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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1. GENERAL PROVISIONS
5		Section 1-1. Short title. This Act may be cited as the
6		FY2019 Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		changes in State programs that are necessary to implement the
9		State budget.
10		ARTICLE 5. AMENDATORY PROVISIONS
11		Section 5-5. The Election Code is amended by adding Section
12		1A-55 as follows:
13		(10 ILCS 5/1A-55 new)
14		Sec. 1A-55. Cyber security efforts. The State Board of
15		Elections shall provide by rule, after at least 2 public
16		hearings of the Board and in consultation with the election
17		authorities, a Cyber Navigator Program to support the efforts
18		of election authorities to defend against cyber breaches and
19		detect and recover from cyber attacks. The rules shall include

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1		the Board's plan to allocate any resources received in
2		accordance with the Help America Vote Act and provide that no
3		less than half of any such funds received shall be allocated to
4		the Cyber Navigator Program. The Cyber Navigator Program should
5		be designed to provide equal support to all election
6		authorities, with allowable modifications based on need. The
7		remaining half of the Help America Vote Act funds shall be
8		distributed as the State Board of Elections may determine, but
9		no grants may be made to election authorities that do not
10		participate in the Cyber Navigator Program.
11		Section 5-10. The Balanced Budget Note Act is amended by
12		changing Section 5 as follows:
13		(25 ILCS 80/5) (from Ch. 63, par. 42.93-5)
14		Sec. 5. Supplemental Appropriation Bill Defined. For
15		purposes of this Act, "supplemental appropriation bill" means
16		any appropriation bill that is (a) introduced or amended
17		(including any changes to legislation by means of the
18		submission of a conference committee report) on or after July 1
19		of a fiscal year and (b) proposes (as introduced or as amended
20		as the case may be) to authorize, increase, decrease, or
21		reallocate any general funds appropriation for that same fiscal
22		year. The general funds consist of the General Revenue Fund,
23		the Common School Fund, the General Revenue Common School
24		Special Account Fund, and the Education Assistance Fund, the

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1		Fund for the Advancement of Education, the Commitment to Human
2		Services Fund, and the Budget Stabilization Fund.
3		(Source: P.A. 87-688.)
4		Section 5-15. The State Finance Act is amended by changing
5		Sections 5.857 and 6z-100 as follows:
6		(30 ILCS 105/5.857)
7		(Section scheduled to be repealed on July 1, 2018)
8		Sec. 5.857. The Capital Development Board Revolving Fund.
9		This Section is repealed July 1, 2019 2018.
10		(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;
11		100-23, eff. 7-6-17.)
12		(30 ILCS 105/6z-100)
13		(Section scheduled to be repealed on July 1, 2018)
14		Sec. 6z-100. Capital Development Board Revolving Fund;
15		payments into and use. All monies received by the Capital
16		Development Board for publications or copies issued by the
17		Board, and all monies received for contract administration
18		fees, charges, or reimbursements owing to the Board shall be
19		deposited into a special fund known as the Capital Development
20		Board Revolving Fund, which is hereby created in the State
21		treasury. The monies in this Fund shall be used by the Capital
22		Development Board, as appropriated, for expenditures for
23		personal services, retirement, social security, contractual

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1		services, legal services, travel, commodities, printing,
2		equipment, electronic data processing, or telecommunications.
3		Unexpended moneys in the Fund shall not be transferred or
4		allocated by the Comptroller or Treasurer to any other fund,
5		nor shall the Governor authorize the transfer or allocation of
6		those moneys to any other fund. This Section is repealed July
7		1, 2019 2018.
8		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
9		Section 5-20. The State Finance Act is amended by changing
10		Sections 6z-27, 8g-1, and 13.2 as follows:
11		(30 ILCS 105/6z-27)
12		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
13		transferred, appropriated and used only for the purposes
14		authorized by, and subject to the limitations and conditions
15		prescribed by, the State Auditing Act.
16		Within 30 days after the effective date of this amendatory
17		Act of the 100th General Assembly, the State Comptroller shall
18		order transferred and the State Treasurer shall transfer from
19		the following funds moneys in the specified amounts for deposit
20		into the Audit Expense Fund:
21		Agricultural Premium Fund..............................18,792
22		Anna Veterans Home Fund.................................8,050
23		Appraisal Administration Fund...........................4,373
24		Attorney General Court Ordered and Voluntary Compliance

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1		Payment Projects Fund..............................14,421
2		Attorney General Whistleblower Reward and
3		Protection Fund.....................................9,220
4		Bank and Trust Company Fund............................93,160
5		Budget Stabilization Fund.............................131,491
6		Care Provider Fund for Persons with a
7		Developmental Disability............................6,003
8		CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,495
9		Cemetery Oversight Licensing and Disciplinary Fund......5,583
10		Chicago State University Education Improvement Fund.....4,233
11		Child Support Administrative Fund.......................2,299
12		Commitment to Human Services Fund.....................122,475
13		Common School Fund....................................433,663
14		Community Association Manager Licensing and
15		Disciplinary Fund.....................................877
16		Community Mental Health Medicaid Trust Fund.............9,897
17		Credit Union Fund......................................22,441
18		Cycle Rider Safety Training Fund........................1,084
19		DCFS Children's Services Fund.........................241,473
20		Department of Business Services Special
21		Operations Fund.....................................5,493
22		Department of Corrections Reimbursement
23		and Education Fund.................................18,389
24		Department of Human Services Community Services Fund....5,399
25		Design Professionals Administration and
26		Investigation Fund..................................5,378

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1		The Downstate Public Transportation Fund...............32,074
2		Downstate Transit Improvement Fund......................1,251
3		Dram Shop Fund............................................514
4		Driver Services Administration Fund.......................897
5		Drivers Education Fund..................................1,417
6		Drug Rebate Fund.......................................21,941
7		Drug Treatment Fund.......................................527
8		The Education Assistance Fund.......................1,230,281
9		Electronic Health Record Incentive Fund...................657
10		Energy Efficiency Portfolio Standards Fund............126,046
11		Facilities Management Revolving Fund...................15,360
12		Fair and Exposition Fund..................................911
13		Federal High Speed Rail Trust Fund.....................59,579
14		Federal Workforce Training Fund.......................152,617
15		Feed Control Fund.......................................1,584
16		Fertilizer Control Fund.................................1,369
17		The Fire Prevention Fund................................3,183
18		Fund for the Advancement of Education.................130,528
19		General Professions Dedicated Fund.....................19,678
20		The General Revenue Fund...........................17,653,153
21		Grade Crossing Protection Fund..........................2,379
22		Health and Human Services Medicaid Trust Fund...........3,852
23		Healthcare Provider Relief Fund........................71,263
24		Horse Racing Fund.....................................215,160
25		Hospital Provider Fund.................................44,230
26		Illinois Affordable Housing Trust Fund..................5,478

