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| 1 | | $25,000,000 but not
exceeding $50,000,000;
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| 2 | | 25% of annual adjusted gross receipts in excess of |
| 3 | | $50,000,000 but not
exceeding $75,000,000;
|
| 4 | | 30% of annual adjusted gross receipts in excess of |
| 5 | | $75,000,000 but not
exceeding $100,000,000;
|
| 6 | | 35% of annual adjusted gross receipts in excess of |
| 7 | | $100,000,000.
|
| 8 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
| 9 | | is imposed on
persons engaged in the business of conducting |
| 10 | | riverboat gambling operations,
other than licensed managers |
| 11 | | conducting riverboat gambling operations on behalf
of the |
| 12 | | State, based on the adjusted gross receipts received by a |
| 13 | | licensed
owner from gambling games authorized under this Act |
| 14 | | at the following rates:
|
| 15 | | 15% of annual adjusted gross receipts up to and |
| 16 | | including $25,000,000;
|
| 17 | | 22.5% of annual adjusted gross receipts in excess of |
| 18 | | $25,000,000 but not
exceeding $50,000,000;
|
| 19 | | 27.5% of annual adjusted gross receipts in excess of |
| 20 | | $50,000,000 but not
exceeding $75,000,000;
|
| 21 | | 32.5% of annual adjusted gross receipts in excess of |
| 22 | | $75,000,000 but not
exceeding $100,000,000;
|
| 23 | | 37.5% of annual adjusted gross receipts in excess of |
| 24 | | $100,000,000 but not
exceeding $150,000,000;
|
| 25 | | 45% of annual adjusted gross receipts in excess of |
| 26 | | $150,000,000 but not
exceeding $200,000,000;
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| 1 | | 50% of annual adjusted gross receipts in excess of |
| 2 | | $200,000,000.
|
| 3 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed |
| 4 | | on persons engaged
in the business of conducting riverboat |
| 5 | | gambling operations, other than
licensed managers conducting |
| 6 | | riverboat gambling operations on behalf of the
State, based on |
| 7 | | the adjusted gross receipts received by a licensed owner from
|
| 8 | | gambling games authorized under this Act at the following |
| 9 | | rates:
|
| 10 | | 15% of annual adjusted gross receipts up to and |
| 11 | | including $25,000,000;
|
| 12 | | 27.5% of annual adjusted gross receipts in excess of |
| 13 | | $25,000,000 but not
exceeding $37,500,000;
|
| 14 | | 32.5% of annual adjusted gross receipts in excess of |
| 15 | | $37,500,000 but not
exceeding $50,000,000;
|
| 16 | | 37.5% of annual adjusted gross receipts in excess of |
| 17 | | $50,000,000 but not
exceeding $75,000,000;
|
| 18 | | 45% of annual adjusted gross receipts in excess of |
| 19 | | $75,000,000 but not
exceeding $100,000,000;
|
| 20 | | 50% of annual adjusted gross receipts in excess of |
| 21 | | $100,000,000 but not
exceeding $250,000,000;
|
| 22 | | 70% of annual adjusted gross receipts in excess of |
| 23 | | $250,000,000.
|
| 24 | | An amount equal to the amount of wagering taxes collected |
| 25 | | under this
subsection (a-3) that are in addition to the amount |
| 26 | | of wagering taxes that
would have been collected if the |
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| 1 | | wagering tax rates under subsection (a-2)
were in effect shall |
| 2 | | be paid into the Common School Fund.
|
| 3 | | The privilege tax imposed under this subsection (a-3) |
| 4 | | shall no longer be
imposed beginning on the earlier of (i) July |
| 5 | | 1, 2005; (ii) the first date
after June 20, 2003 that riverboat |
| 6 | | gambling operations are conducted
pursuant to a dormant |
| 7 | | license; or (iii) the first day that riverboat gambling
|
| 8 | | operations are conducted under the authority of an owners |
| 9 | | license that is in
addition to the 10 owners licenses |
| 10 | | initially authorized under this Act.
For the purposes of this |
| 11 | | subsection (a-3), the term "dormant license"
means an owners |
| 12 | | license that is authorized by this Act under which no
|
| 13 | | riverboat gambling operations are being conducted on June 20, |
| 14 | | 2003.
|
| 15 | | (a-4) Beginning on the first day on which the tax imposed |
| 16 | | under
subsection (a-3) is no longer imposed and ending upon |
| 17 | | the imposition of the privilege tax under subsection (a-5) of |
| 18 | | this Section, a privilege tax is imposed on persons
engaged in |
| 19 | | the business of conducting gambling operations, other
than |
| 20 | | licensed managers conducting riverboat gambling operations on |
| 21 | | behalf of
the State, based on the adjusted gross receipts |
| 22 | | received by a licensed owner
from gambling games authorized |
| 23 | | under this Act at the following rates:
|
| 24 | | 15% of annual adjusted gross receipts up to and |
| 25 | | including $25,000,000;
|
| 26 | | 22.5% of annual adjusted gross receipts in excess of |
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| 1 | | $25,000,000 but not
exceeding $50,000,000;
|
| 2 | | 27.5% of annual adjusted gross receipts in excess of |
| 3 | | $50,000,000 but not
exceeding $75,000,000;
|
| 4 | | 32.5% of annual adjusted gross receipts in excess of |
| 5 | | $75,000,000 but not
exceeding $100,000,000;
|
| 6 | | 37.5% of annual adjusted gross receipts in excess of |
| 7 | | $100,000,000 but not
exceeding $150,000,000;
|
| 8 | | 45% of annual adjusted gross receipts in excess of |
| 9 | | $150,000,000 but not
exceeding $200,000,000;
|
| 10 | | 50% of annual adjusted gross receipts in excess of |
| 11 | | $200,000,000.
|
| 12 | | For the imposition of the privilege tax in this subsection |
| 13 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
| 14 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
| 15 | | be included in the determination of adjusted gross receipts. |
| 16 | | (a-5)(1) Beginning on July 1, 2020, a privilege tax is |
| 17 | | imposed on persons engaged in the business of conducting |
| 18 | | gambling operations, other than the owners licensee under |
| 19 | | paragraph (1) of subsection (e-5) of Section 7 and licensed |
| 20 | | managers conducting riverboat gambling operations on behalf of |
| 21 | | the State, based on the adjusted gross receipts received by |
| 22 | | such licensee from the gambling games authorized under this |
| 23 | | Act. The privilege tax for all gambling games other than table |
| 24 | | games, including, but not limited to, slot machines, video |
| 25 | | game of chance gambling, and electronic gambling games shall |
| 26 | | be at the following rates: |
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| 1 | | 15% of annual adjusted gross receipts up to and |
| 2 | | including $25,000,000; |
| 3 | | 22.5% of annual adjusted gross receipts in excess of |
| 4 | | $25,000,000 but not exceeding $50,000,000; |
| 5 | | 27.5% of annual adjusted gross receipts in excess of |
| 6 | | $50,000,000 but not exceeding $75,000,000; |
| 7 | | 32.5% of annual adjusted gross receipts in excess of |
| 8 | | $75,000,000 but not exceeding $100,000,000; |
| 9 | | 37.5% of annual adjusted gross receipts in excess of |
| 10 | | $100,000,000 but not exceeding $150,000,000; |
| 11 | | 45% of annual adjusted gross receipts in excess of |
| 12 | | $150,000,000 but not exceeding $200,000,000; |
| 13 | | 50% of annual adjusted gross receipts in excess of |
| 14 | | $200,000,000. |
| 15 | | The privilege tax for table games shall be at the |
| 16 | | following rates: |
| 17 | | 15% of annual adjusted gross receipts up to and |
| 18 | | including $25,000,000; |
| 19 | | 20% of annual adjusted gross receipts in excess of |
| 20 | | $25,000,000. |
| 21 | | For the imposition of the privilege tax in this subsection |
| 22 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
| 23 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
| 24 | | be included in the determination of adjusted gross receipts. |
| 25 | | (2) Beginning on the first day that an owners licensee |
| 26 | | under paragraph (1) of subsection (e-5) of Section 7 conducts |
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| 1 | | gambling operations, either in a temporary facility or a |
| 2 | | permanent facility, a privilege tax is imposed on persons |
| 3 | | engaged in the business of conducting gambling operations |
| 4 | | under paragraph (1) of subsection (e-5) of Section 7, other |
| 5 | | than licensed managers conducting riverboat gambling |
| 6 | | operations on behalf of the State, based on the adjusted gross |
| 7 | | receipts received by such licensee from the gambling games |
| 8 | | authorized under this Act. The privilege tax for all gambling |
| 9 | | games other than table games, including, but not limited to, |
| 10 | | slot machines, video game of chance gambling, and electronic |
| 11 | | gambling games shall be at the following rates: |
| 12 | | 12% of annual adjusted gross receipts up to and
|
| 13 | | including $25,000,000 to the State and 10.5% of annual |
| 14 | | adjusted gross receipts up to and including $25,000,000 to |
| 15 | | the City of Chicago; |
| 16 | | 16% of annual adjusted gross receipts in excess of
|
| 17 | | $25,000,000 but not exceeding $50,000,000 to the State and |
| 18 | | 14% of annual adjusted gross receipts in excess of |
| 19 | | $25,000,000 but not exceeding $50,000,000 to the City of |
| 20 | | Chicago; |
| 21 | | 20.1% of annual adjusted gross receipts in excess of
|
| 22 | | $50,000,000 but not exceeding $75,000,000 to the State and |
| 23 | | 17.4% of annual adjusted gross receipts in excess of |
| 24 | | $50,000,000 but not exceeding $75,000,000 to the City of |
| 25 | | Chicago; |
| 26 | | 21.4% of annual adjusted gross receipts in excess of
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| 1 | | $75,000,000 but not exceeding $100,000,000 to the State |
| 2 | | and 18.6% of annual adjusted gross receipts in excess of |
| 3 | | $75,000,000 but not exceeding $100,000,000 to the City of |
| 4 | | Chicago; |
| 5 | | 22.7% of annual adjusted gross receipts in excess of
|
| 6 | | $100,000,000 but not exceeding $150,000,000 to the State |
| 7 | | and 19.8% of annual adjusted gross receipts in excess of |
| 8 | | $100,000,000 but not exceeding $150,000,000 to the City of |
| 9 | | Chicago; |
| 10 | | 24.1% of annual adjusted gross receipts in excess of
|
| 11 | | $150,000,000 but not exceeding $225,000,000 to the State |
| 12 | | and 20.9% of annual adjusted gross receipts in excess of |
| 13 | | $150,000,000 but not exceeding $225,000,000 to the City of |
| 14 | | Chicago; |
| 15 | | 26.8% of annual adjusted gross receipts in excess of
|
| 16 | | $225,000,000 but not exceeding $1,000,000,000 to the State |
| 17 | | and 23.2% of annual adjusted gross receipts in excess of |
| 18 | | $225,000,000 but not exceeding $1,000,000,000 to the City |
| 19 | | of Chicago; |
| 20 | | 40% of annual adjusted gross receipts in excess of |
| 21 | | $1,000,000,000 to the State and 34.7% of annual gross |
| 22 | | receipts in excess of $1,000,000,000 to the City of |
| 23 | | Chicago. |
| 24 | | The privilege tax for table games shall be at the |
| 25 | | following rates: |
| 26 | | 8.1% of annual adjusted gross receipts up to and |
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| 1 | | including $25,000,000 to the State and 6.9% of annual |
| 2 | | adjusted gross receipts up to and including $25,000,000 to |
| 3 | | the City of Chicago; |
| 4 | | 10.7% of annual adjusted gross receipts in excess of |
| 5 | | $25,000,000 but not exceeding $75,000,000 to the State and |
| 6 | | 9.3% of annual adjusted gross receipts in excess of |
| 7 | | $25,000,000 but not exceeding $75,000,000 to the City of |
| 8 | | Chicago; |
| 9 | | 11.2% of annual adjusted gross receipts in excess of |
| 10 | | $75,000,000 but not exceeding $175,000,000 to the State |
| 11 | | and 9.8% of annual adjusted gross receipts in excess of |
| 12 | | $75,000,000 but not exceeding $175,000,000 to the City of |
| 13 | | Chicago; |
| 14 | | 13.5% of annual adjusted gross receipts in excess of |
| 15 | | $175,000,000 but not exceeding $225,000,000 to the State |
| 16 | | and 11.5% of annual adjusted gross receipts in excess of |
| 17 | | $175,000,000 but not exceeding $225,000,000 to the City of |
| 18 | | Chicago; |
| 19 | | 15.1% of annual adjusted gross receipts in excess of |
| 20 | | $225,000,000 but not exceeding $275,000,000 to the State |
| 21 | | and 12.9% of annual adjusted gross receipts in excess of |
| 22 | | $225,000,000 but not exceeding $275,000,000 to the City of |
| 23 | | Chicago; |
| 24 | | 16.2% of annual adjusted gross receipts in excess of |
| 25 | | $275,000,000 but not exceeding $375,000,000 to the State |
| 26 | | and 13.8% of annual adjusted gross receipts in excess of |
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| 1 | | $275,000,000 but not exceeding $375,000,000 to the City of |
| 2 | | Chicago; |
| 3 | | 18.9% of annual adjusted gross receipts in excess of |
| 4 | | $375,000,000 to the State and 16.1% of annual gross |
| 5 | | receipts in excess of $375,000,000 to the City of Chicago. |
| 6 | | For the imposition of the privilege tax in this subsection |
| 7 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
| 8 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
| 9 | | be included in the determination of adjusted gross receipts. |
| 10 | | (3) Notwithstanding the provisions of this subsection |
| 11 | | (a-5), for the first 10 years that the privilege tax is imposed |
| 12 | | under this subsection (a-5) or until the year preceding the |
| 13 | | calendar year in which paragraph (4) becomes operative, |
| 14 | | whichever occurs first, the privilege tax shall be imposed on |
| 15 | | the modified annual adjusted gross receipts of a riverboat or |
| 16 | | casino conducting gambling operations in the City of East St. |
| 17 | | Louis, unless: |
| 18 | | (1) the riverboat or casino fails to employ at least |
| 19 | | 450 people, except no minimum employment shall be required |
| 20 | | during 2020 and 2021 or during periods that the riverboat |
| 21 | | or casino is closed on orders of State officials for |
| 22 | | public health emergencies or other emergencies not caused |
| 23 | | by the riverboat or casino; |
| 24 | | (2) the riverboat or casino fails to maintain |
| 25 | | operations in a manner consistent with this Act or is not a |
| 26 | | viable riverboat or casino subject to the approval of the |
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| 1 | | Board; or |
| 2 | | (3) the owners licensee is not an entity in which |
| 3 | | employees participate in an employee stock ownership plan |
| 4 | | or in which the owners licensee sponsors a 401(k) |
| 5 | | retirement plan and makes a matching employer contribution |
| 6 | | equal to at least one-quarter of the first 12% or one-half |
| 7 | | of the first 6% of each participating employee's |
| 8 | | contribution, not to exceed any limitations under federal |
| 9 | | laws and regulations. |
| 10 | | (4) Notwithstanding the provisions of this subsection |
| 11 | | (a-5), for 10 calendar years beginning in the year that |
| 12 | | gambling operations commence either in a temporary or |
| 13 | | permanent facility at an organization gaming facility located |
| 14 | | in the City of Collinsville if the facility commences |
| 15 | | operations within 3 years of the effective date of the changes |
| 16 | | made to this Section by this amendatory Act of the 103rd |
| 17 | | General Assembly, the privilege tax imposed under this |
| 18 | | subsection (a-5) on a riverboat or casino conducting gambling |
| 19 | | operations in the City of East St. Louis shall be reduced, if |
| 20 | | applicable, by an amount equal to the difference in adjusted |
| 21 | | gross receipts for the 2022 calendar year less the current |
| 22 | | year's adjusted gross receipts, unless: |
| 23 | | (A) the riverboat or casino fails to employ at least |
| 24 | | 350 people, except that no minimum employment shall be |
| 25 | | required during periods that the riverboat or casino is |
| 26 | | closed on orders of State officials for public health |
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| 1 | | emergencies or other emergencies not caused by the |
| 2 | | riverboat or casino; |
| 3 | | (B) the riverboat or casino fails to maintain |
| 4 | | operations in a manner consistent with this Act or is not a |
| 5 | | viable riverboat or casino subject to the approval of the |
| 6 | | Board; or |
| 7 | | (C) the riverboat or casino fails to submit audited |
| 8 | | financial statements to the Board prepared by an |
| 9 | | accounting firm that has been preapproved by the Board and |
| 10 | | such statements were prepared in accordance with the |
| 11 | | provisions of the Financial Accounting Standards Board |
| 12 | | Accounting Standards Codification under nongovernmental |
| 13 | | accounting principles generally accepted in the United |
| 14 | | States. |
| 15 | | As used in this subsection (a-5), "modified annual |
| 16 | | adjusted gross receipts" means: |
| 17 | | (A) for calendar year 2020, the annual adjusted gross |
| 18 | | receipts for the current year minus the difference between |
| 19 | | an amount equal to the average annual adjusted gross |
| 20 | | receipts from a riverboat or casino conducting gambling |
| 21 | | operations in the City of East St. Louis for 2014, 2015, |
| 22 | | 2016, 2017, and 2018 and the annual adjusted gross |
| 23 | | receipts for 2018; |
| 24 | | (B) for calendar year 2021, the annual adjusted gross |
| 25 | | receipts for the current year minus the difference between |
| 26 | | an amount equal to the average annual adjusted gross |
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| 1 | | receipts from a riverboat or casino conducting gambling |
| 2 | | operations in the City of East St. Louis for 2014, 2015, |
| 3 | | 2016, 2017, and 2018 and the annual adjusted gross |
| 4 | | receipts for 2019; and |
| 5 | | (C) for calendar years 2022 through 2029, the annual |
| 6 | | adjusted gross receipts for the current year minus the |
| 7 | | difference between an amount equal to the average annual |
| 8 | | adjusted gross receipts from a riverboat or casino |
| 9 | | conducting gambling operations in the City of East St. |
| 10 | | Louis for 3 years preceding the current year and the |
| 11 | | annual adjusted gross receipts for the immediately |
| 12 | | preceding year. |
| 13 | | (a-6) From June 28, 2019 (the effective date of Public Act |
| 14 | | 101-31) until June 30, 2023, an owners licensee that conducted |
| 15 | | gambling operations prior to January 1, 2011 shall receive a |
| 16 | | dollar-for-dollar credit against the tax imposed under this |
| 17 | | Section for any renovation or construction costs paid by the |
| 18 | | owners licensee, but in no event shall the credit exceed |
| 19 | | $2,000,000. |
| 20 | | Additionally, from June 28, 2019 (the effective date of |
| 21 | | Public Act 101-31) until December 31, 2024, an owners licensee |
| 22 | | that (i) is located within 15 miles of the Missouri border, and |
| 23 | | (ii) has at least 3 riverboats, casinos, or their equivalent |
| 24 | | within a 45-mile radius, may be authorized to relocate to a new |
| 25 | | location with the approval of both the unit of local |
| 26 | | government designated as the home dock and the Board, so long |
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| 1 | | as the new location is within the same unit of local government |
| 2 | | and no more than 3 miles away from its original location. Such |
| 3 | | owners licensee shall receive a credit against the tax imposed |
| 4 | | under this Section equal to 8% of the total project costs, as |
| 5 | | approved by the Board, for any renovation or construction |
| 6 | | costs paid by the owners licensee for the construction of the |
| 7 | | new facility, provided that the new facility is operational by |
| 8 | | July 1, 2024. In determining whether or not to approve a |
| 9 | | relocation, the Board must consider the extent to which the |
| 10 | | relocation will diminish the gaming revenues received by other |
| 11 | | Illinois gaming facilities. |
| 12 | | (a-7) Beginning in the initial adjustment year and through |
| 13 | | the final adjustment year, if the total obligation imposed |
| 14 | | pursuant to either subsection (a-5) or (a-6) will result in an |
| 15 | | owners licensee receiving less after-tax adjusted gross |
| 16 | | receipts than it received in calendar year 2018, then the |
| 17 | | total amount of privilege taxes that the owners licensee is |
| 18 | | required to pay for that calendar year shall be reduced to the |
| 19 | | extent necessary so that the after-tax adjusted gross receipts |
| 20 | | in that calendar year equals the after-tax adjusted gross |
| 21 | | receipts in calendar year 2018, but the privilege tax |
| 22 | | reduction shall not exceed the annual adjustment cap. If |
| 23 | | pursuant to this subsection (a-7), the total obligation |
| 24 | | imposed pursuant to either subsection (a-5) or (a-6) shall be |
| 25 | | reduced, then the owners licensee shall not receive a refund |
| 26 | | from the State at the end of the subject calendar year but |
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| 1 | | instead shall be able to apply that amount as a credit against |
| 2 | | any payments it owes to the State in the following calendar |
| 3 | | year to satisfy its total obligation under either subsection |
| 4 | | (a-5) or (a-6). The credit for the final adjustment year shall |
| 5 | | occur in the calendar year following the final adjustment |
| 6 | | year. |
| 7 | | If an owners licensee that conducted gambling operations |
| 8 | | prior to January 1, 2019 expands its riverboat or casino, |
| 9 | | including, but not limited to, with respect to its gaming |
| 10 | | floor, additional non-gaming amenities such as restaurants, |
| 11 | | bars, and hotels and other additional facilities, and incurs |
| 12 | | construction and other costs related to such expansion from |
| 13 | | June 28, 2019 (the effective date of Public Act 101-31) until |
| 14 | | June 28, 2024 (the 5th anniversary of the effective date of |
| 15 | | Public Act 101-31), then for each $15,000,000 spent for any |
| 16 | | such construction or other costs related to expansion paid by |
| 17 | | the owners licensee, the final adjustment year shall be |
| 18 | | extended by one year and the annual adjustment cap shall |
| 19 | | increase by 0.2% of adjusted gross receipts during each |
| 20 | | calendar year until and including the final adjustment year. |
| 21 | | No further modifications to the final adjustment year or |
| 22 | | annual adjustment cap shall be made after $75,000,000 is |
| 23 | | incurred in construction or other costs related to expansion |
| 24 | | so that the final adjustment year shall not extend beyond the |
| 25 | | 9th calendar year after the initial adjustment year, not |
| 26 | | including the initial adjustment year, and the annual |
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| 1 | | adjustment cap shall not exceed 4% of adjusted gross receipts |
| 2 | | in a particular calendar year. Construction and other costs |
| 3 | | related to expansion shall include all project related costs, |
| 4 | | including, but not limited to, all hard and soft costs, |
| 5 | | financing costs, on or off-site ground, road or utility work, |
| 6 | | cost of gaming equipment and all other personal property, |
| 7 | | initial fees assessed for each incremental gaming position, |
| 8 | | and the cost of incremental land acquired for such expansion. |
| 9 | | Soft costs shall include, but not be limited to, legal fees, |
| 10 | | architect, engineering and design costs, other consultant |
| 11 | | costs, insurance cost, permitting costs, and pre-opening costs |
| 12 | | related to the expansion, including, but not limited to, any |
| 13 | | of the following: marketing, real estate taxes, personnel, |
| 14 | | training, travel and out-of-pocket expenses, supply, |
| 15 | | inventory, and other costs, and any other project related soft |
| 16 | | costs. |
| 17 | | To be eligible for the tax credits in subsection (a-6), |
| 18 | | all construction contracts shall include a requirement that |
| 19 | | the contractor enter into a project labor agreement with the |
| 20 | | building and construction trades council with geographic |
| 21 | | jurisdiction of the location of the proposed gaming facility. |
| 22 | | Notwithstanding any other provision of this subsection |
| 23 | | (a-7), this subsection (a-7) does not apply to an owners |
| 24 | | licensee unless such owners licensee spends at least |
| 25 | | $15,000,000 on construction and other costs related to its |
| 26 | | expansion, excluding the initial fees assessed for each |
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| 1 | | incremental gaming position. |
| 2 | | This subsection (a-7) does not apply to owners licensees
|
| 3 | | authorized pursuant to subsection (e-5) of Section 7 of this
|
| 4 | | Act. |
| 5 | | For purposes of this subsection (a-7): |
| 6 | | "Building and construction trades council" means any |
| 7 | | organization representing multiple construction entities that |
| 8 | | are monitoring or attentive to compliance with public or |
| 9 | | workers' safety laws, wage and hour requirements, or other |
| 10 | | statutory requirements or that are making or maintaining |
| 11 | | collective bargaining agreements. |
| 12 | | "Initial adjustment year" means the year commencing on |
| 13 | | January 1 of the calendar year immediately following the |
| 14 | | earlier of the following: |
| 15 | | (1) the commencement of gambling operations, either in |
| 16 | | a temporary or permanent facility, with respect to the |
| 17 | | owners license authorized under paragraph (1) of |
| 18 | | subsection (e-5) of Section 7 of this Act; or |
| 19 | | (2) June 28, 2021 (24 months after the effective date |
| 20 | | of Public Act 101-31); |
| 21 | | provided the initial adjustment year shall not commence |
| 22 | | earlier than June 28, 2020 (12 months after the effective date |
| 23 | | of Public Act 101-31). |
| 24 | | "Final adjustment year" means the 2nd calendar year after |
| 25 | | the initial adjustment year, not including the initial |
| 26 | | adjustment year, and as may be extended further as described |
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| 1 | | in this subsection (a-7). |
| 2 | | "Annual adjustment cap" means 3% of adjusted gross |
| 3 | | receipts in a particular calendar year, and as may be |
| 4 | | increased further as otherwise described in this subsection |
| 5 | | (a-7). |
| 6 | | (a-8) Riverboat gambling operations conducted by a |
| 7 | | licensed manager on
behalf of the State are not subject to the |
| 8 | | tax imposed under this Section.
|
| 9 | | (a-9) Beginning on January 1, 2020, the calculation of |
| 10 | | gross receipts or adjusted gross receipts, for the purposes of |
| 11 | | this Section, for a riverboat, a casino, or an organization |
| 12 | | gaming facility shall not include the dollar amount of |
| 13 | | non-cashable vouchers, coupons, and electronic promotions |
| 14 | | redeemed by wagerers upon the riverboat, in the casino, or in |
| 15 | | the organization gaming facility up to and including an amount |
| 16 | | not to exceed 20% of a riverboat's, a casino's, or an |
| 17 | | organization gaming facility's adjusted gross receipts. |
| 18 | | The Illinois Gaming Board shall submit to the General |
| 19 | | Assembly a comprehensive report no later than March 31, 2023 |
| 20 | | detailing, at a minimum, the effect of removing non-cashable |
| 21 | | vouchers, coupons, and electronic promotions from this |
| 22 | | calculation on net gaming revenues to the State in calendar |
| 23 | | years 2020 through 2022, the increase or reduction in wagerers |
| 24 | | as a result of removing non-cashable vouchers, coupons, and |
| 25 | | electronic promotions from this calculation, the effect of the |
| 26 | | tax rates in subsection (a-5) on net gaming revenues to this |
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| 1 | | State, and proposed modifications to the calculation. |
| 2 | | (a-10) The taxes imposed by this Section shall be paid by |
| 3 | | the licensed
owner or the organization gaming licensee to the |
| 4 | | Board not later than 5:00 o'clock p.m. of the day after the day
|
| 5 | | when the wagers were made.
|
| 6 | | (a-15) If the privilege tax imposed under subsection (a-3) |
| 7 | | is no longer imposed pursuant to item (i) of the last paragraph |
| 8 | | of subsection (a-3), then by June 15 of each year, each owners |
| 9 | | licensee, other than an owners licensee that admitted |
| 10 | | 1,000,000 persons or
fewer in calendar year 2004, must, in |
| 11 | | addition to the payment of all amounts otherwise due under |
| 12 | | this Section, pay to the Board a reconciliation payment in the |
| 13 | | amount, if any, by which the licensed owner's base amount |
| 14 | | exceeds the amount of net privilege tax paid by the licensed |
| 15 | | owner to the Board in the then current State fiscal year. A |
| 16 | | licensed owner's net privilege tax obligation due for the |
| 17 | | balance of the State fiscal year shall be reduced up to the |
| 18 | | total of the amount paid by the licensed owner in its June 15 |
| 19 | | reconciliation payment. The obligation imposed by this |
| 20 | | subsection (a-15) is binding on any person, firm, corporation, |
| 21 | | or other entity that acquires an ownership interest in any |
| 22 | | such owners license. The obligation imposed under this |
| 23 | | subsection (a-15) terminates on the earliest of: (i) July 1, |
| 24 | | 2007, (ii) the first day after August 23, 2005 (the effective |
| 25 | | date of Public Act 94-673) that riverboat gambling operations |
| 26 | | are conducted pursuant to a dormant license, (iii) the first |
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| 1 | | day that riverboat gambling operations are conducted under the |
| 2 | | authority of an owners license that is in addition to the 10 |
| 3 | | owners licenses initially authorized under this Act, or (iv) |
| 4 | | the first day that a licensee under the Illinois Horse Racing |
| 5 | | Act of 1975 conducts gaming operations with slot machines or |
| 6 | | other electronic gaming devices. The Board must reduce the |
| 7 | | obligation imposed under this subsection (a-15) by an amount |
| 8 | | the Board deems reasonable for any of the following reasons: |
| 9 | | (A) an act or acts of God, (B) an act of bioterrorism or |
| 10 | | terrorism or a bioterrorism or terrorism threat that was |
| 11 | | investigated by a law enforcement agency, or (C) a condition |
| 12 | | beyond the control of the owners licensee that does not result |
| 13 | | from any act or omission by the owners licensee or any of its |
| 14 | | agents and that poses a hazardous threat to the health and |
| 15 | | safety of patrons. If an owners licensee pays an amount in |
| 16 | | excess of its liability under this Section, the Board shall |
| 17 | | apply the overpayment to future payments required under this |
| 18 | | Section. |
| 19 | | For purposes of this subsection (a-15): |
| 20 | | "Act of God" means an incident caused by the operation of |
| 21 | | an extraordinary force that cannot be foreseen, that cannot be |
| 22 | | avoided by the exercise of due care, and for which no person |
| 23 | | can be held liable.
|
| 24 | | "Base amount" means the following: |
| 25 | | For a riverboat in Alton, $31,000,000.
|
| 26 | | For a riverboat in East Peoria, $43,000,000.
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| 1 | | For the Empress riverboat in Joliet, $86,000,000.
|
| 2 | | For a riverboat in Metropolis, $45,000,000.
|
| 3 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
| 4 | | For a riverboat in Aurora, $86,000,000.
|
| 5 | | For a riverboat in East St. Louis, $48,500,000.
|
| 6 | | For a riverboat in Elgin, $198,000,000.
|
| 7 | | "Dormant license" has the meaning ascribed to it in |
| 8 | | subsection (a-3).
|
| 9 | | "Net privilege tax" means all privilege taxes paid by a |
| 10 | | licensed owner to the Board under this Section, less all |
| 11 | | payments made from the State Gaming Fund pursuant to |
| 12 | | subsection (b) of this Section. |
| 13 | | The changes made to this subsection (a-15) by Public Act |
| 14 | | 94-839 are intended to restate and clarify the intent of |
| 15 | | Public Act 94-673 with respect to the amount of the payments |
| 16 | | required to be made under this subsection by an owners |
| 17 | | licensee to the Board.
|
| 18 | | (b) From the tax revenue from riverboat or casino gambling
|
| 19 | | deposited in the State Gaming Fund under this Section, an |
| 20 | | amount equal to 5% of
adjusted gross receipts generated by a |
| 21 | | riverboat or a casino, other than a riverboat or casino |
| 22 | | designated in paragraph (1), (3), or (4) of subsection (e-5) |
| 23 | | of Section 7, shall be paid monthly, subject
to appropriation |
| 24 | | by the General Assembly, to the unit of local government in |
| 25 | | which the casino is located or that
is designated as the home |
| 26 | | dock of the riverboat. Notwithstanding anything to the |
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| 1 | | contrary, beginning on the first day that an owners licensee |
| 2 | | under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
| 3 | | (e-5) of Section 7 conducts gambling operations, either in a |
| 4 | | temporary facility or a permanent facility, and for 2 years |
| 5 | | thereafter, a unit of local government designated as the home |
| 6 | | dock of a riverboat whose license was issued before January 1, |
| 7 | | 2019, other than a riverboat conducting gambling operations in |
| 8 | | the City of East St. Louis, shall not receive less under this |
| 9 | | subsection (b) than the amount the unit of local government |
| 10 | | received under this subsection (b) in calendar year 2018. |
| 11 | | Notwithstanding anything to the contrary and because the City |
| 12 | | of East St. Louis is a financially distressed city, beginning |
| 13 | | on the first day that an owners licensee under paragraph (1), |
| 14 | | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
| 15 | | conducts gambling operations, either in a temporary facility |
| 16 | | or a permanent facility, and for 10 years thereafter, a unit of |
| 17 | | local government designated as the home dock of a riverboat |
| 18 | | conducting gambling operations in the City of East St. Louis |
| 19 | | shall not receive less under this subsection (b) than the |
| 20 | | amount the unit of local government received under this |
| 21 | | subsection (b) in calendar year 2018. |
| 22 | | From the tax revenue
deposited in the State Gaming Fund |
| 23 | | pursuant to riverboat or casino gambling operations
conducted |
| 24 | | by a licensed manager on behalf of the State, an amount equal |
| 25 | | to 5%
of adjusted gross receipts generated pursuant to those |
| 26 | | riverboat or casino gambling
operations shall be paid monthly,
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| 1 | | subject to appropriation by the General Assembly, to the unit |
| 2 | | of local
government that is designated as the home dock of the |
| 3 | | riverboat upon which
those riverboat gambling operations are |
| 4 | | conducted or in which the casino is located. |
| 5 | | From the tax revenue from riverboat or casino gambling |
| 6 | | deposited in the State Gaming Fund under this Section, an |
| 7 | | amount equal to 5% of the adjusted gross receipts generated by |
| 8 | | a riverboat designated in paragraph (3) of subsection (e-5) of |
| 9 | | Section 7 shall be divided and remitted monthly, subject to |
| 10 | | appropriation, as follows: 70% to Waukegan, 10% to Park City, |
| 11 | | 15% to North Chicago, and 5% to Lake County. |
| 12 | | From the tax revenue from riverboat or casino gambling |
| 13 | | deposited in the State Gaming Fund under this Section, an |
| 14 | | amount equal to 5% of the adjusted gross receipts generated by |
| 15 | | a riverboat designated in paragraph (4) of subsection (e-5) of |
| 16 | | Section 7 shall be remitted monthly, subject to appropriation, |
| 17 | | as follows: 70% to the City of Rockford, 5% to the City of |
| 18 | | Loves Park, 5% to the Village of Machesney, and 20% to |
| 19 | | Winnebago County. |
| 20 | | From the tax revenue from riverboat or casino gambling |
| 21 | | deposited in the State Gaming Fund under this Section, an |
| 22 | | amount equal to 5% of the adjusted gross receipts generated by |
| 23 | | a riverboat designated in paragraph (5) of subsection (e-5) of |
| 24 | | Section 7 shall be remitted monthly, subject to appropriation, |
| 25 | | as follows: 2% to the unit of local government in which the |
| 26 | | riverboat or casino is located, and 3% shall be distributed: |
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| 1 | | (A) in accordance with a regional capital development plan |
| 2 | | entered into by the following communities: Village of Beecher, |
| 3 | | City of Blue Island, Village of Burnham, City of Calumet City, |
| 4 | | Village of Calumet Park, City of Chicago Heights, City of |
| 5 | | Country Club Hills, Village of Crestwood, Village of Crete, |
| 6 | | Village of Dixmoor, Village of Dolton, Village of East Hazel |
| 7 | | Crest, Village of Flossmoor, Village of Ford Heights, Village |
| 8 | | of Glenwood, City of Harvey, Village of Hazel Crest, Village |
| 9 | | of Homewood, Village of Lansing, Village of Lynwood, City of |
| 10 | | Markham, Village of Matteson, Village of Midlothian, Village |
| 11 | | of Monee, City of Oak Forest, Village of Olympia Fields, |
| 12 | | Village of Orland Hills, Village of Orland Park, City of Palos |
| 13 | | Heights, Village of Park Forest, Village of Phoenix, Village |
| 14 | | of Posen, Village of Richton Park, Village of Riverdale, |
| 15 | | Village of Robbins, Village of Sauk Village, Village of South |
| 16 | | Chicago Heights, Village of South Holland, Village of Steger, |
| 17 | | Village of Thornton, Village of Tinley Park, Village of |
| 18 | | University Park, and Village of Worth; or (B) if no regional |
| 19 | | capital development plan exists, equally among the communities |
| 20 | | listed in item (A) to be used for capital expenditures or |
| 21 | | public pension payments, or both. |
| 22 | | Units of local government may refund any portion of the |
| 23 | | payment that they receive pursuant to this subsection (b) to |
| 24 | | the riverboat or casino.