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1		Illinois Capital Revolving Loan Fund....................1,067
2		Illinois Charity Bureau Fund............................2,236
3		Illinois Gaming Law Enforcement Fund....................1,395
4		Illinois State Dental Disciplinary Fund.................5,128
5		Illinois State Fair Fund................................7,297
6		Illinois State Medical Disciplinary Fund...............21,473
7		Illinois State Pharmacy Disciplinary Fund...............8,839
8		Illinois Veterans Assistance Fund.......................3,863
9		Illinois Veterans' Rehabilitation Fund....................634
10		Illinois Workers' Compensation Commission
11		Operations Fund.....................................4,758
12		IMSA Income Fund........................................6,823
13		Income Tax Refund Fund................................176,034
14		Insurance Financial Regulation Fund...................110,878
15		Insurance Premium Tax Refund Fund......................16,534
16		Insurance Producer Administration Fund................107,833
17		Intermodal Facilities Promotion Fund....................1,011
18		International Tourism Fund..............................6,566
19		LaSalle Veterans Home Fund.............................36,259
20		LEADS Maintenance Fund..................................1,050
21		Live and Learn Fund....................................10,805
22		Lobbyist Registration Administration Fund.................521
23		The Local Government Distributive Fund................113,119
24		Local Tourism Fund.....................................19,098
25		Long-Term Care Provider Fund............................6,761
26		Manteno Veterans Home Fund.............................68,288

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1		Medical Interagency Program Fund..........................602
2		Mental Health Fund......................................3,358
3		Money Laundering Asset Recovery Fund....................1,115
4		Monitoring Device Driving Permit
5		Administration Fee Fund...............................797
6		Motor Carrier Safety Inspection Fund....................1,289
7		The Motor Fuel Tax Fund...............................101,821
8		Motor Vehicle License Plate Fund........................5,094
9		Nursing Dedicated and Professional Fund................10,673
10		Optometric Licensing and Disciplinary Board Fund........1,608
11		Partners for Conservation Fund..........................8,973
12		The Personal Property Tax Replacement Fund............119,343
13		Pesticide Control Fund..................................5,826
14		Professional Services Fund..............................1,569
15		Professions Indirect Cost Fund........................176,535
16		Public Pension Regulation Fund..........................9,236
17		The Public Transportation Fund.........................91,397
18		Quincy Veterans Home Fund..............................64,594
19		Real Estate License Administration Fund................34,822
20		Regional Transportation Authority Occupation and
21		Use Tax Replacement Fund............................3,486
22		Registered Certified Public Accountants' Administration
23		and Disciplinary Fund..............................3,423
24		Rental Housing Support Program Fund.....................2,388
25		Residential Finance Regulatory Fund....................17,742
26		The Road Fund.........................................662,332

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1		Roadside Memorial Fund..................................1,170
2		Savings Bank Regulatory Fund............................2,270
3		School Infrastructure Fund.............................14,441
4		Secretary of State DUI Administration Fund..............1,107
5		Secretary of State Identification Security and Theft
6		Prevention Fund.....................................6,154
7		Secretary of State Special License Plate Fund...........2,210
8		Secretary of State Special Services Fund...............10,306
9		Securities Audit and Enforcement Fund...................3,972
10		Special Education Medicaid Matching Fund................2,346
11		State and Local Sales Tax Reform Fund...................6,592
12		State Asset Forfeiture Fund.............................1,239
13		State Construction Account Fund.......................106,236
14		State Crime Laboratory Fund.............................4,020
15		State Gaming Fund.....................................200,367
16		The State Garage Revolving Fund.........................5,521
17		The State Lottery Fund................................215,561
18		State Offender DNA Identification System Fund...........1,270
19		State Pensions Fund...................................500,000
20		State Police DUI Fund...................................1,050
21		State Police Firearm Services Fund......................4,116
22		State Police Services Fund.............................11,485
23		State Police Vehicle Fund...............................6,004
24		State Police Whistleblower Reward
25		and Protection Fund.................................3,519
26		Supplemental Low-Income Energy Assistance Fund.........74,279

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1		Tax Compliance and Administration Fund..................1,479
2		Technology Management Revolving Fund..................204,090
3		Tobacco Settlement Recovery Fund........................1,855
4		Tourism Promotion Fund.................................40,541
5		University of Illinois Hospital Services Fund...........1,924
6		The Vehicle Inspection Fund.............................1,469
7		Violent Crime Victims Assistance Fund..................13,911
8		Weights and Measures Fund...............................5,660
9		The Working Capital Revolving Fund.....................18,184
10		Agricultural Premium Fund.............................182,124
11		Assisted Living and Shared Housing Regulatory Fund......1,631
12		Capital Development Board Revolving Fund................8,023
13		Care Provider Fund for Persons with a
14		Developmental Disability...........................17,737
15		Carolyn Adams Ticket for the Cure Grant Fund............1,080
16		CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
17		Chicago State University Education Improvement Fund.....5,437
18		Child Support Administrative Fund.......................5,110
19		Common School Fund....................................312,638
20		Communications Revolving Fund..........................40,492
21		Community Mental Health Medicaid Trust Fund............30,952
22		Death Certificate Surcharge Fund........................2,243
23		Death Penalty Abolition Fund............................8,367
24		Department of Business Services Special Operations Fund.11,982
25		Department of Human Services Community Services Fund....4,340
26		Downstate Public Transportation Fund....................6,600

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1		Driver Services Administration Fund.....................2,644
2		Drivers Education Fund....................................517
3		Drug Rebate Fund.......................................17,541
4		Drug Treatment Fund.....................................2,133
5		Drunk & Drugged Driving Prevention Fund...................874
6		Education Assistance Fund.............................894,514
7		Electronic Health Record Incentive Fund.................1,155
8		Emergency Public Health Fund............................9,025
9		EMS Assistance Fund.....................................3,705
10		Estate Tax Refund Fund..................................2,088
11		Facilities Management Revolving Fund...................92,392
12		Facility Licensing Fund.................................3,189
13		Fair & Exposition Fund.................................13,059
14		Federal High Speed Rail Trust Fund......................9,168
15		Feed Control Fund......................................14,955
16		Fertilizer Control Fund.................................9,404
17		Fire Prevention Fund....................................4,146
18		Food and Drug Safety Fund...............................1,101
19		Fund for the Advancement of Education..................12,463
20		General Revenue Fund...............................17,653,153
21		Grade Crossing Protection Fund............................965
22		Hazardous Waste Research Fund.............................543
23		Health Facility Plan Review Fund........................3,704
24		Health and Human Services Medicaid Trust Fund..........16,996
25		Healthcare Provider Relief Fund.......................147,619
26		Home Care Services Agency Licensure Fund................3,285

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1		Hospital Provider Fund.................................76,973
2		ICJIA Violence Prevention Fund..........................8,062
3		Illinois Affordable Housing Trust Fund..................6,878
4		Illinois Department of Agriculture Laboratory
5		Services Revolving Fund.............7,887
6		Illinois Health Facilities Planning Fund................4,816
7		IMSA Income Fund........................................6,876
8		Illinois School Asbestos Abatement Fund.................2,058
9		Illinois Standardbred Breeders Fund.....................1,381
10		Illinois State Fair Fund...............................94,229
11		Illinois Thoroughbred Breeders Fund.....................3,974
12		Illinois Veterans' Rehabilitation Fund..................1,308
13		Illinois Workers Compensation
14		Commission Operations Fund........................183,518
15		Income Tax Refund Fund.................................36,095
16		Lead Poisoning Screening, Prevention,
17		and Abatement Fund..................................3,311
18		Live and Learn Fund....................................22,956
19		Livestock Management Facilities Fund......................683
20		Lobbyist Registration Administration Fund...............1,057
21		Local Government Distributive Fund.....................26,025
22		Long Term Care
23		Monitor/Receiver Fund..............................63,014
24		Long Term Care Provider Fund...........................15,082
25		Mandatory Arbitration Fund..............................2,484
26		Medical Interagency Program Fund........................1,343

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1		Mental Health Fund......................................9,176
2		Metabolic Screening and Treatment Fund.................41,241
3		Monitoring Device Driving Permit
4		Administration Fee Fund.............................1,403
5		Motor Fuel Tax Fund....................................23,607
6		Motor Vehicle License Plate Fund.......................15,200
7		Motor Vehicle Theft
8		Prevention Trust Fund...............................4,803
9		Multiple Sclerosis Research Fund........................5,380
10		Nursing Dedicated and Professional Fund.................1,613
11		Partners for Conservation Fund..........................8,620
12		Personal Property Tax Replacement Fund.................23,828
13		Pesticide Control Fund.................................83,517
14		Pet Population Control Fund...............................526
15		Plumbing Licensure and Program Fund.....................5,148
16		Professional Services Fund..............................6,487
17		Public Health Laboratory
18		Services Revolving Fund............................11,242
19		Public Transportation Fund.............................16,112
20		Road Fund.............................................746,799
21		Regional Transportation Authority Occupation
22		and Use Tax Replacement Fund...............563
23		School Infrastructure Fund.............................17,532
24		Secretary of State DUI Administration Fund..............2,336
25		Secretary of State Identification Security
26		and Theft Prevention Fund..........................11,609

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1		Secretary of State Special License Plate Fund ..........4,561
2		Secretary of State Special Services Fund...............24,693
3		Securities Audit and Enforcement Fund...................9,137
4		Special Education Medicaid Matching Fund................5,019
5		State and Local Sales Tax Reform Fund...................1,380
6		State Construction Account Fund........................27,323
7		State Gaming Fund......................................79,018
8		State Garage Revolving Fund............................15,516
9		State Lottery Fund....................................348,448
10		State Pensions Fund...................................500,000
11		State Surplus Property Revolving Fund...................2,025
12		State Treasurer's Bank Services Trust Fund................551
13		Statistical Services Revolving Fund....................63,131
14		Supreme Court Historic Preservation Fund...............33,226
15		Tattoo and Body Piercing
16		Establishment Registration Fund.......................812
17		Tobacco Settlement Recovery Fund.......................23,084
18		Trauma Center Fund.....................................12,572
19		University of Illinois Hospital Services Fund...........4,260
20		Vehicle Inspection Fund.................................3,266
21		Weights and Measures Fund..............................72,488
22		Notwithstanding any provision of the law to the contrary,
23		the General Assembly hereby authorizes the use of such funds
24		for the purposes set forth in this Section.
25		These provisions do not apply to funds classified by the
26		Comptroller as federal trust funds or State trust funds. The

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1		Audit Expense Fund may receive transfers from those trust funds
2		only as directed herein, except where prohibited by the terms
3		of the trust fund agreement. The Auditor General shall notify
4		the trustees of those funds of the estimated cost of the audit
5		to be incurred under the Illinois State Auditing Act for the
6		fund. The trustees of those funds shall direct the State
7		Comptroller and Treasurer to transfer the estimated amount to
8		the Audit Expense Fund.
9		The Auditor General may bill entities that are not subject
10		to the above transfer provisions, including private entities,
11		related organizations and entities whose funds are
12		locally-held, for the cost of audits, studies, and
13		investigations incurred on their behalf. Any revenues received
14		under this provision shall be deposited into the Audit Expense
15		Fund.
16		In the event that moneys on deposit in any fund are
17		unavailable, by reason of deficiency or any other reason
18		preventing their lawful transfer, the State Comptroller shall
19		order transferred and the State Treasurer shall transfer the
20		amount deficient or otherwise unavailable from the General
21		Revenue Fund for deposit into the Audit Expense Fund.
22		On or before December 1, 1992, and each December 1
23		thereafter, the Auditor General shall notify the Governor's
24		Office of Management and Budget (formerly Bureau of the Budget)
25		of the amount estimated to be necessary to pay for audits,
26		studies, and investigations in accordance with the Illinois

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1		State Auditing Act during the next succeeding fiscal year for
2		each State fund for which a transfer or reimbursement is
3		anticipated.
4		Beginning with fiscal year 1994 and during each fiscal year
5		thereafter, the Auditor General may direct the State
6		Comptroller and Treasurer to transfer moneys from funds
7		authorized by the General Assembly for that fund. In the event
8		funds, including federal and State trust funds but excluding
9		the General Revenue Fund, are transferred, during fiscal year
10		1994 and during each fiscal year thereafter, in excess of the
11		amount to pay actual costs attributable to audits, studies, and
12		investigations as permitted or required by the Illinois State
13		Auditing Act or specific action of the General Assembly, the
14		Auditor General shall, on September 30, or as soon thereafter
15		as is practicable, direct the State Comptroller and Treasurer
16		to transfer the excess amount back to the fund from which it
17		was originally transferred.
18		(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
19		100-23, eff. 7-6-17.)
20		(30 ILCS 105/8g-1)
21		Sec. 8g-1. Fund transfers.
22		(a) (Blank). In addition to any other transfers that may be
23		provided for by law, on and after July 1, 2012 and until May 1,
24		2013, at the direction of and upon notification from the
25		Governor, the State Comptroller shall direct and the State