|
| 25 | | (b-4) Beginning on the first day the licensee under |
| 26 | | paragraph (5) of subsection (e-5) of Section 7 conducts |
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| 1 | | gambling operations, either in a temporary facility or a |
| 2 | | permanent facility, and ending on July 31, 2042, from the tax |
| 3 | | revenue deposited in the State Gaming Fund under this Section, |
| 4 | | $5,000,000 shall be paid annually, subject
to appropriation, |
| 5 | | to the host municipality of that owners licensee of a license |
| 6 | | issued or re-issued pursuant to Section
7.1 of this Act before |
| 7 | | January 1, 2012. Payments received by the host municipality |
| 8 | | pursuant to this subsection (b-4) may not be shared with any |
| 9 | | other unit of local government. |
| 10 | | (b-5) Beginning on June 28, 2019 (the effective date of |
| 11 | | Public Act 101-31), from the tax revenue
deposited in the |
| 12 | | State Gaming Fund under this Section, an amount equal to 3% of
|
| 13 | | adjusted gross receipts generated by each organization gaming |
| 14 | | facility located outside Madison County shall be paid monthly, |
| 15 | | subject
to appropriation by the General Assembly, to a |
| 16 | | municipality other than the Village of Stickney in which each |
| 17 | | organization gaming facility is located or, if the |
| 18 | | organization gaming facility is not located within a |
| 19 | | municipality, to the county in which the organization gaming |
| 20 | | facility is located, except as otherwise provided in this |
| 21 | | Section. From the tax revenue deposited in the State Gaming |
| 22 | | Fund under this Section, an amount equal to 3% of adjusted |
| 23 | | gross receipts generated by an organization gaming facility |
| 24 | | located in the Village of Stickney shall be paid monthly, |
| 25 | | subject to appropriation by the General Assembly, as follows: |
| 26 | | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
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| 1 | | to the Town of Cicero, and 20% to the Stickney Public Health |
| 2 | | District. |
| 3 | | From the tax revenue deposited in the State Gaming Fund |
| 4 | | under this Section, an amount equal to 5% of adjusted gross |
| 5 | | receipts generated by an organization gaming facility located |
| 6 | | in the City of Collinsville shall be paid monthly, subject to |
| 7 | | appropriation by the General Assembly, as follows: 30% to the |
| 8 | | City of Alton, 30% to the City of East St. Louis, and 40% to |
| 9 | | the City of Collinsville. |
| 10 | | Municipalities and counties may refund any portion of the |
| 11 | | payment that they receive pursuant to this subsection (b-5) to |
| 12 | | the organization gaming facility. |
| 13 | | (b-6) Beginning on June 28, 2019 (the effective date of |
| 14 | | Public Act 101-31), from the tax revenue deposited in the |
| 15 | | State Gaming Fund under this Section, an amount equal to 2% of |
| 16 | | adjusted gross receipts generated by an organization gaming |
| 17 | | facility located outside Madison County shall be paid monthly, |
| 18 | | subject to appropriation by the General Assembly, to the |
| 19 | | county in which the organization gaming facility is located |
| 20 | | for the purposes of its criminal justice system or health care |
| 21 | | system. |
| 22 | | Counties may refund any portion of the payment that they |
| 23 | | receive pursuant to this subsection (b-6) to the organization |
| 24 | | gaming facility. |
| 25 | | (b-7) From the tax revenue from the organization gaming |
| 26 | | licensee located in one of the following townships of Cook |
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| 1 | | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or |
| 2 | | Worth, an amount equal to 5% of the adjusted gross receipts |
| 3 | | generated by that organization gaming licensee shall be |
| 4 | | remitted monthly, subject to appropriation, as follows: 2% to |
| 5 | | the unit of local government in which the organization gaming |
| 6 | | licensee is located, and 3% shall be distributed: (A) in |
| 7 | | accordance with a regional capital development plan entered |
| 8 | | into by the following communities: Village of Beecher, City of |
| 9 | | Blue Island, Village of Burnham, City of Calumet City, Village |
| 10 | | of Calumet Park, City of Chicago Heights, City of Country Club |
| 11 | | Hills, Village of Crestwood, Village of Crete, Village of |
| 12 | | Dixmoor, Village of Dolton, Village of East Hazel Crest, |
| 13 | | Village of Flossmoor, Village of Ford Heights, Village of |
| 14 | | Glenwood, City of Harvey, Village of Hazel Crest, Village of |
| 15 | | Homewood, Village of Lansing, Village of Lynwood, City of |
| 16 | | Markham, Village of Matteson, Village of Midlothian, Village |
| 17 | | of Monee, City of Oak Forest, Village of Olympia Fields, |
| 18 | | Village of Orland Hills, Village of Orland Park, City of Palos |
| 19 | | Heights, Village of Park Forest, Village of Phoenix, Village |
| 20 | | of Posen, Village of Richton Park, Village of Riverdale, |
| 21 | | Village of Robbins, Village of Sauk Village, Village of South |
| 22 | | Chicago Heights, Village of South Holland, Village of Steger, |
| 23 | | Village of Thornton, Village of Tinley Park, Village of |
| 24 | | University Park, and Village of Worth; or (B) if no regional |
| 25 | | capital development plan exists, equally among the communities |
| 26 | | listed in item (A) to be used for capital expenditures or |
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| 1 | | public pension payments, or both. |
| 2 | | (b-8) In lieu of the payments under subsection (b) of this |
| 3 | | Section, from the tax revenue deposited in the State Gaming
|
| 4 | | Fund pursuant to riverboat or casino gambling operations |
| 5 | | conducted by an owners licensee
under paragraph (1) of |
| 6 | | subsection (e-5) of Section 7, an amount equal to the tax |
| 7 | | revenue
generated from the privilege tax imposed by paragraph |
| 8 | | (2) of subsection (a-5) that is to be
paid to the City of |
| 9 | | Chicago shall be paid monthly, subject
to appropriation by the |
| 10 | | General Assembly, as follows: (1) an amount equal to 0.5% of |
| 11 | | the annual adjusted gross receipts
generated by the owners |
| 12 | | licensee under paragraph (1) of subsection (e-5) of Section 7 |
| 13 | | to the home rule county in which the owners licensee is located |
| 14 | | for the purpose of enhancing
the county's criminal justice |
| 15 | | system; and (2) the balance to the City of Chicago and shall be |
| 16 | | expended or obligated by the City of Chicago for pension |
| 17 | | payments in accordance with Public Act 99-506. |
| 18 | | (c) Appropriations, as approved by the General Assembly, |
| 19 | | may be made
from the State Gaming Fund to the Board (i) for the |
| 20 | | administration and enforcement of this Act and the Video |
| 21 | | Gaming Act, (ii) for distribution to the Illinois State Police |
| 22 | | and to the Department of Revenue for the enforcement of this |
| 23 | | Act and the Video Gaming Act, and (iii) to the
Department of |
| 24 | | Human Services for the administration of programs to treat
|
| 25 | | problem gambling, including problem gambling from sports |
| 26 | | wagering. The Board's annual appropriations request must |
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| 1 | | separately state its funding needs for the regulation of |
| 2 | | gaming authorized under Section 7.7, riverboat gaming, casino |
| 3 | | gaming, video gaming, and sports wagering.
|
| 4 | | (c-2) An amount equal to 2% of the adjusted gross receipts |
| 5 | | generated by an organization gaming facility located within a |
| 6 | | home rule county with a population of over 3,000,000 |
| 7 | | inhabitants shall be paid, subject to appropriation
from the |
| 8 | | General Assembly, from the State Gaming Fund to the home rule
|
| 9 | | county in which the organization gaming licensee is located |
| 10 | | for the purpose of
enhancing the county's criminal justice |
| 11 | | system. |
| 12 | | (c-3) Appropriations, as approved by the General Assembly, |
| 13 | | may be made from the tax revenue deposited into the State |
| 14 | | Gaming Fund from organization gaming licensees pursuant to |
| 15 | | this Section for the administration and enforcement of this |
| 16 | | Act.
|
| 17 | | (c-4) After payments required under subsections (b), |
| 18 | | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
| 19 | | the tax revenue from organization gaming licensees deposited |
| 20 | | into the State Gaming Fund under this Section, all remaining |
| 21 | | amounts from organization gaming licensees shall be |
| 22 | | transferred into the Capital Projects Fund. |
| 23 | | (c-5) (Blank).
|
| 24 | | (c-10) Each year the General Assembly shall appropriate |
| 25 | | from the General
Revenue Fund to the Education Assistance Fund |
| 26 | | an amount equal to the amount
paid into the Horse Racing Equity |
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| 1 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
|
| 2 | | (c-15) After the payments required under subsections (b), |
| 3 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
| 4 | | adjusted gross receipts of (1)
an owners licensee that |
| 5 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
| 6 | | conducting riverboat gambling operations pursuant to
an
owners |
| 7 | | license that is initially issued after June 25, 1999,
or (3) |
| 8 | | the first
riverboat gambling operations conducted by a |
| 9 | | licensed manager on behalf of the
State under Section 7.3,
|
| 10 | | whichever comes first, shall be paid, subject to appropriation
|
| 11 | | from the General Assembly, from the State Gaming Fund to each |
| 12 | | home rule
county with a population of over 3,000,000 |
| 13 | | inhabitants for the purpose of
enhancing the county's criminal |
| 14 | | justice system.
|
| 15 | | (c-20) Each year the General Assembly shall appropriate |
| 16 | | from the General
Revenue Fund to the Education Assistance Fund |
| 17 | | an amount equal to the amount
paid to each home rule county |
| 18 | | with a population of over 3,000,000 inhabitants
pursuant to |
| 19 | | subsection (c-15) in the prior calendar year.
|
| 20 | | (c-21) After the payments required under subsections (b), |
| 21 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
| 22 | | been made, an amount equal to 0.5% of the adjusted gross |
| 23 | | receipts generated by the owners licensee under paragraph (1) |
| 24 | | of subsection (e-5) of Section 7 shall be paid monthly, |
| 25 | | subject to appropriation
from the General Assembly, from the |
| 26 | | State Gaming Fund to the home rule
county in which the owners |
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| 1 | | licensee is located for the purpose of
enhancing the county's |
| 2 | | criminal justice system. |
| 3 | | (c-22) After the payments required under subsections (b), |
| 4 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
| 5 | | (c-21) have been made, an amount equal to 2% of the adjusted |
| 6 | | gross receipts generated by the owners licensee under |
| 7 | | paragraph (5) of subsection (e-5) of Section 7 shall be paid, |
| 8 | | subject to appropriation
from the General Assembly, from the |
| 9 | | State Gaming Fund to the home rule
county in which the owners |
| 10 | | licensee is located for the purpose of
enhancing the county's |
| 11 | | criminal justice system. |
| 12 | | (c-25) From July 1, 2013 and each July 1 thereafter |
| 13 | | through July 1, 2019, $1,600,000 shall be transferred from the |
| 14 | | State Gaming Fund to the Chicago State University Education |
| 15 | | Improvement Fund.
|
| 16 | | On July 1, 2020 and each July 1 thereafter, $3,000,000 |
| 17 | | shall be transferred from the State Gaming Fund to the Chicago |
| 18 | | State University Education Improvement Fund. |
| 19 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
| 20 | | $92,000,000 shall be transferred from the State Gaming Fund to |
| 21 | | the School Infrastructure Fund and $23,000,000 shall be |
| 22 | | transferred from the State Gaming Fund to the Horse Racing |
| 23 | | Equity Fund. |
| 24 | | (c-35) Beginning on July 1, 2013, in addition to any |
| 25 | | amount transferred under subsection (c-30) of this Section, |
| 26 | | $5,530,000 shall be transferred monthly from the State Gaming |
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| 1 | | Fund to the School Infrastructure Fund. |
| 2 | | (d) From time to time, through June 30, 2021, the
Board |
| 3 | | shall transfer the remainder of the funds
generated by this |
| 4 | | Act into the Education
Assistance Fund.
|
| 5 | | (d-5) Beginning on July 1, 2021, on the last day of each |
| 6 | | month, or as soon thereafter as possible, after all the |
| 7 | | required expenditures, distributions, and transfers have been |
| 8 | | made from the State Gaming Fund for the month pursuant to |
| 9 | | subsections (b) through (c-35), at the direction of the Board, |
| 10 | | the Comptroller shall direct and the Treasurer shall transfer |
| 11 | | $22,500,000, along with any deficiencies in such amounts from |
| 12 | | prior months in the same fiscal year, from the State Gaming |
| 13 | | Fund to the Education Assistance Fund; then, at the direction |
| 14 | | of the Board, the Comptroller shall direct and the Treasurer |
| 15 | | shall transfer the remainder of the funds generated by this |
| 16 | | Act, if any, from the State Gaming Fund to the Capital Projects |
| 17 | | Fund. |
| 18 | | (e) Nothing in this Act shall prohibit the unit of local |
| 19 | | government
designated as the home dock of the riverboat from |
| 20 | | entering into agreements
with other units of local government |
| 21 | | in this State or in other states to
share its portion of the |
| 22 | | tax revenue.
|
| 23 | | (f) To the extent practicable, the Board shall administer |
| 24 | | and collect the
wagering taxes imposed by this Section in a |
| 25 | | manner consistent with the
provisions of Sections 4, 5, 5a, |
| 26 | | 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of |
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| 1 | | the Retailers' Occupation Tax Act and Section 3-7 of the
|
| 2 | | Uniform Penalty and Interest Act.
|
| 3 | | (Source: P.A. 101-31, Article 25, Section 25-910, eff. |
| 4 | | 6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; |
| 5 | | 101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff. |
| 6 | | 8-20-21; 102-689, eff. 12-17-21; 102-699, eff. 4-19-22.)
|
| 7 | | Article 115.
|
| 8 | | Section 115-5. The Cannabis Regulation and Tax Act is |
| 9 | | amended by changing Sections 15-25, 15-35, and 15-35.10 as |
| 10 | | follows:
|
| 11 | | (410 ILCS 705/15-25)
|
| 12 | | Sec. 15-25. Awarding of Conditional Adult Use Dispensing |
| 13 | | Organization Licenses prior to January 1, 2021. |
| 14 | | (a) The Department shall issue up to 75 Conditional Adult |
| 15 | | Use Dispensing Organization Licenses before May 1, 2020. |
| 16 | | (b) The Department shall make the application for a |
| 17 | | Conditional Adult Use Dispensing Organization License |
| 18 | | available no later than October 1, 2019 and shall accept |
| 19 | | applications no later than January 1, 2020. |
| 20 | | (c) To ensure the geographic dispersion of Conditional |
| 21 | | Adult Use Dispensing Organization License holders, the |
| 22 | | following number of licenses shall be awarded in each BLS |
| 23 | | Region as determined by each region's percentage of the |
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| 1 | | State's population: |
| 2 | | (1) Bloomington: 1 |
| 3 | | (2) Cape Girardeau: 1 |
| 4 | | (3) Carbondale-Marion: 1 |
| 5 | | (4) Champaign-Urbana: 1 |
| 6 | | (5) Chicago-Naperville-Elgin: 47 |
| 7 | | (6) Danville: 1 |
| 8 | | (7) Davenport-Moline-Rock Island: 1 |
| 9 | | (8) Decatur: 1 |
| 10 | | (9) Kankakee: 1 |
| 11 | | (10) Peoria: 3 |
| 12 | | (11) Rockford: 2 |
| 13 | | (12) St. Louis: 4 |
| 14 | | (13) Springfield: 1 |
| 15 | | (14) Northwest Illinois nonmetropolitan: 3 |
| 16 | | (15) West Central Illinois nonmetropolitan: 3 |
| 17 | | (16) East Central Illinois nonmetropolitan: 2 |
| 18 | | (17) South Illinois nonmetropolitan: 2 |
| 19 | | (d) An applicant seeking issuance of a Conditional Adult |
| 20 | | Use Dispensing Organization License shall submit an |
| 21 | | application on forms provided by the Department. An applicant |
| 22 | | must meet the following requirements: |
| 23 | | (1) Payment of a nonrefundable application fee of |
| 24 | | $5,000 for each license for which the applicant is |
| 25 | | applying, which shall be deposited into the Cannabis |
| 26 | | Regulation Fund; |
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| 1 | | (2) Certification that the applicant will comply with |
| 2 | | the requirements contained in this Act; |
| 3 | | (3) The legal name of the proposed dispensing |
| 4 | | organization; |
| 5 | | (4) A statement that the dispensing organization |
| 6 | | agrees to respond to the Department's supplemental |
| 7 | | requests for information; |
| 8 | | (5) From each principal officer, a statement |
| 9 | | indicating whether that person: |
| 10 | | (A) has previously held or currently holds an |
| 11 | | ownership interest in a cannabis business |
| 12 | | establishment in Illinois; or |
| 13 | | (B) has held an ownership interest in a dispensing |
| 14 | | organization or its equivalent in another state or |
| 15 | | territory of the United States that had the dispensing |
| 16 | | organization registration or license suspended, |
| 17 | | revoked, placed on probationary status, or subjected |
| 18 | | to other disciplinary action; |
| 19 | | (6) Disclosure of whether any principal officer has |
| 20 | | ever filed for bankruptcy or defaulted on spousal support |
| 21 | | or child support obligation; |
| 22 | | (7) A resume for each principal officer, including |
| 23 | | whether that person has an academic degree, certification, |
| 24 | | or relevant experience with a cannabis business |
| 25 | | establishment or in a related industry; |
| 26 | | (8) A description of the training and education that |
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| 1 | | will be provided to dispensing organization agents; |
| 2 | | (9) A copy of the proposed operating bylaws; |
| 3 | | (10) A copy of the proposed business plan that |
| 4 | | complies with the requirements in this Act, including, at |
| 5 | | a minimum, the following: |
| 6 | | (A) A description of services to be offered; and |
| 7 | | (B) A description of the process of dispensing |
| 8 | | cannabis; |
| 9 | | (11) A copy of the proposed security plan that |
| 10 | | complies with the requirements in this Article, including: |
| 11 | | (A) The process or controls that will be |
| 12 | | implemented to monitor the dispensary, secure the |
| 13 | | premises, agents, and currency, and prevent the |
| 14 | | diversion, theft, or loss of cannabis; and |
| 15 | | (B) The process to ensure that access to the |
| 16 | | restricted access areas is restricted to, registered |
| 17 | | agents, service professionals, transporting |
| 18 | | organization agents, Department inspectors, and |
| 19 | | security personnel; |
| 20 | | (12) A proposed inventory control plan that complies |
| 21 | | with this Section; |
| 22 | | (13) A proposed floor plan, a square footage estimate, |
| 23 | | and a description of proposed security devices, including, |
| 24 | | without limitation, cameras, motion detectors, servers, |
| 25 | | video storage capabilities, and alarm service providers; |
| 26 | | (14) The name, address, social security number, and |
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| 1 | | date of birth of each principal officer and board member |
| 2 | | of the dispensing organization; each of those individuals |
| 3 | | shall be at least 21 years of age; |
| 4 | | (15) Evidence of the applicant's status as a Social |
| 5 | | Equity Applicant, if applicable, and whether a Social |
| 6 | | Equity Applicant plans to apply for a loan or grant issued |
| 7 | | by the Department of Commerce and Economic Opportunity; |
| 8 | | (16) The address, telephone number, and email address |
| 9 | | of the applicant's principal place of business, if |
| 10 | | applicable. A post office box is not permitted; |
| 11 | | (17) Written summaries of any information regarding |
| 12 | | instances in which a business or not-for-profit that a |
| 13 | | prospective board member previously managed or served on |
| 14 | | were fined or censured, or any instances in which a |
| 15 | | business or not-for-profit that a prospective board member |
| 16 | | previously managed or served on had its registration |
| 17 | | suspended or revoked in any administrative or judicial |
| 18 | | proceeding; |
| 19 | | (18) A plan for community engagement; |
| 20 | | (19) Procedures to ensure accurate recordkeeping and |
| 21 | | security measures that are in accordance with this Article |
| 22 | | and Department rules; |
| 23 | | (20) The estimated volume of cannabis it plans to |
| 24 | | store at the dispensary; |
| 25 | | (21) A description of the features that will provide |
| 26 | | accessibility to purchasers as required by the Americans |
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| 1 | | with Disabilities Act; |
| 2 | | (22) A detailed description of air treatment systems |
| 3 | | that will be installed to reduce odors; |
| 4 | | (23) A reasonable assurance that the issuance of a |
| 5 | | license will not have a detrimental impact on the |
| 6 | | community in which the applicant wishes to locate; |
| 7 | | (24) The dated signature of each principal officer; |
| 8 | | (25) A description of the enclosed, locked facility |
| 9 | | where cannabis will be stored by the dispensing |
| 10 | | organization; |
| 11 | | (26) Signed statements from each dispensing |
| 12 | | organization agent stating that he or she will not divert |
| 13 | | cannabis; |
| 14 | | (27) The number of licenses it is applying for in each |
| 15 | | BLS Region; |
| 16 | | (28) A diversity plan that includes a narrative of at |
| 17 | | least 2,500 words that establishes a goal of diversity in |
| 18 | | ownership, management, employment, and contracting to |
| 19 | | ensure that diverse participants and groups are afforded |
| 20 | | equality of opportunity; |
| 21 | | (29) A contract with a private security contractor |
| 22 | | agency that is licensed under Section 10-5 of the Private |
| 23 | | Detective, Private Alarm, Private Security, Fingerprint |
| 24 | | Vendor, and Locksmith Act of 2004 in order for the |
| 25 | | dispensary to have adequate security at its facility; and |
| 26 | | (30) Other information deemed necessary by the |
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| 1 | | Illinois Cannabis Regulation Oversight Officer to conduct |
| 2 | | the disparity and availability study referenced in |
| 3 | | subsection (e) of Section 5-45. |
| 4 | | (e) An applicant who receives a Conditional Adult Use |
| 5 | | Dispensing Organization License under this Section has 180 |
| 6 | | days from the date of award to identify a physical location for |
| 7 | | the dispensing organization retail storefront. The applicant |
| 8 | | shall provide evidence that the location is not within 1,500 |
| 9 | | feet of an existing dispensing organization, unless the |
| 10 | | applicant is a Social Equity Applicant or Social Equity |
| 11 | | Justice Involved Applicant located or seeking to locate within |
| 12 | | 1,500 feet of a dispensing organization licensed under Section |
| 13 | | 15-15 or Section 15-20. If an applicant is unable to find a |
| 14 | | suitable physical address in the opinion of the Department |
| 15 | | within 180 days of the issuance of the Conditional Adult Use |
| 16 | | Dispensing Organization License, the Department may extend the |
| 17 | | period for finding a physical address an additional 540 |
| 18 | | another 180 days if the Conditional Adult Use Dispensing |
| 19 | | Organization License holder demonstrates concrete attempts to |
| 20 | | secure a location and a hardship. If the Department denies the |
| 21 | | extension or the Conditional Adult Use Dispensing Organization |
| 22 | | License holder is unable to find a location or become |
| 23 | | operational within 720 360 days of being awarded a conditional |
| 24 | | license, the Department shall rescind the conditional license |
| 25 | | and award it to the next highest scoring applicant in the BLS |
| 26 | | Region for which the license was assigned, provided the |
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| 1 | | applicant receiving the license: (i) confirms a continued |
| 2 | | interest in operating a dispensing organization; (ii) can |
| 3 | | provide evidence that the applicant continues to meet all |
| 4 | | requirements for holding a Conditional Adult Use Dispensing |
| 5 | | Organization License set forth in this Act; and (iii) has not |
| 6 | | otherwise become ineligible to be awarded a dispensing |
| 7 | | organization license. If the new awardee is unable to accept |
| 8 | | the Conditional Adult Use Dispensing Organization License, the |
| 9 | | Department shall award the Conditional Adult Use Dispensing |
| 10 | | Organization License to the next highest scoring applicant in |
| 11 | | the same manner. The new awardee shall be subject to the same |
| 12 | | required deadlines as provided in this subsection. |
| 13 | | (e-5) If, within 720 180 days of being awarded a |
| 14 | | Conditional Adult Use Dispensing Organization License, a |
| 15 | | dispensing organization is unable to find a location within |
| 16 | | the BLS Region in which it was awarded a Conditional Adult Use |
| 17 | | Dispensing Organization License because no jurisdiction within |
| 18 | | the BLS Region allows for the operation of an Adult Use |
| 19 | | Dispensing Organization, the Department of Financial and |
| 20 | | Professional Regulation may authorize the Conditional Adult |
| 21 | | Use Dispensing Organization License holder to transfer its |
| 22 | | license to a BLS Region specified by the Department. |
| 23 | | (f) A dispensing organization that is awarded a |
| 24 | | Conditional Adult Use Dispensing Organization License pursuant |
| 25 | | to the criteria in Section 15-30 shall not purchase, possess, |
| 26 | | sell, or dispense cannabis or cannabis-infused products until |
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| 1 | | the person has received an Adult Use Dispensing Organization |
| 2 | | License issued by the Department pursuant to Section 15-36 of |
| 3 | | this Act. |
| 4 | | (g) The Department shall conduct a background check of the |
| 5 | | prospective organization agents in order to carry out this |
| 6 | | Article. The Illinois State Police shall charge the applicant |
| 7 | | a fee for conducting the criminal history record check, which |
| 8 | | shall be deposited into the State Police Services Fund and |
| 9 | | shall not exceed the actual cost of the record check. Each |
| 10 | | person applying as a dispensing organization agent shall |
| 11 | | submit a full set of fingerprints to the Illinois State Police |
| 12 | | for the purpose of obtaining a State and federal criminal |
| 13 | | records check. These fingerprints shall be checked against the |
| 14 | | fingerprint records now and hereafter, to the extent allowed |
| 15 | | by law, filed in the Illinois State Police and Federal Bureau |
| 16 | | of Identification criminal history records databases. The |
| 17 | | Illinois State Police shall furnish, following positive |
| 18 | | identification, all Illinois conviction information to the |
| 19 | | Department.
|
| 20 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 21 | | 102-98, eff. 7-15-21; 102-538, eff. 8-20-21; 102-813, eff. |
| 22 | | 5-13-22.)
|
| 23 | | (410 ILCS 705/15-35)
|
| 24 | | Sec. 15-35. Qualifying Applicant Lottery for Conditional |
| 25 | | Adult Use Dispensing Organization Licenses. |
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| | 10300HB3817sam003 | - 735 - | LRB103 30519 JDS 62537 a |
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| 1 | | (a) In addition to any of the licenses issued under |
| 2 | | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, |
| 3 | | or Section 15-35.10 of this Act, within 10 business days after |
| 4 | | the resulting final scores for all scored applications |
| 5 | | pursuant to Sections 15-25 and 15-30 are released, the |
| 6 | | Department shall issue up to 55 Conditional Adult Use |
| 7 | | Dispensing Organization Licenses by lot, pursuant to the |
| 8 | | application process adopted under this Section. In order to be |
| 9 | | eligible to be awarded a Conditional Adult Use Dispensing |
| 10 | | Organization License by lot under this Section, a Dispensary |
| 11 | | Applicant must be a Qualifying Applicant. |
| 12 | | The licenses issued under this Section shall be awarded in |
| 13 | | each BLS Region in the following amounts: |
| 14 | | (1) Bloomington: 1. |
| 15 | | (2) Cape Girardeau: 1. |
| 16 | | (3) Carbondale-Marion: 1. |
| 17 | | (4) Champaign-Urbana: 1. |
| 18 | | (5) Chicago-Naperville-Elgin: 36. |
| 19 | | (6) Danville: 1. |
| 20 | | (7) Davenport-Moline-Rock Island: 1. |
| 21 | | (8) Decatur: 1. |
| 22 | | (9) Kankakee: 1. |
| 23 | | (10) Peoria: 2. |
| 24 | | (11) Rockford: 1. |
| 25 | | (12) St. Louis: 3. |
| 26 | | (13) Springfield: 1. |
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| | 10300HB3817sam003 | - 736 - | LRB103 30519 JDS 62537 a |
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| 1 | | (14) Northwest Illinois nonmetropolitan: 1. |
| 2 | | (15) West Central Illinois nonmetropolitan: 1. |
| 3 | | (16) East Central Illinois nonmetropolitan: 1. |
| 4 | | (17) South Illinois nonmetropolitan: 1. |
| 5 | | (a-5) Prior to issuing licenses under subsection (a), the |
| 6 | | Department may adopt rules through emergency rulemaking in |
| 7 | | accordance with subsection (kk) of Section 5-45 of the |
| 8 | | Illinois Administrative Procedure Act. The General Assembly |
| 9 | | finds that the adoption of rules to regulate cannabis use is |
| 10 | | deemed an emergency and necessary for the public interest, |
| 11 | | safety, and welfare. |
| 12 | | (b) The Department shall distribute the available licenses |
| 13 | | established under this Section subject to the following: |
| 14 | | (1) The drawing by lot for all available licenses |
| 15 | | issued under this Section shall occur on the same day when |
| 16 | | practicable. |
| 17 | | (2) Within each BLS Region, the first Qualifying |
| 18 | | Applicant drawn will have the first right to an available |
| 19 | | license. The second Qualifying Applicant drawn will have |
| 20 | | the second right to an available license. The same pattern |
| 21 | | will continue for each subsequent Qualifying Applicant |
| 22 | | drawn. |
| 23 | | (3) The process for distributing available licenses |
| 24 | | under this Section shall be recorded by the Department in |
| 25 | | a format selected by the Department. |
| 26 | | (4) A Dispensary Applicant is prohibited from becoming |
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| | 10300HB3817sam003 | - 737 - | LRB103 30519 JDS 62537 a |
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| 1 | | a Qualifying Applicant if a principal officer resigns |
| 2 | | after the resulting final scores for all scored |
| 3 | | applications pursuant to Sections 15-25 and 15-30 are |
| 4 | | released. |
| 5 | | (5) No Qualifying Applicant may be awarded more than 2 |
| 6 | | Conditional Adult Use Dispensing Organization Licenses at |
| 7 | | the conclusion of a lottery conducted under this Section. |
| 8 | | (6) No individual may be listed as a principal officer |
| 9 | | of more than 2 Conditional Adult Use Dispensing |
| 10 | | Organization Licenses awarded under this Section. |
| 11 | | (7) If, upon being selected for an available license |
| 12 | | established under this Section, a Qualifying Applicant |
| 13 | | exceeds the limits under paragraph (5) or (6), the |
| 14 | | Qualifying Applicant must choose which license to abandon |
| 15 | | and notify the Department in writing within 5 business |
| 16 | | days. If the Qualifying Applicant does not notify the |
| 17 | | Department as required, the Department shall refuse to |
| 18 | | issue the Qualifying Applicant all available licenses |
| 19 | | established under this Section obtained by lot in all BLS |
| 20 | | Regions. |
| 21 | | (8) If, upon being selected for an available license |
| 22 | | established under this Section, a Qualifying Applicant has |
| 23 | | a principal officer who is a principal officer in more |
| 24 | | than 10 Early Approval Adult Use Dispensing Organization |
| 25 | | Licenses, Conditional Adult Use Dispensing Organization |
| 26 | | Licenses, Adult Use Dispensing Organization Licenses, or |
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| | 10300HB3817sam003 | - 738 - | LRB103 30519 JDS 62537 a |
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| 1 | | any combination thereof, the licensees and the Qualifying |
| 2 | | Applicant listing that principal officer must choose which |
| 3 | | license to abandon pursuant to subsection (d) of Section |
| 4 | | 15-36 and notify the Department in writing within 5 |
| 5 | | business days. If the Qualifying Applicant or licensees do |
| 6 | | not notify the Department as required, the Department |
| 7 | | shall refuse to issue the Qualifying Applicant all |
| 8 | | available licenses established under this Section obtained |
| 9 | | by lot in all BLS Regions. |
| 10 | | (9) All available licenses that have been abandoned |
| 11 | | under paragraph (7) or (8) shall be distributed to the |
| 12 | | next Qualifying Applicant drawn by lot. |
| 13 | | Any and all rights conferred or obtained under this |
| 14 | | Section shall be limited to the provisions of this Section. |
| 15 | | (c) An applicant who receives a Conditional Adult Use |
| 16 | | Dispensing Organization License under this Section has 180 |
| 17 | | days from the date it is awarded to identify a physical |
| 18 | | location for the dispensing organization's retail storefront. |
| 19 | | The applicant shall provide evidence that the location is not |
| 20 | | within 1,500 feet of an existing dispensing organization, |
| 21 | | unless the applicant is a Social Equity Applicant or Social |
| 22 | | Equity Justice Involved Applicant located or seeking to locate |
| 23 | | within 1,500 feet of a dispensing organization licensed under |
| 24 | | Section 15-15 or Section 15-20. If an applicant is unable to |
| 25 | | find a suitable physical address in the opinion of the |
| 26 | | Department within 180 days from the issuance of the |
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| | 10300HB3817sam003 | - 739 - | LRB103 30519 JDS 62537 a |
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| 1 | | Conditional Adult Use Dispensing Organization License, the |
| 2 | | Department may extend the period for finding a physical |
| 3 | | address an additional 540 another 180 days if the Conditional |
| 4 | | Adult Use Dispensing Organization License holder demonstrates |
| 5 | | a concrete attempt to secure a location and a hardship. If the |
| 6 | | Department denies the extension or the Conditional Adult Use |
| 7 | | Dispensing Organization License holder is unable to find a |
| 8 | | location or become operational within 720 360 days of being |
| 9 | | awarded a Conditional Adult Use Dispensing Organization |
| 10 | | License under this Section, the Department shall rescind the |
| 11 | | Conditional Adult Use Dispensing Organization License and |
| 12 | | award it pursuant to subsection (b), provided the applicant |
| 13 | | receiving the Conditional Adult Use Dispensing Organization |
| 14 | | License: (i) confirms a continued interest in operating a |
| 15 | | dispensing organization; (ii) can provide evidence that the |
| 16 | | applicant continues to meet all requirements for holding a |
| 17 | | Conditional Adult Use Dispensing Organization License set |
| 18 | | forth in this Act; and (iii) has not otherwise become |
| 19 | | ineligible to be awarded a Conditional Adult Use Dispensing |
| 20 | | Organization License. If the new awardee is unable to accept |
| 21 | | the Conditional Adult Use Dispensing Organization License, the |
| 22 | | Department shall award the Conditional Adult Use Dispensing |
| 23 | | Organization License pursuant to subsection (b). The new |
| 24 | | awardee shall be subject to the same required deadlines as |
| 25 | | provided in this subsection. |
| 26 | | (d) If, within 720 180 days of being awarded a Conditional |
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| 1 | | Adult Use Dispensing Organization License, a dispensing |
| 2 | | organization is unable to find a location within the BLS |
| 3 | | Region in which it was awarded a Conditional Adult Use |
| 4 | | Dispensing Organization License because no jurisdiction within |
| 5 | | the BLS Region allows for the operation of an Adult Use |
| 6 | | Dispensing Organization, the Department may authorize the |
| 7 | | Conditional Adult Use Dispensing Organization License holder |
| 8 | | to transfer its Conditional Adult Use Dispensing Organization |
| 9 | | License to a BLS Region specified by the Department. |
| 10 | | (e) A dispensing organization that is awarded a |
| 11 | | Conditional Adult Use Dispensing Organization License under |
| 12 | | this Section shall not purchase, possess, sell, or dispense |
| 13 | | cannabis or cannabis-infused products until the dispensing |
| 14 | | organization has received an Adult Use Dispensing Organization |
| 15 | | License issued by the Department pursuant to Section 15-36. |
| 16 | | (f) The Department shall conduct a background check of the |
| 17 | | prospective dispensing organization agents in order to carry |
| 18 | | out this Article. The Illinois State Police shall charge the |
| 19 | | applicant a fee for conducting the criminal history record |
| 20 | | check, which shall be deposited into the State Police Services |
| 21 | | Fund and shall not exceed the actual cost of the record check. |
| 22 | | Each person applying as a dispensing organization agent shall |
| 23 | | submit a full set of fingerprints to the Illinois State Police |
| 24 | | for the purpose of obtaining a State and federal criminal |
| 25 | | records check. These fingerprints shall be checked against the |
| 26 | | fingerprint records now and hereafter, to the extent allowed |
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| | 10300HB3817sam003 | - 741 - | LRB103 30519 JDS 62537 a |
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| 1 | | by law, filed with the Illinois State Police and the Federal |
| 2 | | Bureau of Investigation criminal history records databases. |
| 3 | | The Illinois State Police shall furnish, following positive |
| 4 | | identification, all Illinois conviction information to the |
| 5 | | Department. |
| 6 | | (g) The Department may verify information contained in |
| 7 | | each application and accompanying documentation to assess the |
| 8 | | applicant's veracity and fitness to operate a dispensing |
| 9 | | organization. |
| 10 | | (h) The Department may, in its discretion, refuse to issue |
| 11 | | authorization to an applicant who meets any of the following |
| 12 | | criteria: |
| 13 | | (1) An applicant who is unqualified to perform the |
| 14 | | duties required
of the applicant. |
| 15 | | (2) An applicant who fails to disclose or states |
| 16 | | falsely any
information called for in the application. |
| 17 | | (3) An applicant who has been found guilty of a |
| 18 | | violation of this Act, who has had any disciplinary order |
| 19 | | entered against the applicant by the Department, who has |
| 20 | | entered into a disciplinary or nondisciplinary agreement |
| 21 | | with the Department, whose medical cannabis dispensing |
| 22 | | organization, medical cannabis cultivation organization, |
| 23 | | Early Approval Adult Use Dispensing Organization License, |
| 24 | | Early Approval Adult Use Dispensing Organization License |
| 25 | | at a secondary site, Early Approval Cultivation Center |
| 26 | | License, Conditional Adult Use Dispensing Organization |
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| | 10300HB3817sam003 | - 742 - | LRB103 30519 JDS 62537 a |
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| 1 | | License, or Adult Use Dispensing Organization License was |
| 2 | | suspended, restricted, revoked, or denied for just cause, |
| 3 | | or whose cannabis business establishment license was |
| 4 | | suspended, restricted, revoked, or denied in any other |
| 5 | | state. |
| 6 | | (4) An applicant who has engaged in a pattern or |
| 7 | | practice of unfair or illegal practices, methods, or |
| 8 | | activities in the conduct of owning a cannabis business |
| 9 | | establishment or other business. |
| 10 | | (i) The Department shall deny issuance of a license under |
| 11 | | this Section if any principal officer, board member, or person |
| 12 | | having a financial or voting interest of 5% or greater in the |
| 13 | | licensee is delinquent in filing any required tax return or |
| 14 | | paying any amount owed to the State of Illinois. |
| 15 | | (j) The Department shall verify an applicant's compliance |
| 16 | | with the requirements of this Article and rules adopted under |
| 17 | | this Article before issuing a Conditional Adult Use Dispensing |
| 18 | | Organization License under this Section. |
| 19 | | (k) If an applicant is awarded a Conditional Adult Use |
| 20 | | Dispensing Organization License under this Section, the |
| 21 | | information and plans provided in the application, including |
| 22 | | any plans submitted for bonus points, shall become a condition |
| 23 | | of the Conditional Adult Use Dispensing Organization License |
| 24 | | and any Adult Use Dispensing Organization License issued to |
| 25 | | the holder of the Conditional Adult Use Dispensing |
| 26 | | Organization License, except as otherwise provided by this Act |
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| | 10300HB3817sam003 | - 743 - | LRB103 30519 JDS 62537 a |
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| 1 | | or by rule. A dispensing organization has a duty to disclose |
| 2 | | any material changes to the application. The Department shall |
| 3 | | review all material changes disclosed by the dispensing |
| 4 | | organization and may reevaluate its prior decision regarding |
| 5 | | the awarding of a Conditional Adult Use Dispensing |
| 6 | | Organization License, including, but not limited to, |
| 7 | | suspending or permanently revoking a Conditional Adult Use |
| 8 | | Dispensing Organization License. Failure to comply with the |
| 9 | | conditions or requirements in the application may subject the |
| 10 | | dispensing organization to discipline up to and including |
| 11 | | suspension or permanent revocation of its authorization or |
| 12 | | Conditional Adult Use Dispensing Organization License by the |
| 13 | | Department. |
| 14 | | (l) If an applicant has not begun operating as a |
| 15 | | dispensing organization within one year after the issuance of |
| 16 | | the Conditional Adult Use Dispensing Organization License |
| 17 | | under this Section, the Department may permanently revoke the |
| 18 | | Conditional Adult Use Dispensing Organization License and |
| 19 | | award it to the next highest scoring applicant in the BLS |
| 20 | | Region if a suitable applicant indicates a continued interest |
| 21 | | in the Conditional Adult Use Dispensing Organization License |
| 22 | | or may begin a new selection process to award a Conditional |
| 23 | | Adult Use Dispensing Organization License.