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1		Treasurer shall transfer amounts not exceeding a total of
2		$80,000,000 from the General Revenue Fund to the Tobacco
3		Settlement Recovery Fund. Any amounts so transferred shall be
4		retransferred by the State Comptroller and the State Treasurer
5		from the Tobacco Settlement Recovery Fund to the General
6		Revenue Fund at the direction of and upon notification from the
7		Governor, but in any event on or before June 30, 2013.
8		(b) (Blank). In addition to any other transfers that may be
9		provided for by law, on and after July 1, 2013 and until May 1,
10		2014, at the direction of and upon notification from the
11		Governor, the State Comptroller shall direct and the State
12		Treasurer shall transfer amounts not exceeding a total of
13		$80,000,000 from the General Revenue Fund to the Tobacco
14		Settlement Recovery Fund. Any amounts so transferred shall be
15		retransferred by the State Comptroller and the State Treasurer
16		from the Tobacco Settlement Recovery Fund to the General
17		Revenue Fund at the direction of and upon notification from the
18		Governor, but in any event on or before June 30, 2014.
19		(c) (Blank). In addition to any other transfers that may be
20		provided for by law, on July 1, 2013, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $1,400,000 from the General
23		Revenue Fund to the ICJIA Violence Prevention Fund.
24		(d) (Blank). In addition to any other transfers that may be
25		provided for by law, on July 1, 2013, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

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1		Treasurer shall transfer the sum of $1,500,000 from the General
2		Revenue Fund to the Illinois Veterans Assistance Fund.
3		(e) (Blank). In addition to any other transfers that may be
4		provided for by law, on July 1, 2013, or as soon thereafter as
5		practical, the State Comptroller shall direct and the State
6		Treasurer shall transfer the sum of $500,000 from the General
7		Revenue Fund to the Senior Citizens Real Estate Deferred Tax
8		Revolving Fund.
9		(f) (Blank). In addition to any other transfers that may be
10		provided for by law, on July 1, 2013, or as soon thereafter as
11		practical, the State Comptroller shall direct and the State
12		Treasurer shall transfer the sum of $4,000,000 from the General
13		Revenue Fund to the Digital Divide Elimination Fund.
14		(g) (Blank). In addition to any other transfers that may be
15		provided for by law, on July 1, 2013, or as soon thereafter as
16		practical, the State Comptroller shall direct and the State
17		Treasurer shall transfer the sum of $5,000,000 from the General
18		Revenue Fund to the Communications Revolving Fund.
19		(h) (Blank). In addition to any other transfers that may be
20		provided for by law, on July 1, 2013, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $9,800,000 from the General
23		Revenue Fund to the Presidential Library and Museum Operating
24		Fund.
25		(i) (Blank). In addition to any other transfers that may be
26		provided for by law, on and after July 1, 2014 and until May 1,

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1		2015, at the direction of and upon notification from the
2		Governor, the State Comptroller shall direct and the State
3		Treasurer shall transfer amounts not exceeding a total of
4		$80,000,000 from the General Revenue Fund to the Tobacco
5		Settlement Recovery Fund. Any amounts so transferred shall be
6		retransferred by the State Comptroller and the State Treasurer
7		from the Tobacco Settlement Recovery Fund to the General
8		Revenue Fund at the direction of and upon notification from the
9		Governor, but in any event on or before June 30, 2015.
10		(j) (Blank). In addition to any other transfers that may be
11		provided for by law, on July 1, 2014, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $10,000,000 from the
14		General Revenue Fund to the Presidential Library and Museum
15		Operating Fund.
16		(k) In addition to any other transfers that may be provided
17		for by law, on July 1, 2017, or as soon thereafter as
18		practical, the State Comptroller shall direct and the State
19		Treasurer shall transfer the sum of $500,000 from the General
20		Revenue Fund to the Grant Accountability and Transparency Fund.
21		(l) In addition to any other transfers that may be provided
22		for by law, on July 1, 2018, or as soon thereafter as
23		practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $800,000 from the General
25		Revenue Fund to the Grant Accountability and Transparency Fund.
26		(m) In addition to any other transfers that may be provided

HB3342 Enrolled - 20 - LRB100 08528 SMS 18653 b
1		for by law, on July 1, 2018, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $650,000 from the Capital
4		Development Board Contributory Trust Fund to the Facility
5		Management Revolving Fund.
6		(m) In addition to any other transfers that may be provided
7		for by law, on July 1, 2018, or as soon thereafter as
8		practical, the State Comptroller shall direct and the State
9		Treasurer shall transfer the sum of $2,750,000 from the Capital
10		Development Board Contributory Trust Fund to the U.S.
11		Environmental Protection Fund.
12		(Source: P.A. 100-23, eff. 7-6-17.)
13		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
14		Sec. 13.2. Transfers among line item appropriations.
15		(a) Transfers among line item appropriations from the same
16		treasury fund for the objects specified in this Section may be
17		made in the manner provided in this Section when the balance
18		remaining in one or more such line item appropriations is
19		insufficient for the purpose for which the appropriation was
20		made.
21		(a-1) No transfers may be made from one agency to another
22		agency, nor may transfers be made from one institution of
23		higher education to another institution of higher education
24		except as provided by subsection (a-4).
25		(a-2) Except as otherwise provided in this Section,

HB3342 Enrolled - 21 - LRB100 08528 SMS 18653 b
1		transfers may be made only among the objects of expenditure
2		enumerated in this Section, except that no funds may be
3		transferred from any appropriation for personal services, from
4		any appropriation for State contributions to the State
5		Employees' Retirement System, from any separate appropriation
6		for employee retirement contributions paid by the employer, nor
7		from any appropriation for State contribution for employee
8		group insurance. During State fiscal year 2005, an agency may
9		transfer amounts among its appropriations within the same
10		treasury fund for personal services, employee retirement
11		contributions paid by employer, and State Contributions to
12		retirement systems; notwithstanding and in addition to the
13		transfers authorized in subsection (c) of this Section, the
14		fiscal year 2005 transfers authorized in this sentence may be
15		made in an amount not to exceed 2% of the aggregate amount
16		appropriated to an agency within the same treasury fund. During
17		State fiscal year 2007, the Departments of Children and Family
18		Services, Corrections, Human Services, and Juvenile Justice
19		may transfer amounts among their respective appropriations
20		within the same treasury fund for personal services, employee
21		retirement contributions paid by employer, and State
22		contributions to retirement systems. During State fiscal year
23		2010, the Department of Transportation may transfer amounts
24		among their respective appropriations within the same treasury
25		fund for personal services, employee retirement contributions
26		paid by employer, and State contributions to retirement

HB3342 Enrolled - 22 - LRB100 08528 SMS 18653 b
1		systems. During State fiscal years 2010 and 2014 only, an
2		agency may transfer amounts among its respective
3		appropriations within the same treasury fund for personal
4		services, employee retirement contributions paid by employer,
5		and State contributions to retirement systems.
6		Notwithstanding, and in addition to, the transfers authorized
7		in subsection (c) of this Section, these transfers may be made
8		in an amount not to exceed 2% of the aggregate amount
9		appropriated to an agency within the same treasury fund.
10		(a-2.5) During State fiscal year 2015 only, the State's
11		Attorneys Appellate Prosecutor may transfer amounts among its
12		respective appropriations contained in operational line items
13		within the same treasury fund. Notwithstanding, and in addition
14		to, the transfers authorized in subsection (c) of this Section,
15		these transfers may be made in an amount not to exceed 4% of
16		the aggregate amount appropriated to the State's Attorneys
17		Appellate Prosecutor within the same treasury fund.
18		(a-3) Further, if an agency receives a separate
19		appropriation for employee retirement contributions paid by
20		the employer, any transfer by that agency into an appropriation
21		for personal services must be accompanied by a corresponding
22		transfer into the appropriation for employee retirement
23		contributions paid by the employer, in an amount sufficient to
24		meet the employer share of the employee contributions required
25		to be remitted to the retirement system.
26		(a-4) Long-Term Care Rebalancing. The Governor may

HB3342 Enrolled - 23 - LRB100 08528 SMS 18653 b
1		designate amounts set aside for institutional services
2		appropriated from the General Revenue Fund or any other State
3		fund that receives monies for long-term care services to be
4		transferred to all State agencies responsible for the
5		administration of community-based long-term care programs,
6		including, but not limited to, community-based long-term care
7		programs administered by the Department of Healthcare and
8		Family Services, the Department of Human Services, and the
9		Department on Aging, provided that the Director of Healthcare
10		and Family Services first certifies that the amounts being
11		transferred are necessary for the purpose of assisting persons
12		in or at risk of being in institutional care to transition to
13		community-based settings, including the financial data needed
14		to prove the need for the transfer of funds. The total amounts
15		transferred shall not exceed 4% in total of the amounts
16		appropriated from the General Revenue Fund or any other State
17		fund that receives monies for long-term care services for each
18		fiscal year. A notice of the fund transfer must be made to the
19		General Assembly and posted at a minimum on the Department of
20		Healthcare and Family Services website, the Governor's Office
21		of Management and Budget website, and any other website the
22		Governor sees fit. These postings shall serve as notice to the
23		General Assembly of the amounts to be transferred. Notice shall
24		be given at least 30 days prior to transfer.
25		(b) In addition to the general transfer authority provided
26		under subsection (c), the following agencies have the specific

HB3342 Enrolled - 24 - LRB100 08528 SMS 18653 b
1		transfer authority granted in this subsection:
2		The Department of Healthcare and Family Services is
3		authorized to make transfers representing savings attributable
4		to not increasing grants due to the births of additional
5		children from line items for payments of cash grants to line
6		items for payments for employment and social services for the
7		purposes outlined in subsection (f) of Section 4-2 of the
8		Illinois Public Aid Code.
9		The Department of Children and Family Services is
10		authorized to make transfers not exceeding 2% of the aggregate
11		amount appropriated to it within the same treasury fund for the
12		following line items among these same line items: Foster Home
13		and Specialized Foster Care and Prevention, Institutions and
14		Group Homes and Prevention, and Purchase of Adoption and
15		Guardianship Services.
16		The Department on Aging is authorized to make transfers not
17		exceeding 2% of the aggregate amount appropriated to it within
18		the same treasury fund for the following Community Care Program
19		line items among these same line items: purchase of services
20		covered by the Community Care Program and Comprehensive Case
21		Coordination.
22		The State Treasurer is authorized to make transfers among
23		line item appropriations from the Capital Litigation Trust
24		Fund, with respect to costs incurred in fiscal years 2002 and
25		2003 only, when the balance remaining in one or more such line
26		item appropriations is insufficient for the purpose for which

HB3342 Enrolled - 25 - LRB100 08528 SMS 18653 b
1		the appropriation was made, provided that no such transfer may
2		be made unless the amount transferred is no longer required for
3		the purpose for which that appropriation was made.
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 longer
9		required for the purpose for which that appropriation was made,
10		to the line item appropriation for Transitional Assistance when
11		the balance remaining in such line item appropriation is
12		insufficient for the purpose for which the appropriation was
13		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), and
24		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

HB3342 Enrolled - 26 - LRB100 08528 SMS 18653 b
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 for
4		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, among
8		the various line items appropriated for Medical Assistance.
9		(c) The sum of such transfers for an agency in a fiscal
10		year shall not exceed 2% of the aggregate amount appropriated
11		to it within the same treasury fund for the following objects:
12		Personal Services; Extra Help; Student and Inmate
13		Compensation; State Contributions to Retirement Systems; State
14		Contributions to Social Security; State Contribution for
15		Employee Group Insurance; Contractual Services; Travel;
16		Commodities; Printing; Equipment; Electronic Data Processing;
17		Operation of Automotive Equipment; Telecommunications
18		Services; Travel and Allowance for Committed, Paroled and
19		Discharged Prisoners; Library Books; Federal Matching Grants
20		for Student Loans; Refunds; Workers' Compensation,
21		Occupational Disease, and Tort Claims; and, in appropriations
22		to institutions of higher education, Awards and Grants.
23		Notwithstanding the above, any amounts appropriated for
24		payment of workers' compensation claims to an agency to which
25		the authority to evaluate, administer and pay such claims has
26		been delegated by the Department of Central Management Services

HB3342 Enrolled - 27 - LRB100 08528 SMS 18653 b
1		may be transferred to any other expenditure object where such
2		amounts exceed the amount necessary for the payment of such
3		claims.
4		(c-1) Special provisions for State fiscal year 2003.
5		Notwithstanding any other provision of this Section to the
6		contrary, for State fiscal year 2003 only, transfers among line
7		item appropriations to an agency from the same treasury fund
8		may be made provided that the sum of such transfers for an
9		agency in State fiscal year 2003 shall not exceed 3% of the
10		aggregate amount appropriated to that State agency for State
11		fiscal year 2003 for the following objects: personal services,
12		except that no transfer may be approved which reduces the
13		aggregate appropriations for personal services within an
14		agency; extra help; student and inmate compensation; State
15		contributions to retirement systems; State contributions to
16		social security; State contributions for employee group
17		insurance; contractual services; travel; commodities;
18		printing; equipment; electronic data processing; operation of
19		automotive equipment; telecommunications services; travel and
20		allowance for committed, paroled, and discharged prisoners;
21		library books; federal matching grants for student loans;
22		refunds; workers' compensation, occupational disease, and tort
23		claims; and, in appropriations to institutions of higher
24		education, awards and grants.
25		(c-2) Special provisions for State fiscal year 2005.
26		Notwithstanding subsections (a), (a-2), and (c), for State