|
| 24 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; |
| 25 | | 102-98, eff. 7-15-21.)
|
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| | 10300HB3817sam003 | - 744 - | LRB103 30519 JDS 62537 a |
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| 1 | | (410 ILCS 705/15-35.10) |
| 2 | | Sec. 15-35.10. Social Equity Justice Involved Lottery for |
| 3 | | Conditional Adult Use Dispensing Organization Licenses. |
| 4 | | (a) In addition to any of the licenses issued under |
| 5 | | Section 15-15, Section 15-20, Section 15-25, Section 15-30.20, |
| 6 | | or Section 15-35, within 10 business days after the resulting |
| 7 | | final scores for all scored applications pursuant to Sections |
| 8 | | 15-25 and 15-30 are released, the Department shall issue up to |
| 9 | | 55 Conditional Adult Use Dispensing Organization Licenses by |
| 10 | | lot, pursuant to the application process adopted under this |
| 11 | | Section. In order to be eligible to be awarded a Conditional |
| 12 | | Adult Use Dispensing Organization License by lot, a Dispensary |
| 13 | | Applicant must be a Qualifying Social Equity Justice Involved |
| 14 | | Applicant. |
| 15 | | The licenses issued under this Section shall be awarded in |
| 16 | | each BLS Region in the following amounts: |
| 17 | | (1) Bloomington: 1. |
| 18 | | (2) Cape Girardeau: 1. |
| 19 | | (3) Carbondale-Marion: 1. |
| 20 | | (4) Champaign-Urbana: 1. |
| 21 | | (5) Chicago-Naperville-Elgin: 36. |
| 22 | | (6) Danville: 1. |
| 23 | | (7) Davenport-Moline-Rock Island: 1. |
| 24 | | (8) Decatur: 1. |
| 25 | | (9) Kankakee: 1. |
| 26 | | (10) Peoria: 2. |
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| | 10300HB3817sam003 | - 745 - | LRB103 30519 JDS 62537 a |
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| 1 | | (11) Rockford: 1. |
| 2 | | (12) St. Louis: 3. |
| 3 | | (13) Springfield: 1. |
| 4 | | (14) Northwest Illinois nonmetropolitan: 1. |
| 5 | | (15) West Central Illinois nonmetropolitan: 1. |
| 6 | | (16) East Central Illinois nonmetropolitan: 1. |
| 7 | | (17) South Illinois nonmetropolitan: 1. |
| 8 | | (a-5) Prior to issuing licenses under subsection (a), the |
| 9 | | Department may adopt rules through emergency rulemaking in |
| 10 | | accordance with subsection (kk) of Section 5-45 of the |
| 11 | | Illinois Administrative Procedure Act. The General Assembly |
| 12 | | finds that the adoption of rules to regulate cannabis use is |
| 13 | | deemed an emergency and necessary for the public interest, |
| 14 | | safety, and welfare. |
| 15 | | (b) The Department shall distribute the available licenses |
| 16 | | established under this Section subject to the following: |
| 17 | | (1) The drawing by lot for all available licenses |
| 18 | | established under this Section shall occur on the same day |
| 19 | | when practicable. |
| 20 | | (2) Within each BLS Region, the first Qualifying |
| 21 | | Social Equity Justice Involved Applicant drawn will have |
| 22 | | the first right to an available license. The second |
| 23 | | Qualifying Social Equity Justice Involved Applicant drawn |
| 24 | | will have the second right to an available license. The |
| 25 | | same pattern will continue for each subsequent applicant |
| 26 | | drawn. |
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| | 10300HB3817sam003 | - 746 - | LRB103 30519 JDS 62537 a |
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| 1 | | (3) The process for distributing available licenses |
| 2 | | under this Section shall be recorded by the Department in |
| 3 | | a format selected by the Department. |
| 4 | | (4) A Dispensary Applicant is prohibited from becoming |
| 5 | | a Qualifying Social Equity Justice Involved Applicant if a |
| 6 | | principal officer resigns after the resulting final scores |
| 7 | | for all scored applications pursuant to Sections 15-25 and |
| 8 | | 15-30 are released. |
| 9 | | (5) No Qualifying Social Equity Justice Involved |
| 10 | | Applicant may be awarded more than 2 Conditional Adult Use |
| 11 | | Dispensing Organization Licenses at the conclusion of a |
| 12 | | lottery conducted under this Section. |
| 13 | | (6) No individual may be listed as a principal officer |
| 14 | | of more than 2 Conditional Adult Use Dispensing |
| 15 | | Organization Licenses awarded under this Section. |
| 16 | | (7) If, upon being selected for an available license |
| 17 | | established under this Section, a Qualifying Social Equity |
| 18 | | Justice Involved Applicant exceeds the limits under |
| 19 | | paragraph (5) or (6), the Qualifying Social Equity Justice |
| 20 | | Involved Applicant must choose which license to abandon |
| 21 | | and notify the Department in writing within 5 business |
| 22 | | days on forms prescribed by the Department. If the |
| 23 | | Qualifying Social Equity Justice Involved Applicant does |
| 24 | | not notify the Department as required, the Department |
| 25 | | shall refuse to issue the Qualifying Social Equity Justice |
| 26 | | Involved Applicant all available licenses established |
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| | 10300HB3817sam003 | - 747 - | LRB103 30519 JDS 62537 a |
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| 1 | | under this Section obtained by lot in all BLS Regions. |
| 2 | | (8) If, upon being selected for an available license |
| 3 | | established under this Section, a Qualifying Social Equity |
| 4 | | Justice Involved Applicant has a principal officer who is |
| 5 | | a principal officer in more than 10 Early Approval Adult |
| 6 | | Use Dispensing Organization Licenses, Conditional Adult |
| 7 | | Use Dispensing Organization Licenses, Adult Use Dispensing |
| 8 | | Organization Licenses, or any combination thereof, the |
| 9 | | licensees and the Qualifying Social Equity Justice |
| 10 | | Involved Applicant listing that principal officer must |
| 11 | | choose which license to abandon pursuant to subsection (d) |
| 12 | | of Section 15-36 and notify the Department in writing |
| 13 | | within 5 business days on forms prescribed by the |
| 14 | | Department. If the Dispensary Applicant or licensees do |
| 15 | | not notify the Department as required, the Department |
| 16 | | shall refuse to issue the Qualifying Social Equity Justice |
| 17 | | Involved Applicant all available licenses established |
| 18 | | under this Section obtained by lot in all BLS Regions. |
| 19 | | (9) All available licenses that have been abandoned |
| 20 | | under paragraph (7) or (8) shall be distributed to the |
| 21 | | next Qualifying Social Equity Justice Involved Applicant |
| 22 | | drawn by lot. |
| 23 | | Any and all rights conferred or obtained under this |
| 24 | | subsection shall be limited to the provisions of this |
| 25 | | subsection. |
| 26 | | (c) An applicant who receives a Conditional Adult Use |
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| | 10300HB3817sam003 | - 748 - | LRB103 30519 JDS 62537 a |
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| 1 | | Dispensing Organization License under this Section has 180 |
| 2 | | days from the date of the award to identify a physical location |
| 3 | | for the dispensing organization's retail storefront. The |
| 4 | | applicant shall provide evidence that the location is not |
| 5 | | within 1,500 feet of an existing dispensing organization, |
| 6 | | unless the applicant is a Social Equity Applicant or Social |
| 7 | | Equity Justice Involved Applicant located or seeking to locate |
| 8 | | within 1,500 feet of a dispensing organization licensed under |
| 9 | | Section 15-15 or Section 15-20. If an applicant is unable to |
| 10 | | find a suitable physical address in the opinion of the |
| 11 | | Department within 180 days from the issuance of the |
| 12 | | Conditional Adult Use Dispensing Organization License, the |
| 13 | | Department may extend the period for finding a physical |
| 14 | | address an additional 540 another 180 days if the Conditional |
| 15 | | Adult Use Dispensing Organization License holder demonstrates |
| 16 | | a concrete attempt to secure a location and a hardship. If the |
| 17 | | Department denies the extension or the Conditional Adult Use |
| 18 | | Dispensing Organization License holder is unable to find a |
| 19 | | location or become operational within 720 360 days of being |
| 20 | | awarded a Conditional Adult Use Dispensing Organization |
| 21 | | License under this Section, the Department shall rescind the |
| 22 | | Conditional Adult Use Dispensing Organization License and |
| 23 | | award it pursuant to subsection (b) and notify the new awardee |
| 24 | | at the email address provided in the awardee's application, |
| 25 | | provided the applicant receiving the Conditional Adult Use |
| 26 | | Dispensing Organization License: (i) confirms a continued |
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| | 10300HB3817sam003 | - 749 - | LRB103 30519 JDS 62537 a |
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| 1 | | interest in operating a dispensing organization; (ii) can |
| 2 | | provide evidence that the applicant continues to meet all |
| 3 | | requirements for holding a Conditional Adult Use Dispensing |
| 4 | | Organization License set forth in this Act; and (iii) has not |
| 5 | | otherwise become ineligible to be awarded a Conditional Adult |
| 6 | | Use Dispensing Organization License. If the new awardee is |
| 7 | | unable to accept the Conditional Adult Use Dispensing |
| 8 | | Organization License, the Department shall award the |
| 9 | | Conditional Adult Use Dispensing Organization License pursuant |
| 10 | | to subsection (b). The new awardee shall be subject to the same |
| 11 | | required deadlines as provided in this subsection. |
| 12 | | (d) If, within 180 days of being awarded a Conditional |
| 13 | | Adult Use Dispensing Organization License, a dispensing |
| 14 | | organization is unable to find a location within the BLS |
| 15 | | Region in which it was awarded a Conditional Adult Use |
| 16 | | Dispensing Organization License under this Section because no |
| 17 | | jurisdiction within the BLS Region allows for the operation of |
| 18 | | an Adult Use Dispensing Organization, the Department may |
| 19 | | authorize the Conditional Adult Use Dispensing Organization |
| 20 | | License holder to transfer its Conditional Adult Use |
| 21 | | Dispensing Organization License to a BLS Region specified by |
| 22 | | the Department. |
| 23 | | (e) A dispensing organization that is awarded a |
| 24 | | Conditional Adult Use Dispensing Organization License under |
| 25 | | this Section shall not purchase, possess, sell, or dispense |
| 26 | | cannabis or cannabis-infused products until the dispensing |
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| | 10300HB3817sam003 | - 750 - | LRB103 30519 JDS 62537 a |
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| 1 | | organization has received an Adult Use Dispensing Organization |
| 2 | | License issued by the Department pursuant to Section 15-36. |
| 3 | | (f) The Department shall conduct a background check of the |
| 4 | | prospective dispensing organization agents in order to carry |
| 5 | | out this Article. The Illinois State Police shall charge the |
| 6 | | applicant a fee for conducting the criminal history record |
| 7 | | check, which shall be deposited into the State Police Services |
| 8 | | Fund and shall not exceed the actual cost of the record check. |
| 9 | | Each person applying as a dispensing organization agent shall |
| 10 | | submit a full set of fingerprints to the Illinois State Police |
| 11 | | for the purpose of obtaining a State and federal criminal |
| 12 | | records check. These fingerprints shall be checked against the |
| 13 | | fingerprint records now and hereafter, to the extent allowed |
| 14 | | by law, filed with the Illinois State Police and the Federal |
| 15 | | Bureau of Investigation criminal history records databases. |
| 16 | | The Illinois State Police shall furnish, following positive |
| 17 | | identification, all Illinois conviction information to the |
| 18 | | Department. |
| 19 | | (g) The Department may verify information contained in |
| 20 | | each application and accompanying documentation to assess the |
| 21 | | applicant's veracity and fitness to operate a dispensing |
| 22 | | organization. |
| 23 | | (h) The Department may, in its discretion, refuse to issue |
| 24 | | an authorization to an applicant who meets any of the |
| 25 | | following criteria: |
| 26 | | (1) An applicant who is unqualified to perform the |
|
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| 1 | | duties required of the applicant. |
| 2 | | (2) An applicant who fails to disclose or states |
| 3 | | falsely any information called for in the application. |
| 4 | | (3) An applicant who has been found guilty of a |
| 5 | | violation of this Act, who has had any disciplinary order |
| 6 | | entered against the applicant by the Department, who has |
| 7 | | entered into a disciplinary or nondisciplinary agreement |
| 8 | | with the Department, whose medical cannabis dispensing |
| 9 | | organization, medical cannabis cultivation organization, |
| 10 | | Early Approval Adult Use Dispensing Organization License, |
| 11 | | Early Approval Adult Use Dispensing Organization License |
| 12 | | at a secondary site, Early Approval Cultivation Center |
| 13 | | License, Conditional Adult Use Dispensing Organization |
| 14 | | License, or Adult Use Dispensing Organization License was |
| 15 | | suspended, restricted, revoked, or denied for just cause, |
| 16 | | or whose cannabis business establishment license was |
| 17 | | suspended, restricted, revoked, or denied in any other |
| 18 | | state. |
| 19 | | (4) An applicant who has engaged in a pattern or |
| 20 | | practice of unfair or illegal practices, methods, or |
| 21 | | activities in the conduct of owning a cannabis business |
| 22 | | establishment or other business. |
| 23 | | (i) The Department shall deny the license if any principal |
| 24 | | officer, board member, or person having a financial or voting |
| 25 | | interest of 5% or greater in the licensee is delinquent in |
| 26 | | filing any required tax return or paying any amount owed to the |
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| 1 | | State of Illinois. |
| 2 | | (j) The Department shall verify an applicant's compliance |
| 3 | | with the requirements of this Article and rules adopted under |
| 4 | | this Article before issuing a Conditional Adult Use Dispensing |
| 5 | | Organization License. |
| 6 | | (k) If an applicant is awarded a Conditional Adult Use |
| 7 | | Dispensing Organization License under this Section, the |
| 8 | | information and plans provided in the application, including |
| 9 | | any plans submitted for bonus points, shall become a condition |
| 10 | | of the Conditional Adult Use Dispensing Organization License |
| 11 | | and any Adult Use Dispensing Organization License issued to |
| 12 | | the holder of the Conditional Adult Use Dispensing |
| 13 | | Organization License, except as otherwise provided by this Act |
| 14 | | or by rule. Dispensing organizations have a duty to disclose |
| 15 | | any material changes to the application. The Department shall |
| 16 | | review all material changes disclosed by the dispensing |
| 17 | | organization and may reevaluate its prior decision regarding |
| 18 | | the awarding of a Conditional Adult Use Dispensing |
| 19 | | Organization License, including, but not limited to, |
| 20 | | suspending or permanently revoking a Conditional Adult Use |
| 21 | | Dispensing Organization License. Failure to comply with the |
| 22 | | conditions or requirements in the application may subject the |
| 23 | | dispensing organization to discipline up to and including |
| 24 | | suspension or permanent revocation of its authorization or |
| 25 | | Conditional Adult Use Dispensing Organization License by the |
| 26 | | Department. |
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| 1 | | (l) If an applicant has not begun operating as a |
| 2 | | dispensing organization within one year after the issuance of |
| 3 | | the Conditional Adult Use Dispensing Organization License |
| 4 | | under this Section, the Department may permanently revoke the |
| 5 | | Conditional Adult Use Dispensing Organization License and |
| 6 | | award it to the next highest scoring applicant in the BLS |
| 7 | | Region if a suitable applicant indicates a continued interest |
| 8 | | in the Conditional Adult Use Dispensing Organization License |
| 9 | | or may begin a new selection process to award a Conditional |
| 10 | | Adult Use Dispensing Organization License.
|
| 11 | | (Source: P.A. 102-98, eff. 7-15-21.)
|
| 12 | | ARTICLE 120.
|
| 13 | | Section 120-5. The Department of Revenue Law of the
Civil |
| 14 | | Administrative Code of Illinois is amended by adding Section |
| 15 | | 2505-810 as follows:
|
| 16 | | (20 ILCS 2505/2505-810 new) |
| 17 | | Sec. 2505-810. Veterans Property Tax Relief Reimbursement |
| 18 | | Pilot Program. |
| 19 | | (a) Subject to appropriation, for State fiscal years that |
| 20 | | begin on or after July 1, 2023 and before July 1, 2028, the |
| 21 | | Department shall establish and administer a Veterans Property |
| 22 | | Tax Relief Reimbursement Pilot Program. For purposes of the |
| 23 | | Program, the Department shall reimburse eligible taxing |
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| 1 | | districts, in an amount calculated under subsection (c), for |
| 2 | | revenue loss associated with providing homestead exemptions to |
| 3 | | veterans with disabilities. A taxing district is eligible for |
| 4 | | reimbursement under this Section if (i) application of the |
| 5 | | homestead exemptions for veterans with disabilities under |
| 6 | | Sections 15-165 and 15-169 of the Property Tax Code results in |
| 7 | | a cumulative reduction of more than 2.5% in the total |
| 8 | | equalized assessed value of all taxable property in the taxing |
| 9 | | district, when compared with the total equalized assessed |
| 10 | | value of all taxable property in the taxing district prior to |
| 11 | | the application of those exemptions, for the taxable year that |
| 12 | | is 2 years before the start of the State fiscal year in which |
| 13 | | the application for reimbursement is made and (ii) the taxing |
| 14 | | district is located in whole or in part in a county that |
| 15 | | contains a United States military base. Reimbursement payments |
| 16 | | shall be made to the county that applies to the Department of |
| 17 | | Revenue on behalf of the taxing district under subsection (b) |
| 18 | | and shall be distributed by the county to the taxing district |
| 19 | | as directed by the Department of Revenue. |
| 20 | | (b) If the county clerk determines that one or more taxing |
| 21 | | districts located in whole or in part in the county qualify for |
| 22 | | reimbursement under this Section, then the county clerk shall |
| 23 | | apply to the Department of Revenue on behalf of the taxing |
| 24 | | district for reimbursement under this Section in the form and |
| 25 | | manner required by the Department. The county clerk shall |
| 26 | | consolidate applications submitted on behalf of more than one |
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| 1 | | taxing district into a single application. The Department of |
| 2 | | Revenue may audit the information submitted by the county |
| 3 | | clerk as part of the application under this Section for the |
| 4 | | purpose of verifying the accuracy of that information. |
| 5 | | (c) Subject to the maximum aggregate reimbursement amount |
| 6 | | set forth in this subsection, the amount of the reimbursement |
| 7 | | shall be as follows: |
| 8 | | (1) for reimbursements awarded for the fiscal year |
| 9 | | that begins on July 1, 2023, 50% of the product generated |
| 10 | | by multiplying 90% of the total dollar amount of |
| 11 | | exemptions granted for taxable year 2021 under Section |
| 12 | | 15-165 or Section 15-169 of the Property Tax Code to |
| 13 | | property located in the taxing district by the taxing |
| 14 | | district's property tax rate for taxable year 2021; and |
| 15 | | (2) for reimbursements awarded for fiscal years that |
| 16 | | begin on or after July 1, 2024 and begin before July 1, |
| 17 | | 2028, 100% of the product generated by multiplying 90% of |
| 18 | | the total dollar amount of exemptions granted for the base |
| 19 | | year under Section 15-165 or Section 15-169 of the |
| 20 | | Property Tax Code to property located in the taxing |
| 21 | | district by the taxing district's property tax rate for |
| 22 | | the base year. |
| 23 | | The aggregate amount of reimbursements that may be awarded |
| 24 | | under this Section for all taxing districts in any calendar |
| 25 | | year may not exceed the lesser of $15,000,000 or the amount |
| 26 | | appropriated for the program for that calendar year. If the |
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| 1 | | total amount of eligible reimbursements under this Section |
| 2 | | exceeds the lesser of $15,000,000 or the amount appropriated |
| 3 | | for the program for that calendar year, then the reimbursement |
| 4 | | amount awarded to each particular taxing district shall be |
| 5 | | reduced on a pro rata basis until the aggregate amount of |
| 6 | | reimbursements awarded under this Section for the calendar |
| 7 | | year does not exceed the lesser of $15,000,000 or the amount |
| 8 | | appropriated for the program for the calendar year. |
| 9 | | (d) The Department of Revenue may adopt rules necessary |
| 10 | | for the implementation of this Section. |
| 11 | | (e) As used in this Section: |
| 12 | | "Base year" means the taxable year that is 2 years before |
| 13 | | the start of the State fiscal year in which the application for |
| 14 | | reimbursement is made. |
| 15 | | "Taxable year" means the calendar year during which |
| 16 | | property taxes payable in the next succeeding year are levied. |
| 17 | | "Taxing district" has the meaning given to that term in |
| 18 | | Section 1-150 of the Property Tax Code.
|
| 19 | | ARTICLE 125.
|
| 20 | | Section 125-5. The State Finance Act is amended by |
| 21 | | changing Section 6z-129 as follows:
|
| 22 | | (30 ILCS 105/6z-129) |
| 23 | | Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse |
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| 1 | | Racing Purse Equity Fund is a nonappropriated trust fund held |
| 2 | | outside of the State treasury. Within 30 60 calendar days |
| 3 | | after of funds are being deposited in the Horse Racing Purse |
| 4 | | Equity Fund and the applicable grant agreement is executed, |
| 5 | | whichever is later, the Department of Agriculture shall |
| 6 | | transfer the entire balance in the Fund to the organization |
| 7 | | licensees that hold purse moneys that support each of the make |
| 8 | | grants, the division of which shall be divided based upon the |
| 9 | | annual agreement of all legally recognized horsemen's |
| 10 | | associations that have contracted with an organization |
| 11 | | licensee over the immediately preceding 3 calendar years under |
| 12 | | subsection (d) of Section 29 of the Illinois Horse Racing Act |
| 13 | | of 1975. The 2023 division of such fund balance among the |
| 14 | | qualifying purse accounts shall be pursuant to the 2021 |
| 15 | | agreement of the involved horsemen associations with 45% being |
| 16 | | allocated to the thoroughbred purse account at a racetrack |
| 17 | | located in Stickney Township in Cook County, 30% being |
| 18 | | allocated to the harness purse account at a racetrack located |
| 19 | | in Stickney Township in Cook County, and 25% being allocated |
| 20 | | to the thoroughbred purse account at a racetrack located in |
| 21 | | Madison County. Transfers may be made to an organization |
| 22 | | licensee that has one or more executed grant agreements while |
| 23 | | the other organization licensee awaits finalization and |
| 24 | | execution of its grant agreement or agreements. All funds |
| 25 | | transferred to purse accounts pursuant to this Section shall |
| 26 | | be for the sole purpose of augmenting future purses during |
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| 1 | | State fiscal year 2024. For purposes of this Section, a |
| 2 | | legally recognized horsemen association is that horsemen |
| 3 | | association representing the largest number of owners, |
| 4 | | trainers, jockeys or Standardbred drivers who race horses at |
| 5 | | an Illinois organization organizational licensee and that |
| 6 | | enter into agreements with Illinois organization licenses to |
| 7 | | govern the racing meet and that also provide required consents |
| 8 | | pursuant to the Illinois Horse Racing Act of 1975.
|
| 9 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 10 | | Section 125-10. The Illinois Horse Racing Act of 1975 is |
| 11 | | amended by changing Section 28.1 as follows:
|
| 12 | | (230 ILCS 5/28.1)
|
| 13 | | Sec. 28.1. Payments.
|
| 14 | | (a) Beginning on January 1, 2000, moneys collected by the |
| 15 | | Department of
Revenue and the Racing Board pursuant to Section |
| 16 | | 26 or Section 27
of this Act shall be deposited into the Horse |
| 17 | | Racing Fund, which is hereby
created as a special fund in the |
| 18 | | State Treasury.
|
| 19 | | (b) Appropriations, as approved by the General
Assembly, |
| 20 | | may be made from
the Horse Racing Fund to the Board to pay the
|
| 21 | | salaries of the Board members, secretary, stewards,
directors |
| 22 | | of mutuels, veterinarians, representatives, accountants,
|
| 23 | | clerks, stenographers, inspectors and other employees of the |
| 24 | | Board, and
all expenses of the Board incident to the |
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| 1 | | administration of this Act,
including, but not limited to, all |
| 2 | | expenses and salaries incident to the
taking of saliva and |
| 3 | | urine samples in accordance with the rules and
regulations of |
| 4 | | the Board.
|
| 5 | | (c) (Blank).
|
| 6 | | (d) Beginning January 1, 2000, payments to all programs in |
| 7 | | existence on the
effective date of this amendatory Act of 1999 |
| 8 | | that are identified in Sections
26(c), 26(f), 26(h)(11)(C), |
| 9 | | and 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) |
| 10 | | of Section 30, and subsections (a), (b), (c), (d), (e), (f), |
| 11 | | (g),
and (h) of Section 31 shall be made from the General |
| 12 | | Revenue Fund at the
funding levels determined by amounts paid |
| 13 | | under this Act in calendar year
1998. Beginning on the |
| 14 | | effective date of this amendatory Act of the 93rd General |
| 15 | | Assembly, payments to the Peoria Park District shall be made |
| 16 | | from the General Revenue Fund at the funding level determined |
| 17 | | by amounts paid to that park district for museum purposes |
| 18 | | under this Act in calendar year 1994.
|
| 19 | | If an inter-track wagering location licensee's facility |
| 20 | | changes its location, then the payments associated with that |
| 21 | | facility under this subsection (d) for museum purposes shall |
| 22 | | be paid to the park district in the area where the facility |
| 23 | | relocates, and the payments shall be used for museum purposes. |
| 24 | | If the facility does not relocate to a park district, then the |
| 25 | | payments shall be paid to the taxing district that is |
| 26 | | responsible for park or museum expenditures. |
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| 1 | | (e) Beginning July 1, 2006, the payment authorized under |
| 2 | | subsection (d) to museums and aquariums located in park |
| 3 | | districts of over 500,000 population shall be paid to museums, |
| 4 | | aquariums, and zoos in amounts determined by Museums in the |
| 5 | | Park, an association of museums, aquariums, and zoos located |
| 6 | | on Chicago Park District property.
|
| 7 | | (f) Beginning July 1, 2007, the Children's Discovery |
| 8 | | Museum in Normal, Illinois shall receive payments from the |
| 9 | | General Revenue Fund at the funding level determined by the |
| 10 | | amounts paid to the Miller Park Zoo in Bloomington, Illinois |
| 11 | | under this Section in calendar year 2006. |
| 12 | | (g) On July 3, 2023, the Comptroller shall order |
| 13 | | transferred and the Treasurer shall transfer $5,100,000 from |
| 14 | | the Horse Racing Fund to the Horse Racing Purse Equity Fund. On |
| 15 | | August 31, 2021, after subtracting all lapse period spending |
| 16 | | from the June 30 balance of the prior fiscal year, the |
| 17 | | Comptroller shall transfer to the Horse Racing Purse Equity |
| 18 | | Fund 50% of the balance within the Horse Racing Fund.
|
| 19 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
| 20 | | ARTICLE 130.
|
| 21 | | Section 130-5. The Department of Transportation Law of the
|
| 22 | | Civil Administrative Code of Illinois is amended by adding |
| 23 | | Section 2705-617 as follows:
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| 1 | | (20 ILCS 2705/2705-617 new) |
| 2 | | Sec. 2705-617. Student loan repayment assistance for |
| 3 | | engineers pilot program. The Department shall provide higher |
| 4 | | education student loan repayment assistance in the form of an |
| 5 | | annual after-tax bonus of $15,000 per year, for not more than 4 |
| 6 | | years, for up to 50 engineers employed by the Department, |
| 7 | | subject to the following: |
| 8 | | (1) the engineer is a graduate of a college or |
| 9 | | university located in this State; |
| 10 | | (2) the engineer provides documentation to the |
| 11 | | Department of the repayment of higher education student |
| 12 | | loans taken to attend a college or university located in |
| 13 | | this State; |
| 14 | | (3) the engineer has been employed by the Department |
| 15 | | for at least 4 years; and |
| 16 | | (4) the engineer was hired by the Department on or |
| 17 | | after July 1, 2024.
|
| 18 | | ARTICLE 135.
|
| 19 | | Section 135-1. Short title. This Article may be cited as |
| 20 | | the Mechanical Insulation Energy and Safety Assessment Act. |
| 21 | | References in this Article to "this Act" mean this Article.
|
| 22 | | Section 135-5. Legislative findings. The General Assembly |
| 23 | | finds that: |
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| 1 | | (1) the State has a vested interest in decreasing the |
| 2 | | carbon footprint of publicly owned buildings; |
| 3 | | (2) it is in the public interest of the State to ensure |
| 4 | | that all Illinois residents can use publicly owned |
| 5 | | buildings for employment, educational purposes, and social |
| 6 | | services free from harmful mold and bacteria; and |
| 7 | | (3) mechanical insulation plays an important part in |
| 8 | | lowering operating expenses, reducing energy loss, and |
| 9 | | decreasing emissions.
|
| 10 | | Section 135-10. Definitions. As used in this Act: |
| 11 | | "Agency" means the Capital Development Board. |
| 12 | | "Mechanical insulation" means insulation materials, |
| 13 | | facings, and accessory products that are applied to mechanical |
| 14 | | systems. |
| 15 | | "Mechanical insulation energy and safety assessment" means |
| 16 | | an assessment that analyzes potential energy savings and any |
| 17 | | potential public health risks according to the specifications |
| 18 | | applicable to the building's mechanical equipment. |
| 19 | | "Qualified mechanical insulation contractor" means a |
| 20 | | mechanical insulation contractor who is an active participant |
| 21 | | in an apprenticeship program approved by the United States |
| 22 | | Department of Labor.
|
| 23 | | Section 135-15. Mechanical insulation assessment and |
| 24 | | remediation. To further Illinois along the path of 100% clean |
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| 1 | | energy, there is hereby created a Mechanical Insulation |
| 2 | | Assessment Pilot Program. In furtherance of the goals of the |
| 3 | | pilot program, the Agency shall contract with a qualified |
| 4 | | mechanical insulation contractor to execute a mechanical |
| 5 | | insulation energy and safety assessment for 50 State-owned |
| 6 | | buildings. The Agency shall contract with other entities as |
| 7 | | deemed necessary to aid in determining the cost and scope of |
| 8 | | each remediation project including any and all necessary |
| 9 | | ancillary work. To determine the 50 buildings that will |
| 10 | | participate in the Pilot Program, the Agency shall take into |
| 11 | | consideration whether remediation work has been completed on |
| 12 | | the mechanical system recently as well as any immediate plans |
| 13 | | to update the mechanical systems and whether there are plans |
| 14 | | for the building's continued future use. |
| 15 | | The Mechanical Insulation Energy and Safety Assessment |
| 16 | | Pilot Program findings shall include: (1) any and all |
| 17 | | remediation measures necessary to bring the subject mechanical |
| 18 | | insulation system up to Code in accordance with the Energy |
| 19 | | Efficient Building Act and to ensure the system functions at a |
| 20 | | specific operating temperature to minimize energy loss; (2) |
| 21 | | any and all projected energy savings to the State as a result |
| 22 | | of the completion of any and all recommendation remediation; |
| 23 | | (3) any public health or safety concerns identified during the |
| 24 | | assessment; and (4) the projected cost to complete any and all |
| 25 | | recommended remediations. |
| 26 | | Further, the Agency shall report to the General Assembly |
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| 1 | | the findings of the completed Mechanical Insulation Energy and |
| 2 | | Safety Assessment Pilot Program no later than July 1, 2025. |
| 3 | | The findings of each subject building's mechanical |
| 4 | | insulation energy and safety assessment shall be a matter of |
| 5 | | public record and posted on the Agency's website no later than |
| 6 | | July 1, 2025. |
| 7 | | This Act is subject to appropriation. |
| 8 | | All work under this Act shall be performed in accordance |
| 9 | | with the Prevailing Wage Act.
|
| 10 | | Section 135-900. The Prevailing Wage Act is amended by |
| 11 | | changing Section 2 as follows:
|
| 12 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
|
| 13 | | Sec. 2. This Act applies to the wages of laborers, |
| 14 | | mechanics and
other workers employed in any public works, as |
| 15 | | hereinafter defined, by
any public body and to anyone under |
| 16 | | contracts for public works. This includes any maintenance, |
| 17 | | repair, assembly, or disassembly work performed on equipment |
| 18 | | whether owned, leased, or rented.
|
| 19 | | As used in this Act, unless the context indicates |
| 20 | | otherwise:
|
| 21 | | "Public works" means all fixed works constructed or |
| 22 | | demolished by
any public body,
or paid for wholly or in part |
| 23 | | out of public funds. "Public works" as
defined herein includes |
| 24 | | all projects financed in whole
or in part with bonds, grants, |
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| 1 | | loans, or other funds made available by or through the State or |
| 2 | | any of its political subdivisions, including but not limited |
| 3 | | to: bonds issued under the Industrial Project Revenue Bond
Act |
| 4 | | (Article 11, Division 74 of the Illinois Municipal Code), the |
| 5 | | Industrial
Building Revenue Bond Act, the Illinois Finance |
| 6 | | Authority Act,
the Illinois Sports Facilities Authority Act, |
| 7 | | or the Build Illinois Bond Act; loans or other funds made
|
| 8 | | available pursuant to the Build Illinois Act; loans or other |
| 9 | | funds made available pursuant to the Riverfront Development |
| 10 | | Fund under Section 10-15 of the River Edge Redevelopment Zone |
| 11 | | Act; or funds from the Fund for
Illinois' Future under Section |
| 12 | | 6z-47 of the State Finance Act, funds for school
construction |
| 13 | | under Section 5 of the General Obligation Bond Act, funds
|
| 14 | | authorized under Section 3 of the School Construction Bond |
| 15 | | Act, funds for
school infrastructure under Section 6z-45 of |
| 16 | | the State Finance Act, and funds
for transportation purposes |
| 17 | | under Section 4 of the General Obligation Bond
Act. "Public |
| 18 | | works" also includes (i) all projects financed in whole or in |
| 19 | | part
with funds from the Environmental Protection Agency under |
| 20 | | the Illinois Renewable Fuels Development Program
Act for which |
| 21 | | there is no project labor agreement; (ii) all work performed |
| 22 | | pursuant to a public private agreement under the Public |
| 23 | | Private Agreements for the Illiana Expressway Act or the |
| 24 | | Public-Private Agreements for the South Suburban Airport Act; |
| 25 | | (iii) all projects undertaken under a public-private agreement |
| 26 | | under the Public-Private Partnerships for Transportation Act; |
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| 1 | | and (iv) all transportation facilities undertaken under a |
| 2 | | design-build contract or a Construction Manager/General |
| 3 | | Contractor contract under the Innovations for Transportation |
| 4 | | Infrastructure Act. "Public works" also includes all projects |
| 5 | | at leased facility property used for airport purposes under |
| 6 | | Section 35 of the Local Government Facility Lease Act. "Public |
| 7 | | works" also includes the construction of a new wind power |
| 8 | | facility by a business designated as a High Impact Business |
| 9 | | under Section 5.5(a)(3)(E) and the construction of a new |
| 10 | | utility-scale solar power facility by a business designated as |
| 11 | | a High Impact Business under Section 5.5(a)(3)(E-5) of the |
| 12 | | Illinois Enterprise Zone Act.