HB3342 Enrolled - 28 - LRB100 08528 SMS 18653 b
1		fiscal year 2005 only, transfers may be made among any line
2		item appropriations from the same or any other treasury fund
3		for any objects or purposes, without limitation, when the
4		balance remaining in one or more such line item appropriations
5		is insufficient for the purpose for which the appropriation was
6		made, provided that the sum of those transfers by a State
7		agency shall not exceed 4% of the aggregate amount appropriated
8		to that State agency for fiscal year 2005.
9		(c-3) Special provisions for State fiscal year 2015.
10		Notwithstanding any other provision of this Section, for State
11		fiscal year 2015, transfers among line item appropriations to a
12		State agency from the same State treasury fund may be made for
13		operational or lump sum expenses only, provided that the sum of
14		such transfers for a State agency in State fiscal year 2015
15		shall not exceed 4% of the aggregate amount appropriated to
16		that State agency for operational or lump sum expenses for
17		State fiscal year 2015. For the purpose of this subsection,
18		"operational or lump sum expenses" includes the following
19		objects: personal services; extra help; student and inmate
20		compensation; State contributions to retirement systems; State
21		contributions to social security; State contributions for
22		employee group insurance; contractual services; travel;
23		commodities; printing; equipment; electronic data processing;
24		operation of automotive equipment; telecommunications
25		services; travel and allowance for committed, paroled, and
26		discharged prisoners; library books; federal matching grants

HB3342 Enrolled - 29 - LRB100 08528 SMS 18653 b
1		for student loans; refunds; workers' compensation,
2		occupational disease, and tort claims; lump sum and other
3		purposes; and lump sum operations. For the purpose of this
4		subsection (c-3), "State agency" does not include the Attorney
5		General, the Secretary of State, the Comptroller, the
6		Treasurer, or the legislative or judicial branches.
7		(c-4) Special provisions for State fiscal year 2018.
8		Notwithstanding any other provision of this Section, for State
9		fiscal year 2018, transfers among line item appropriations to a
10		State agency from the same State treasury fund may be made for
11		operational or lump sum expenses only, provided that the sum of
12		such transfers for a State agency in State fiscal year 2018
13		shall not exceed 4% of the aggregate amount appropriated to
14		that State agency for operational or lump sum expenses for
15		State fiscal year 2018. For the purpose of this subsection
16		(c-4), "operational or lump sum expenses" includes the
17		following objects: personal services; extra help; student and
18		inmate compensation; State contributions to retirement
19		systems; State contributions to social security; State
20		contributions for employee group insurance; contractual
21		services; travel; commodities; printing; equipment; electronic
22		data processing; operation of automotive equipment;
23		telecommunications services; travel and allowance for
24		committed, paroled, and discharged prisoners; library books;
25		federal matching grants for student loans; refunds; workers'
26		compensation, occupational disease, and tort claims; lump sum

HB3342 Enrolled - 30 - LRB100 08528 SMS 18653 b
1		and other purposes; and lump sum operations. For the purpose of
2		this subsection (c-4), "State agency" does not include the
3		Attorney General, the Secretary of State, the Comptroller, the
4		Treasurer, or the legislative or judicial branches.
5		(c-5) Special provisions for State fiscal year 2019.
6		Notwithstanding any other provision of this Section, for State
7		fiscal year 2019, transfers among line item appropriations to a
8		State agency from the same State treasury fund may be made for
9		operational or lump sum expenses only, provided that the sum of
10		such transfers for a State agency in State fiscal year 2019
11		shall not exceed 4% of the aggregate amount appropriated to
12		that State agency for operational or lump sum expenses for
13		State fiscal year 2019. For the purpose of this subsection
14		(c-5), "operational or lump sum expenses" includes the
15		following objects: personal services; extra help; student and
16		inmate compensation; State contributions to retirement
17		systems; State contributions to social security; State
18		contributions for employee group insurance; contractual
19		services; travel; commodities; printing; equipment; electronic
20		data processing; operation of automotive equipment;
21		telecommunications services; travel and allowance for
22		committed, paroled, and discharged prisoners; library books;
23		federal matching grants for student loans; refunds; workers'
24		compensation, occupational disease, and tort claims; lump sum
25		and other purposes; and lump sum operations. For the purpose of
26		this subsection (c-5), "State agency" does not include the

HB3342 Enrolled - 31 - LRB100 08528 SMS 18653 b
1		Attorney General, the Secretary of State, the Comptroller, the
2		Treasurer, or the legislative or judicial branches.
3		(d) Transfers among appropriations made to agencies of the
4		Legislative and Judicial departments and to the
5		constitutionally elected officers in the Executive branch
6		require the approval of the officer authorized in Section 10 of
7		this Act to approve and certify vouchers. Transfers among
8		appropriations made to the University of Illinois, Southern
9		Illinois University, Chicago State University, Eastern
10		Illinois University, Governors State University, Illinois
11		State University, Northeastern Illinois University, Northern
12		Illinois University, Western Illinois University, the Illinois
13		Mathematics and Science Academy and the Board of Higher
14		Education require the approval of the Board of Higher Education
15		and the Governor. Transfers among appropriations to all other
16		agencies require the approval of the Governor.
17		The officer responsible for approval shall certify that the
18		transfer is necessary to carry out the programs and purposes
19		for which the appropriations were made by the General Assembly
20		and shall transmit to the State Comptroller a certified copy of
21		the approval which shall set forth the specific amounts
22		transferred so that the Comptroller may change his records
23		accordingly. The Comptroller shall furnish the Governor with
24		information copies of all transfers approved for agencies of
25		the Legislative and Judicial departments and transfers
26		approved by the constitutionally elected officials of the

HB3342 Enrolled - 32 - LRB100 08528 SMS 18653 b
1		Executive branch other than the Governor, showing the amounts
2		transferred and indicating the dates such changes were entered
3		on the Comptroller's records.
4		(e) The State Board of Education, in consultation with the
5		State Comptroller, may transfer line item appropriations for
6		General State Aid or Evidence-Based Funding between the Common
7		School Fund and the Education Assistance Fund. With the advice
8		and consent of the Governor's Office of Management and Budget,
9		the State Board of Education, in consultation with the State
10		Comptroller, may transfer line item appropriations between the
11		General Revenue Fund and the Education Assistance Fund for the
12		following programs:
13		(1) Disabled Student Personnel Reimbursement (Section
14		14-13.01 of the School Code);
15		(2) Disabled Student Transportation Reimbursement
16		(subsection (b) of Section 14-13.01 of the School Code);
17		(3) Disabled Student Tuition - Private Tuition
18		(Section 14-7.02 of the School Code);
19		(4) Extraordinary Special Education (Section 14-7.02b
20		of the School Code);
21		(5) Reimbursement for Free Lunch/Breakfast Programs;
22		(6) Summer School Payments (Section 18-4.3 of the
23		School Code);
24		(7) Transportation - Regular/Vocational Reimbursement
25		(Section 29-5 of the School Code);
26		(8) Regular Education Reimbursement (Section 18-3 of