"Public works" also includes |
| 13 | | electric vehicle charging station projects financed pursuant |
| 14 | | to the Electric Vehicle Act and renewable energy projects |
| 15 | | required to pay the prevailing wage pursuant to the Illinois |
| 16 | | Power Agency Act. "Public works" does not include work done |
| 17 | | directly by any public utility company, whether or not done |
| 18 | | under public supervision or direction, or paid for wholly or |
| 19 | | in part out of public funds. "Public works" also includes |
| 20 | | construction projects performed by a third party contracted by |
| 21 | | any public utility, as described in subsection (a) of Section |
| 22 | | 2.1, in public rights-of-way, as defined in Section 21-201 of |
| 23 | | the Public Utilities Act, whether or not done under public |
| 24 | | supervision or direction, or paid for wholly or in part out of |
| 25 | | public funds. "Public works" also includes construction |
| 26 | | projects that exceed 15 aggregate miles of new fiber optic |
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| 1 | | cable, performed by a third party contracted by any public |
| 2 | | utility, as described in subsection (b) of Section 2.1, in |
| 3 | | public rights-of-way, as defined in Section 21-201 of the |
| 4 | | Public Utilities Act, whether or not done under public |
| 5 | | supervision or direction, or paid for wholly or in part out of |
| 6 | | public funds. "Public works" also includes any corrective |
| 7 | | action performed pursuant to Title XVI of the Environmental |
| 8 | | Protection Act for which payment from the Underground Storage |
| 9 | | Tank Fund is requested. "Public works" also includes work |
| 10 | | performed subject to Mechanical Insulation Energy and Safety |
| 11 | | Assessment Act "Public works" does not include projects |
| 12 | | undertaken by the owner at an owner-occupied single-family |
| 13 | | residence or at an owner-occupied unit of a multi-family |
| 14 | | residence. "Public works" does not include work performed for |
| 15 | | soil and water conservation purposes on agricultural lands, |
| 16 | | whether or not done under public supervision or paid for |
| 17 | | wholly or in part out of public funds, done directly by an |
| 18 | | owner or person who has legal control of those lands.
|
| 19 | | "Construction" means all work on public works involving |
| 20 | | laborers,
workers or mechanics. This includes any maintenance, |
| 21 | | repair, assembly, or disassembly work performed on equipment |
| 22 | | whether owned, leased, or rented.
|
| 23 | | "Locality" means the county where the physical work upon |
| 24 | | public works
is performed, except (1) that if there is not |
| 25 | | available in the county a
sufficient number of competent |
| 26 | | skilled laborers, workers and mechanics
to construct the |
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| 1 | | public works efficiently and properly, "locality"
includes any |
| 2 | | other county nearest the one in which the work or
construction |
| 3 | | is to be performed and from which such persons may be
obtained |
| 4 | | in sufficient numbers to perform the work and (2) that, with
|
| 5 | | respect to contracts for highway work with the Department of
|
| 6 | | Transportation of this State, "locality" may at the discretion |
| 7 | | of the
Secretary of the Department of Transportation be |
| 8 | | construed to include
two or more adjacent counties from which |
| 9 | | workers may be accessible for
work on such construction.
|
| 10 | | "Public body" means the State or any officer, board or |
| 11 | | commission of
the State or any political subdivision or |
| 12 | | department thereof, or any
institution supported in whole or |
| 13 | | in part by public funds,
and includes every county, city, |
| 14 | | town,
village, township, school district, irrigation, utility, |
| 15 | | reclamation
improvement or other district and every other |
| 16 | | political subdivision,
district or municipality of the state |
| 17 | | whether such political
subdivision, municipality or district |
| 18 | | operates under a special charter
or not.
|
| 19 | | "Labor organization" means an organization that is the |
| 20 | | exclusive representative of an
employer's employees recognized |
| 21 | | or certified pursuant to the National Labor Relations Act. |
| 22 | | The terms "general prevailing rate of hourly wages", |
| 23 | | "general
prevailing rate of wages" or "prevailing rate of |
| 24 | | wages" when used in
this Act mean the hourly cash wages plus |
| 25 | | annualized fringe benefits for training and
apprenticeship |
| 26 | | programs approved by the U.S. Department of Labor, Bureau of
|
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| 1 | | Apprenticeship and Training, health and welfare, insurance, |
| 2 | | vacations and
pensions paid generally, in the
locality in |
| 3 | | which the work is being performed, to employees engaged in
|
| 4 | | work of a similar character on public works.
|
| 5 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; |
| 6 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. |
| 7 | | 6-15-22.)
|
| 8 | | ARTICLE 140.
|
| 9 | | Section 140-5. The Illinois Income Tax Act is amended by |
| 10 | | changing Section 203 as follows:
|
| 11 | | (35 ILCS 5/203) (from Ch. 120, par. 2-203) |
| 12 | | Sec. 203. Base income defined. |
| 13 | | (a) Individuals. |
| 14 | | (1) In general. In the case of an individual, base |
| 15 | | income means an
amount equal to the taxpayer's adjusted |
| 16 | | gross income for the taxable
year as modified by paragraph |
| 17 | | (2). |
| 18 | | (2) Modifications. The adjusted gross income referred |
| 19 | | to in
paragraph (1) shall be modified by adding thereto |
| 20 | | the sum of the
following amounts: |
| 21 | | (A) An amount equal to all amounts paid or accrued |
| 22 | | to the taxpayer
as interest or dividends during the |
| 23 | | taxable year to the extent excluded
from gross income |
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| 1 | | in the computation of adjusted gross income, except |
| 2 | | stock
dividends of qualified public utilities |
| 3 | | described in Section 305(e) of the
Internal Revenue |
| 4 | | Code; |
| 5 | | (B) An amount equal to the amount of tax imposed by |
| 6 | | this Act to the
extent deducted from gross income in |
| 7 | | the computation of adjusted gross
income for the |
| 8 | | taxable year; |
| 9 | | (C) An amount equal to the amount received during |
| 10 | | the taxable year
as a recovery or refund of real |
| 11 | | property taxes paid with respect to the
taxpayer's |
| 12 | | principal residence under the Revenue Act of
1939 and |
| 13 | | for which a deduction was previously taken under |
| 14 | | subparagraph (L) of
this paragraph (2) prior to July |
| 15 | | 1, 1991, the retrospective application date of
Article |
| 16 | | 4 of Public Act 87-17. In the case of multi-unit or |
| 17 | | multi-use
structures and farm dwellings, the taxes on |
| 18 | | the taxpayer's principal residence
shall be that |
| 19 | | portion of the total taxes for the entire property |
| 20 | | which is
attributable to such principal residence; |
| 21 | | (D) An amount equal to the amount of the capital |
| 22 | | gain deduction
allowable under the Internal Revenue |
| 23 | | Code, to the extent deducted from gross
income in the |
| 24 | | computation of adjusted gross income; |
| 25 | | (D-5) An amount, to the extent not included in |
| 26 | | adjusted gross income,
equal to the amount of money |
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| 1 | | withdrawn by the taxpayer in the taxable year from
a |
| 2 | | medical care savings account and the interest earned |
| 3 | | on the account in the
taxable year of a withdrawal |
| 4 | | pursuant to subsection (b) of Section 20 of the
|
| 5 | | Medical Care Savings Account Act or subsection (b) of |
| 6 | | Section 20 of the
Medical Care Savings Account Act of |
| 7 | | 2000; |
| 8 | | (D-10) For taxable years ending after December 31, |
| 9 | | 1997, an
amount equal to any eligible remediation |
| 10 | | costs that the individual
deducted in computing |
| 11 | | adjusted gross income and for which the
individual |
| 12 | | claims a credit under subsection (l) of Section 201; |
| 13 | | (D-15) For taxable years 2001 and thereafter, an |
| 14 | | amount equal to the
bonus depreciation deduction taken |
| 15 | | on the taxpayer's federal income tax return for the |
| 16 | | taxable
year under subsection (k) of Section 168 of |
| 17 | | the Internal Revenue Code; |
| 18 | | (D-16) If the taxpayer sells, transfers, abandons, |
| 19 | | or otherwise disposes of property for which the |
| 20 | | taxpayer was required in any taxable year to
make an |
| 21 | | addition modification under subparagraph (D-15), then |
| 22 | | an amount equal
to the aggregate amount of the |
| 23 | | deductions taken in all taxable
years under |
| 24 | | subparagraph (Z) with respect to that property. |
| 25 | | If the taxpayer continues to own property through |
| 26 | | the last day of the last tax year for which a |
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| 1 | | subtraction is allowed with respect to that property |
| 2 | | under subparagraph (Z) and for which the taxpayer was |
| 3 | | allowed in any taxable year to make a subtraction |
| 4 | | modification under subparagraph (Z), then an amount |
| 5 | | equal to that subtraction modification.
|
| 6 | | The taxpayer is required to make the addition |
| 7 | | modification under this
subparagraph
only once with |
| 8 | | respect to any one piece of property; |
| 9 | | (D-17) An amount equal to the amount otherwise |
| 10 | | allowed as a deduction in computing base income for |
| 11 | | interest paid, accrued, or incurred, directly or |
| 12 | | indirectly, (i) for taxable years ending on or after |
| 13 | | December 31, 2004, to a foreign person who would be a |
| 14 | | member of the same unitary business group but for the |
| 15 | | fact that foreign person's business activity outside |
| 16 | | the United States is 80% or more of the foreign |
| 17 | | person's total business activity and (ii) for taxable |
| 18 | | years ending on or after December 31, 2008, to a person |
| 19 | | who would be a member of the same unitary business |
| 20 | | group but for the fact that the person is prohibited |
| 21 | | under Section 1501(a)(27) from being included in the |
| 22 | | unitary business group because he or she is ordinarily |
| 23 | | required to apportion business income under different |
| 24 | | subsections of Section 304. The addition modification |
| 25 | | required by this subparagraph shall be reduced to the |
| 26 | | extent that dividends were included in base income of |
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| 1 | | the unitary group for the same taxable year and |
| 2 | | received by the taxpayer or by a member of the |
| 3 | | taxpayer's unitary business group (including amounts |
| 4 | | included in gross income under Sections 951 through |
| 5 | | 964 of the Internal Revenue Code and amounts included |
| 6 | | in gross income under Section 78 of the Internal |
| 7 | | Revenue Code) with respect to the stock of the same |
| 8 | | person to whom the interest was paid, accrued, or |
| 9 | | incurred. |
| 10 | | This paragraph shall not apply to the following:
|
| 11 | | (i) an item of interest paid, accrued, or |
| 12 | | incurred, directly or indirectly, to a person who |
| 13 | | is subject in a foreign country or state, other |
| 14 | | than a state which requires mandatory unitary |
| 15 | | reporting, to a tax on or measured by net income |
| 16 | | with respect to such interest; or |
| 17 | | (ii) an item of interest paid, accrued, or |
| 18 | | incurred, directly or indirectly, to a person if |
| 19 | | the taxpayer can establish, based on a |
| 20 | | preponderance of the evidence, both of the |
| 21 | | following: |
| 22 | | (a) the person, during the same taxable |
| 23 | | year, paid, accrued, or incurred, the interest |
| 24 | | to a person that is not a related member, and |
| 25 | | (b) the transaction giving rise to the |
| 26 | | interest expense between the taxpayer and the |
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| 1 | | person did not have as a principal purpose the |
| 2 | | avoidance of Illinois income tax, and is paid |
| 3 | | pursuant to a contract or agreement that |
| 4 | | reflects an arm's-length interest rate and |
| 5 | | terms; or
|
| 6 | | (iii) the taxpayer can establish, based on |
| 7 | | clear and convincing evidence, that the interest |
| 8 | | paid, accrued, or incurred relates to a contract |
| 9 | | or agreement entered into at arm's-length rates |
| 10 | | and terms and the principal purpose for the |
| 11 | | payment is not federal or Illinois tax avoidance; |
| 12 | | or
|
| 13 | | (iv) an item of interest paid, accrued, or |
| 14 | | incurred, directly or indirectly, to a person if |
| 15 | | the taxpayer establishes by clear and convincing |
| 16 | | evidence that the adjustments are unreasonable; or |
| 17 | | if the taxpayer and the Director agree in writing |
| 18 | | to the application or use of an alternative method |
| 19 | | of apportionment under Section 304(f).
|
| 20 | | Nothing in this subsection shall preclude the |
| 21 | | Director from making any other adjustment |
| 22 | | otherwise allowed under Section 404 of this Act |
| 23 | | for any tax year beginning after the effective |
| 24 | | date of this amendment provided such adjustment is |
| 25 | | made pursuant to regulation adopted by the |
| 26 | | Department and such regulations provide methods |
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| 1 | | and standards by which the Department will utilize |
| 2 | | its authority under Section 404 of this Act;
|
| 3 | | (D-18) An amount equal to the amount of intangible |
| 4 | | expenses and costs otherwise allowed as a deduction in |
| 5 | | computing base income, and that were paid, accrued, or |
| 6 | | incurred, directly or indirectly, (i) for taxable |
| 7 | | years ending on or after December 31, 2004, to a |
| 8 | | foreign person who would be a member of the same |
| 9 | | unitary business group but for the fact that the |
| 10 | | foreign person's business activity outside the United |
| 11 | | States is 80% or more of that person's total business |
| 12 | | activity and (ii) for taxable years ending on or after |
| 13 | | December 31, 2008, to a person who would be a member of |
| 14 | | the same unitary business group but for the fact that |
| 15 | | the person is prohibited under Section 1501(a)(27) |
| 16 | | from being included in the unitary business group |
| 17 | | because he or she is ordinarily required to apportion |
| 18 | | business income under different subsections of Section |
| 19 | | 304. The addition modification required by this |
| 20 | | subparagraph shall be reduced to the extent that |
| 21 | | dividends were included in base income of the unitary |
| 22 | | group for the same taxable year and received by the |
| 23 | | taxpayer or by a member of the taxpayer's unitary |
| 24 | | business group (including amounts included in gross |
| 25 | | income under Sections 951 through 964 of the Internal |
| 26 | | Revenue Code and amounts included in gross income |
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| 1 | | under Section 78 of the Internal Revenue Code) with |
| 2 | | respect to the stock of the same person to whom the |
| 3 | | intangible expenses and costs were directly or |
| 4 | | indirectly paid, incurred, or accrued. The preceding |
| 5 | | sentence does not apply to the extent that the same |
| 6 | | dividends caused a reduction to the addition |
| 7 | | modification required under Section 203(a)(2)(D-17) of |
| 8 | | this Act. As used in this subparagraph, the term |
| 9 | | "intangible expenses and costs" includes (1) expenses, |
| 10 | | losses, and costs for, or related to, the direct or |
| 11 | | indirect acquisition, use, maintenance or management, |
| 12 | | ownership, sale, exchange, or any other disposition of |
| 13 | | intangible property; (2) losses incurred, directly or |
| 14 | | indirectly, from factoring transactions or discounting |
| 15 | | transactions; (3) royalty, patent, technical, and |
| 16 | | copyright fees; (4) licensing fees; and (5) other |
| 17 | | similar expenses and costs.
For purposes of this |
| 18 | | subparagraph, "intangible property" includes patents, |
| 19 | | patent applications, trade names, trademarks, service |
| 20 | | marks, copyrights, mask works, trade secrets, and |
| 21 | | similar types of intangible assets. |
| 22 | | This paragraph shall not apply to the following: |
| 23 | | (i) any item of intangible expenses or costs |
| 24 | | paid, accrued, or incurred, directly or |
| 25 | | indirectly, from a transaction with a person who |
| 26 | | is subject in a foreign country or state, other |
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| 1 | | than a state which requires mandatory unitary |
| 2 | | reporting, to a tax on or measured by net income |
| 3 | | with respect to such item; or |
| 4 | | (ii) any item of intangible expense or cost |
| 5 | | paid, accrued, or incurred, directly or |
| 6 | | indirectly, if the taxpayer can establish, based |
| 7 | | on a preponderance of the evidence, both of the |
| 8 | | following: |
| 9 | | (a) the person during the same taxable |
| 10 | | year paid, accrued, or incurred, the |
| 11 | | intangible expense or cost to a person that is |
| 12 | | not a related member, and |
| 13 | | (b) the transaction giving rise to the |
| 14 | | intangible expense or cost between the |
| 15 | | taxpayer and the person did not have as a |
| 16 | | principal purpose the avoidance of Illinois |
| 17 | | income tax, and is paid pursuant to a contract |
| 18 | | or agreement that reflects arm's-length terms; |
| 19 | | or |
| 20 | | (iii) any item of intangible expense or cost |
| 21 | | paid, accrued, or incurred, directly or |
| 22 | | indirectly, from a transaction with a person if |
| 23 | | the taxpayer establishes by clear and convincing |
| 24 | | evidence, that the adjustments are unreasonable; |
| 25 | | or if the taxpayer and the Director agree in |
| 26 | | writing to the application or use of an |
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| 1 | | alternative method of apportionment under Section |
| 2 | | 304(f);
|
| 3 | | Nothing in this subsection shall preclude the |
| 4 | | Director from making any other adjustment |
| 5 | | otherwise allowed under Section 404 of this Act |
| 6 | | for any tax year beginning after the effective |
| 7 | | date of this amendment provided such adjustment is |
| 8 | | made pursuant to regulation adopted by the |
| 9 | | Department and such regulations provide methods |
| 10 | | and standards by which the Department will utilize |
| 11 | | its authority under Section 404 of this Act;
|
| 12 | | (D-19) For taxable years ending on or after |
| 13 | | December 31, 2008, an amount equal to the amount of |
| 14 | | insurance premium expenses and costs otherwise allowed |
| 15 | | as a deduction in computing base income, and that were |
| 16 | | paid, accrued, or incurred, directly or indirectly, to |
| 17 | | a person who would be a member of the same unitary |
| 18 | | business group but for the fact that the person is |
| 19 | | prohibited under Section 1501(a)(27) from being |
| 20 | | included in the unitary business group because he or |
| 21 | | she is ordinarily required to apportion business |
| 22 | | income under different subsections of Section 304. The |
| 23 | | addition modification required by this subparagraph |
| 24 | | shall be reduced to the extent that dividends were |
| 25 | | included in base income of the unitary group for the |
| 26 | | same taxable year and received by the taxpayer or by a |
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| 1 | | member of the taxpayer's unitary business group |
| 2 | | (including amounts included in gross income under |
| 3 | | Sections 951 through 964 of the Internal Revenue Code |
| 4 | | and amounts included in gross income under Section 78 |
| 5 | | of the Internal Revenue Code) with respect to the |
| 6 | | stock of the same person to whom the premiums and costs |
| 7 | | were directly or indirectly paid, incurred, or |
| 8 | | accrued. The preceding sentence does not apply to the |
| 9 | | extent that the same dividends caused a reduction to |
| 10 | | the addition modification required under Section |
| 11 | | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this |
| 12 | | Act;
|
| 13 | | (D-20) For taxable years beginning on or after |
| 14 | | January 1,
2002 and ending on or before December 31, |
| 15 | | 2006, in
the
case of a distribution from a qualified |
| 16 | | tuition program under Section 529 of
the Internal |
| 17 | | Revenue Code, other than (i) a distribution from a |
| 18 | | College Savings
Pool created under Section 16.5 of the |
| 19 | | State Treasurer Act or (ii) a
distribution from the |
| 20 | | Illinois Prepaid Tuition Trust Fund, an amount equal |
| 21 | | to
the amount excluded from gross income under Section |
| 22 | | 529(c)(3)(B). For taxable years beginning on or after |
| 23 | | January 1, 2007, in the case of a distribution from a |
| 24 | | qualified tuition program under Section 529 of the |
| 25 | | Internal Revenue Code, other than (i) a distribution |
| 26 | | from a College Savings Pool created under Section 16.5 |
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| 1 | | of the State Treasurer Act, (ii) a distribution from |
| 2 | | the Illinois Prepaid Tuition Trust Fund, or (iii) a |
| 3 | | distribution from a qualified tuition program under |
| 4 | | Section 529 of the Internal Revenue Code that (I) |
| 5 | | adopts and determines that its offering materials |
| 6 | | comply with the College Savings Plans Network's |
| 7 | | disclosure principles and (II) has made reasonable |
| 8 | | efforts to inform in-state residents of the existence |
| 9 | | of in-state qualified tuition programs by informing |
| 10 | | Illinois residents directly and, where applicable, to |
| 11 | | inform financial intermediaries distributing the |
| 12 | | program to inform in-state residents of the existence |
| 13 | | of in-state qualified tuition programs at least |
| 14 | | annually, an amount equal to the amount excluded from |
| 15 | | gross income under Section 529(c)(3)(B). |
| 16 | | For the purposes of this subparagraph (D-20), a |
| 17 | | qualified tuition program has made reasonable efforts |
| 18 | | if it makes disclosures (which may use the term |
| 19 | | "in-state program" or "in-state plan" and need not |
| 20 | | specifically refer to Illinois or its qualified |
| 21 | | programs by name) (i) directly to prospective |
| 22 | | participants in its offering materials or makes a |
| 23 | | public disclosure, such as a website posting; and (ii) |
| 24 | | where applicable, to intermediaries selling the |
| 25 | | out-of-state program in the same manner that the |
| 26 | | out-of-state program distributes its offering |
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| 1 | | materials; |
| 2 | | (D-20.5) For taxable years beginning on or after |
| 3 | | January 1, 2018, in the case of a distribution from a |
| 4 | | qualified ABLE program under Section 529A of the |
| 5 | | Internal Revenue Code, other than a distribution from |
| 6 | | a qualified ABLE program created under Section 16.6 of |
| 7 | | the State Treasurer Act, an amount equal to the amount |
| 8 | | excluded from gross income under Section 529A(c)(1)(B) |
| 9 | | of the Internal Revenue Code; |
| 10 | | (D-21) For taxable years beginning on or after |
| 11 | | January 1, 2007, in the case of transfer of moneys from |
| 12 | | a qualified tuition program under Section 529 of the |
| 13 | | Internal Revenue Code that is administered by the |
| 14 | | State to an out-of-state program, an amount equal to |
| 15 | | the amount of moneys previously deducted from base |
| 16 | | income under subsection (a)(2)(Y) of this Section; |
| 17 | | (D-21.5) For taxable years beginning on or after |
| 18 | | January 1, 2018, in the case of the transfer of moneys |
| 19 | | from a qualified tuition program under Section 529 or |
| 20 | | a qualified ABLE program under Section 529A of the |
| 21 | | Internal Revenue Code that is administered by this |
| 22 | | State to an ABLE account established under an |
| 23 | | out-of-state ABLE account program, an amount equal to |
| 24 | | the contribution component of the transferred amount |
| 25 | | that was previously deducted from base income under |
| 26 | | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this |
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| 1 | | Section; |
| 2 | | (D-22) For taxable years beginning on or after |
| 3 | | January 1, 2009, and prior to January 1, 2018, in the |
| 4 | | case of a nonqualified withdrawal or refund of moneys |
| 5 | | from a qualified tuition program under Section 529 of |
| 6 | | the Internal Revenue Code administered by the State |
| 7 | | that is not used for qualified expenses at an eligible |
| 8 | | education institution, an amount equal to the |
| 9 | | contribution component of the nonqualified withdrawal |
| 10 | | or refund that was previously deducted from base |
| 11 | | income under subsection (a)(2)(y) of this Section, |
| 12 | | provided that the withdrawal or refund did not result |
| 13 | | from the beneficiary's death or disability. For |
| 14 | | taxable years beginning on or after January 1, 2018: |
| 15 | | (1) in the case of a nonqualified withdrawal or |
| 16 | | refund, as defined under Section
16.5 of the State |
| 17 | | Treasurer Act, of moneys from a qualified tuition |
| 18 | | program under Section 529 of the Internal Revenue Code |
| 19 | | administered by the State, an amount equal to the |
| 20 | | contribution component of the nonqualified withdrawal |
| 21 | | or refund that was previously deducted from base
|
| 22 | | income under subsection (a)(2)(Y) of this Section, and |
| 23 | | (2) in the case of a nonqualified withdrawal or refund |
| 24 | | from a qualified ABLE program under Section 529A of |
| 25 | | the Internal Revenue Code administered by the State |
| 26 | | that is not used for qualified disability expenses, an |
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| 1 | | amount equal to the contribution component of the |
| 2 | | nonqualified withdrawal or refund that was previously |
| 3 | | deducted from base income under subsection (a)(2)(HH) |
| 4 | | of this Section; |
| 5 | | (D-23) An amount equal to the credit allowable to |
| 6 | | the taxpayer under Section 218(a) of this Act, |
| 7 | | determined without regard to Section 218(c) of this |
| 8 | | Act; |
| 9 | | (D-24) For taxable years ending on or after |
| 10 | | December 31, 2017, an amount equal to the deduction |
| 11 | | allowed under Section 199 of the Internal Revenue Code |
| 12 | | for the taxable year; |
| 13 | | (D-25) In the case of a resident, an amount equal |
| 14 | | to the amount of tax for which a credit is allowed |
| 15 | | pursuant to Section 201(p)(7) of this Act; |
| 16 | | and by deducting from the total so obtained the
sum of the |
| 17 | | following amounts: |
| 18 | | (E) For taxable years ending before December 31, |
| 19 | | 2001,
any amount included in such total in respect of |
| 20 | | any compensation
(including but not limited to any |
| 21 | | compensation paid or accrued to a
serviceman while a |
| 22 | | prisoner of war or missing in action) paid to a |
| 23 | | resident
by reason of being on active duty in the Armed |
| 24 | | Forces of the United States
and in respect of any |
| 25 | | compensation paid or accrued to a resident who as a
|
| 26 | | governmental employee was a prisoner of war or missing |
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| 1 | | in action, and in
respect of any compensation paid to a |
| 2 | | resident in 1971 or thereafter for
annual training |
| 3 | | performed pursuant to Sections 502 and 503, Title 32,
|
| 4 | | United States Code as a member of the Illinois |
| 5 | | National Guard or, beginning with taxable years ending |
| 6 | | on or after December 31, 2007, the National Guard of |
| 7 | | any other state.
For taxable years ending on or after |
| 8 | | December 31, 2001, any amount included in
such total |
| 9 | | in respect of any compensation (including but not |
| 10 | | limited to any
compensation paid or accrued to a |
| 11 | | serviceman while a prisoner of war or missing
in |
| 12 | | action) paid to a resident by reason of being a member |
| 13 | | of any component of
the Armed Forces of the United |
| 14 | | States and in respect of any compensation paid
or |
| 15 | | accrued to a resident who as a governmental employee |
| 16 | | was a prisoner of war
or missing in action, and in |
| 17 | | respect of any compensation paid to a resident in
2001 |
| 18 | | or thereafter by reason of being a member of the |
| 19 | | Illinois National Guard or, beginning with taxable |
| 20 | | years ending on or after December 31, 2007, the |
| 21 | | National Guard of any other state.
The provisions of |
| 22 | | this subparagraph (E) are exempt
from the provisions |
| 23 | | of Section 250; |
| 24 | | (F) An amount equal to all amounts included in |
| 25 | | such total pursuant
to the provisions of Sections |
| 26 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a),
and |
|
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| 1 | | 408 of the Internal Revenue Code, or included in such |
| 2 | | total as
distributions under the provisions of any |
| 3 | | retirement or disability plan for
employees of any |
| 4 | | governmental agency or unit, or retirement payments to
|
| 5 | | retired partners, which payments are excluded in |
| 6 | | computing net earnings
from self employment by Section |
| 7 | | 1402 of the Internal Revenue Code and
regulations |
| 8 | | adopted pursuant thereto; |
| 9 | | (G) The valuation limitation amount; |
| 10 | | (H) An amount equal to the amount of any tax |
| 11 | | imposed by this Act
which was refunded to the taxpayer |
| 12 | | and included in such total for the
taxable year; |
| 13 | | (I) An amount equal to all amounts included in |
| 14 | | such total pursuant
to the provisions of Section 111 |
| 15 | | of the Internal Revenue Code as a
recovery of items |
| 16 | | previously deducted from adjusted gross income in the
|
| 17 | | computation of taxable income; |
| 18 | | (J) An amount equal to those dividends included in |
| 19 | | such total which were
paid by a corporation which |
| 20 | | conducts business operations in a River Edge |
| 21 | | Redevelopment Zone or zones created under the River |
| 22 | | Edge Redevelopment Zone Act, and conducts
|
| 23 | | substantially all of its operations in a River Edge |
| 24 | | Redevelopment Zone or zones. This subparagraph (J) is |
| 25 | | exempt from the provisions of Section 250; |
| 26 | | (K) An amount equal to those dividends included in |
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| 1 | | such total that
were paid by a corporation that |
| 2 | | conducts business operations in a federally
designated |
| 3 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 4 | | a High Impact
Business located in Illinois; provided |
| 5 | | that dividends eligible for the
deduction provided in |
| 6 | | subparagraph (J) of paragraph (2) of this subsection
|
| 7 | | shall not be eligible for the deduction provided under |
| 8 | | this subparagraph
(K); |
| 9 | | (L) For taxable years ending after December 31, |
| 10 | | 1983, an amount equal to
all social security benefits |
| 11 | | and railroad retirement benefits included in
such |
| 12 | | total pursuant to Sections 72(r) and 86 of the |
| 13 | | Internal Revenue Code; |
| 14 | | (M) With the exception of any amounts subtracted |
| 15 | | under subparagraph
(N), an amount equal to the sum of |
| 16 | | all amounts disallowed as
deductions by (i) Sections |
| 17 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 18 | | and all amounts of expenses allocable
to interest and |
| 19 | | disallowed as deductions by Section 265(a)(1) of the |
| 20 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 21 | | ending on or after August 13, 1999, Sections |
| 22 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 23 | | Internal Revenue Code, plus, for taxable years ending |
| 24 | | on or after December 31, 2011, Section 45G(e)(3) of |
| 25 | | the Internal Revenue Code and, for taxable years |
| 26 | | ending on or after December 31, 2008, any amount |
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| 1 | | included in gross income under Section 87 of the |
| 2 | | Internal Revenue Code; the provisions of this
|
| 3 | | subparagraph are exempt from the provisions of Section |
| 4 | | 250; |
| 5 | | (N) An amount equal to all amounts included in |
| 6 | | such total which are
exempt from taxation by this |
| 7 | | State either by reason of its statutes or
Constitution
|
| 8 | | or by reason of the Constitution, treaties or statutes |
| 9 | | of the United States;
provided that, in the case of any |
| 10 | | statute of this State that exempts income
derived from |
| 11 | | bonds or other obligations from the tax imposed under |
| 12 | | this Act,
the amount exempted shall be the interest |
| 13 | | net of bond premium amortization; |
| 14 | | (O) An amount equal to any contribution made to a |
| 15 | | job training
project established pursuant to the Tax |
| 16 | | Increment Allocation Redevelopment Act; |
| 17 | | (P) An amount equal to the amount of the deduction |
| 18 | | used to compute the
federal income tax credit for |
| 19 | | restoration of substantial amounts held under
claim of |
| 20 | | right for the taxable year pursuant to Section 1341 of |
| 21 | | the
Internal Revenue Code or of any itemized deduction |
| 22 | | taken from adjusted gross income in the computation of |
| 23 | | taxable income for restoration of substantial amounts |
| 24 | | held under claim of right for the taxable year; |
| 25 | | (Q) An amount equal to any amounts included in |
| 26 | | such total, received by
the taxpayer as an |
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| 1 | | acceleration in the payment of life, endowment or |
| 2 | | annuity
benefits in advance of the time they would |
| 3 | | otherwise be payable as an indemnity
for a terminal |
| 4 | | illness; |
| 5 | | (R) An amount equal to the amount of any federal or |
| 6 | | State bonus paid
to veterans of the Persian Gulf War; |
| 7 | | (S) An amount, to the extent included in adjusted |
| 8 | | gross income, equal
to the amount of a contribution |
| 9 | | made in the taxable year on behalf of the
taxpayer to a |
| 10 | | medical care savings account established under the |
| 11 | | Medical Care
Savings Account Act or the Medical Care |
| 12 | | Savings Account Act of 2000 to the
extent the |
| 13 | | contribution is accepted by the account
administrator |
| 14 | | as provided in that Act; |
| 15 | | (T) An amount, to the extent included in adjusted |
| 16 | | gross income, equal to
the amount of interest earned |
| 17 | | in the taxable year on a medical care savings
account |
| 18 | | established under the Medical Care Savings Account Act |
| 19 | | or the Medical
Care Savings Account Act of 2000 on |
| 20 | | behalf of the
taxpayer, other than interest added |
| 21 | | pursuant to item (D-5) of this paragraph
(2); |
| 22 | | (U) For one taxable year beginning on or after |
| 23 | | January 1,
1994, an
amount equal to the total amount of |
| 24 | | tax imposed and paid under subsections (a)
and (b) of |
| 25 | | Section 201 of this Act on grant amounts received by |
| 26 | | the taxpayer
under the Nursing Home Grant Assistance |
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| 1 | | Act during the taxpayer's taxable years
1992 and 1993; |
| 2 | | (V) Beginning with tax years ending on or after |
| 3 | | December 31, 1995 and
ending with tax years ending on |
| 4 | | or before December 31, 2004, an amount equal to
the |
| 5 | | amount paid by a taxpayer who is a
self-employed |
| 6 | | taxpayer, a partner of a partnership, or a
shareholder |
| 7 | | in a Subchapter S corporation for health insurance or |
| 8 | | long-term
care insurance for that taxpayer or that |
| 9 | | taxpayer's spouse or dependents, to
the extent that |
| 10 | | the amount paid for that health insurance or long-term |
| 11 | | care
insurance may be deducted under Section 213 of |
| 12 | | the Internal Revenue Code, has not been deducted on |
| 13 | | the federal income tax return of the taxpayer,
and |
| 14 | | does not exceed the taxable income attributable to |
| 15 | | that taxpayer's income,
self-employment income, or |
| 16 | | Subchapter S corporation income; except that no
|
| 17 | | deduction shall be allowed under this item (V) if the |
| 18 | | taxpayer is eligible to
participate in any health |
| 19 | | insurance or long-term care insurance plan of an
|
| 20 | | employer of the taxpayer or the taxpayer's
spouse. The |
| 21 | | amount of the health insurance and long-term care |
| 22 | | insurance
subtracted under this item (V) shall be |
| 23 | | determined by multiplying total
health insurance and |
| 24 | | long-term care insurance premiums paid by the taxpayer
|
| 25 | | times a number that represents the fractional |
| 26 | | percentage of eligible medical
expenses under Section |
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| 1 | | 213 of the Internal Revenue Code of 1986 not actually
|
| 2 | | deducted on the taxpayer's federal income tax return; |
| 3 | | (W) For taxable years beginning on or after |
| 4 | | January 1, 1998,
all amounts included in the |
| 5 | | taxpayer's federal gross income
in the taxable year |
| 6 | | from amounts converted from a regular IRA to a Roth |
| 7 | | IRA.
This paragraph is exempt from the provisions of |
| 8 | | Section
250; |
| 9 | | (X) For taxable year 1999 and thereafter, an |
| 10 | | amount equal to the
amount of any (i) distributions, |
| 11 | | to the extent includible in gross income for
federal |
| 12 | | income tax purposes, made to the taxpayer because of |
| 13 | | his or her status
as a victim of persecution for racial |
| 14 | | or religious reasons by Nazi Germany or
any other Axis |
| 15 | | regime or as an heir of the victim and (ii) items
of |
| 16 | | income, to the extent
includible in gross income for |
| 17 | | federal income tax purposes, attributable to,
derived |
| 18 | | from or in any way related to assets stolen from, |
| 19 | | hidden from, or
otherwise lost to a victim of
|
| 20 | | persecution for racial or religious reasons by Nazi |
| 21 | | Germany or any other Axis
regime immediately prior to, |
| 22 | | during, and immediately after World War II,
including, |
| 23 | | but
not limited to, interest on the proceeds |
| 24 | | receivable as insurance
under policies issued to a |
| 25 | | victim of persecution for racial or religious
reasons
|
| 26 | | by Nazi Germany or any other Axis regime by European |
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| 1 | | insurance companies
immediately prior to and during |
| 2 | | World War II;
provided, however, this subtraction from |
| 3 | | federal adjusted gross income does not
apply to assets |
| 4 | | acquired with such assets or with the proceeds from |
| 5 | | the sale of
such assets; provided, further, this |
| 6 | | paragraph shall only apply to a taxpayer
who was the |
| 7 | | first recipient of such assets after their recovery |
| 8 | | and who is a
victim of persecution for racial or |
| 9 | | religious reasons
by Nazi Germany or any other Axis |
| 10 | | regime or as an heir of the victim. The
amount of and |
| 11 | | the eligibility for any public assistance, benefit, or
|
| 12 | | similar entitlement is not affected by the inclusion |
| 13 | | of items (i) and (ii) of
this paragraph in gross income |
| 14 | | for federal income tax purposes.
This paragraph is |
| 15 | | exempt from the provisions of Section 250; |
| 16 | | (Y) For taxable years beginning on or after |
| 17 | | January 1, 2002
and ending
on or before December 31, |
| 18 | | 2004, moneys contributed in the taxable year to a |
| 19 | | College Savings Pool account under
Section 16.5 of the |
| 20 | | State Treasurer Act, except that amounts excluded from
|
| 21 | | gross income under Section 529(c)(3)(C)(i) of the |
| 22 | | Internal Revenue Code
shall not be considered moneys |
| 23 | | contributed under this subparagraph (Y). For taxable |
| 24 | | years beginning on or after January 1, 2005, a maximum |
| 25 | | of $10,000
contributed
in the
taxable year to (i) a |
| 26 | | College Savings Pool account under Section 16.5 of the
|
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| 1 | | State
Treasurer Act or (ii) the Illinois Prepaid |
| 2 | | Tuition Trust Fund,
except that
amounts excluded from |
| 3 | | gross income under Section 529(c)(3)(C)(i) of the
|
| 4 | | Internal
Revenue Code shall not be considered moneys |
| 5 | | contributed under this subparagraph
(Y). For purposes |
| 6 | | of this subparagraph, contributions made by an |
| 7 | | employer on behalf of an employee, or matching |
| 8 | | contributions made by an employee, shall be treated as |
| 9 | | made by the employee. This
subparagraph (Y) is exempt |
| 10 | | from the provisions of Section 250; |
| 11 | | (Z) For taxable years 2001 and thereafter, for the |
| 12 | | taxable year in
which the bonus depreciation deduction
|
| 13 | | is taken on the taxpayer's federal income tax return |
| 14 | | under
subsection (k) of Section 168 of the Internal |
| 15 | | Revenue Code and for each
applicable taxable year |
| 16 | | thereafter, an amount equal to "x", where: |
| 17 | | (1) "y" equals the amount of the depreciation |
| 18 | | deduction taken for the
taxable year
on the |
| 19 | | taxpayer's federal income tax return on property |
| 20 | | for which the bonus
depreciation deduction
was |
| 21 | | taken in any year under subsection (k) of Section |
| 22 | | 168 of the Internal
Revenue Code, but not |
| 23 | | including the bonus depreciation deduction; |
| 24 | | (2) for taxable years ending on or before |
| 25 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 26 | | and then divided by 70 (or "y"
multiplied by |
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| 1 | | 0.429); and |
| 2 | | (3) for taxable years ending after December |
| 3 | | 31, 2005: |
| 4 | | (i) for property on which a bonus |
| 5 | | depreciation deduction of 30% of the adjusted |
| 6 | | basis was taken, "x" equals "y" multiplied by |
| 7 | | 30 and then divided by 70 (or "y"
multiplied |
| 8 | | by 0.429); |
| 9 | | (ii) for property on which a bonus |
| 10 | | depreciation deduction of 50% of the adjusted |
| 11 | | basis was taken, "x" equals "y" multiplied by |
| 12 | | 1.0; |
| 13 | | (iii) for property on which a bonus |
| 14 | | depreciation deduction of 100% of the adjusted |
| 15 | | basis was taken in a taxable year ending on or |
| 16 | | after December 31, 2021, "x" equals the |
| 17 | | depreciation deduction that would be allowed |
| 18 | | on that property if the taxpayer had made the |
| 19 | | election under Section 168(k)(7) of the |
| 20 | | Internal Revenue Code to not claim bonus |
| 21 | | depreciation on that property; and |
| 22 | | (iv) for property on which a bonus |
| 23 | | depreciation deduction of a percentage other |
| 24 | | than 30%, 50% or 100% of the adjusted basis |
| 25 | | was taken in a taxable year ending on or after |
| 26 | | December 31, 2021, "x" equals "y" multiplied |
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| 1 | | by 100 times the percentage bonus depreciation |
| 2 | | on the property (that is, 100(bonus%)) and |
| 3 | | then divided by 100 times 1 minus the |
| 4 | | percentage bonus depreciation on the property |
| 5 | | (that is, 100(1–bonus%)). |
| 6 | | The aggregate amount deducted under this |
| 7 | | subparagraph in all taxable
years for any one piece of |
| 8 | | property may not exceed the amount of the bonus
|
| 9 | | depreciation deduction
taken on that property on the |
| 10 | | taxpayer's federal income tax return under
subsection |
| 11 | | (k) of Section 168 of the Internal Revenue Code. This |
| 12 | | subparagraph (Z) is exempt from the provisions of |
| 13 | | Section 250; |
| 14 | | (AA) If the taxpayer sells, transfers, abandons, |
| 15 | | or otherwise disposes of
property for which the |
| 16 | | taxpayer was required in any taxable year to make an
|
| 17 | | addition modification under subparagraph (D-15), then |
| 18 | | an amount equal to that
addition modification.
|
| 19 | | If the taxpayer continues to own property through |
| 20 | | the last day of the last tax year for which a |
| 21 | | subtraction is allowed with respect to that property |
| 22 | | under subparagraph (Z) and for which the taxpayer was |
| 23 | | required in any taxable year to make an addition |
| 24 | | modification under subparagraph (D-15), then an amount |
| 25 | | equal to that addition modification.
|
| 26 | | The taxpayer is allowed to take the deduction |
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| 1 | | under this subparagraph
only once with respect to any |
| 2 | | one piece of property. |
| 3 | | This subparagraph (AA) is exempt from the |
| 4 | | provisions of Section 250; |
| 5 | | (BB) Any amount included in adjusted gross income, |
| 6 | | other
than
salary,
received by a driver in a |
| 7 | | ridesharing arrangement using a motor vehicle; |
| 8 | | (CC) The amount of (i) any interest income (net of |
| 9 | | the deductions allocable thereto) taken into account |
| 10 | | for the taxable year with respect to a transaction |
| 11 | | with a taxpayer that is required to make an addition |
| 12 | | modification with respect to such transaction under |
| 13 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 14 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 15 | | the amount of that addition modification, and
(ii) any |
| 16 | | income from intangible property (net of the deductions |
| 17 | | allocable thereto) taken into account for the taxable |
| 18 | | year with respect to a transaction with a taxpayer |
| 19 | | that is required to make an addition modification with |
| 20 | | respect to such transaction under Section |
| 21 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 22 | | 203(d)(2)(D-8), but not to exceed the amount of that |
| 23 | | addition modification. This subparagraph (CC) is |
| 24 | | exempt from the provisions of Section 250; |
| 25 | | (DD) An amount equal to the interest income taken |
| 26 | | into account for the taxable year (net of the |
|
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| 1 | | deductions allocable thereto) with respect to |
| 2 | | transactions with (i) a foreign person who would be a |
| 3 | | member of the taxpayer's unitary business group but |
| 4 | | for the fact that the foreign person's business |
| 5 | | activity outside the United States is 80% or more of |
| 6 | | that person's total business activity and (ii) for |
| 7 | | taxable years ending on or after December 31, 2008, to |
| 8 | | a person who would be a member of the same unitary |
| 9 | | business group but for the fact that the person is |
| 10 | | prohibited under Section 1501(a)(27) from being |
| 11 | | included in the unitary business group because he or |
| 12 | | she is ordinarily required to apportion business |
| 13 | | income under different subsections of Section 304, but |
| 14 | | not to exceed the addition modification required to be |
| 15 | | made for the same taxable year under Section |
| 16 | | 203(a)(2)(D-17) for interest paid, accrued, or |
| 17 | | incurred, directly or indirectly, to the same person. |
| 18 | | This subparagraph (DD) is exempt from the provisions |
| 19 | | of Section 250; |
| 20 | | (EE) An amount equal to the income from intangible |
| 21 | | property taken into account for the taxable year (net |
| 22 | | of the deductions allocable thereto) with respect to |
| 23 | | transactions with (i) a foreign person who would be a |
| 24 | | member of the taxpayer's unitary business group but |
| 25 | | for the fact that the foreign person's business |
| 26 | | activity outside the United States is 80% or more of |
|
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| 1 | | that person's total business activity and (ii) for |
| 2 | | taxable years ending on or after December 31, 2008, to |
| 3 | | a person who would be a member of the same unitary |
| 4 | | business group but for the fact that the person is |
| 5 | | prohibited under Section 1501(a)(27) from being |
| 6 | | included in the unitary business group because he or |
| 7 | | she is ordinarily required to apportion business |
| 8 | | income under different subsections of Section 304, but |
| 9 | | not to exceed the addition modification required to be |
| 10 | | made for the same taxable year under Section |
| 11 | | 203(a)(2)(D-18) for intangible expenses and costs |
| 12 | | paid, accrued, or incurred, directly or indirectly, to |
| 13 | | the same foreign person. This subparagraph (EE) is |
| 14 | | exempt from the provisions of Section 250; |
| 15 | | (FF) An amount equal to any amount awarded to the |
| 16 | | taxpayer during the taxable year by the Court of |
| 17 | | Claims under subsection (c) of Section 8 of the Court |
| 18 | | of Claims Act for time unjustly served in a State |
| 19 | | prison. This subparagraph (FF) is exempt from the |
| 20 | | provisions of Section 250; |
| 21 | | (GG) For taxable years ending on or after December |
| 22 | | 31, 2011, in the case of a taxpayer who was required to |
| 23 | | add back any insurance premiums under Section |
| 24 | | 203(a)(2)(D-19), such taxpayer may elect to subtract |
| 25 | | that part of a reimbursement received from the |
| 26 | | insurance company equal to the amount of the expense |
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| 1 | | or loss (including expenses incurred by the insurance |
| 2 | | company) that would have been taken into account as a |
| 3 | | deduction for federal income tax purposes if the |
| 4 | | expense or loss had been uninsured. If a taxpayer |
| 5 | | makes the election provided for by this subparagraph |
| 6 | | (GG), the insurer to which the premiums were paid must |
| 7 | | add back to income the amount subtracted by the |
| 8 | | taxpayer pursuant to this subparagraph (GG). This |
| 9 | | subparagraph (GG) is exempt from the provisions of |
| 10 | | Section 250; |
| 11 | | (HH) For taxable years beginning on or after |
| 12 | | January 1, 2018 and prior to January 1, 2028, a maximum |
| 13 | | of $10,000 contributed in the taxable year to a |
| 14 | | qualified ABLE account under Section 16.6 of the State |
| 15 | | Treasurer Act, except that amounts excluded from gross |
| 16 | | income under Section 529(c)(3)(C)(i) or Section |
| 17 | | 529A(c)(1)(C) of the Internal Revenue Code shall not |
| 18 | | be considered moneys contributed under this |
| 19 | | subparagraph (HH). For purposes of this subparagraph |
| 20 | | (HH), contributions made by an employer on behalf of |
| 21 | | an employee, or matching contributions made by an |
| 22 | | employee, shall be treated as made by the employee; |
| 23 | | and |
| 24 | | (II) For taxable years that begin on or after |
| 25 | | January 1, 2021 and begin before January 1, 2026, the |
| 26 | | amount that is included in the taxpayer's federal |
|
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| 1 | | adjusted gross income pursuant to Section 61 of the |
| 2 | | Internal Revenue Code as discharge of indebtedness |
| 3 | | attributable to student loan forgiveness and that is |
| 4 | | not excluded from the taxpayer's federal adjusted |
| 5 | | gross income pursuant to paragraph (5) of subsection |
| 6 | | (f) of Section 108 of the Internal Revenue Code; and . |
| 7 | | (JJ) For taxable years beginning on or after |
| 8 | | January 1, 2023, for any cannabis establishment |
| 9 | | operating in this State and licensed under the |
| 10 | | Cannabis Regulation and Tax Act or any cannabis |
| 11 | | cultivation center or medical cannabis dispensing |
| 12 | | organization operating in this State and licensed |
| 13 | | under the Compassionate Use of Medical Cannabis |
| 14 | | Program Act, an amount equal to the deductions that |
| 15 | | were disallowed under Section 280E of the Internal |
| 16 | | Revenue Code for the taxable year and that would not be |
| 17 | | added back under this subsection. The provisions of |
| 18 | | this subparagraph (JJ) are exempt from the provisions |
| 19 | | of Section 250.
|
| 20 | | (b) Corporations. |
| 21 | | (1) In general. In the case of a corporation, base |
| 22 | | income means an
amount equal to the taxpayer's taxable |
| 23 | | income for the taxable year as
modified by paragraph (2). |
| 24 | | (2) Modifications. The taxable income referred to in |
| 25 | | paragraph (1)
shall be modified by adding thereto the sum |
|
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| 1 | | of the following amounts: |
| 2 | | (A) An amount equal to all amounts paid or accrued |
| 3 | | to the taxpayer
as interest and all distributions |
| 4 | | received from regulated investment
companies during |
| 5 | | the taxable year to the extent excluded from gross
|
| 6 | | income in the computation of taxable income; |
| 7 | | (B) An amount equal to the amount of tax imposed by |
| 8 | | this Act to the
extent deducted from gross income in |
| 9 | | the computation of taxable income
for the taxable |
| 10 | | year; |
| 11 | | (C) In the case of a regulated investment company, |
| 12 | | an amount equal to
the excess of (i) the net long-term |
| 13 | | capital gain for the taxable year, over
(ii) the |
| 14 | | amount of the capital gain dividends designated as |
| 15 | | such in accordance
with Section 852(b)(3)(C) of the |
| 16 | | Internal Revenue Code and any amount
designated under |
| 17 | | Section 852(b)(3)(D) of the Internal Revenue Code,
|
| 18 | | attributable to the taxable year (this amendatory Act |
| 19 | | of 1995
(Public Act 89-89) is declarative of existing |
| 20 | | law and is not a new
enactment); |
| 21 | | (D) The amount of any net operating loss deduction |
| 22 | | taken in arriving
at taxable income, other than a net |
| 23 | | operating loss carried forward from a
taxable year |
| 24 | | ending prior to December 31, 1986; |
| 25 | | (E) For taxable years in which a net operating |
| 26 | | loss carryback or
carryforward from a taxable year |
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| 1 | | ending prior to December 31, 1986 is an
element of |
| 2 | | taxable income under paragraph (1) of subsection (e) |
| 3 | | or
subparagraph (E) of paragraph (2) of subsection |
| 4 | | (e), the amount by which
addition modifications other |
| 5 | | than those provided by this subparagraph (E)
exceeded |
| 6 | | subtraction modifications in such earlier taxable |
| 7 | | year, with the
following limitations applied in the |
| 8 | | order that they are listed: |
| 9 | | (i) the addition modification relating to the |
| 10 | | net operating loss
carried back or forward to the |
| 11 | | taxable year from any taxable year ending
prior to |
| 12 | | December 31, 1986 shall be reduced by the amount |
| 13 | | of addition
modification under this subparagraph |
| 14 | | (E) which related to that net operating
loss and |
| 15 | | which was taken into account in calculating the |
| 16 | | base income of an
earlier taxable year, and |
| 17 | | (ii) the addition modification relating to the |
| 18 | | net operating loss
carried back or forward to the |
| 19 | | taxable year from any taxable year ending
prior to |
| 20 | | December 31, 1986 shall not exceed the amount of |
| 21 | | such carryback or
carryforward; |
| 22 | | For taxable years in which there is a net |
| 23 | | operating loss carryback or
carryforward from more |
| 24 | | than one other taxable year ending prior to December
|
| 25 | | 31, 1986, the addition modification provided in this |
| 26 | | subparagraph (E) shall
be the sum of the amounts |
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| 1 | | computed independently under the preceding
provisions |
| 2 | | of this subparagraph (E) for each such taxable year; |
| 3 | | (E-5) For taxable years ending after December 31, |
| 4 | | 1997, an
amount equal to any eligible remediation |
| 5 | | costs that the corporation
deducted in computing |
| 6 | | adjusted gross income and for which the
corporation |
| 7 | | claims a credit under subsection (l) of Section 201; |
| 8 | | (E-10) For taxable years 2001 and thereafter, an |
| 9 | | amount equal to the
bonus depreciation deduction taken |
| 10 | | on the taxpayer's federal income tax return for the |
| 11 | | taxable
year under subsection (k) of Section 168 of |
| 12 | | the Internal Revenue Code; |
| 13 | | (E-11) If the taxpayer sells, transfers, abandons, |
| 14 | | or otherwise disposes of property for which the |
| 15 | | taxpayer was required in any taxable year to
make an |
| 16 | | addition modification under subparagraph (E-10), then |
| 17 | | an amount equal
to the aggregate amount of the |
| 18 | | deductions taken in all taxable
years under |
| 19 | | subparagraph (T) with respect to that property. |
| 20 | | If the taxpayer continues to own property through |
| 21 | | the last day of the last tax year for which a |
| 22 | | subtraction is allowed with respect to that property |
| 23 | | under subparagraph (T) and for which the taxpayer was |
| 24 | | allowed in any taxable year to make a subtraction |
| 25 | | modification under subparagraph (T), then an amount |
| 26 | | equal to that subtraction modification.
|
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| 1 | | The taxpayer is required to make the addition |
| 2 | | modification under this
subparagraph
only once with |
| 3 | | respect to any one piece of property; |
| 4 | | (E-12) An amount equal to the amount otherwise |
| 5 | | allowed as a deduction in computing base income for |
| 6 | | interest paid, accrued, or incurred, directly or |
| 7 | | indirectly, (i) for taxable years ending on or after |
| 8 | | December 31, 2004, to a foreign person who would be a |
| 9 | | member of the same unitary business group but for the |
| 10 | | fact the foreign person's business activity outside |
| 11 | | the United States is 80% or more of the foreign |
| 12 | | person's total business activity and (ii) for taxable |
| 13 | | years ending on or after December 31, 2008, to a person |
| 14 | | who would be a member of the same unitary business |
| 15 | | group but for the fact that the person is prohibited |
| 16 | | under Section 1501(a)(27) from being included in the |
| 17 | | unitary business group because he or she is ordinarily |
| 18 | | required to apportion business income under different |
| 19 | | subsections of Section 304. The addition modification |
| 20 | | required by this subparagraph shall be reduced to the |
| 21 | | extent that dividends were included in base income of |
| 22 | | the unitary group for the same taxable year and |
| 23 | | received by the taxpayer or by a member of the |
| 24 | | taxpayer's unitary business group (including amounts |
| 25 | | included in gross income pursuant to Sections 951 |
| 26 | | through 964 of the Internal Revenue Code and amounts |
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| 1 | | included in gross income under Section 78 of the |
| 2 | | Internal Revenue Code) with respect to the stock of |
| 3 | | the same person to whom the interest was paid, |
| 4 | | accrued, or incurred.
|
| 5 | | This paragraph shall not apply to the following:
|
| 6 | | (i) an item of interest paid, accrued, or |
| 7 | | incurred, directly or indirectly, to a person who |
| 8 | | is subject in a foreign country or state, other |
| 9 | | than a state which requires mandatory unitary |
| 10 | | reporting, to a tax on or measured by net income |
| 11 | | with respect to such interest; or |
| 12 | | (ii) an item of interest paid, accrued, or |
| 13 | | incurred, directly or indirectly, to a person if |
| 14 | | the taxpayer can establish, based on a |
| 15 | | preponderance of the evidence, both of the |
| 16 | | following: |
| 17 | | (a) the person, during the same taxable |
| 18 | | year, paid, accrued, or incurred, the interest |
| 19 | | to a person that is not a related member, and |
| 20 | | (b) the transaction giving rise to the |
| 21 | | interest expense between the taxpayer and the |
| 22 | | person did not have as a principal purpose the |
| 23 | | avoidance of Illinois income tax, and is paid |
| 24 | | pursuant to a contract or agreement that |
| 25 | | reflects an arm's-length interest rate and |
| 26 | | terms; or
|
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| 1 | | (iii) the taxpayer can establish, based on |
| 2 | | clear and convincing evidence, that the interest |
| 3 | | paid, accrued, or incurred relates to a contract |
| 4 | | or agreement entered into at arm's-length rates |
| 5 | | and terms and the principal purpose for the |
| 6 | | payment is not federal or Illinois tax avoidance; |
| 7 | | or
|
| 8 | | (iv) an item of interest paid, accrued, or |
| 9 | | incurred, directly or indirectly, to a person if |
| 10 | | the taxpayer establishes by clear and convincing |
| 11 | | evidence that the adjustments are unreasonable; or |
| 12 | | if the taxpayer and the Director agree in writing |
| 13 | | to the application or use of an alternative method |
| 14 | | of apportionment under Section 304(f).
|
| 15 | | Nothing in this subsection shall preclude the |
| 16 | | Director from making any other adjustment |
| 17 | | otherwise allowed under Section 404 of this Act |
| 18 | | for any tax year beginning after the effective |
| 19 | | date of this amendment provided such adjustment is |
| 20 | | made pursuant to regulation adopted by the |
| 21 | | Department and such regulations provide methods |
| 22 | | and standards by which the Department will utilize |
| 23 | | its authority under Section 404 of this Act;
|
| 24 | | (E-13) An amount equal to the amount of intangible |
| 25 | | expenses and costs otherwise allowed as a deduction in |
| 26 | | computing base income, and that were paid, accrued, or |
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| 1 | | incurred, directly or indirectly, (i) for taxable |
| 2 | | years ending on or after December 31, 2004, to a |
| 3 | | foreign person who would be a member of the same |
| 4 | | unitary business group but for the fact that the |
| 5 | | foreign person's business activity outside the United |
| 6 | | States is 80% or more of that person's total business |
| 7 | | activity and (ii) for taxable years ending on or after |
| 8 | | December 31, 2008, to a person who would be a member of |
| 9 | | the same unitary business group but for the fact that |
| 10 | | the person is prohibited under Section 1501(a)(27) |
| 11 | | from being included in the unitary business group |
| 12 | | because he or she is ordinarily required to apportion |
| 13 | | business income under different subsections of Section |
| 14 | | 304. The addition modification required by this |
| 15 | | subparagraph shall be reduced to the extent that |
| 16 | | dividends were included in base income of the unitary |
| 17 | | group for the same taxable year and received by the |
| 18 | | taxpayer or by a member of the taxpayer's unitary |
| 19 | | business group (including amounts included in gross |
| 20 | | income pursuant to Sections 951 through 964 of the |
| 21 | | Internal Revenue Code and amounts included in gross |
| 22 | | income under Section 78 of the Internal Revenue Code) |
| 23 | | with respect to the stock of the same person to whom |
| 24 | | the intangible expenses and costs were directly or |
| 25 | | indirectly paid, incurred, or accrued. The preceding |
| 26 | | sentence shall not apply to the extent that the same |
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| 1 | | dividends caused a reduction to the addition |
| 2 | | modification required under Section 203(b)(2)(E-12) of |
| 3 | | this Act.
As used in this subparagraph, the term |
| 4 | | "intangible expenses and costs" includes (1) expenses, |
| 5 | | losses, and costs for, or related to, the direct or |
| 6 | | indirect acquisition, use, maintenance or management, |
| 7 | | ownership, sale, exchange, or any other disposition of |
| 8 | | intangible property; (2) losses incurred, directly or |
| 9 | | indirectly, from factoring transactions or discounting |
| 10 | | transactions; (3) royalty, patent, technical, and |
| 11 | | copyright fees; (4) licensing fees; and (5) other |
| 12 | | similar expenses and costs.
For purposes of this |
| 13 | | subparagraph, "intangible property" includes patents, |
| 14 | | patent applications, trade names, trademarks, service |
| 15 | | marks, copyrights, mask works, trade secrets, and |
| 16 | | similar types of intangible assets. |
| 17 | | This paragraph shall not apply to the following: |
| 18 | | (i) any item of intangible expenses or costs |
| 19 | | paid, accrued, or incurred, directly or |
| 20 | | indirectly, from a transaction with a person who |
| 21 | | is subject in a foreign country or state, other |
| 22 | | than a state which requires mandatory unitary |
| 23 | | reporting, to a tax on or measured by net income |
| 24 | | with respect to such item; or |
| 25 | | (ii) any item of intangible expense or cost |
| 26 | | paid, accrued, or incurred, directly or |
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| 1 | | indirectly, if the taxpayer can establish, based |
| 2 | | on a preponderance of the evidence, both of the |
| 3 | | following: |
| 4 | | (a) the person during the same taxable |
| 5 | | year paid, accrued, or incurred, the |
| 6 | | intangible expense or cost to a person that is |
| 7 | | not a related member, and |
| 8 | | (b) the transaction giving rise to the |
| 9 | | intangible expense or cost between the |
| 10 | | taxpayer and the person did not have as a |
| 11 | | principal purpose the avoidance of Illinois |
| 12 | | income tax, and is paid pursuant to a contract |
| 13 | | or agreement that reflects arm's-length terms; |
| 14 | | or |
| 15 | | (iii) any item of intangible expense or cost |
| 16 | | paid, accrued, or incurred, directly or |
| 17 | | indirectly, from a transaction with a person if |
| 18 | | the taxpayer establishes by clear and convincing |
| 19 | | evidence, that the adjustments are unreasonable; |
| 20 | | or if the taxpayer and the Director agree in |
| 21 | | writing to the application or use of an |
| 22 | | alternative method of apportionment under Section |
| 23 | | 304(f);
|
| 24 | | Nothing in this subsection shall preclude the |
| 25 | | Director from making any other adjustment |
| 26 | | otherwise allowed under Section 404 of this Act |
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| 1 | | for any tax year beginning after the effective |
| 2 | | date of this amendment provided such adjustment is |
| 3 | | made pursuant to regulation adopted by the |
| 4 | | Department and such regulations provide methods |
| 5 | | and standards by which the Department will utilize |
| 6 | | its authority under Section 404 of this Act;
|
| 7 | | (E-14) For taxable years ending on or after |
| 8 | | December 31, 2008, an amount equal to the amount of |
| 9 | | insurance premium expenses and costs otherwise allowed |
| 10 | | as a deduction in computing base income, and that were |
| 11 | | paid, accrued, or incurred, directly or indirectly, to |
| 12 | | a person who would be a member of the same unitary |
| 13 | | business group but for the fact that the person is |
| 14 | | prohibited under Section 1501(a)(27) from being |
| 15 | | included in the unitary business group because he or |
| 16 | | she is ordinarily required to apportion business |
| 17 | | income under different subsections of Section 304. The |
| 18 | | addition modification required by this subparagraph |
| 19 | | shall be reduced to the extent that dividends were |
| 20 | | included in base income of the unitary group for the |
| 21 | | same taxable year and received by the taxpayer or by a |
| 22 | | member of the taxpayer's unitary business group |
| 23 | | (including amounts included in gross income under |
| 24 | | Sections 951 through 964 of the Internal Revenue Code |
| 25 | | and amounts included in gross income under Section 78 |
| 26 | | of the Internal Revenue Code) with respect to the |
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| 1 | | stock of the same person to whom the premiums and costs |
| 2 | | were directly or indirectly paid, incurred, or |
| 3 | | accrued. The preceding sentence does not apply to the |
| 4 | | extent that the same dividends caused a reduction to |
| 5 | | the addition modification required under Section |
| 6 | | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this |
| 7 | | Act;
|
| 8 | | (E-15) For taxable years beginning after December |
| 9 | | 31, 2008, any deduction for dividends paid by a |
| 10 | | captive real estate investment trust that is allowed |
| 11 | | to a real estate investment trust under Section |
| 12 | | 857(b)(2)(B) of the Internal Revenue Code for |
| 13 | | dividends paid; |
| 14 | | (E-16) An amount equal to the credit allowable to |
| 15 | | the taxpayer under Section 218(a) of this Act, |
| 16 | | determined without regard to Section 218(c) of this |
| 17 | | Act; |
| 18 | | (E-17) For taxable years ending on or after |
| 19 | | December 31, 2017, an amount equal to the deduction |
| 20 | | allowed under Section 199 of the Internal Revenue Code |
| 21 | | for the taxable year; |
| 22 | | (E-18) for taxable years beginning after December |
| 23 | | 31, 2018, an amount equal to the deduction allowed |
| 24 | | under Section 250(a)(1)(A) of the Internal Revenue |
| 25 | | Code for the taxable year; |
| 26 | | (E-19) for taxable years ending on or after June |
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| 1 | | 30, 2021, an amount equal to the deduction allowed |
| 2 | | under Section 250(a)(1)(B)(i) of the Internal Revenue |
| 3 | | Code for the taxable year; |
| 4 | | (E-20) for taxable years ending on or after June |
| 5 | | 30, 2021, an amount equal to the deduction allowed |
| 6 | | under Sections 243(e) and 245A(a) of the Internal |
| 7 | | Revenue Code for the taxable year. |
| 8 | | and by deducting from the total so obtained the sum of the |
| 9 | | following
amounts: |
| 10 | | (F) An amount equal to the amount of any tax |
| 11 | | imposed by this Act
which was refunded to the taxpayer |
| 12 | | and included in such total for the
taxable year; |
| 13 | | (G) An amount equal to any amount included in such |
| 14 | | total under
Section 78 of the Internal Revenue Code; |
| 15 | | (H) In the case of a regulated investment company, |
| 16 | | an amount equal
to the amount of exempt interest |
| 17 | | dividends as defined in subsection (b)(5) of Section |
| 18 | | 852 of the Internal Revenue Code, paid to shareholders
|
| 19 | | for the taxable year; |
| 20 | | (I) With the exception of any amounts subtracted |
| 21 | | under subparagraph
(J),
an amount equal to the sum of |
| 22 | | all amounts disallowed as
deductions by (i) Sections |
| 23 | | 171(a)(2) and 265(a)(2) and amounts disallowed as
|
| 24 | | interest expense by Section 291(a)(3) of the Internal |
| 25 | | Revenue Code, and all amounts of expenses allocable to |
| 26 | | interest and
disallowed as deductions by Section |
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| | 10300HB3817sam003 | - 812 - | LRB103 30519 JDS 62537 a |
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| 1 | | 265(a)(1) of the Internal Revenue Code;
and (ii) for |
| 2 | | taxable years
ending on or after August 13, 1999, |
| 3 | | Sections
171(a)(2), 265,
280C, 291(a)(3), and |
| 4 | | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, |
| 5 | | for tax years ending on or after December 31, 2011, |
| 6 | | amounts disallowed as deductions by Section 45G(e)(3) |
| 7 | | of the Internal Revenue Code and, for taxable years |
| 8 | | ending on or after December 31, 2008, any amount |
| 9 | | included in gross income under Section 87 of the |
| 10 | | Internal Revenue Code and the policyholders' share of |
| 11 | | tax-exempt interest of a life insurance company under |
| 12 | | Section 807(a)(2)(B) of the Internal Revenue Code (in |
| 13 | | the case of a life insurance company with gross income |
| 14 | | from a decrease in reserves for the tax year) or |
| 15 | | Section 807(b)(1)(B) of the Internal Revenue Code (in |
| 16 | | the case of a life insurance company allowed a |
| 17 | | deduction for an increase in reserves for the tax |
| 18 | | year); the
provisions of this
subparagraph are exempt |
| 19 | | from the provisions of Section 250; |
| 20 | | (J) An amount equal to all amounts included in |
| 21 | | such total which are
exempt from taxation by this |
| 22 | | State either by reason of its statutes or
Constitution
|
| 23 | | or by reason of the Constitution, treaties or statutes |
| 24 | | of the United States;
provided that, in the case of any |
| 25 | | statute of this State that exempts income
derived from |
| 26 | | bonds or other obligations from the tax imposed under |
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| | 10300HB3817sam003 | - 813 - | LRB103 30519 JDS 62537 a |
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| 1 | | this Act,
the amount exempted shall be the interest |
| 2 | | net of bond premium amortization; |
| 3 | | (K) An amount equal to those dividends included in |
| 4 | | such total
which were paid by a corporation which |
| 5 | | conducts
business operations in a River Edge |
| 6 | | Redevelopment Zone or zones created under the River |
| 7 | | Edge Redevelopment Zone Act and conducts substantially |
| 8 | | all of its
operations in a River Edge Redevelopment |
| 9 | | Zone or zones. This subparagraph (K) is exempt from |
| 10 | | the provisions of Section 250; |
| 11 | | (L) An amount equal to those dividends included in |
| 12 | | such total that
were paid by a corporation that |
| 13 | | conducts business operations in a federally
designated |
| 14 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 15 | | a High Impact
Business located in Illinois; provided |
| 16 | | that dividends eligible for the
deduction provided in |
| 17 | | subparagraph (K) of paragraph 2 of this subsection
|
| 18 | | shall not be eligible for the deduction provided under |
| 19 | | this subparagraph
(L); |
| 20 | | (M) For any taxpayer that is a financial |
| 21 | | organization within the meaning
of Section 304(c) of |
| 22 | | this Act, an amount included in such total as interest
|
| 23 | | income from a loan or loans made by such taxpayer to a |
| 24 | | borrower, to the extent
that such a loan is secured by |
| 25 | | property which is eligible for the River Edge |
| 26 | | Redevelopment Zone Investment Credit. To determine the |
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| | 10300HB3817sam003 | - 814 - | LRB103 30519 JDS 62537 a |
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| 1 | | portion of a loan or loans that is
secured by property |
| 2 | | eligible for a Section 201(f) investment
credit to the |
| 3 | | borrower, the entire principal amount of the loan or |
| 4 | | loans
between the taxpayer and the borrower should be |
| 5 | | divided into the basis of the
Section 201(f) |
| 6 | | investment credit property which secures the
loan or |
| 7 | | loans, using for this purpose the original basis of |
| 8 | | such property on
the date that it was placed in service |
| 9 | | in the River Edge Redevelopment Zone. The subtraction |
| 10 | | modification available to the taxpayer in any
year |
| 11 | | under this subsection shall be that portion of the |
| 12 | | total interest paid
by the borrower with respect to |
| 13 | | such loan attributable to the eligible
property as |
| 14 | | calculated under the previous sentence. This |
| 15 | | subparagraph (M) is exempt from the provisions of |
| 16 | | Section 250; |
| 17 | | (M-1) For any taxpayer that is a financial |
| 18 | | organization within the
meaning of Section 304(c) of |
| 19 | | this Act, an amount included in such total as
interest |
| 20 | | income from a loan or loans made by such taxpayer to a |
| 21 | | borrower,
to the extent that such a loan is secured by |
| 22 | | property which is eligible for
the High Impact |
| 23 | | Business Investment Credit. To determine the portion |
| 24 | | of a
loan or loans that is secured by property eligible |
| 25 | | for a Section 201(h) investment credit to the |
| 26 | | borrower, the entire principal amount of
the loan or |
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| 1 | | loans between the taxpayer and the borrower should be |
| 2 | | divided into
the basis of the Section 201(h) |
| 3 | | investment credit property which
secures the loan or |
| 4 | | loans, using for this purpose the original basis of |
| 5 | | such
property on the date that it was placed in service |
| 6 | | in a federally designated
Foreign Trade Zone or |
| 7 | | Sub-Zone located in Illinois. No taxpayer that is
|
| 8 | | eligible for the deduction provided in subparagraph |
| 9 | | (M) of paragraph (2) of
this subsection shall be |
| 10 | | eligible for the deduction provided under this
|
| 11 | | subparagraph (M-1). The subtraction modification |
| 12 | | available to taxpayers in
any year under this |
| 13 | | subsection shall be that portion of the total interest
|
| 14 | | paid by the borrower with respect to such loan |
| 15 | | attributable to the eligible
property as calculated |
| 16 | | under the previous sentence; |
| 17 | | (N) Two times any contribution made during the |
| 18 | | taxable year to a
designated zone organization to the |
| 19 | | extent that the contribution (i)
qualifies as a |
| 20 | | charitable contribution under subsection (c) of |
| 21 | | Section 170
of the Internal Revenue Code and (ii) |
| 22 | | must, by its terms, be used for a
project approved by |
| 23 | | the Department of Commerce and Economic Opportunity |
| 24 | | under Section 11 of the Illinois Enterprise Zone Act |
| 25 | | or under Section 10-10 of the River Edge Redevelopment |
| 26 | | Zone Act. This subparagraph (N) is exempt from the |
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| | 10300HB3817sam003 | - 816 - | LRB103 30519 JDS 62537 a |
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| 1 | | provisions of Section 250; |
| 2 | | (O) An amount equal to: (i) 85% for taxable years |
| 3 | | ending on or before
December 31, 1992, or, a |
| 4 | | percentage equal to the percentage allowable under
|
| 5 | | Section 243(a)(1) of the Internal Revenue Code of 1986 |
| 6 | | for taxable years ending
after December 31, 1992, of |
| 7 | | the amount by which dividends included in taxable
|
| 8 | | income and received from a corporation that is not |
| 9 | | created or organized under
the laws of the United |
| 10 | | States or any state or political subdivision thereof,
|
| 11 | | including, for taxable years ending on or after |
| 12 | | December 31, 1988, dividends
received or deemed |
| 13 | | received or paid or deemed paid under Sections 951 |
| 14 | | through
965 of the Internal Revenue Code, exceed the |
| 15 | | amount of the modification
provided under subparagraph |
| 16 | | (G) of paragraph (2) of this subsection (b) which
is |
| 17 | | related to such dividends, and including, for taxable |
| 18 | | years ending on or after December 31, 2008, dividends |
| 19 | | received from a captive real estate investment trust; |
| 20 | | plus (ii) 100% of the amount by which dividends,
|
| 21 | | included in taxable income and received, including, |
| 22 | | for taxable years ending on
or after December 31, |
| 23 | | 1988, dividends received or deemed received or paid or
|
| 24 | | deemed paid under Sections 951 through 964 of the |
| 25 | | Internal Revenue Code and including, for taxable years |
| 26 | | ending on or after December 31, 2008, dividends |
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| | 10300HB3817sam003 | - 817 - | LRB103 30519 JDS 62537 a |
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| 1 | | received from a captive real estate investment trust, |
| 2 | | from
any such corporation specified in clause (i) that |
| 3 | | would but for the provisions
of Section 1504(b)(3) of |
| 4 | | the Internal Revenue Code be treated as a member of
the |
| 5 | | affiliated group which includes the dividend |
| 6 | | recipient, exceed the amount
of the modification |
| 7 | | provided under subparagraph (G) of paragraph (2) of |
| 8 | | this
subsection (b) which is related to such |
| 9 | | dividends. For taxable years ending on or after June |
| 10 | | 30, 2021, (i) for purposes of this subparagraph, the |
| 11 | | term "dividend" does not include any amount treated as |
| 12 | | a dividend under Section 1248 of the Internal Revenue |
| 13 | | Code, and (ii) this subparagraph shall not apply to |
| 14 | | dividends for which a deduction is allowed under |
| 15 | | Section 245(a) of the Internal Revenue Code. This |
| 16 | | subparagraph (O) is exempt from the provisions of |
| 17 | | Section 250 of this Act; |
| 18 | | (P) An amount equal to any contribution made to a |
| 19 | | job training project
established pursuant to the Tax |
| 20 | | Increment Allocation Redevelopment Act; |
| 21 | | (Q) An amount equal to the amount of the deduction |
| 22 | | used to compute the
federal income tax credit for |
| 23 | | restoration of substantial amounts held under
claim of |
| 24 | | right for the taxable year pursuant to Section 1341 of |
| 25 | | the
Internal Revenue Code; |
| 26 | | (R) On and after July 20, 1999, in the case of an |
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| | 10300HB3817sam003 | - 818 - | LRB103 30519 JDS 62537 a |
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| 1 | | attorney-in-fact with respect to whom an
interinsurer |
| 2 | | or a reciprocal insurer has made the election under |
| 3 | | Section 835 of
the Internal Revenue Code, 26 U.S.C. |
| 4 | | 835, an amount equal to the excess, if
any, of the |
| 5 | | amounts paid or incurred by that interinsurer or |
| 6 | | reciprocal insurer
in the taxable year to the |
| 7 | | attorney-in-fact over the deduction allowed to that
|
| 8 | | interinsurer or reciprocal insurer with respect to the |
| 9 | | attorney-in-fact under
Section 835(b) of the Internal |
| 10 | | Revenue Code for the taxable year; the provisions of |
| 11 | | this subparagraph are exempt from the provisions of |
| 12 | | Section 250; |
| 13 | | (S) For taxable years ending on or after December |
| 14 | | 31, 1997, in the
case of a Subchapter
S corporation, an |
| 15 | | amount equal to all amounts of income allocable to a
|
| 16 | | shareholder subject to the Personal Property Tax |
| 17 | | Replacement Income Tax imposed
by subsections (c) and |
| 18 | | (d) of Section 201 of this Act, including amounts
|
| 19 | | allocable to organizations exempt from federal income |
| 20 | | tax by reason of Section
501(a) of the Internal |
| 21 | | Revenue Code. This subparagraph (S) is exempt from
the |
| 22 | | provisions of Section 250; |
| 23 | | (T) For taxable years 2001 and thereafter, for the |
| 24 | | taxable year in
which the bonus depreciation deduction
|
| 25 | | is taken on the taxpayer's federal income tax return |
| 26 | | under
subsection (k) of Section 168 of the Internal |
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| | 10300HB3817sam003 | - 819 - | LRB103 30519 JDS 62537 a |
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| 1 | | Revenue Code and for each
applicable taxable year |
| 2 | | thereafter, an amount equal to "x", where: |
| 3 | | (1) "y" equals the amount of the depreciation |
| 4 | | deduction taken for the
taxable year
on the |
| 5 | | taxpayer's federal income tax return on property |
| 6 | | for which the bonus
depreciation deduction
was |
| 7 | | taken in any year under subsection (k) of Section |
| 8 | | 168 of the Internal
Revenue Code, but not |
| 9 | | including the bonus depreciation deduction; |
| 10 | | (2) for taxable years ending on or before |
| 11 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 12 | | and then divided by 70 (or "y"
multiplied by |
| 13 | | 0.429); and |
| 14 | | (3) for taxable years ending after December |
| 15 | | 31, 2005: |
| 16 | | (i) for property on which a bonus |
| 17 | | depreciation deduction of 30% of the adjusted |
| 18 | | basis was taken, "x" equals "y" multiplied by |
| 19 | | 30 and then divided by 70 (or "y"
multiplied |
| 20 | | by 0.429); |
| 21 | | (ii) for property on which a bonus |
| 22 | | depreciation deduction of 50% of the adjusted |
| 23 | | basis was taken, "x" equals "y" multiplied by |
| 24 | | 1.0; |
| 25 | | (iii) for property on which a bonus |
| 26 | | depreciation deduction of 100% of the adjusted |
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| 1 | | basis was taken in a taxable year ending on or |
| 2 | | after December 31, 2021, "x" equals the |
| 3 | | depreciation deduction that would be allowed |
| 4 | | on that property if the taxpayer had made the |
| 5 | | election under Section 168(k)(7) of the |
| 6 | | Internal Revenue Code to not claim bonus |
| 7 | | depreciation on that property; and |
| 8 | | (iv) for property on which a bonus |
| 9 | | depreciation deduction of a percentage other |
| 10 | | than 30%, 50% or 100% of the adjusted basis |
| 11 | | was taken in a taxable year ending on or after |
| 12 | | December 31, 2021, "x" equals "y" multiplied |
| 13 | | by 100 times the percentage bonus depreciation |
| 14 | | on the property (that is, 100(bonus%)) and |
| 15 | | then divided by 100 times 1 minus the |
| 16 | | percentage bonus depreciation on the property |
| 17 | | (that is, 100(1–bonus%)). |
| 18 | | The aggregate amount deducted under this |
| 19 | | subparagraph in all taxable
years for any one piece of |
| 20 | | property may not exceed the amount of the bonus
|
| 21 | | depreciation deduction
taken on that property on the |
| 22 | | taxpayer's federal income tax return under
subsection |
| 23 | | (k) of Section 168 of the Internal Revenue Code. This |
| 24 | | subparagraph (T) is exempt from the provisions of |
| 25 | | Section 250; |
| 26 | | (U) If the taxpayer sells, transfers, abandons, or |
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| 1 | | otherwise disposes of
property for which the taxpayer |
| 2 | | was required in any taxable year to make an
addition |
| 3 | | modification under subparagraph (E-10), then an amount |
| 4 | | equal to that
addition modification. |
| 5 | | If the taxpayer continues to own property through |
| 6 | | the last day of the last tax year for which a |
| 7 | | subtraction is allowed with respect to that property |
| 8 | | under subparagraph (T) and for which the taxpayer was |
| 9 | | required in any taxable year to make an addition |
| 10 | | modification under subparagraph (E-10), then an amount |
| 11 | | equal to that addition modification.