HB3342 Enrolled - 33 - LRB100 08528 SMS 18653 b
1		the School Code); and
2		(9) Special Education Reimbursement (Section 14-7.03
3		of the School Code).
4		(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
5		eff. 8-31-17; revised 10-4-17.)
6		Section 5-25. The State Revenue Sharing Act is amended by
7		changing Section 12 and by adding Section 11.2 as follows:
8		(30 ILCS 115/11.2 new)
9		Sec. 11.2. Funding of certain school districts; fiscal year
10		2019.
11		(a) On July 1, 2018, or as soon as practical thereafter,
12		the State Board of Education shall identify to the Department
13		of Revenue school districts having Personal Property Tax
14		Replacement Fund receipts totaling 13% or more of their total
15		revenues in fiscal year 2017.
16		(b) In fiscal year 2019, any school district identified
17		under subsection (a) shall receive, in addition to its annual
18		distributions from the Personal Property Tax Replacement Fund,
19		16% of the total amount distributed to the school district from
20		the Personal Property Tax Replacement Fund during fiscal year
21		2017, provided that the total amount of additional
22		distributions under this Section shall not exceed $4,300,000.
23		If the total additional distributions exceed $4,300,000,
24		such distributions shall be calculated on a pro rata basis,

HB3342 Enrolled - 34 - LRB100 08528 SMS 18653 b
1		based on the percentage of each district's total fiscal year
2		2017 revenues to the total fiscal year 2017 revenues of all
3		districts qualifying for an additional distribution under this
4		Section.
5		(30 ILCS 115/12) (from Ch. 85, par. 616)
6		Sec. 12. Personal Property Tax Replacement Fund. There is
7		hereby created the Personal Property Tax Replacement Fund, a
8		special fund in the State Treasury into which shall be paid all
9		revenue realized:
10		(a) all amounts realized from the additional personal
11		property tax replacement income tax imposed by subsections (c)
12		and (d) of Section 201 of the Illinois Income Tax Act, except
13		for those amounts deposited into the Income Tax Refund Fund
14		pursuant to subsection (c) of Section 901 of the Illinois
15		Income Tax Act; and
16		(b) all amounts realized from the additional personal
17		property replacement invested capital taxes imposed by Section
18		2a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
19		Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
20		Section 3 of the Water Company Invested Capital Tax Act, and
21		amounts payable to the Department of Revenue under the
22		Telecommunications Infrastructure Maintenance Fee Act.
23		As soon as may be after the end of each month, the
24		Department of Revenue shall certify to the Treasurer and the
25		Comptroller the amount of all refunds paid out of the General

HB3342 Enrolled - 35 - LRB100 08528 SMS 18653 b
1		Revenue Fund through the preceding month on account of
2		overpayment of liability on taxes paid into the Personal
3		Property Tax Replacement Fund. Upon receipt of such
4		certification, the Treasurer and the Comptroller shall
5		transfer the amount so certified from the Personal Property Tax
6		Replacement Fund into the General Revenue Fund.
7		The payments of revenue into the Personal Property Tax
8		Replacement Fund shall be used exclusively for distribution to
9		taxing districts, regional offices and officials, and local
10		officials as provided in this Section and in the School Code,
11		payment of the ordinary and contingent expenses of the Property
12		Tax Appeal Board, payment of the expenses of the Department of
13		Revenue incurred in administering the collection and
14		distribution of monies paid into the Personal Property Tax
15		Replacement Fund and transfers due to refunds to taxpayers for
16		overpayment of liability for taxes paid into the Personal
17		Property Tax Replacement Fund.
18		In addition, moneys in the Personal Property Tax
19		Replacement Fund may be used to pay any of the following: (i)
20		salary, stipends, and additional compensation as provided by
21		law for chief election clerks, county clerks, and county
22		recorders; (ii) costs associated with regional offices of
23		education and educational service centers; (iii)
24		reimbursements payable by the State Board of Elections under
25		Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
26		Election Code; (iv) expenses of the Illinois Educational Labor

HB3342 Enrolled - 36 - LRB100 08528 SMS 18653 b
1		Relations Board; and (v) salary, personal services, and
2		additional compensation as provided by law for court reporters
3		under the Court Reporters Act.
4		As soon as may be after the effective date of this
5		amendatory Act of 1980, the Department of Revenue shall certify
6		to the Treasurer the amount of net replacement revenue paid
7		into the General Revenue Fund prior to that effective date from
8		the additional tax imposed by Section 2a.1 of the Messages Tax
9		Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
10		the Public Utilities Revenue Act; Section 3 of the Water
11		Company Invested Capital Tax Act; amounts collected by the
12		Department of Revenue under the Telecommunications
13		Infrastructure Maintenance Fee Act; and the additional
14		personal property tax replacement income tax imposed by the
15		Illinois Income Tax Act, as amended by Public Act 81-1st
16		Special Session-1. Net replacement revenue shall be defined as
17		the total amount paid into and remaining in the General Revenue
18		Fund as a result of those Acts minus the amount outstanding and
19		obligated from the General Revenue Fund in state vouchers or
20		warrants prior to the effective date of this amendatory Act of
21		1980 as refunds to taxpayers for overpayment of liability under
22		those Acts.
23		All interest earned by monies accumulated in the Personal
24		Property Tax Replacement Fund shall be deposited in such Fund.
25		All amounts allocated pursuant to this Section are appropriated
26		on a continuing basis.

HB3342 Enrolled - 37 - LRB100 08528 SMS 18653 b
1		Prior to December 31, 1980, as soon as may be after the end
2		of each quarter beginning with the quarter ending December 31,
3		1979, and on and after December 31, 1980, as soon as may be
4		after January 1, March 1, April 1, May 1, July 1, August 1,
5		October 1 and December 1 of each year, the Department of
6		Revenue shall allocate to each taxing district as defined in
7		Section 1-150 of the Property Tax Code, in accordance with the
8		provisions of paragraph (2) of this Section the portion of the
9		funds held in the Personal Property Tax Replacement Fund which
10		is required to be distributed, as provided in paragraph (1),
11		for each quarter. Provided, however, under no circumstances
12		shall any taxing district during each of the first two years of
13		distribution of the taxes imposed by this amendatory Act of
14		1979 be entitled to an annual allocation which is less than the
15		funds such taxing district collected from the 1978 personal
16		property tax. Provided further that under no circumstances
17		shall any taxing district during the third year of distribution
18		of the taxes imposed by this amendatory Act of 1979 receive
19		less than 60% of the funds such taxing district collected from
20		the 1978 personal property tax. In the event that the total of
21		the allocations made as above provided for all taxing
22		districts, during either of such 3 years, exceeds the amount
23		available for distribution the allocation of each taxing
24		district shall be proportionately reduced. Except as provided
25		in Section 13 of this Act, the Department shall then certify,
26		pursuant to appropriation, such allocations to the State