|
| 12 | | The taxpayer is allowed to take the deduction |
| 13 | | under this subparagraph
only once with respect to any |
| 14 | | one piece of property. |
| 15 | | This subparagraph (U) is exempt from the |
| 16 | | provisions of Section 250; |
| 17 | | (V) The amount of: (i) any interest income (net of |
| 18 | | the deductions allocable thereto) taken into account |
| 19 | | for the taxable year with respect to a transaction |
| 20 | | with a taxpayer that is required to make an addition |
| 21 | | modification with respect to such transaction under |
| 22 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 23 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 24 | | the amount of such addition modification,
(ii) any |
| 25 | | income from intangible property (net of the deductions |
| 26 | | allocable thereto) taken into account for the taxable |
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| 1 | | year with respect to a transaction with a taxpayer |
| 2 | | that is required to make an addition modification with |
| 3 | | respect to such transaction under Section |
| 4 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 5 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 6 | | addition modification, and (iii) any insurance premium |
| 7 | | income (net of deductions allocable thereto) taken |
| 8 | | into account for the taxable year with respect to a |
| 9 | | transaction with a taxpayer that is required to make |
| 10 | | an addition modification with respect to such |
| 11 | | transaction under Section 203(a)(2)(D-19), Section |
| 12 | | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section |
| 13 | | 203(d)(2)(D-9), but not to exceed the amount of that |
| 14 | | addition modification. This subparagraph (V) is exempt |
| 15 | | from the provisions of Section 250;
|
| 16 | | (W) An amount equal to the interest income taken |
| 17 | | into account for the taxable year (net of the |
| 18 | | deductions allocable thereto) with respect to |
| 19 | | transactions with (i) a foreign person who would be a |
| 20 | | member of the taxpayer's unitary business group but |
| 21 | | for the fact that the foreign person's business |
| 22 | | activity outside the United States is 80% or more of |
| 23 | | that person's total business activity and (ii) for |
| 24 | | taxable years ending on or after December 31, 2008, to |
| 25 | | a person who would be a member of the same unitary |
| 26 | | business group but for the fact that the person is |
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| 1 | | prohibited under Section 1501(a)(27) from being |
| 2 | | included in the unitary business group because he or |
| 3 | | she is ordinarily required to apportion business |
| 4 | | income under different subsections of Section 304, but |
| 5 | | not to exceed the addition modification required to be |
| 6 | | made for the same taxable year under Section |
| 7 | | 203(b)(2)(E-12) for interest paid, accrued, or |
| 8 | | incurred, directly or indirectly, to the same person. |
| 9 | | This subparagraph (W) is exempt from the provisions of |
| 10 | | Section 250;
|
| 11 | | (X) An amount equal to the income from intangible |
| 12 | | property taken into account for the taxable year (net |
| 13 | | of the deductions allocable thereto) with respect to |
| 14 | | transactions with (i) a foreign person who would be a |
| 15 | | member of the taxpayer's unitary business group but |
| 16 | | for the fact that the foreign person's business |
| 17 | | activity outside the United States is 80% or more of |
| 18 | | that person's total business activity and (ii) for |
| 19 | | taxable years ending on or after December 31, 2008, to |
| 20 | | a person who would be a member of the same unitary |
| 21 | | business group but for the fact that the person is |
| 22 | | prohibited under Section 1501(a)(27) from being |
| 23 | | included in the unitary business group because he or |
| 24 | | she is ordinarily required to apportion business |
| 25 | | income under different subsections of Section 304, but |
| 26 | | not to exceed the addition modification required to be |
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| | 10300HB3817sam003 | - 824 - | LRB103 30519 JDS 62537 a |
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| 1 | | made for the same taxable year under Section |
| 2 | | 203(b)(2)(E-13) for intangible expenses and costs |
| 3 | | paid, accrued, or incurred, directly or indirectly, to |
| 4 | | the same foreign person. This subparagraph (X) is |
| 5 | | exempt from the provisions of Section 250;
|
| 6 | | (Y) For taxable years ending on or after December |
| 7 | | 31, 2011, in the case of a taxpayer who was required to |
| 8 | | add back any insurance premiums under Section |
| 9 | | 203(b)(2)(E-14), such taxpayer may elect to subtract |
| 10 | | that part of a reimbursement received from the |
| 11 | | insurance company equal to the amount of the expense |
| 12 | | or loss (including expenses incurred by the insurance |
| 13 | | company) that would have been taken into account as a |
| 14 | | deduction for federal income tax purposes if the |
| 15 | | expense or loss had been uninsured. If a taxpayer |
| 16 | | makes the election provided for by this subparagraph |
| 17 | | (Y), the insurer to which the premiums were paid must |
| 18 | | add back to income the amount subtracted by the |
| 19 | | taxpayer pursuant to this subparagraph (Y). This |
| 20 | | subparagraph (Y) is exempt from the provisions of |
| 21 | | Section 250; and |
| 22 | | (Z) The difference between the nondeductible |
| 23 | | controlled foreign corporation dividends under Section |
| 24 | | 965(e)(3) of the Internal Revenue Code over the |
| 25 | | taxable income of the taxpayer, computed without |
| 26 | | regard to Section 965(e)(2)(A) of the Internal Revenue |
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| | 10300HB3817sam003 | - 825 - | LRB103 30519 JDS 62537 a |
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| 1 | | Code, and without regard to any net operating loss |
| 2 | | deduction. This subparagraph (Z) is exempt from the |
| 3 | | provisions of Section 250; and . |
| 4 | | (AA) For taxable years beginning on or after |
| 5 | | January 1, 2023, for any cannabis establishment |
| 6 | | operating in this State and licensed under the |
| 7 | | Cannabis Regulation and Tax Act or any cannabis |
| 8 | | cultivation center or medical cannabis dispensing |
| 9 | | organization operating in this State and licensed |
| 10 | | under the Compassionate Use of Medical Cannabis |
| 11 | | Program Act, an amount equal to the deductions that |
| 12 | | were disallowed under Section 280E of the Internal |
| 13 | | Revenue Code for the taxable year and that would not be |
| 14 | | added back under this subsection. The provisions of |
| 15 | | this subparagraph (AA) are exempt from the provisions |
| 16 | | of Section 250. |
| 17 | | (3) Special rule. For purposes of paragraph (2)(A), |
| 18 | | "gross income"
in the case of a life insurance company, |
| 19 | | for tax years ending on and after
December 31, 1994,
and |
| 20 | | prior to December 31, 2011, shall mean the gross |
| 21 | | investment income for the taxable year and, for tax years |
| 22 | | ending on or after December 31, 2011, shall mean all |
| 23 | | amounts included in life insurance gross income under |
| 24 | | Section 803(a)(3) of the Internal Revenue Code.
|
| 25 | | (c) Trusts and estates. |
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| 1 | | (1) In general. In the case of a trust or estate, base |
| 2 | | income means
an amount equal to the taxpayer's taxable |
| 3 | | income for the taxable year as
modified by paragraph (2). |
| 4 | | (2) Modifications. Subject to the provisions of |
| 5 | | paragraph (3), the
taxable income referred to in paragraph |
| 6 | | (1) shall be modified by adding
thereto the sum of the |
| 7 | | following amounts: |
| 8 | | (A) An amount equal to all amounts paid or accrued |
| 9 | | to the taxpayer
as interest or dividends during the |
| 10 | | taxable year to the extent excluded
from gross income |
| 11 | | in the computation of taxable income; |
| 12 | | (B) In the case of (i) an estate, $600; (ii) a |
| 13 | | trust which, under
its governing instrument, is |
| 14 | | required to distribute all of its income
currently, |
| 15 | | $300; and (iii) any other trust, $100, but in each such |
| 16 | | case,
only to the extent such amount was deducted in |
| 17 | | the computation of
taxable income; |
| 18 | | (C) An amount equal to the amount of tax imposed by |
| 19 | | this Act to the
extent deducted from gross income in |
| 20 | | the computation of taxable income
for the taxable |
| 21 | | year; |
| 22 | | (D) The amount of any net operating loss deduction |
| 23 | | taken in arriving at
taxable income, other than a net |
| 24 | | operating loss carried forward from a
taxable year |
| 25 | | ending prior to December 31, 1986; |
| 26 | | (E) For taxable years in which a net operating |
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| | 10300HB3817sam003 | - 827 - | LRB103 30519 JDS 62537 a |
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| 1 | | loss carryback or
carryforward from a taxable year |
| 2 | | ending prior to December 31, 1986 is an
element of |
| 3 | | taxable income under paragraph (1) of subsection (e) |
| 4 | | or subparagraph
(E) of paragraph (2) of subsection |
| 5 | | (e), the amount by which addition
modifications other |
| 6 | | than those provided by this subparagraph (E) exceeded
|
| 7 | | subtraction modifications in such taxable year, with |
| 8 | | the following limitations
applied in the order that |
| 9 | | they are listed: |
| 10 | | (i) the addition modification relating to the |
| 11 | | net operating loss
carried back or forward to the |
| 12 | | taxable year from any taxable year ending
prior to |
| 13 | | December 31, 1986 shall be reduced by the amount |
| 14 | | of addition
modification under this subparagraph |
| 15 | | (E) which related to that net
operating loss and |
| 16 | | which was taken into account in calculating the |
| 17 | | base
income of an earlier taxable year, and |
| 18 | | (ii) the addition modification relating to the |
| 19 | | net operating loss
carried back or forward to the |
| 20 | | taxable year from any taxable year ending
prior to |
| 21 | | December 31, 1986 shall not exceed the amount of |
| 22 | | such carryback or
carryforward; |
| 23 | | For taxable years in which there is a net |
| 24 | | operating loss carryback or
carryforward from more |
| 25 | | than one other taxable year ending prior to December
|
| 26 | | 31, 1986, the addition modification provided in this |
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| 1 | | subparagraph (E) shall
be the sum of the amounts |
| 2 | | computed independently under the preceding
provisions |
| 3 | | of this subparagraph (E) for each such taxable year; |
| 4 | | (F) For taxable years ending on or after January |
| 5 | | 1, 1989, an amount
equal to the tax deducted pursuant |
| 6 | | to Section 164 of the Internal Revenue
Code if the |
| 7 | | trust or estate is claiming the same tax for purposes |
| 8 | | of the
Illinois foreign tax credit under Section 601 |
| 9 | | of this Act; |
| 10 | | (G) An amount equal to the amount of the capital |
| 11 | | gain deduction
allowable under the Internal Revenue |
| 12 | | Code, to the extent deducted from
gross income in the |
| 13 | | computation of taxable income; |
| 14 | | (G-5) For taxable years ending after December 31, |
| 15 | | 1997, an
amount equal to any eligible remediation |
| 16 | | costs that the trust or estate
deducted in computing |
| 17 | | adjusted gross income and for which the trust
or |
| 18 | | estate claims a credit under subsection (l) of Section |
| 19 | | 201; |
| 20 | | (G-10) For taxable years 2001 and thereafter, an |
| 21 | | amount equal to the
bonus depreciation deduction taken |
| 22 | | on the taxpayer's federal income tax return for the |
| 23 | | taxable
year under subsection (k) of Section 168 of |
| 24 | | the Internal Revenue Code; and |
| 25 | | (G-11) If the taxpayer sells, transfers, abandons, |
| 26 | | or otherwise disposes of property for which the |
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| 1 | | taxpayer was required in any taxable year to
make an |
| 2 | | addition modification under subparagraph (G-10), then |
| 3 | | an amount equal
to the aggregate amount of the |
| 4 | | deductions taken in all taxable
years under |
| 5 | | subparagraph (R) with respect to that property. |
| 6 | | If the taxpayer continues to own property through |
| 7 | | the last day of the last tax year for which a |
| 8 | | subtraction is allowed with respect to that property |
| 9 | | under subparagraph (R) and for which the taxpayer was |
| 10 | | allowed in any taxable year to make a subtraction |
| 11 | | modification under subparagraph (R), then an amount |
| 12 | | equal to that subtraction modification.
|
| 13 | | The taxpayer is required to make the addition |
| 14 | | modification under this
subparagraph
only once with |
| 15 | | respect to any one piece of property; |
| 16 | | (G-12) An amount equal to the amount otherwise |
| 17 | | allowed as a deduction in computing base income for |
| 18 | | interest paid, accrued, or incurred, directly or |
| 19 | | indirectly, (i) for taxable years ending on or after |
| 20 | | December 31, 2004, to a foreign person who would be a |
| 21 | | member of the same unitary business group but for the |
| 22 | | fact that the foreign person's business activity |
| 23 | | outside the United States is 80% or more of the foreign |
| 24 | | person's total business activity and (ii) for taxable |
| 25 | | years ending on or after December 31, 2008, to a person |
| 26 | | who would be a member of the same unitary business |
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| | 10300HB3817sam003 | - 830 - | LRB103 30519 JDS 62537 a |
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| 1 | | group but for the fact that the person is prohibited |
| 2 | | under Section 1501(a)(27) from being included in the |
| 3 | | unitary business group because he or she is ordinarily |
| 4 | | required to apportion business income under different |
| 5 | | subsections of Section 304. The addition modification |
| 6 | | required by this subparagraph shall be reduced to the |
| 7 | | extent that dividends were included in base income of |
| 8 | | the unitary group for the same taxable year and |
| 9 | | received by the taxpayer or by a member of the |
| 10 | | taxpayer's unitary business group (including amounts |
| 11 | | included in gross income pursuant to Sections 951 |
| 12 | | through 964 of the Internal Revenue Code and amounts |
| 13 | | included in gross income under Section 78 of the |
| 14 | | Internal Revenue Code) with respect to the stock of |
| 15 | | the same person to whom the interest was paid, |
| 16 | | accrued, or incurred.
|
| 17 | | This paragraph shall not apply to the following:
|
| 18 | | (i) an item of interest paid, accrued, or |
| 19 | | incurred, directly or indirectly, to a person who |
| 20 | | is subject in a foreign country or state, other |
| 21 | | than a state which requires mandatory unitary |
| 22 | | reporting, to a tax on or measured by net income |
| 23 | | with respect to such interest; or |
| 24 | | (ii) an item of interest paid, accrued, or |
| 25 | | incurred, directly or indirectly, to a person if |
| 26 | | the taxpayer can establish, based on a |
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| | 10300HB3817sam003 | - 831 - | LRB103 30519 JDS 62537 a |
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| 1 | | preponderance of the evidence, both of the |
| 2 | | following: |
| 3 | | (a) the person, during the same taxable |
| 4 | | year, paid, accrued, or incurred, the interest |
| 5 | | to a person that is not a related member, and |
| 6 | | (b) the transaction giving rise to the |
| 7 | | interest expense between the taxpayer and the |
| 8 | | person did not have as a principal purpose the |
| 9 | | avoidance of Illinois income tax, and is paid |
| 10 | | pursuant to a contract or agreement that |
| 11 | | reflects an arm's-length interest rate and |
| 12 | | terms; or
|
| 13 | | (iii) the taxpayer can establish, based on |
| 14 | | clear and convincing evidence, that the interest |
| 15 | | paid, accrued, or incurred relates to a contract |
| 16 | | or agreement entered into at arm's-length rates |
| 17 | | and terms and the principal purpose for the |
| 18 | | payment is not federal or Illinois tax avoidance; |
| 19 | | or
|
| 20 | | (iv) an item of interest paid, accrued, or |
| 21 | | incurred, directly or indirectly, to a person if |
| 22 | | the taxpayer establishes by clear and convincing |
| 23 | | evidence that the adjustments are unreasonable; or |
| 24 | | if the taxpayer and the Director agree in writing |
| 25 | | to the application or use of an alternative method |
| 26 | | of apportionment under Section 304(f).
|
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| | 10300HB3817sam003 | - 832 - | LRB103 30519 JDS 62537 a |
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| 1 | | Nothing in this subsection shall preclude the |
| 2 | | Director from making any other adjustment |
| 3 | | otherwise allowed under Section 404 of this Act |
| 4 | | for any tax year beginning after the effective |
| 5 | | date of this amendment provided such adjustment is |
| 6 | | made pursuant to regulation adopted by the |
| 7 | | Department and such regulations provide methods |
| 8 | | and standards by which the Department will utilize |
| 9 | | its authority under Section 404 of this Act;
|
| 10 | | (G-13) An amount equal to the amount of intangible |
| 11 | | expenses and costs otherwise allowed as a deduction in |
| 12 | | computing base income, and that were paid, accrued, or |
| 13 | | incurred, directly or indirectly, (i) for taxable |
| 14 | | years ending on or after December 31, 2004, to a |
| 15 | | foreign person who would be a member of the same |
| 16 | | unitary business group but for the fact that the |
| 17 | | foreign person's business activity outside the United |
| 18 | | States is 80% or more of that person's total business |
| 19 | | activity and (ii) for taxable years ending on or after |
| 20 | | December 31, 2008, to a person who would be a member of |
| 21 | | the same unitary business group but for the fact that |
| 22 | | the person is prohibited under Section 1501(a)(27) |
| 23 | | from being included in the unitary business group |
| 24 | | because he or she is ordinarily required to apportion |
| 25 | | business income under different subsections of Section |
| 26 | | 304. The addition modification required by this |
|
| | 10300HB3817sam003 | - 833 - | LRB103 30519 JDS 62537 a |
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| 1 | | subparagraph shall be reduced to the extent that |
| 2 | | dividends were included in base income of the unitary |
| 3 | | group for the same taxable year and received by the |
| 4 | | taxpayer or by a member of the taxpayer's unitary |
| 5 | | business group (including amounts included in gross |
| 6 | | income pursuant to Sections 951 through 964 of the |
| 7 | | Internal Revenue Code and amounts included in gross |
| 8 | | income under Section 78 of the Internal Revenue Code) |
| 9 | | with respect to the stock of the same person to whom |
| 10 | | the intangible expenses and costs were directly or |
| 11 | | indirectly paid, incurred, or accrued. The preceding |
| 12 | | sentence shall not apply to the extent that the same |
| 13 | | dividends caused a reduction to the addition |
| 14 | | modification required under Section 203(c)(2)(G-12) of |
| 15 | | this Act. As used in this subparagraph, the term |
| 16 | | "intangible expenses and costs" includes: (1) |
| 17 | | expenses, losses, and costs for or related to the |
| 18 | | direct or indirect acquisition, use, maintenance or |
| 19 | | management, ownership, sale, exchange, or any other |
| 20 | | disposition of intangible property; (2) losses |
| 21 | | incurred, directly or indirectly, from factoring |
| 22 | | transactions or discounting transactions; (3) royalty, |
| 23 | | patent, technical, and copyright fees; (4) licensing |
| 24 | | fees; and (5) other similar expenses and costs. For |
| 25 | | purposes of this subparagraph, "intangible property" |
| 26 | | includes patents, patent applications, trade names, |
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| 1 | | trademarks, service marks, copyrights, mask works, |
| 2 | | trade secrets, and similar types of intangible assets. |
| 3 | | This paragraph shall not apply to the following: |
| 4 | | (i) any item of intangible expenses or costs |
| 5 | | paid, accrued, or incurred, directly or |
| 6 | | indirectly, from a transaction with a person who |
| 7 | | is subject in a foreign country or state, other |
| 8 | | than a state which requires mandatory unitary |
| 9 | | reporting, to a tax on or measured by net income |
| 10 | | with respect to such item; or |
| 11 | | (ii) any item of intangible expense or cost |
| 12 | | paid, accrued, or incurred, directly or |
| 13 | | indirectly, if the taxpayer can establish, based |
| 14 | | on a preponderance of the evidence, both of the |
| 15 | | following: |
| 16 | | (a) the person during the same taxable |
| 17 | | year paid, accrued, or incurred, the |
| 18 | | intangible expense or cost to a person that is |
| 19 | | not a related member, and |
| 20 | | (b) the transaction giving rise to the |
| 21 | | intangible expense or cost between the |
| 22 | | taxpayer and the person did not have as a |
| 23 | | principal purpose the avoidance of Illinois |
| 24 | | income tax, and is paid pursuant to a contract |
| 25 | | or agreement that reflects arm's-length terms; |
| 26 | | or |
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| 1 | | (iii) any item of intangible expense or cost |
| 2 | | paid, accrued, or incurred, directly or |
| 3 | | indirectly, from a transaction with a person if |
| 4 | | the taxpayer establishes by clear and convincing |
| 5 | | evidence, that the adjustments are unreasonable; |
| 6 | | or if the taxpayer and the Director agree in |
| 7 | | writing to the application or use of an |
| 8 | | alternative method of apportionment under Section |
| 9 | | 304(f);
|
| 10 | | Nothing in this subsection shall preclude the |
| 11 | | Director from making any other adjustment |
| 12 | | otherwise allowed under Section 404 of this Act |
| 13 | | for any tax year beginning after the effective |
| 14 | | date of this amendment provided such adjustment is |
| 15 | | made pursuant to regulation adopted by the |
| 16 | | Department and such regulations provide methods |
| 17 | | and standards by which the Department will utilize |
| 18 | | its authority under Section 404 of this Act;
|
| 19 | | (G-14) For taxable years ending on or after |
| 20 | | December 31, 2008, an amount equal to the amount of |
| 21 | | insurance premium expenses and costs otherwise allowed |
| 22 | | as a deduction in computing base income, and that were |
| 23 | | paid, accrued, or incurred, directly or indirectly, to |
| 24 | | a person who would be a member of the same unitary |
| 25 | | business group but for the fact that the person is |
| 26 | | prohibited under Section 1501(a)(27) from being |
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| 1 | | included in the unitary business group because he or |
| 2 | | she is ordinarily required to apportion business |
| 3 | | income under different subsections of Section 304. The |
| 4 | | addition modification required by this subparagraph |
| 5 | | shall be reduced to the extent that dividends were |
| 6 | | included in base income of the unitary group for the |
| 7 | | same taxable year and received by the taxpayer or by a |
| 8 | | member of the taxpayer's unitary business group |
| 9 | | (including amounts included in gross income under |
| 10 | | Sections 951 through 964 of the Internal Revenue Code |
| 11 | | and amounts included in gross income under Section 78 |
| 12 | | of the Internal Revenue Code) with respect to the |
| 13 | | stock of the same person to whom the premiums and costs |
| 14 | | were directly or indirectly paid, incurred, or |
| 15 | | accrued. The preceding sentence does not apply to the |
| 16 | | extent that the same dividends caused a reduction to |
| 17 | | the addition modification required under Section |
| 18 | | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this |
| 19 | | Act; |
| 20 | | (G-15) An amount equal to the credit allowable to |
| 21 | | the taxpayer under Section 218(a) of this Act, |
| 22 | | determined without regard to Section 218(c) of this |
| 23 | | Act; |
| 24 | | (G-16) For taxable years ending on or after |
| 25 | | December 31, 2017, an amount equal to the deduction |
| 26 | | allowed under Section 199 of the Internal Revenue Code |
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| 1 | | for the taxable year; |
| 2 | | and by deducting from the total so obtained the sum of the |
| 3 | | following
amounts: |
| 4 | | (H) An amount equal to all amounts included in |
| 5 | | such total pursuant
to the provisions of Sections |
| 6 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 |
| 7 | | of the Internal Revenue Code or included in such total |
| 8 | | as
distributions under the provisions of any |
| 9 | | retirement or disability plan for
employees of any |
| 10 | | governmental agency or unit, or retirement payments to
|
| 11 | | retired partners, which payments are excluded in |
| 12 | | computing net earnings
from self employment by Section |
| 13 | | 1402 of the Internal Revenue Code and
regulations |
| 14 | | adopted pursuant thereto; |
| 15 | | (I) The valuation limitation amount; |
| 16 | | (J) An amount equal to the amount of any tax |
| 17 | | imposed by this Act
which was refunded to the taxpayer |
| 18 | | and included in such total for the
taxable year; |
| 19 | | (K) An amount equal to all amounts included in |
| 20 | | taxable income as
modified by subparagraphs (A), (B), |
| 21 | | (C), (D), (E), (F) and (G) which
are exempt from |
| 22 | | taxation by this State either by reason of its |
| 23 | | statutes or
Constitution
or by reason of the |
| 24 | | Constitution, treaties or statutes of the United |
| 25 | | States;
provided that, in the case of any statute of |
| 26 | | this State that exempts income
derived from bonds or |
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| 1 | | other obligations from the tax imposed under this Act,
|
| 2 | | the amount exempted shall be the interest net of bond |
| 3 | | premium amortization; |
| 4 | | (L) With the exception of any amounts subtracted |
| 5 | | under subparagraph
(K),
an amount equal to the sum of |
| 6 | | all amounts disallowed as
deductions by (i) Sections |
| 7 | | 171(a)(2) and 265(a)(2) of the Internal Revenue
Code, |
| 8 | | and all amounts of expenses allocable
to interest and |
| 9 | | disallowed as deductions by Section 265(a)(1) of the |
| 10 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 11 | | ending on or after August 13, 1999, Sections
|
| 12 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 13 | | Internal Revenue Code, plus, (iii) for taxable years |
| 14 | | ending on or after December 31, 2011, Section |
| 15 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 16 | | taxable years ending on or after December 31, 2008, |
| 17 | | any amount included in gross income under Section 87 |
| 18 | | of the Internal Revenue Code; the provisions of this
|
| 19 | | subparagraph are exempt from the provisions of Section |
| 20 | | 250; |
| 21 | | (M) An amount equal to those dividends included in |
| 22 | | such total
which were paid by a corporation which |
| 23 | | conducts business operations in a River Edge |
| 24 | | Redevelopment Zone or zones created under the River |
| 25 | | Edge Redevelopment Zone Act and
conducts substantially |
| 26 | | all of its operations in a River Edge Redevelopment |
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| 1 | | Zone or zones. This subparagraph (M) is exempt from |
| 2 | | the provisions of Section 250; |
| 3 | | (N) An amount equal to any contribution made to a |
| 4 | | job training
project established pursuant to the Tax |
| 5 | | Increment Allocation
Redevelopment Act; |
| 6 | | (O) An amount equal to those dividends included in |
| 7 | | such total
that were paid by a corporation that |
| 8 | | conducts business operations in a
federally designated |
| 9 | | Foreign Trade Zone or Sub-Zone and that is designated
|
| 10 | | a High Impact Business located in Illinois; provided |
| 11 | | that dividends eligible
for the deduction provided in |
| 12 | | subparagraph (M) of paragraph (2) of this
subsection |
| 13 | | shall not be eligible for the deduction provided under |
| 14 | | this
subparagraph (O); |
| 15 | | (P) An amount equal to the amount of the deduction |
| 16 | | used to compute the
federal income tax credit for |
| 17 | | restoration of substantial amounts held under
claim of |
| 18 | | right for the taxable year pursuant to Section 1341 of |
| 19 | | the
Internal Revenue Code; |
| 20 | | (Q) For taxable year 1999 and thereafter, an |
| 21 | | amount equal to the
amount of any
(i) distributions, |
| 22 | | to the extent includible in gross income for
federal |
| 23 | | income tax purposes, made to the taxpayer because of
|
| 24 | | his or her status as a victim of
persecution for racial |
| 25 | | or religious reasons by Nazi Germany or any other Axis
|
| 26 | | regime or as an heir of the victim and (ii) items
of |
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| 1 | | income, to the extent
includible in gross income for |
| 2 | | federal income tax purposes, attributable to,
derived |
| 3 | | from or in any way related to assets stolen from, |
| 4 | | hidden from, or
otherwise lost to a victim of
|
| 5 | | persecution for racial or religious reasons by Nazi
|
| 6 | | Germany or any other Axis regime
immediately prior to, |
| 7 | | during, and immediately after World War II, including,
|
| 8 | | but
not limited to, interest on the proceeds |
| 9 | | receivable as insurance
under policies issued to a |
| 10 | | victim of persecution for racial or religious
reasons |
| 11 | | by Nazi Germany or any other Axis regime by European |
| 12 | | insurance
companies
immediately prior to and during |
| 13 | | World War II;
provided, however, this subtraction from |
| 14 | | federal adjusted gross income does not
apply to assets |
| 15 | | acquired with such assets or with the proceeds from |
| 16 | | the sale of
such assets; provided, further, this |
| 17 | | paragraph shall only apply to a taxpayer
who was the |
| 18 | | first recipient of such assets after their recovery |
| 19 | | and who is a
victim of
persecution for racial or |
| 20 | | religious reasons
by Nazi Germany or any other Axis |
| 21 | | regime or as an heir of the victim. The
amount of and |
| 22 | | the eligibility for any public assistance, benefit, or
|
| 23 | | similar entitlement is not affected by the inclusion |
| 24 | | of items (i) and (ii) of
this paragraph in gross income |
| 25 | | for federal income tax purposes.
This paragraph is |
| 26 | | exempt from the provisions of Section 250; |
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| 1 | | (R) For taxable years 2001 and thereafter, for the |
| 2 | | taxable year in
which the bonus depreciation deduction
|
| 3 | | is taken on the taxpayer's federal income tax return |
| 4 | | under
subsection (k) of Section 168 of the Internal |
| 5 | | Revenue Code and for each
applicable taxable year |
| 6 | | thereafter, an amount equal to "x", where: |
| 7 | | (1) "y" equals the amount of the depreciation |
| 8 | | deduction taken for the
taxable year
on the |
| 9 | | taxpayer's federal income tax return on property |
| 10 | | for which the bonus
depreciation deduction
was |
| 11 | | taken in any year under subsection (k) of Section |
| 12 | | 168 of the Internal
Revenue Code, but not |
| 13 | | including the bonus depreciation deduction; |
| 14 | | (2) for taxable years ending on or before |
| 15 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 16 | | and then divided by 70 (or "y"
multiplied by |
| 17 | | 0.429); and |
| 18 | | (3) for taxable years ending after December |
| 19 | | 31, 2005: |
| 20 | | (i) for property on which a bonus |
| 21 | | depreciation deduction of 30% of the adjusted |
| 22 | | basis was taken, "x" equals "y" multiplied by |
| 23 | | 30 and then divided by 70 (or "y"
multiplied |
| 24 | | by 0.429); |
| 25 | | (ii) for property on which a bonus |
| 26 | | depreciation deduction of 50% of the adjusted |
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| 1 | | basis was taken, "x" equals "y" multiplied by |
| 2 | | 1.0; |
| 3 | | (iii) for property on which a bonus |
| 4 | | depreciation deduction of 100% of the adjusted |
| 5 | | basis was taken in a taxable year ending on or |
| 6 | | after December 31, 2021, "x" equals the |
| 7 | | depreciation deduction that would be allowed |
| 8 | | on that property if the taxpayer had made the |
| 9 | | election under Section 168(k)(7) of the |
| 10 | | Internal Revenue Code to not claim bonus |
| 11 | | depreciation on that property; and |
| 12 | | (iv) for property on which a bonus |
| 13 | | depreciation deduction of a percentage other |
| 14 | | than 30%, 50% or 100% of the adjusted basis |
| 15 | | was taken in a taxable year ending on or after |
| 16 | | December 31, 2021, "x" equals "y" multiplied |
| 17 | | by 100 times the percentage bonus depreciation |
| 18 | | on the property (that is, 100(bonus%)) and |
| 19 | | then divided by 100 times 1 minus the |
| 20 | | percentage bonus depreciation on the property |
| 21 | | (that is, 100(1–bonus%)). |
| 22 | | The aggregate amount deducted under this |
| 23 | | subparagraph in all taxable
years for any one piece of |
| 24 | | property may not exceed the amount of the bonus
|
| 25 | | depreciation deduction
taken on that property on the |
| 26 | | taxpayer's federal income tax return under
subsection |
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| 1 | | (k) of Section 168 of the Internal Revenue Code. This |
| 2 | | subparagraph (R) is exempt from the provisions of |
| 3 | | Section 250; |
| 4 | | (S) If the taxpayer sells, transfers, abandons, or |
| 5 | | otherwise disposes of
property for which the taxpayer |
| 6 | | was required in any taxable year to make an
addition |
| 7 | | modification under subparagraph (G-10), then an amount |
| 8 | | equal to that
addition modification. |
| 9 | | If the taxpayer continues to own property through |
| 10 | | the last day of the last tax year for which a |
| 11 | | subtraction is allowed with respect to that property |
| 12 | | under subparagraph (R) and for which the taxpayer was |
| 13 | | required in any taxable year to make an addition |
| 14 | | modification under subparagraph (G-10), then an amount |
| 15 | | equal to that addition modification.
|
| 16 | | The taxpayer is allowed to take the deduction |
| 17 | | under this subparagraph
only once with respect to any |
| 18 | | one piece of property. |
| 19 | | This subparagraph (S) is exempt from the |
| 20 | | provisions of Section 250; |
| 21 | | (T) The amount of (i) any interest income (net of |
| 22 | | the deductions allocable thereto) taken into account |
| 23 | | for the taxable year with respect to a transaction |
| 24 | | with a taxpayer that is required to make an addition |
| 25 | | modification with respect to such transaction under |
| 26 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
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| 1 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 2 | | the amount of such addition modification and
(ii) any |
| 3 | | income from intangible property (net of the deductions |
| 4 | | allocable thereto) taken into account for the taxable |
| 5 | | year with respect to a transaction with a taxpayer |
| 6 | | that is required to make an addition modification with |
| 7 | | respect to such transaction under Section |
| 8 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 9 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 10 | | addition modification. This subparagraph (T) is exempt |
| 11 | | from the provisions of Section 250;
|
| 12 | | (U) An amount equal to the interest income taken |
| 13 | | into account for the taxable year (net of the |
| 14 | | deductions allocable thereto) with respect to |
| 15 | | transactions with (i) a foreign person who would be a |
| 16 | | member of the taxpayer's unitary business group but |
| 17 | | for the fact the foreign person's business activity |
| 18 | | outside the United States is 80% or more of that |
| 19 | | person's total business activity and (ii) for taxable |
| 20 | | years ending on or after December 31, 2008, to a person |
| 21 | | who would be a member of the same unitary business |
| 22 | | group but for the fact that the person is prohibited |
| 23 | | under Section 1501(a)(27) from being included in the |
| 24 | | unitary business group because he or she is ordinarily |
| 25 | | required to apportion business income under different |
| 26 | | subsections of Section 304, but not to exceed the |
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| 1 | | addition modification required to be made for the same |
| 2 | | taxable year under Section 203(c)(2)(G-12) for |
| 3 | | interest paid, accrued, or incurred, directly or |
| 4 | | indirectly, to the same person. This subparagraph (U) |
| 5 | | is exempt from the provisions of Section 250; |
| 6 | | (V) An amount equal to the income from intangible |
| 7 | | property taken into account for the taxable year (net |
| 8 | | of the deductions allocable thereto) with respect to |
| 9 | | transactions with (i) a foreign person who would be a |
| 10 | | member of the taxpayer's unitary business group but |
| 11 | | for the fact that the foreign person's business |
| 12 | | activity outside the United States is 80% or more of |
| 13 | | that person's total business activity and (ii) for |
| 14 | | taxable years ending on or after December 31, 2008, to |
| 15 | | a person who would be a member of the same unitary |
| 16 | | business group but for the fact that the person is |
| 17 | | prohibited under Section 1501(a)(27) from being |
| 18 | | included in the unitary business group because he or |
| 19 | | she is ordinarily required to apportion business |
| 20 | | income under different subsections of Section 304, but |
| 21 | | not to exceed the addition modification required to be |
| 22 | | made for the same taxable year under Section |
| 23 | | 203(c)(2)(G-13) for intangible expenses and costs |
| 24 | | paid, accrued, or incurred, directly or indirectly, to |
| 25 | | the same foreign person. This subparagraph (V) is |
| 26 | | exempt from the provisions of Section 250;
|
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| 1 | | (W) in the case of an estate, an amount equal to |
| 2 | | all amounts included in such total pursuant to the |
| 3 | | provisions of Section 111 of the Internal Revenue Code |
| 4 | | as a recovery of items previously deducted by the |
| 5 | | decedent from adjusted gross income in the computation |
| 6 | | of taxable income. This subparagraph (W) is exempt |
| 7 | | from Section 250; |
| 8 | | (X) an amount equal to the refund included in such |
| 9 | | total of any tax deducted for federal income tax |
| 10 | | purposes, to the extent that deduction was added back |
| 11 | | under subparagraph (F). This subparagraph (X) is |
| 12 | | exempt from the provisions of Section 250; |
| 13 | | (Y) For taxable years ending on or after December |
| 14 | | 31, 2011, in the case of a taxpayer who was required to |
| 15 | | add back any insurance premiums under Section |
| 16 | | 203(c)(2)(G-14), such taxpayer may elect to subtract |
| 17 | | that part of a reimbursement received from the |
| 18 | | insurance company equal to the amount of the expense |
| 19 | | or loss (including expenses incurred by the insurance |
| 20 | | company) that would have been taken into account as a |
| 21 | | deduction for federal income tax purposes if the |
| 22 | | expense or loss had been uninsured. If a taxpayer |
| 23 | | makes the election provided for by this subparagraph |
| 24 | | (Y), the insurer to which the premiums were paid must |
| 25 | | add back to income the amount subtracted by the |
| 26 | | taxpayer pursuant to this subparagraph (Y). This |
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| 1 | | subparagraph (Y) is exempt from the provisions of |
| 2 | | Section 250; and |
| 3 | | (Z) For taxable years beginning after December 31, |
| 4 | | 2018 and before January 1, 2026, the amount of excess |
| 5 | | business loss of the taxpayer disallowed as a |
| 6 | | deduction by Section 461(l)(1)(B) of the Internal |
| 7 | | Revenue Code; and . |
| 8 | | (AA) For taxable years beginning on or after |
| 9 | | January 1, 2023, for any cannabis establishment |
| 10 | | operating in this State and licensed under the |
| 11 | | Cannabis Regulation and Tax Act or any cannabis |
| 12 | | cultivation center or medical cannabis dispensing |
| 13 | | organization operating in this State and licensed |
| 14 | | under the Compassionate Use of Medical Cannabis |
| 15 | | Program Act, an amount equal to the deductions that |
| 16 | | were disallowed under Section 280E of the Internal |
| 17 | | Revenue Code for the taxable year and that would not be |
| 18 | | added back under this subsection. The provisions of |
| 19 | | this subparagraph (AA) are exempt from the provisions |
| 20 | | of Section 250. |
| 21 | | (3) Limitation. The amount of any modification |
| 22 | | otherwise required
under this subsection shall, under |
| 23 | | regulations prescribed by the
Department, be adjusted by |
| 24 | | any amounts included therein which were
properly paid, |
| 25 | | credited, or required to be distributed, or permanently |
| 26 | | set
aside for charitable purposes pursuant to Internal |
|
| | 10300HB3817sam003 | - 848 - | LRB103 30519 JDS 62537 a |
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| 1 | | Revenue Code Section
642(c) during the taxable year.
|
| 2 | | (d) Partnerships. |
| 3 | | (1) In general. In the case of a partnership, base |
| 4 | | income means an
amount equal to the taxpayer's taxable |
| 5 | | income for the taxable year as
modified by paragraph (2). |
| 6 | | (2) Modifications. The taxable income referred to in |
| 7 | | paragraph (1)
shall be modified by adding thereto the sum |
| 8 | | of the following amounts: |
| 9 | | (A) An amount equal to all amounts paid or accrued |
| 10 | | to the taxpayer as
interest or dividends during the |
| 11 | | taxable year to the extent excluded from
gross income |
| 12 | | in the computation of taxable income; |
| 13 | | (B) An amount equal to the amount of tax imposed by |
| 14 | | this Act to the
extent deducted from gross income for |
| 15 | | the taxable year; |
| 16 | | (C) The amount of deductions allowed to the |
| 17 | | partnership pursuant to
Section 707 (c) of the |
| 18 | | Internal Revenue Code in calculating its taxable |
| 19 | | income; |
| 20 | | (D) An amount equal to the amount of the capital |
| 21 | | gain deduction
allowable under the Internal Revenue |
| 22 | | Code, to the extent deducted from
gross income in the |
| 23 | | computation of taxable income; |
| 24 | | (D-5) For taxable years 2001 and thereafter, an |
| 25 | | amount equal to the
bonus depreciation deduction taken |
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| | 10300HB3817sam003 | - 849 - | LRB103 30519 JDS 62537 a |
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| 1 | | on the taxpayer's federal income tax return for the |
| 2 | | taxable
year under subsection (k) of Section 168 of |
| 3 | | the Internal Revenue Code; |
| 4 | | (D-6) If the taxpayer sells, transfers, abandons, |
| 5 | | or otherwise disposes of
property for which the |
| 6 | | taxpayer was required in any taxable year to make an
|
| 7 | | addition modification under subparagraph (D-5), then |
| 8 | | an amount equal to the
aggregate amount of the |
| 9 | | deductions taken in all taxable years
under |
| 10 | | subparagraph (O) with respect to that property. |
| 11 | | If the taxpayer continues to own property through |
| 12 | | the last day of the last tax year for which a |
| 13 | | subtraction is allowed with respect to that property |
| 14 | | under subparagraph (O) and for which the taxpayer was |
| 15 | | allowed in any taxable year to make a subtraction |
| 16 | | modification under subparagraph (O), then an amount |
| 17 | | equal to that subtraction modification.
|
| 18 | | The taxpayer is required to make the addition |
| 19 | | modification under this
subparagraph
only once with |
| 20 | | respect to any one piece of property; |
| 21 | | (D-7) An amount equal to the amount otherwise |
| 22 | | allowed as a deduction in computing base income for |
| 23 | | interest paid, accrued, or incurred, directly or |
| 24 | | indirectly, (i) for taxable years ending on or after |
| 25 | | December 31, 2004, to a foreign person who would be a |
| 26 | | member of the same unitary business group but for the |
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| 1 | | fact the foreign person's business activity outside |
| 2 | | the United States is 80% or more of the foreign |
| 3 | | person's total business activity and (ii) for taxable |
| 4 | | years ending on or after December 31, 2008, to a person |
| 5 | | who would be a member of the same unitary business |
| 6 | | group but for the fact that the person is prohibited |
| 7 | | under Section 1501(a)(27) from being included in the |
| 8 | | unitary business group because he or she is ordinarily |
| 9 | | required to apportion business income under different |
| 10 | | subsections of Section 304. The addition modification |
| 11 | | required by this subparagraph shall be reduced to the |
| 12 | | extent that dividends were included in base income of |
| 13 | | the unitary group for the same taxable year and |
| 14 | | received by the taxpayer or by a member of the |
| 15 | | taxpayer's unitary business group (including amounts |
| 16 | | included in gross income pursuant to Sections 951 |
| 17 | | through 964 of the Internal Revenue Code and amounts |
| 18 | | included in gross income under Section 78 of the |
| 19 | | Internal Revenue Code) with respect to the stock of |
| 20 | | the same person to whom the interest was paid, |
| 21 | | accrued, or incurred.
|
| 22 | | This paragraph shall not apply to the following:
|
| 23 | | (i) an item of interest paid, accrued, or |
| 24 | | incurred, directly or indirectly, to a person who |
| 25 | | is subject in a foreign country or state, other |
| 26 | | than a state which requires mandatory unitary |
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| 1 | | reporting, to a tax on or measured by net income |
| 2 | | with respect to such interest; or |
| 3 | | (ii) an item of interest paid, accrued, or |
| 4 | | incurred, directly or indirectly, to a person if |
| 5 | | the taxpayer can establish, based on a |
| 6 | | preponderance of the evidence, both of the |
| 7 | | following: |
| 8 | | (a) the person, during the same taxable |
| 9 | | year, paid, accrued, or incurred, the interest |
| 10 | | to a person that is not a related member, and |
| 11 | | (b) the transaction giving rise to the |
| 12 | | interest expense between the taxpayer and the |
| 13 | | person did not have as a principal purpose the |
| 14 | | avoidance of Illinois income tax, and is paid |
| 15 | | pursuant to a contract or agreement that |
| 16 | | reflects an arm's-length interest rate and |
| 17 | | terms; or
|
| 18 | | (iii) the taxpayer can establish, based on |
| 19 | | clear and convincing evidence, that the interest |
| 20 | | paid, accrued, or incurred relates to a contract |
| 21 | | or agreement entered into at arm's-length rates |
| 22 | | and terms and the principal purpose for the |
| 23 | | payment is not federal or Illinois tax avoidance; |
| 24 | | or
|
| 25 | | (iv) an item of interest paid, accrued, or |
| 26 | | incurred, directly or indirectly, to a person if |
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| 1 | | the taxpayer establishes by clear and convincing |
| 2 | | evidence that the adjustments are unreasonable; or |
| 3 | | if the taxpayer and the Director agree in writing |
| 4 | | to the application or use of an alternative method |
| 5 | | of apportionment under Section 304(f).
|
| 6 | | Nothing in this subsection shall preclude the |
| 7 | | Director from making any other adjustment |
| 8 | | otherwise allowed under Section 404 of this Act |
| 9 | | for any tax year beginning after the effective |
| 10 | | date of this amendment provided such adjustment is |
| 11 | | made pursuant to regulation adopted by the |
| 12 | | Department and such regulations provide methods |
| 13 | | and standards by which the Department will utilize |
| 14 | | its authority under Section 404 of this Act; and
|
| 15 | | (D-8) An amount equal to the amount of intangible |
| 16 | | expenses and costs otherwise allowed as a deduction in |
| 17 | | computing base income, and that were paid, accrued, or |
| 18 | | incurred, directly or indirectly, (i) for taxable |
| 19 | | years ending on or after December 31, 2004, to a |
| 20 | | foreign person who would be a member of the same |
| 21 | | unitary business group but for the fact that the |
| 22 | | foreign person's business activity outside the United |
| 23 | | States is 80% or more of that person's total business |
| 24 | | activity and (ii) for taxable years ending on or after |
| 25 | | December 31, 2008, to a person who would be a member of |
| 26 | | the same unitary business group but for the fact that |
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| 1 | | the person is prohibited under Section 1501(a)(27) |
| 2 | | from being included in the unitary business group |
| 3 | | because he or she is ordinarily required to apportion |
| 4 | | business income under different subsections of Section |
| 5 | | 304. The addition modification required by this |
| 6 | | subparagraph shall be reduced to the extent that |
| 7 | | dividends were included in base income of the unitary |
| 8 | | group for the same taxable year and received by the |
| 9 | | taxpayer or by a member of the taxpayer's unitary |
| 10 | | business group (including amounts included in gross |
| 11 | | income pursuant to Sections 951 through 964 of the |
| 12 | | Internal Revenue Code and amounts included in gross |
| 13 | | income under Section 78 of the Internal Revenue Code) |
| 14 | | with respect to the stock of the same person to whom |
| 15 | | the intangible expenses and costs were directly or |
| 16 | | indirectly paid, incurred or accrued. The preceding |
| 17 | | sentence shall not apply to the extent that the same |
| 18 | | dividends caused a reduction to the addition |
| 19 | | modification required under Section 203(d)(2)(D-7) of |
| 20 | | this Act. As used in this subparagraph, the term |
| 21 | | "intangible expenses and costs" includes (1) expenses, |
| 22 | | losses, and costs for, or related to, the direct or |
| 23 | | indirect acquisition, use, maintenance or management, |
| 24 | | ownership, sale, exchange, or any other disposition of |
| 25 | | intangible property; (2) losses incurred, directly or |
| 26 | | indirectly, from factoring transactions or discounting |
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| 1 | | transactions; (3) royalty, patent, technical, and |
| 2 | | copyright fees; (4) licensing fees; and (5) other |
| 3 | | similar expenses and costs. For purposes of this |
| 4 | | subparagraph, "intangible property" includes patents, |
| 5 | | patent applications, trade names, trademarks, service |
| 6 | | marks, copyrights, mask works, trade secrets, and |
| 7 | | similar types of intangible assets; |
| 8 | | This paragraph shall not apply to the following: |
| 9 | | (i) any item of intangible expenses or costs |
| 10 | | paid, accrued, or incurred, directly or |
| 11 | | indirectly, from a transaction with a person who |
| 12 | | is subject in a foreign country or state, other |
| 13 | | than a state which requires mandatory unitary |
| 14 | | reporting, to a tax on or measured by net income |
| 15 | | with respect to such item; or |
| 16 | | (ii) any item of intangible expense or cost |
| 17 | | paid, accrued, or incurred, directly or |
| 18 | | indirectly, if the taxpayer can establish, based |
| 19 | | on a preponderance of the evidence, both of the |
| 20 | | following: |
| 21 | | (a) the person during the same taxable |
| 22 | | year paid, accrued, or incurred, the |
| 23 | | intangible expense or cost to a person that is |
| 24 | | not a related member, and |
| 25 | | (b) the transaction giving rise to the |
| 26 | | intangible expense or cost between the |
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| 1 | | taxpayer and the person did not have as a |
| 2 | | principal purpose the avoidance of Illinois |
| 3 | | income tax, and is paid pursuant to a contract |
| 4 | | or agreement that reflects arm's-length terms; |
| 5 | | or |
| 6 | | (iii) any item of intangible expense or cost |
| 7 | | paid, accrued, or incurred, directly or |
| 8 | | indirectly, from a transaction with a person if |
| 9 | | the taxpayer establishes by clear and convincing |
| 10 | | evidence, that the adjustments are unreasonable; |
| 11 | | or if the taxpayer and the Director agree in |
| 12 | | writing to the application or use of an |
| 13 | | alternative method of apportionment under Section |
| 14 | | 304(f);
|
| 15 | | Nothing in this subsection shall preclude the |
| 16 | | Director from making any other adjustment |
| 17 | | otherwise allowed under Section 404 of this Act |
| 18 | | for any tax year beginning after the effective |
| 19 | | date of this amendment provided such adjustment is |
| 20 | | made pursuant to regulation adopted by the |
| 21 | | Department and such regulations provide methods |
| 22 | | and standards by which the Department will utilize |
| 23 | | its authority under Section 404 of this Act;
|
| 24 | | (D-9) For taxable years ending on or after |
| 25 | | December 31, 2008, an amount equal to the amount of |
| 26 | | insurance premium expenses and costs otherwise allowed |
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| 1 | | as a deduction in computing base income, and that were |
| 2 | | paid, accrued, or incurred, directly or indirectly, to |
| 3 | | a person who would be a member of the same unitary |
| 4 | | business group but for the fact that the person is |
| 5 | | prohibited under Section 1501(a)(27) from being |
| 6 | | included in the unitary business group because he or |
| 7 | | she is ordinarily required to apportion business |
| 8 | | income under different subsections of Section 304. The |
| 9 | | addition modification required by this subparagraph |
| 10 | | shall be reduced to the extent that dividends were |
| 11 | | included in base income of the unitary group for the |
| 12 | | same taxable year and received by the taxpayer or by a |
| 13 | | member of the taxpayer's unitary business group |
| 14 | | (including amounts included in gross income under |
| 15 | | Sections 951 through 964 of the Internal Revenue Code |
| 16 | | and amounts included in gross income under Section 78 |
| 17 | | of the Internal Revenue Code) with respect to the |
| 18 | | stock of the same person to whom the premiums and costs |
| 19 | | were directly or indirectly paid, incurred, or |
| 20 | | accrued. The preceding sentence does not apply to the |
| 21 | | extent that the same dividends caused a reduction to |
| 22 | | the addition modification required under Section |
| 23 | | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; |
| 24 | | (D-10) An amount equal to the credit allowable to |
| 25 | | the taxpayer under Section 218(a) of this Act, |
| 26 | | determined without regard to Section 218(c) of this |
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| 1 | | Act; |
| 2 | | (D-11) For taxable years ending on or after |
| 3 | | December 31, 2017, an amount equal to the deduction |
| 4 | | allowed under Section 199 of the Internal Revenue Code |
| 5 | | for the taxable year; |
| 6 | | and by deducting from the total so obtained the following |
| 7 | | amounts: |
| 8 | | (E) The valuation limitation amount; |
| 9 | | (F) An amount equal to the amount of any tax |
| 10 | | imposed by this Act which
was refunded to the taxpayer |
| 11 | | and included in such total for the taxable year; |
| 12 | | (G) An amount equal to all amounts included in |
| 13 | | taxable income as
modified by subparagraphs (A), (B), |
| 14 | | (C) and (D) which are exempt from
taxation by this |
| 15 | | State either by reason of its statutes or Constitution |
| 16 | | or
by reason of
the Constitution, treaties or statutes |
| 17 | | of the United States;
provided that, in the case of any |
| 18 | | statute of this State that exempts income
derived from |
| 19 | | bonds or other obligations from the tax imposed under |
| 20 | | this Act,
the amount exempted shall be the interest |
| 21 | | net of bond premium amortization; |
| 22 | | (H) Any income of the partnership which |
| 23 | | constitutes personal service
income as defined in |
| 24 | | Section 1348(b)(1) of the Internal Revenue Code (as
in |
| 25 | | effect December 31, 1981) or a reasonable allowance |
| 26 | | for compensation
paid or accrued for services rendered |
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| 1 | | by partners to the partnership,
whichever is greater; |
| 2 | | this subparagraph (H) is exempt from the provisions of |
| 3 | | Section 250; |
| 4 | | (I) An amount equal to all amounts of income |
| 5 | | distributable to an entity
subject to the Personal |
| 6 | | Property Tax Replacement Income Tax imposed by
|
| 7 | | subsections (c) and (d) of Section 201 of this Act |
| 8 | | including amounts
distributable to organizations |
| 9 | | exempt from federal income tax by reason of
Section |
| 10 | | 501(a) of the Internal Revenue Code; this subparagraph |
| 11 | | (I) is exempt from the provisions of Section 250; |
| 12 | | (J) With the exception of any amounts subtracted |
| 13 | | under subparagraph
(G),
an amount equal to the sum of |
| 14 | | all amounts disallowed as deductions
by (i) Sections |
| 15 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 16 | | and all amounts of expenses allocable to
interest and |
| 17 | | disallowed as deductions by Section 265(a)(1) of the |
| 18 | | Internal
Revenue Code;
and (ii) for taxable years
|
| 19 | | ending on or after August 13, 1999, Sections
|
| 20 | | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the |
| 21 | | Internal Revenue Code, plus, (iii) for taxable years |
| 22 | | ending on or after December 31, 2011, Section |
| 23 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 24 | | taxable years ending on or after December 31, 2008, |
| 25 | | any amount included in gross income under Section 87 |
| 26 | | of the Internal Revenue Code; the provisions of this
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| 1 | | subparagraph are exempt from the provisions of Section |
| 2 | | 250; |
| 3 | | (K) An amount equal to those dividends included in |
| 4 | | such total which were
paid by a corporation which |
| 5 | | conducts business operations in a River Edge |
| 6 | | Redevelopment Zone or zones created under the River |
| 7 | | Edge Redevelopment Zone Act and
conducts substantially |
| 8 | | all of its operations
from a River Edge Redevelopment |
| 9 | | Zone or zones. This subparagraph (K) is exempt from |
| 10 | | the provisions of Section 250; |
| 11 | | (L) An amount equal to any contribution made to a |
| 12 | | job training project
established pursuant to the Real |
| 13 | | Property Tax Increment Allocation
Redevelopment Act; |
| 14 | | (M) An amount equal to those dividends included in |
| 15 | | such total
that were paid by a corporation that |
| 16 | | conducts business operations in a
federally designated |
| 17 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 18 | | a
High Impact Business located in Illinois; provided |
| 19 | | that dividends eligible
for the deduction provided in |
| 20 | | subparagraph (K) of paragraph (2) of this
subsection |
| 21 | | shall not be eligible for the deduction provided under |
| 22 | | this
subparagraph (M); |
| 23 | | (N) An amount equal to the amount of the deduction |
| 24 | | used to compute the
federal income tax credit for |
| 25 | | restoration of substantial amounts held under
claim of |
| 26 | | right for the taxable year pursuant to Section 1341 of |
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| 1 | | the
Internal Revenue Code; |
| 2 | | (O) For taxable years 2001 and thereafter, for the |
| 3 | | taxable year in
which the bonus depreciation deduction
|
| 4 | | is taken on the taxpayer's federal income tax return |
| 5 | | under
subsection (k) of Section 168 of the Internal |
| 6 | | Revenue Code and for each
applicable taxable year |
| 7 | | thereafter, an amount equal to "x", where: |
| 8 | | (1) "y" equals the amount of the depreciation |
| 9 | | deduction taken for the
taxable year
on the |
| 10 | | taxpayer's federal income tax return on property |
| 11 | | for which the bonus
depreciation deduction
was |
| 12 | | taken in any year under subsection (k) of Section |
| 13 | | 168 of the Internal
Revenue Code, but not |
| 14 | | including the bonus depreciation deduction; |
| 15 | | (2) for taxable years ending on or before |
| 16 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 17 | | and then divided by 70 (or "y"
multiplied by |
| 18 | | 0.429); and |
| 19 | | (3) for taxable years ending after December |
| 20 | | 31, 2005: |
| 21 | | (i) for property on which a bonus |
| 22 | | depreciation deduction of 30% of the adjusted |
| 23 | | basis was taken, "x" equals "y" multiplied by |
| 24 | | 30 and then divided by 70 (or "y"
multiplied |
| 25 | | by 0.429); |
| 26 | | (ii) for property on which a bonus |
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| 1 | | depreciation deduction of 50% of the adjusted |
| 2 | | basis was taken, "x" equals "y" multiplied by |
| 3 | | 1.0; |
| 4 | | (iii) for property on which a bonus |
| 5 | | depreciation deduction of 100% of the adjusted |
| 6 | | basis was taken in a taxable year ending on or |
| 7 | | after December 31, 2021, "x" equals the |
| 8 | | depreciation deduction that would be allowed |
| 9 | | on that property if the taxpayer had made the |
| 10 | | election under Section 168(k)(7) of the |
| 11 | | Internal Revenue Code to not claim bonus |
| 12 | | depreciation on that property; and |
| 13 | | (iv) for property on which a bonus |
| 14 | | depreciation deduction of a percentage other |
| 15 | | than 30%, 50% or 100% of the adjusted basis |
| 16 | | was taken in a taxable year ending on or after |
| 17 | | December 31, 2021, "x" equals "y" multiplied |
| 18 | | by 100 times the percentage bonus depreciation |
| 19 | | on the property (that is, 100(bonus%)) and |
| 20 | | then divided by 100 times 1 minus the |
| 21 | | percentage bonus depreciation on the property |
| 22 | | (that is, 100(1–bonus%)). |
| 23 | | The aggregate amount deducted under this |
| 24 | | subparagraph in all taxable
years for any one piece of |
| 25 | | property may not exceed the amount of the bonus
|
| 26 | | depreciation deduction
taken on that property on the |
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| 1 | | taxpayer's federal income tax return under
subsection |
| 2 | | (k) of Section 168 of the Internal Revenue Code. This |
| 3 | | subparagraph (O) is exempt from the provisions of |
| 4 | | Section 250; |
| 5 | | (P) If the taxpayer sells, transfers, abandons, or |
| 6 | | otherwise disposes of
property for which the taxpayer |
| 7 | | was required in any taxable year to make an
addition |
| 8 | | modification under subparagraph (D-5), then an amount |
| 9 | | equal to that
addition modification. |
| 10 | | If the taxpayer continues to own property through |
| 11 | | the last day of the last tax year for which a |
| 12 | | subtraction is allowed with respect to that property |
| 13 | | under subparagraph (O) and for which the taxpayer was |
| 14 | | required in any taxable year to make an addition |
| 15 | | modification under subparagraph (D-5), then an amount |
| 16 | | equal to that addition modification.
|
| 17 | | The taxpayer is allowed to take the deduction |
| 18 | | under this subparagraph
only once with respect to any |
| 19 | | one piece of property. |
| 20 | | This subparagraph (P) is exempt from the |
| 21 | | provisions of Section 250; |
| 22 | | (Q) The amount of (i) any interest income (net of |
| 23 | | the deductions allocable thereto) taken into account |
| 24 | | for the taxable year with respect to a transaction |
| 25 | | with a taxpayer that is required to make an addition |
| 26 | | modification with respect to such transaction under |
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| 1 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 2 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 3 | | the amount of such addition modification and
(ii) any |
| 4 | | income from intangible property (net of the deductions |
| 5 | | allocable thereto) taken into account for the taxable |
| 6 | | year with respect to a transaction with a taxpayer |
| 7 | | that is required to make an addition modification with |
| 8 | | respect to such transaction under Section |
| 9 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 10 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 11 | | addition modification. This subparagraph (Q) is exempt |
| 12 | | from Section 250;
|
| 13 | | (R) An amount equal to the interest income taken |
| 14 | | into account for the taxable year (net of the |
| 15 | | deductions allocable thereto) with respect to |
| 16 | | transactions with (i) a foreign person who would be a |
| 17 | | member of the taxpayer's unitary business group but |
| 18 | | for the fact that the foreign person's business |
| 19 | | activity outside the United States is 80% or more of |
| 20 | | that person's total business activity and (ii) for |
| 21 | | taxable years ending on or after December 31, 2008, to |
| 22 | | a person who would be a member of the same unitary |
| 23 | | business group but for the fact that the person is |
| 24 | | prohibited under Section 1501(a)(27) from being |
| 25 | | included in the unitary business group because he or |
| 26 | | she is ordinarily required to apportion business |
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| 1 | | income under different subsections of Section 304, but |
| 2 | | not to exceed the addition modification required to be |
| 3 | | made for the same taxable year under Section |
| 4 | | 203(d)(2)(D-7) for interest paid, accrued, or |
| 5 | | incurred, directly or indirectly, to the same person. |
| 6 | | This subparagraph (R) is exempt from Section 250; |
| 7 | | (S) An amount equal to the income from intangible |
| 8 | | property taken into account for the taxable year (net |
| 9 | | of the deductions allocable thereto) with respect to |
| 10 | | transactions with (i) a foreign person who would be a |
| 11 | | member of the taxpayer's unitary business group but |
| 12 | | for the fact that the foreign person's business |
| 13 | | activity outside the United States is 80% or more of |
| 14 | | that person's total business activity and (ii) for |
| 15 | | taxable years ending on or after December 31, 2008, to |
| 16 | | a person who would be a member of the same unitary |
| 17 | | business group but for the fact that the person is |
| 18 | | prohibited under Section 1501(a)(27) from being |
| 19 | | included in the unitary business group because he or |
| 20 | | she is ordinarily required to apportion business |
| 21 | | income under different subsections of Section 304, but |
| 22 | | not to exceed the addition modification required to be |
| 23 | | made for the same taxable year under Section |
| 24 | | 203(d)(2)(D-8) for intangible expenses and costs paid, |
| 25 | | accrued, or incurred, directly or indirectly, to the |
| 26 | | same person. This subparagraph (S) is exempt from |
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| 1 | | Section 250; and
|
| 2 | | (T) For taxable years ending on or after December |
| 3 | | 31, 2011, in the case of a taxpayer who was required to |
| 4 | | add back any insurance premiums under Section |
| 5 | | 203(d)(2)(D-9), such taxpayer may elect to subtract |
| 6 | | that part of a reimbursement received from the |
| 7 | | insurance company equal to the amount of the expense |
| 8 | | or loss (including expenses incurred by the insurance |
| 9 | | company) that would have been taken into account as a |
| 10 | | deduction for federal income tax purposes if the |
| 11 | | expense or loss had been uninsured. If a taxpayer |
| 12 | | makes the election provided for by this subparagraph |
| 13 | | (T), the insurer to which the premiums were paid must |
| 14 | | add back to income the amount subtracted by the |
| 15 | | taxpayer pursuant to this subparagraph (T). This |
| 16 | | subparagraph (T) is exempt from the provisions of |
| 17 | | Section 250; and . |
| 18 | | (U) For taxable years beginning on or after |
| 19 | | January 1, 2023, for any cannabis establishment |
| 20 | | operating in this State and licensed under the |
| 21 | | Cannabis Regulation and Tax Act or any cannabis |
| 22 | | cultivation center or medical cannabis dispensing |
| 23 | | organization operating in this State and licensed |
| 24 | | under the Compassionate Use of Medical Cannabis |
| 25 | | Program Act, an amount equal to the deductions that |
| 26 | | were disallowed under Section 280E of the Internal |
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| | 10300HB3817sam003 | - 866 - | LRB103 30519 JDS 62537 a |
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| 1 | | Revenue Code for the taxable year and that would not be |
| 2 | | added back under this subsection. The provisions of |
| 3 | | this subparagraph (U) are exempt from the provisions |
| 4 | | of Section 250.
|
| 5 | | (e) Gross income; adjusted gross income; taxable income. |
| 6 | | (1) In general. Subject to the provisions of paragraph |
| 7 | | (2) and
subsection (b)(3), for purposes of this Section |
| 8 | | and Section 803(e), a
taxpayer's gross income, adjusted |
| 9 | | gross income, or taxable income for
the taxable year shall |
| 10 | | mean the amount of gross income, adjusted gross
income or |
| 11 | | taxable income properly reportable for federal income tax
|
| 12 | | purposes for the taxable year under the provisions of the |
| 13 | | Internal
Revenue Code. Taxable income may be less than |
| 14 | | zero. However, for taxable
years ending on or after |
| 15 | | December 31, 1986, net operating loss
carryforwards from |
| 16 | | taxable years ending prior to December 31, 1986, may not
|
| 17 | | exceed the sum of federal taxable income for the taxable |
| 18 | | year before net
operating loss deduction, plus the excess |
| 19 | | of addition modifications over
subtraction modifications |
| 20 | | for the taxable year. For taxable years ending
prior to |
| 21 | | December 31, 1986, taxable income may never be an amount |
| 22 | | in excess
of the net operating loss for the taxable year as |
| 23 | | defined in subsections
(c) and (d) of Section 172 of the |
| 24 | | Internal Revenue Code, provided that when
taxable income |
| 25 | | of a corporation (other than a Subchapter S corporation),
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| 1 | | trust, or estate is less than zero and addition |
| 2 | | modifications, other than
those provided by subparagraph |
| 3 | | (E) of paragraph (2) of subsection (b) for
corporations or |
| 4 | | subparagraph (E) of paragraph (2) of subsection (c) for
|
| 5 | | trusts and estates, exceed subtraction modifications, an |
| 6 | | addition
modification must be made under those |
| 7 | | subparagraphs for any other taxable
year to which the |
| 8 | | taxable income less than zero (net operating loss) is
|
| 9 | | applied under Section 172 of the Internal Revenue Code or |
| 10 | | under
subparagraph (E) of paragraph (2) of this subsection |
| 11 | | (e) applied in
conjunction with Section 172 of the |
| 12 | | Internal Revenue Code. |
| 13 | | (2) Special rule. For purposes of paragraph (1) of |
| 14 | | this subsection,
the taxable income properly reportable |
| 15 | | for federal income tax purposes
shall mean: |
| 16 | | (A) Certain life insurance companies. In the case |
| 17 | | of a life
insurance company subject to the tax imposed |
| 18 | | by Section 801 of the
Internal Revenue Code, life |
| 19 | | insurance company taxable income, plus the
amount of |
| 20 | | distribution from pre-1984 policyholder surplus |
| 21 | | accounts as
calculated under Section 815a of the |
| 22 | | Internal Revenue Code; |
| 23 | | (B) Certain other insurance companies. In the case |
| 24 | | of mutual
insurance companies subject to the tax |
| 25 | | imposed by Section 831 of the
Internal Revenue Code, |
| 26 | | insurance company taxable income; |
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| 1 | | (C) Regulated investment companies. In the case of |
| 2 | | a regulated
investment company subject to the tax |
| 3 | | imposed by Section 852 of the
Internal Revenue Code, |
| 4 | | investment company taxable income; |
| 5 | | (D) Real estate investment trusts. In the case of |
| 6 | | a real estate
investment trust subject to the tax |
| 7 | | imposed by Section 857 of the
Internal Revenue Code, |
| 8 | | real estate investment trust taxable income; |
| 9 | | (E) Consolidated corporations. In the case of a |
| 10 | | corporation which
is a member of an affiliated group |
| 11 | | of corporations filing a consolidated
income tax |
| 12 | | return for the taxable year for federal income tax |
| 13 | | purposes,
taxable income determined as if such |
| 14 | | corporation had filed a separate
return for federal |
| 15 | | income tax purposes for the taxable year and each
|
| 16 | | preceding taxable year for which it was a member of an |
| 17 | | affiliated group.
For purposes of this subparagraph, |
| 18 | | the taxpayer's separate taxable
income shall be |
| 19 | | determined as if the election provided by Section
|
| 20 | | 243(b)(2) of the Internal Revenue Code had been in |
| 21 | | effect for all such years; |
| 22 | | (F) Cooperatives. In the case of a cooperative |
| 23 | | corporation or
association, the taxable income of such |
| 24 | | organization determined in
accordance with the |
| 25 | | provisions of Section 1381 through 1388 of the
|
| 26 | | Internal Revenue Code, but without regard to the |
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| 1 | | prohibition against offsetting losses from patronage |
| 2 | | activities against income from nonpatronage |
| 3 | | activities; except that a cooperative corporation or |
| 4 | | association may make an election to follow its federal |
| 5 | | income tax treatment of patronage losses and |
| 6 | | nonpatronage losses. In the event such election is |
| 7 | | made, such losses shall be computed and carried over |
| 8 | | in a manner consistent with subsection (a) of Section |
| 9 | | 207 of this Act and apportioned by the apportionment |
| 10 | | factor reported by the cooperative on its Illinois |
| 11 | | income tax return filed for the taxable year in which |
| 12 | | the losses are incurred. The election shall be |
| 13 | | effective for all taxable years with original returns |
| 14 | | due on or after the date of the election. In addition, |
| 15 | | the cooperative may file an amended return or returns, |
| 16 | | as allowed under this Act, to provide that the |
| 17 | | election shall be effective for losses incurred or |
| 18 | | carried forward for taxable years occurring prior to |
| 19 | | the date of the election. Once made, the election may |
| 20 | | only be revoked upon approval of the Director. The |
| 21 | | Department shall adopt rules setting forth |
| 22 | | requirements for documenting the elections and any |
| 23 | | resulting Illinois net loss and the standards to be |
| 24 | | used by the Director in evaluating requests to revoke |
| 25 | | elections. Public Act 96-932 is declaratory of |
| 26 | | existing law; |
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| 1 | | (G) Subchapter S corporations. In the case of: (i) |
| 2 | | a Subchapter S
corporation for which there is in |
| 3 | | effect an election for the taxable year
under Section |
| 4 | | 1362 of the Internal Revenue Code, the taxable income |
| 5 | | of such
corporation determined in accordance with |
| 6 | | Section 1363(b) of the Internal
Revenue Code, except |
| 7 | | that taxable income shall take into
account those |
| 8 | | items which are required by Section 1363(b)(1) of the
|
| 9 | | Internal Revenue Code to be separately stated; and |
| 10 | | (ii) a Subchapter
S corporation for which there is in |
| 11 | | effect a federal election to opt out of
the provisions |
| 12 | | of the Subchapter S Revision Act of 1982 and have |
| 13 | | applied
instead the prior federal Subchapter S rules |
| 14 | | as in effect on July 1, 1982,
the taxable income of |
| 15 | | such corporation determined in accordance with the
|
| 16 | | federal Subchapter S rules as in effect on July 1, |
| 17 | | 1982; and |
| 18 | | (H) Partnerships. In the case of a partnership, |
| 19 | | taxable income
determined in accordance with Section |
| 20 | | 703 of the Internal Revenue Code,
except that taxable |
| 21 | | income shall take into account those items which are
|
| 22 | | required by Section 703(a)(1) to be separately stated |
| 23 | | but which would be
taken into account by an individual |
| 24 | | in calculating his taxable income. |
| 25 | | (3) Recapture of business expenses on disposition of |
| 26 | | asset or business. Notwithstanding any other law to the |
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| 1 | | contrary, if in prior years income from an asset or |
| 2 | | business has been classified as business income and in a |
| 3 | | later year is demonstrated to be non-business income, then |
| 4 | | all expenses, without limitation, deducted in such later |
| 5 | | year and in the 2 immediately preceding taxable years |
| 6 | | related to that asset or business that generated the |
| 7 | | non-business income shall be added back and recaptured as |
| 8 | | business income in the year of the disposition of the |
| 9 | | asset or business. Such amount shall be apportioned to |
| 10 | | Illinois using the greater of the apportionment fraction |
| 11 | | computed for the business under Section 304 of this Act |
| 12 | | for the taxable year or the average of the apportionment |
| 13 | | fractions computed for the business under Section 304 of |
| 14 | | this Act for the taxable year and for the 2 immediately |
| 15 | | preceding taxable years.
|
| 16 | | (f) Valuation limitation amount. |
| 17 | | (1) In general. The valuation limitation amount |
| 18 | | referred to in
subsections (a)(2)(G), (c)(2)(I) and |
| 19 | | (d)(2)(E) is an amount equal to: |
| 20 | | (A) The sum of the pre-August 1, 1969 appreciation |
| 21 | | amounts (to the
extent consisting of gain reportable |
| 22 | | under the provisions of Section
1245 or 1250 of the |
| 23 | | Internal Revenue Code) for all property in respect
of |
| 24 | | which such gain was reported for the taxable year; |
| 25 | | plus |
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| 1 | | (B) The lesser of (i) the sum of the pre-August 1, |
| 2 | | 1969 appreciation
amounts (to the extent consisting of |
| 3 | | capital gain) for all property in
respect of which |
| 4 | | such gain was reported for federal income tax purposes
|
| 5 | | for the taxable year, or (ii) the net capital gain for |
| 6 | | the taxable year,
reduced in either case by any amount |
| 7 | | of such gain included in the amount
determined under |
| 8 | | subsection (a)(2)(F) or (c)(2)(H). |
| 9 | | (2) Pre-August 1, 1969 appreciation amount. |
| 10 | | (A) If the fair market value of property referred |
| 11 | | to in paragraph
(1) was readily ascertainable on |
| 12 | | August 1, 1969, the pre-August 1, 1969
appreciation |
| 13 | | amount for such property is the lesser of (i) the |
| 14 | | excess of
such fair market value over the taxpayer's |
| 15 | | basis (for determining gain)
for such property on that |
| 16 | | date (determined under the Internal Revenue
Code as in |
| 17 | | effect on that date), or (ii) the total gain realized |
| 18 | | and
reportable for federal income tax purposes in |
| 19 | | respect of the sale,
exchange or other disposition of |
| 20 | | such property. |
| 21 | | (B) If the fair market value of property referred |
| 22 | | to in paragraph
(1) was not readily ascertainable on |
| 23 | | August 1, 1969, the pre-August 1,
1969 appreciation |
| 24 | | amount for such property is that amount which bears
|
| 25 | | the same ratio to the total gain reported in respect of |
| 26 | | the property for
federal income tax purposes for the |
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| 1 | | taxable year, as the number of full
calendar months in |
| 2 | | that part of the taxpayer's holding period for the
|
| 3 | | property ending July 31, 1969 bears to the number of |
| 4 | | full calendar
months in the taxpayer's entire holding |
| 5 | | period for the
property. |
| 6 | | (C) The Department shall prescribe such |
| 7 | | regulations as may be
necessary to carry out the |
| 8 | | purposes of this paragraph.
|
| 9 | | (g) Double deductions. Unless specifically provided |
| 10 | | otherwise, nothing
in this Section shall permit the same item |
| 11 | | to be deducted more than once.
|
| 12 | | (h) Legislative intention. Except as expressly provided by |
| 13 | | this
Section there shall be no modifications or limitations on |
| 14 | | the amounts
of income, gain, loss or deduction taken into |
| 15 | | account in determining
gross income, adjusted gross income or |
| 16 | | taxable income for federal income
tax purposes for the taxable |
| 17 | | year, or in the amount of such items
entering into the |
| 18 | | computation of base income and net income under this
Act for |
| 19 | | such taxable year, whether in respect of property values as of
|
| 20 | | August 1, 1969 or otherwise. |
| 21 | | (Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19; |
| 22 | | 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff. |
| 23 | | 8-27-21; 102-813, eff. 5-13-22; 102-1112, eff. 12-21-22.)
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| 1 | | ARTICLE 145.
|
| 2 | | Section 145-5. The Illinois Act on the Aging is amended by |
| 3 | | changing Section 4.02 as follows:
|
| 4 | | (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
|
| 5 | | Sec. 4.02. Community Care Program. The Department shall |
| 6 | | establish a program of services to
prevent unnecessary |
| 7 | | institutionalization of persons age 60 and older in
need of |
| 8 | | long term care or who are established as persons who suffer |
| 9 | | from
Alzheimer's disease or a related disorder under the |
| 10 | | Alzheimer's Disease
Assistance Act, thereby enabling them
to |
| 11 | | remain in their own homes or in other living arrangements. |
| 12 | | Such
preventive services, which may be coordinated with other |
| 13 | | programs for the
aged and monitored by area agencies on aging |
| 14 | | in cooperation with the
Department, may include, but are not |
| 15 | | limited to, any or all of the following:
|
| 16 | | (a) (blank);
|
| 17 | | (b) (blank);
|
| 18 | | (c) home care aide services;
|
| 19 | | (d) personal assistant services;
|
| 20 | | (e) adult day services;
|
| 21 | | (f) home-delivered meals;
|
| 22 | | (g) education in self-care;
|
| 23 | | (h) personal care services;
|
| 24 | | (i) adult day health services;
|
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| 1 | | (j) habilitation services;
|
| 2 | | (k) respite care;
|
| 3 | | (k-5) community reintegration services;
|
| 4 | | (k-6) flexible senior services; |
| 5 | | (k-7) medication management; |
| 6 | | (k-8) emergency home response;
|
| 7 | | (l) other nonmedical social services that may enable |
| 8 | | the person
to become self-supporting; or
|
| 9 | | (m) clearinghouse for information provided by senior |
| 10 | | citizen home owners
who want to rent rooms to or share |
| 11 | | living space with other senior citizens.
|
| 12 | | The Department shall establish eligibility standards for |
| 13 | | such
services. In determining the amount and nature of |
| 14 | | services
for which a person may qualify, consideration shall |
| 15 | | not be given to the
value of cash, property or other assets |
| 16 | | held in the name of the person's
spouse pursuant to a written |
| 17 | | agreement dividing marital property into equal
but separate |
| 18 | | shares or pursuant to a transfer of the person's interest in a
|
| 19 | | home to his spouse, provided that the spouse's share of the |
| 20 | | marital
property is not made available to the person seeking |
| 21 | | such services.
|
| 22 | | Beginning January 1, 2008, the Department shall require as |
| 23 | | a condition of eligibility that all new financially eligible |
| 24 | | applicants apply for and enroll in medical assistance under |
| 25 | | Article V of the Illinois Public Aid Code in accordance with |
| 26 | | rules promulgated by the Department.
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| 1 | | The Department shall, in conjunction with the Department |
| 2 | | of Public Aid (now Department of Healthcare and Family |
| 3 | | Services),
seek appropriate amendments under Sections 1915 and |
| 4 | | 1924 of the Social
Security Act. The purpose of the amendments |
| 5 | | shall be to extend eligibility
for home and community based |
| 6 | | services under Sections 1915 and 1924 of the
Social Security |
| 7 | | Act to persons who transfer to or for the benefit of a
spouse |
| 8 | | those amounts of income and resources allowed under Section |
| 9 | | 1924 of
the Social Security Act. Subject to the approval of |
| 10 | | such amendments, the
Department shall extend the provisions of |
| 11 | | Section 5-4 of the Illinois
Public Aid Code to persons who, but |
| 12 | | for the provision of home or
community-based services, would |
| 13 | | require the level of care provided in an
institution, as is |
| 14 | | provided for in federal law. Those persons no longer
found to |
| 15 | | be eligible for receiving noninstitutional services due to |
| 16 | | changes
in the eligibility criteria shall be given 45 days |
| 17 | | notice prior to actual
termination. Those persons receiving |
| 18 | | notice of termination may contact the
Department and request |
| 19 | | the determination be appealed at any time during the
45 day |
| 20 | | notice period. The target
population identified for the |
| 21 | | purposes of this Section are persons age 60
and older with an |
| 22 | | identified service need. Priority shall be given to those
who |
| 23 | | are at imminent risk of institutionalization. The services |
| 24 | | shall be
provided to eligible persons age 60 and older to the |
| 25 | | extent that the cost
of the services together with the other |
| 26 | | personal maintenance
expenses of the persons are reasonably |
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| 1 | | related to the standards
established for care in a group |
| 2 | | facility appropriate to the person's
condition. These |
| 3 | | non-institutional services, pilot projects or
experimental |
| 4 | | facilities may be provided as part of or in addition to
those |
| 5 | | authorized by federal law or those funded and administered by |
| 6 | | the
Department of Human Services. The Departments of Human |
| 7 | | Services, Healthcare and Family Services,
Public Health, |
| 8 | | Veterans' Affairs, and Commerce and Economic Opportunity and
|
| 9 | | other appropriate agencies of State, federal and local |
| 10 | | governments shall
cooperate with the Department on Aging in |
| 11 | | the establishment and development
of the non-institutional |
| 12 | | services. The Department shall require an annual
audit from |
| 13 | | all personal assistant
and home care aide vendors contracting |
| 14 | | with
the Department under this Section. The annual audit shall |
| 15 | | assure that each
audited vendor's procedures are in compliance |
| 16 | | with Department's financial
reporting guidelines requiring an |
| 17 | | administrative and employee wage and benefits cost split as |
| 18 | | defined in administrative rules. The audit is a public record |
| 19 | | under
the Freedom of Information Act. The Department shall |
| 20 | | execute, relative to
the nursing home prescreening project, |
| 21 | | written inter-agency
agreements with the Department of Human |
| 22 | | Services and the Department
of Healthcare and Family Services, |
| 23 | | to effect the following: (1) intake procedures and common
|
| 24 | | eligibility criteria for those persons who are receiving |
| 25 | | non-institutional
services; and (2) the establishment and |
| 26 | | development of non-institutional
services in areas of the |
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| 1 | | State where they are not currently available or are
|
| 2 | | undeveloped. On and after July 1, 1996, all nursing home |
| 3 | | prescreenings for
individuals 60 years of age or older shall |
| 4 | | be conducted by the Department.
|
| 5 | | As part of the Department on Aging's routine training of |
| 6 | | case managers and case manager supervisors, the Department may |
| 7 | | include information on family futures planning for persons who |
| 8 | | are age 60 or older and who are caregivers of their adult |
| 9 | | children with developmental disabilities. The content of the |
| 10 | | training shall be at the Department's discretion. |
| 11 | | The Department is authorized to establish a system of |
| 12 | | recipient copayment
for services provided under this Section, |
| 13 | | such copayment to be based upon
the recipient's ability to pay |
| 14 | | but in no case to exceed the actual cost of
the services |
| 15 | | provided. Additionally, any portion of a person's income which
|
| 16 | | is equal to or less than the federal poverty standard shall not |
| 17 | | be
considered by the Department in determining the copayment. |
| 18 | | The level of
such copayment shall be adjusted whenever |
| 19 | | necessary to reflect any change
in the officially designated |
| 20 | | federal poverty standard.
|
| 21 | | The Department, or the Department's authorized |
| 22 | | representative, may
recover the amount of moneys expended for |
| 23 | | services provided to or in
behalf of a person under this |
| 24 | | Section by a claim against the person's
estate or against the |
| 25 | | estate of the person's surviving spouse, but no
recovery may |
| 26 | | be had until after the death of the surviving spouse, if
any, |
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| 1 | | and then only at such time when there is no surviving child who
|
| 2 | | is under age 21 or blind or who has a permanent and total |
| 3 | | disability. This
paragraph, however, shall not bar recovery, |
| 4 | | at the death of the person, of
moneys for services provided to |
| 5 | | the person or in behalf of the person under
this Section to |
| 6 | | which the person was not entitled;
provided that such recovery |
| 7 | | shall not be enforced against any real estate while
it is |
| 8 | | occupied as a homestead by the surviving spouse or other |
| 9 | | dependent, if no
claims by other creditors have been filed |
| 10 | | against the estate, or, if such
claims have been filed, they |
| 11 | | remain dormant for failure of prosecution or
failure of the |
| 12 | | claimant to compel administration of the estate for the |
| 13 | | purpose
of payment. This paragraph shall not bar recovery from |
| 14 | | the estate of a spouse,
under Sections 1915 and 1924 of the |
| 15 | | Social Security Act and Section 5-4 of the
Illinois Public Aid |
| 16 | | Code, who precedes a person receiving services under this
|
| 17 | | Section in death. All moneys for services
paid to or in behalf |
| 18 | | of the person under this Section shall be claimed for
recovery |
| 19 | | from the deceased spouse's estate. "Homestead", as used
in |
| 20 | | this paragraph, means the dwelling house and
contiguous real |
| 21 | | estate occupied by a surviving spouse
or relative, as defined |
| 22 | | by the rules and regulations of the Department of Healthcare |
| 23 | | and Family Services, regardless of the value of the property.
|
| 24 | | The Department shall increase the effectiveness of the |
| 25 | | existing Community Care Program by: |
| 26 | | (1) ensuring that in-home services included in the |
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| 1 | | care plan are available on evenings and weekends; |
| 2 | | (2) ensuring that care plans contain the services that |
| 3 | | eligible participants
need based on the number of days in |
| 4 | | a month, not limited to specific blocks of time, as |
| 5 | | identified by the comprehensive assessment tool selected |
| 6 | | by the Department for use statewide, not to exceed the |
| 7 | | total monthly service cost maximum allowed for each |
| 8 | | service; the Department shall develop administrative rules |
| 9 | | to implement this item (2); |
| 10 | | (3) ensuring that the participants have the right to |
| 11 | | choose the services contained in their care plan and to |
| 12 | | direct how those services are provided, based on |
| 13 | | administrative rules established by the Department; |
| 14 | | (4) ensuring that the determination of need tool is |
| 15 | | accurate in determining the participants' level of need; |
| 16 | | to achieve this, the Department, in conjunction with the |
| 17 | | Older Adult Services Advisory Committee, shall institute a |
| 18 | | study of the relationship between the Determination of |
| 19 | | Need scores, level of need, service cost maximums, and the |
| 20 | | development and utilization of service plans no later than |
| 21 | | May 1, 2008; findings and recommendations shall be |
| 22 | | presented to the Governor and the General Assembly no |
| 23 | | later than January 1, 2009; recommendations shall include |
| 24 | | all needed changes to the service cost maximums schedule |
| 25 | | and additional covered services; |
| 26 | | (5) ensuring that homemakers can provide personal care |
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| 1 | | services that may or may not involve contact with clients, |
| 2 | | including but not limited to: |
| 3 | | (A) bathing; |
| 4 | | (B) grooming; |
| 5 | | (C) toileting; |
| 6 | | (D) nail care; |
| 7 | | (E) transferring; |
| 8 | | (F) respiratory services; |
| 9 | | (G) exercise; or |
| 10 | | (H) positioning; |
| 11 | | (6) ensuring that homemaker program vendors are not |
| 12 | | restricted from hiring homemakers who are family members |
| 13 | | of clients or recommended by clients; the Department may |
| 14 | | not, by rule or policy, require homemakers who are family |
| 15 | | members of clients or recommended by clients to accept |
| 16 | | assignments in homes other than the client; |
| 17 | | (7) ensuring that the State may access maximum federal |
| 18 | | matching funds by seeking approval for the Centers for |
| 19 | | Medicare and Medicaid Services for modifications to the |
| 20 | | State's home and community based services waiver and |
| 21 | | additional waiver opportunities, including applying for |
| 22 | | enrollment in the Balance Incentive Payment Program by May |
| 23 | | 1, 2013, in order to maximize federal matching funds; this |
| 24 | | shall include, but not be limited to, modification that |
| 25 | | reflects all changes in the Community Care Program |
| 26 | | services and all increases in the services cost maximum; |
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| 1 | | (8) ensuring that the determination of need tool |
| 2 | | accurately reflects the service needs of individuals with |
| 3 | | Alzheimer's disease and related dementia disorders; |
| 4 | | (9) ensuring that services are authorized accurately |
| 5 | | and consistently for the Community Care Program (CCP); the |
| 6 | | Department shall implement a Service Authorization policy |
| 7 | | directive; the purpose shall be to ensure that eligibility |
| 8 | | and services are authorized accurately and consistently in |
| 9 | | the CCP program; the policy directive shall clarify |
| 10 | | service authorization guidelines to Care Coordination |
| 11 | | Units and Community Care Program providers no later than |
| 12 | | May 1, 2013; |
| 13 | | (10) working in conjunction with Care Coordination |
| 14 | | Units, the Department of Healthcare and Family Services, |
| 15 | | the Department of Human Services, Community Care Program |
| 16 | | providers, and other stakeholders to make improvements to |
| 17 | | the Medicaid claiming processes and the Medicaid |
| 18 | | enrollment procedures or requirements as needed, |
| 19 | | including, but not limited to, specific policy changes or |
| 20 | | rules to improve the up-front enrollment of participants |
| 21 | | in the Medicaid program and specific policy changes or |
| 22 | | rules to insure more prompt submission of bills to the |
| 23 | | federal government to secure maximum federal matching |
| 24 | | dollars as promptly as possible; the Department on Aging |
| 25 | | shall have at least 3 meetings with stakeholders by |
| 26 | | January 1, 2014 in order to address these improvements; |
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| 1 | | (11) requiring home care service providers to comply |
| 2 | | with the rounding of hours worked provisions under the |
| 3 | | federal Fair Labor Standards Act (FLSA) and as set forth |
| 4 | | in 29 CFR 785.48(b) by May 1, 2013; |
| 5 | | (12) implementing any necessary policy changes or |
| 6 | | promulgating any rules, no later than January 1, 2014, to |
| 7 | | assist the Department of Healthcare and Family Services in |
| 8 | | moving as many participants as possible, consistent with |
| 9 | | federal regulations, into coordinated care plans if a care |
| 10 | | coordination plan that covers long term care is available |
| 11 | | in the recipient's area; and |
| 12 | | (13) maintaining fiscal year 2014 rates at the same |
| 13 | | level established on January 1, 2013. |
| 14 | | By January 1, 2009 or as soon after the end of the Cash and |
| 15 | | Counseling Demonstration Project as is practicable, the |
| 16 | | Department may, based on its evaluation of the demonstration |
| 17 | | project, promulgate rules concerning personal assistant |
| 18 | | services, to include, but need not be limited to, |
| 19 | | qualifications, employment screening, rights under fair labor |
| 20 | | standards, training, fiduciary agent, and supervision |
| 21 | | requirements. All applicants shall be subject to the |
| 22 | | provisions of the Health Care Worker Background Check Act.
|
| 23 | | The Department shall develop procedures to enhance |
| 24 | | availability of
services on evenings, weekends, and on an |
| 25 | | emergency basis to meet the
respite needs of caregivers. |
| 26 | | Procedures shall be developed to permit the
utilization of |
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| 1 | | services in successive blocks of 24 hours up to the monthly
|
| 2 | | maximum established by the Department. Workers providing these |
| 3 | | services
shall be appropriately trained.
|
| 4 | | Beginning on the effective date of this amendatory Act of |
| 5 | | 1991, no person
may perform chore/housekeeping and home care |
| 6 | | aide services under a program
authorized by this Section |
| 7 | | unless that person has been issued a certificate
of |
| 8 | | pre-service to do so by his or her employing agency. |
| 9 | | Information
gathered to effect such certification shall |
| 10 | | include (i) the person's name,
(ii) the date the person was |
| 11 | | hired by his or her current employer, and
(iii) the training, |
| 12 | | including dates and levels. Persons engaged in the
program |
| 13 | | authorized by this Section before the effective date of this
|
| 14 | | amendatory Act of 1991 shall be issued a certificate of all |
| 15 | | pre- and
in-service training from his or her employer upon |
| 16 | | submitting the necessary
information. The employing agency |
| 17 | | shall be required to retain records of
all staff pre- and |
| 18 | | in-service training, and shall provide such records to
the |
| 19 | | Department upon request and upon termination of the employer's |
| 20 | | contract
with the Department. In addition, the employing |
| 21 | | agency is responsible for
the issuance of certifications of |
| 22 | | in-service training completed to their
employees.
|
| 23 | | The Department is required to develop a system to ensure |
| 24 | | that persons
working as home care aides and personal |
| 25 | | assistants
receive increases in their
wages when the federal |
| 26 | | minimum wage is increased by requiring vendors to
certify that |
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| 1 | | they are meeting the federal minimum wage statute for home |
| 2 | | care aides
and personal assistants. An employer that cannot |
| 3 | | ensure that the minimum
wage increase is being given to home |
| 4 | | care aides and personal assistants
shall be denied any |
| 5 | | increase in reimbursement costs.
|
| 6 | | The Community Care Program Advisory Committee is created |
| 7 | | in the Department on Aging. The Director shall appoint |
| 8 | | individuals to serve in the Committee, who shall serve at |
| 9 | | their own expense. Members of the Committee must abide by all |
| 10 | | applicable ethics laws. The Committee shall advise the |
| 11 | | Department on issues related to the Department's program of |
| 12 | | services to prevent unnecessary institutionalization. The |
| 13 | | Committee shall meet on a bi-monthly basis and shall serve to |
| 14 | | identify and advise the Department on present and potential |
| 15 | | issues affecting the service delivery network, the program's |
| 16 | | clients, and the Department and to recommend solution |
| 17 | | strategies. Persons appointed to the Committee shall be |
| 18 | | appointed on, but not limited to, their own and their agency's |
| 19 | | experience with the program, geographic representation, and |
| 20 | | willingness to serve. The Director shall appoint members to |
| 21 | | the Committee to represent provider, advocacy, policy |
| 22 | | research, and other constituencies committed to the delivery |
| 23 | | of high quality home and community-based services to older |
| 24 | | adults. Representatives shall be appointed to ensure |
| 25 | | representation from community care providers including, but |
| 26 | | not limited to, adult day service providers, homemaker |
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| 1 | | providers, case coordination and case management units, |
| 2 | | emergency home response providers, statewide trade or labor |
| 3 | | unions that represent home care
aides and direct care staff, |
| 4 | | area agencies on aging, adults over age 60, membership |
| 5 | | organizations representing older adults, and other |
| 6 | | organizational entities, providers of care, or individuals |
| 7 | | with demonstrated interest and expertise in the field of home |
| 8 | | and community care as determined by the Director. |
| 9 | | Nominations may be presented from any agency or State |
| 10 | | association with interest in the program. The Director, or his |
| 11 | | or her designee, shall serve as the permanent co-chair of the |
| 12 | | advisory committee. One other co-chair shall be nominated and |
| 13 | | approved by the members of the committee on an annual basis. |
| 14 | | Committee members' terms of appointment shall be for 4 years |
| 15 | | with one-quarter of the appointees' terms expiring each year. |
| 16 | | A member shall continue to serve until his or her replacement |
| 17 | | is named. The Department shall fill vacancies that have a |
| 18 | | remaining term of over one year, and this replacement shall |
| 19 | | occur through the annual replacement of expiring terms. The |
| 20 | | Director shall designate Department staff to provide technical |
| 21 | | assistance and staff support to the committee. Department |
| 22 | | representation shall not constitute membership of the |
| 23 | | committee. All Committee papers, issues, recommendations, |
| 24 | | reports, and meeting memoranda are advisory only. The |
| 25 | | Director, or his or her designee, shall make a written report, |
| 26 | | as requested by the Committee, regarding issues before the |
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| 1 | | Committee.
|
| 2 | | The Department on Aging and the Department of Human |
| 3 | | Services
shall cooperate in the development and submission of |
| 4 | | an annual report on
programs and services provided under this |
| 5 | | Section. Such joint report
shall be filed with the Governor |
| 6 | | and the General Assembly on or before
September 30 each year.
|
| 7 | | The requirement for reporting to the General Assembly |
| 8 | | shall be satisfied
by filing copies of the report
as required |
| 9 | | by Section 3.1 of the General Assembly Organization Act and
|
| 10 | | filing such additional copies with the State Government Report |
| 11 | | Distribution
Center for the General Assembly as is required |
| 12 | | under paragraph (t) of
Section 7 of the State Library Act.
|
| 13 | | Those persons previously found eligible for receiving |
| 14 | | non-institutional
services whose services were discontinued |
| 15 | | under the Emergency Budget Act of
Fiscal Year 1992, and who do |
| 16 | | not meet the eligibility standards in effect
on or after July |
| 17 | | 1, 1992, shall remain ineligible on and after July 1,
1992. |
| 18 | | Those persons previously not required to cost-share and who |
| 19 | | were
required to cost-share effective March 1, 1992, shall |
| 20 | | continue to meet
cost-share requirements on and after July 1, |
| 21 | | 1992. Beginning July 1, 1992,
all clients will be required to |
| 22 | | meet
eligibility, cost-share, and other requirements and will |
| 23 | | have services
discontinued or altered when they fail to meet |
| 24 | | these requirements. |
| 25 | | For the purposes of this Section, "flexible senior |
| 26 | | services" refers to services that require one-time or periodic |
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| 1 | | expenditures including, but not limited to, respite care, home |
| 2 | | modification, assistive technology, housing assistance, and |
| 3 | | transportation.
|
| 4 | | The Department shall implement an electronic service |
| 5 | | verification based on global positioning systems or other |
| 6 | | cost-effective technology for the Community Care Program no |
| 7 | | later than January 1, 2014. |
| 8 | | The Department shall require, as a condition of |
| 9 | | eligibility, enrollment in the medical assistance program |
| 10 | | under Article V of the Illinois Public Aid Code (i) beginning |
| 11 | | August 1, 2013, if the Auditor General has reported that the |
| 12 | | Department has failed
to comply with the reporting |
| 13 | | requirements of Section 2-27 of
the Illinois State Auditing |
| 14 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
| 15 | | reported that the
Department has not undertaken the required |
| 16 | | actions listed in
the report required by subsection (a) of |
| 17 | | Section 2-27 of the
Illinois State Auditing Act. |
| 18 | | The Department shall delay Community Care Program services |
| 19 | | until an applicant is determined eligible for medical |
| 20 | | assistance under Article V of the Illinois Public Aid Code (i) |
| 21 | | beginning August 1, 2013, if the Auditor General has reported |
| 22 | | that the Department has failed
to comply with the reporting |
| 23 | | requirements of Section 2-27 of
the Illinois State Auditing |
| 24 | | Act; or (ii) beginning June 1, 2014, if the Auditor General has |
| 25 | | reported that the
Department has not undertaken the required |
| 26 | | actions listed in
the report required by subsection (a) of |
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| 1 | | Section 2-27 of the
Illinois State Auditing Act. |
| 2 | | The Department shall implement co-payments for the |
| 3 | | Community Care Program at the federally allowable maximum |
| 4 | | level (i) beginning August 1, 2013, if the Auditor General has |
| 5 | | reported that the Department has failed
to comply with the |
| 6 | | reporting requirements of Section 2-27 of
the Illinois State |
| 7 | | Auditing Act; or (ii) beginning June 1, 2014, if the Auditor |
| 8 | | General has reported that the
Department has not undertaken |
| 9 | | the required actions listed in
the report required by |
| 10 | | subsection (a) of Section 2-27 of the
Illinois State Auditing |
| 11 | | Act. |
| 12 | | The Department shall continue to provide other Community |
| 13 | | Care Program reports as required by statute. |
| 14 | | The Department shall conduct a quarterly review of Care |
| 15 | | Coordination Unit performance and adherence to service |
| 16 | | guidelines. The quarterly review shall be reported to the |
| 17 | | Speaker of the House of Representatives, the Minority Leader |
| 18 | | of the House of Representatives, the
President of the
Senate, |
| 19 | | and the Minority Leader of the Senate. The Department shall |
| 20 | | collect and report longitudinal data on the performance of |
| 21 | | each care coordination unit. Nothing in this paragraph shall |
| 22 | | be construed to require the Department to identify specific |
| 23 | | care coordination units. |
| 24 | | In regard to community care providers, failure to comply |
| 25 | | with Department on Aging policies shall be cause for |
| 26 | | disciplinary action, including, but not limited to, |
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| 1 | | disqualification from serving Community Care Program clients. |
| 2 | | Each provider, upon submission of any bill or invoice to the |
| 3 | | Department for payment for services rendered, shall include a |
| 4 | | notarized statement, under penalty of perjury pursuant to |
| 5 | | Section 1-109 of the Code of Civil Procedure, that the |
| 6 | | provider has complied with all Department policies. |
| 7 | | The Director of the Department on Aging shall make |
| 8 | | information available to the State Board of Elections as may |
| 9 | | be required by an agreement the State Board of Elections has |
| 10 | | entered into with a multi-state voter registration list |
| 11 | | maintenance system. |
| 12 | | Within 30 days after July 6, 2017 (the effective date of |
| 13 | | Public Act 100-23), rates shall be increased to $18.29 per |
| 14 | | hour, for the purpose of increasing, by at least $.72 per hour, |
| 15 | | the wages paid by those vendors to their employees who provide |
| 16 | | homemaker services. The Department shall pay an enhanced rate |
| 17 | | under the Community Care Program to those in-home service |
| 18 | | provider agencies that offer health insurance coverage as a |
| 19 | | benefit to their direct service worker employees consistent |
| 20 | | with the mandates of Public Act 95-713. For State fiscal years |
| 21 | | 2018 and 2019, the enhanced rate shall be $1.77 per hour. The |
| 22 | | rate shall be adjusted using actuarial analysis based on the |
| 23 | | cost of care, but shall not be set below $1.77 per hour. The |
| 24 | | Department shall adopt rules, including emergency rules under |
| 25 | | subsections (y) and (bb) of Section 5-45 of the Illinois |
| 26 | | Administrative Procedure Act, to implement the provisions of |
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| 1 | | this paragraph. |
| 2 | | The General Assembly finds it necessary to authorize an |
| 3 | | aggressive Medicaid enrollment initiative designed to maximize |
| 4 | | federal Medicaid funding for the Community Care Program which |
| 5 | | produces significant savings for the State of Illinois. The |
| 6 | | Department on Aging shall establish and implement a Community |
| 7 | | Care Program Medicaid Initiative. Under the Initiative, the
|
| 8 | | Department on Aging shall, at a minimum: (i) provide an |
| 9 | | enhanced rate to adequately compensate care coordination units |
| 10 | | to enroll eligible Community Care Program clients into |
| 11 | | Medicaid; (ii) use recommendations from a stakeholder |
| 12 | | committee on how best to implement the Initiative; and (iii) |
| 13 | | establish requirements for State agencies to make enrollment |
| 14 | | in the State's Medical Assistance program easier for seniors. |
| 15 | | The Community Care Program Medicaid Enrollment Oversight |
| 16 | | Subcommittee is created as a subcommittee of the Older Adult |
| 17 | | Services Advisory Committee established in Section 35 of the |
| 18 | | Older Adult Services Act to make recommendations on how best |
| 19 | | to increase the number of medical assistance recipients who |
| 20 | | are enrolled in the Community Care Program. The Subcommittee |
| 21 | | shall consist of all of the following persons who must be |
| 22 | | appointed within 30 days after the effective date of this |
| 23 | | amendatory Act of the 100th General Assembly: |
| 24 | | (1) The Director of Aging, or his or her designee, who |
| 25 | | shall serve as the chairperson of the Subcommittee. |
| 26 | | (2) One representative of the Department of Healthcare |
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| 1 | | and Family Services, appointed by the Director of |
| 2 | | Healthcare and Family Services. |
| 3 | | (3) One representative of the Department of Human |
| 4 | | Services, appointed by the Secretary of Human Services. |
| 5 | | (4) One individual representing a care coordination |
| 6 | | unit, appointed by the Director of Aging. |
| 7 | | (5) One individual from a non-governmental statewide |
| 8 | | organization that advocates for seniors, appointed by the |
| 9 | | Director of Aging. |
| 10 | | (6) One individual representing Area Agencies on |
| 11 | | Aging, appointed by the Director of Aging. |
| 12 | | (7) One individual from a statewide association |
| 13 | | dedicated to Alzheimer's care, support, and research, |
| 14 | | appointed by the Director of Aging. |
| 15 | | (8) One individual from an organization that employs |
| 16 | | persons who provide services under the Community Care |
| 17 | | Program, appointed by the Director of Aging. |
| 18 | | (9) One member of a trade or labor union representing |
| 19 | | persons who provide services under the Community Care |
| 20 | | Program, appointed by the Director of Aging. |
| 21 | | (10) One member of the Senate, who shall serve as |
| 22 | | co-chairperson, appointed by the President of the Senate. |
| 23 | | (11) One member of the Senate, who shall serve as |
| 24 | | co-chairperson, appointed by the Minority Leader of the |
| 25 | | Senate. |
| 26 | | (12) One member of the House of
Representatives, who |
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| 1 | | shall serve as co-chairperson, appointed by the Speaker of |
| 2 | | the House of Representatives. |
| 3 | | (13) One member of the House of Representatives, who |
| 4 | | shall serve as co-chairperson, appointed by the Minority |
| 5 | | Leader of the House of Representatives. |
| 6 | | (14) One individual appointed by a labor organization |
| 7 | | representing frontline employees at the Department of |
| 8 | | Human Services. |
| 9 | | The Subcommittee shall provide oversight to the Community |
| 10 | | Care Program Medicaid Initiative and shall meet quarterly. At |
| 11 | | each Subcommittee meeting the Department on Aging shall |
| 12 | | provide the following data sets to the Subcommittee: (A) the |
| 13 | | number of Illinois residents, categorized by planning and |
| 14 | | service area, who are receiving services under the Community |
| 15 | | Care Program and are enrolled in the State's Medical |
| 16 | | Assistance Program; (B) the number of Illinois residents, |
| 17 | | categorized by planning and service area, who are receiving |
| 18 | | services under the Community Care Program, but are not |
| 19 | | enrolled in the State's Medical Assistance Program; and (C) |
| 20 | | the number of Illinois residents, categorized by planning and |
| 21 | | service area, who are receiving services under the Community |
| 22 | | Care Program and are eligible for benefits under the State's |
| 23 | | Medical Assistance Program, but are not enrolled in the |
| 24 | | State's Medical Assistance Program. In addition to this data, |
| 25 | | the Department on Aging shall provide the Subcommittee with |
| 26 | | plans on how the Department on Aging will reduce the number of |
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| 1 | | Illinois residents who are not enrolled in the State's Medical |
| 2 | | Assistance Program but who are eligible for medical assistance |
| 3 | | benefits. The Department on Aging shall enroll in the State's |
| 4 | | Medical Assistance Program those Illinois residents who |
| 5 | | receive services under the Community Care Program and are |
| 6 | | eligible for medical assistance benefits but are not enrolled |
| 7 | | in the State's Medicaid Assistance Program. The data provided |
| 8 | | to the Subcommittee shall be made available to the public via |
| 9 | | the Department on Aging's website. |
| 10 | | The Department on Aging, with the involvement of the |
| 11 | | Subcommittee, shall collaborate with the Department of Human |
| 12 | | Services and the Department of Healthcare and Family Services |
| 13 | | on how best to achieve the responsibilities of the Community |
| 14 | | Care Program Medicaid Initiative. |
| 15 | | The Department on Aging, the Department of Human Services, |
| 16 | | and the Department of Healthcare and Family Services shall |
| 17 | | coordinate and implement a streamlined process for seniors to |
| 18 | | access benefits under the State's Medical Assistance Program. |
| 19 | | The Subcommittee shall collaborate with the Department of |
| 20 | | Human Services on the adoption of a uniform application |
| 21 | | submission process. The Department of Human Services and any |
| 22 | | other State agency involved with processing the medical |
| 23 | | assistance application of any person enrolled in the Community |
| 24 | | Care Program shall include the appropriate care coordination |
| 25 | | unit in all communications related to the determination or |
| 26 | | status of the application. |
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| 1 | | The Community Care Program Medicaid Initiative shall |
| 2 | | provide targeted funding to care coordination units to help |
| 3 | | seniors complete their applications for medical assistance |
| 4 | | benefits. On and after July 1, 2019, care coordination units |
| 5 | | shall receive no less than $200 per completed application, |
| 6 | | which rate may be included in a bundled rate for initial intake |
| 7 | | services when Medicaid application assistance is provided in |
| 8 | | conjunction with the initial intake process for new program |
| 9 | | participants. |
| 10 | | The Community Care Program Medicaid Initiative shall cease |
| 11 | | operation 5 years after the effective date of this amendatory |
| 12 | | Act of the 100th General Assembly, after which the |
| 13 | | Subcommittee shall dissolve. |
| 14 | | Effective July 1, 2023, subject to federal approval, the |
| 15 | | Department on Aging shall reimburse Care Coordination Units at |
| 16 | | the following rates for case management services: $252.40 for |
| 17 | | each initial assessment; $366.40 for each initial assessment |
| 18 | | with translation; $229.68 for each redetermination assessment; |
| 19 | | $313.68 for each redetermination assessment with translation; |
| 20 | | $200.00 for each completed application for medical assistance |
| 21 | | benefits; $132.26 for each face-to-face, choices-for-care |
| 22 | | screening; $168.26 for each face-to-face, choices-for-care |
| 23 | | screening with translation; $124.56 for each 6-month, |
| 24 | | face-to-face visit; $132.00 for each MCO participant |
| 25 | | eligibility determination; and $157.00 for each MCO |
| 26 | | participant eligibility determination with translation. |
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| 1 | | (Source: P.A. 101-10, eff. 6-5-19; 102-1071, eff. 6-10-22.)
|
| 2 | | ARTICLE 150.
|
| 3 | | Section 150-5. The Illinois Affordable Housing Act is |
| 4 | | amended by changing Section 17 as follows:
|
| 5 | | (310 ILCS 65/17) (from Ch. 67 1/2, par. 1267)
|
| 6 | | Sec. 17. Annual Budget and Report. (a) Within 9 months |
| 7 | | after the
effective date of this Act, the Commission shall |
| 8 | | prepare a plan
listing available resources, priorities for |
| 9 | | expenditures, and procedures for
making application for grants |
| 10 | | and loans. The plan shall be published in the
Illinois |
| 11 | | Register. Such a plan shall be prepared annually and published
|
| 12 | | for each succeeding year.
|
| 13 | | (b) Within 60 days of the end of each fiscal year, the |
| 14 | | Commission shall
prepare a report to the General Assembly |
| 15 | | describing the activities of the
Affordable Housing Program |
| 16 | | for the preceding year.
|
| 17 | | (c) 1% of permitted funds within the annual proposed |
| 18 | | budget stemming from the plan shall be allocated to support |
| 19 | | limited-equity cooperative housing through programs and |
| 20 | | subsidies for cooperative homebuyer assistance, building |
| 21 | | acquisition and renovation, assistance with monthly housing |
| 22 | | charges, predevelopment funding, and technical assistance. |
| 23 | | (Source: P.A. 86-925.)
|
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| 1 | | ARTICLE 155.
|
| 2 | | Section 155-5. The Higher Education Student Assistance Act |
| 3 | | is amended by adding Section 27 as follows:
|
| 4 | | (110 ILCS 947/27 new) |
| 5 | | Sec. 27. Prepare for Illinois' Future Program. |
| 6 | | (a) Subject to appropriation, the Illinois Student |
| 7 | | Assistance Commission shall as soon as is practicable, develop |
| 8 | | and implement a Prepare for Illinois' Future Program to offer |
| 9 | | comprehensive test preparation and professional licensure |
| 10 | | preparation, free of charge and at no cost to students, with a |
| 11 | | goal of serving all students at institutions of higher |
| 12 | | education. If funding for the program is insufficient to |
| 13 | | support universal access, then the Commission may prioritize |
| 14 | | offering the services to recipients of the Monetary Award |
| 15 | | Program grant assistance under Section 35 of this Act. |
| 16 | | (b) The Program shall offer students, at a minimum, test |
| 17 | | preparation services for the Medical College Admission Test, |
| 18 | | the Law School Admission Test, the Graduate Record |
| 19 | | Examination, the Graduate Management Admission Test, and other |
| 20 | | preparation programs for professional exams that may include, |
| 21 | | but are not limited to, exams for nursing, teaching, real |
| 22 | | estate, securities, and law. The program may also provide |
| 23 | | preparation for credentials such as, but not limited to, the |
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| 1 | | Securities Industry Essentials Exam, a Financial Paraplanner |
| 2 | | Qualified Professional exam, and a Wealth Management |
| 3 | | Specialist exam. In establishing the Program, the Commission |
| 4 | | shall consider, among other factors, whether the test and |
| 5 | | licensure exam preparation and credentialing programs can be |
| 6 | | provided by a single vendor. |
| 7 | | (c) The Commission shall report to the General Assembly |
| 8 | | and Governor on the Program's usage as soon as is practicable |
| 9 | | after the Program has been in place for at least one academic |
| 10 | | year. To the extent that appropriate data is available, the |
| 11 | | Commission shall also report information on the program's |
| 12 | | effectiveness, with a goal of providing multi-stage research |
| 13 | | to gauge the impact of this investment on in-state university |
| 14 | | recruitment and retention, the State's talent pipeline, and |
| 15 | | the longitudinal value provided to State students. |
| 16 | | Institutions of higher education shall provide information to |
| 17 | | the Commission as needed to facilitate completion of this |
| 18 | | report.
|
| 19 | | ARTICLE 999.
|
| 20 | | Section 999-95. No acceleration or delay. Where this Act |
| 21 | | makes changes in a statute that is represented in this Act by |
| 22 | | text that is not yet or no longer in effect (for example, a |
| 23 | | Section represented by multiple versions), the use of that |
| 24 | | text does not accelerate or delay the taking effect of (i) the |
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| 1 | | changes made by this Act or (ii) provisions derived from any |
| 2 | | other Public Act.
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| 3 | | Section 999-99. Effective date. This Act takes effect upon |
| 4 | | becoming law, except that Articles 10, 85, 98, 100, and 125 |
| 5 | | take effect on July 1, 2023, Articles 20, 80, and 99 take |
| 6 | | effect on January 1, 2024, and Section 5-110 takes effect on |
| 7 | | the effective date of House Bill 2041 of the 103rd General |
| 8 | | Assembly or upon becoming law, whichever is later.".
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