HB3342 Enrolled - 38 - LRB100 08528 SMS 18653 b
1		Comptroller who shall pay over to the several taxing districts
2		the respective amounts allocated to them.
3		Any township which receives an allocation based in whole or
4		in part upon personal property taxes which it levied pursuant
5		to Section 6-507 or 6-512 of the Illinois Highway Code and
6		which was previously required to be paid over to a municipality
7		shall immediately pay over to that municipality a proportionate
8		share of the personal property replacement funds which such
9		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 taxes
13		which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
14		Illinois Local Library Act and which was previously required to
15		be paid over to a public library shall immediately pay over to
16		that library a proportionate share of the personal property tax
17		replacement funds which such municipality or township
18		receives; provided that if such a public library has converted
19		to a library organized under The Illinois Public Library
20		District Act, regardless of whether such conversion has
21		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 property
26		tax replacement funds, shall receive such funds commencing on

HB3342 Enrolled - 39 - LRB100 08528 SMS 18653 b
1		January 1, 1988.
2		Any township which receives an allocation based in whole or
3		in part on personal property taxes which it levied pursuant to
4		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 for
7		such public cemetery or cemeteries a proportionate share of the
8		personal property tax replacement funds which the township
9		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 County
13		in 1976 or for another governmental body or school district in
14		the remainder of the State in 1977 shall immediately pay over
15		to that governmental body or school district the amount of
16		personal property replacement funds which such governmental
17		body or school district would receive directly under the
18		provisions of paragraph (2) of this Section, had it levied its
19		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

HB3342 Enrolled - 40 - LRB100 08528 SMS 18653 b
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 (i)
13		stipends, additional compensation, salary reimbursements,
14		and other amounts directed to be paid out of this Fund for
15		local officials as authorized or required by statute and
16		(ii) no more than 105% of the actual administrative
17		expenses of the prior fiscal year, including payment of the
18		ordinary and contingent expenses of the Property Tax Appeal
19		Board and payment of the expenses of the Department of
20		Revenue incurred in administering the collection and
21		distribution of moneys paid into the Fund; (f) for fiscal
22		years 2012 and 2013 only, a sufficient amount to pay
23		stipends, additional compensation, salary reimbursements,
24		and other amounts directed to be paid out of this Fund for
25		regional offices and officials as authorized or required by
26		statute; or (g) for fiscal years year 2018 and 2019 only, a

HB3342 Enrolled - 41 - LRB100 08528 SMS 18653 b
1		sufficient amount to pay amounts directed to be paid out of
2		this Fund for public community college base operating
3		grants and local health protection grants to certified
4		local health departments as authorized or required by
5		appropriation or statute. Such portion of the fund shall be
6		determined after the transfer into the General Revenue Fund
7		due to refunds, if any, paid from the General Revenue Fund
8		during the preceding quarter. If at any time, for any
9		reason, there is insufficient amount in the Personal
10		Property Tax Replacement Fund for payments for regional
11		offices and officials or local officials or payment of
12		costs of administration or for transfers due to refunds at
13		the end of any particular month, the amount of such
14		insufficiency shall be carried over for the purposes of
15		payments for regional offices and officials, local
16		officials, transfers into the General Revenue Fund, and
17		costs of administration to the following month or months.
18		Net replacement revenue held, and defined above, shall be
19		transferred by the Treasurer and Comptroller to the
20		Personal Property Tax Replacement Fund within 10 days of
21		such certification.
22		(2) Each quarterly allocation shall first be
23		apportioned in the following manner: 51.65% for taxing
24		districts in Cook County and 48.35% for taxing districts in
25		the remainder of the State.
26		The Personal Property Replacement Ratio of each taxing

HB3342 Enrolled - 42 - LRB100 08528 SMS 18653 b
1		district outside Cook County shall be the ratio which the Tax
2		Base of that taxing district bears to the Downstate Tax Base.
3		The Tax Base of each taxing district outside of Cook County is
4		the personal property tax collections for that taxing district
5		for the 1977 tax year. The Downstate Tax Base is the personal
6		property tax collections for all taxing districts in the State
7		outside of Cook County for the 1977 tax year. The Department of
8		Revenue shall have authority to review for accuracy and
9		completeness the personal property tax collections for each
10		taxing district outside Cook County for the 1977 tax year.
11		The Personal Property Replacement Ratio of each Cook County
12		taxing district shall be the ratio which the Tax Base of that
13		taxing district bears to the Cook County Tax Base. The Tax Base
14		of each Cook County taxing district is the personal property
15		tax collections for that taxing district for the 1976 tax year.
16		The Cook County Tax Base is the personal property tax
17		collections for all taxing districts in Cook County for the
18		1976 tax year. The Department of Revenue shall have authority
19		to review for accuracy and completeness the personal property
20		tax collections for each taxing district within Cook County for
21		the 1976 tax year.
22		For all purposes of this Section 12, amounts paid to a
23		taxing district for such tax years as may be applicable by a
24		foreign corporation under the provisions of Section 7-202 of
25		the Public Utilities Act, as amended, shall be deemed to be
26		personal property taxes collected by such taxing district for

HB3342 Enrolled - 43 - LRB100 08528 SMS 18653 b
1		such tax years as may be applicable. The Director shall
2		determine from the Illinois Commerce Commission, for any tax
3		year as may be applicable, the amounts so paid by any such
4		foreign corporation to any and all taxing districts. The
5		Illinois Commerce Commission shall furnish such information to
6		the Director. For all purposes of this Section 12, the Director
7		shall deem such amounts to be collected personal property taxes
8		of each such taxing district for the applicable tax year or
9		years.
10		Taxing districts located both in Cook County and in one or
11		more other counties shall receive both a Cook County allocation
12		and a Downstate allocation determined in the same way as all
13		other taxing districts.
14		If any taxing district in existence on July 1, 1979 ceases
15		to exist, or discontinues its operations, its Tax Base shall
16		thereafter be deemed to be zero. If the powers, duties and
17		obligations of the discontinued taxing district are assumed by
18		another taxing district, the Tax Base of the discontinued
19		taxing district shall be added to the Tax Base of the taxing
20		district assuming such powers, duties and obligations.
21		If two or more taxing districts in existence on July 1,
22		1979, or a successor or successors thereto shall consolidate
23		into one taxing district, the Tax Base of such consolidated
24		taxing district shall be the sum of the Tax Bases of each of
25		the taxing districts which have consolidated.
26		If a single taxing district in existence on July 1, 1979,

HB3342 Enrolled - 44 - LRB100 08528 SMS 18653 b
1		or a successor or successors thereto shall be divided into two
2		or more separate taxing districts, the tax base of the taxing
3		district so divided shall be allocated to each of the resulting
4		taxing districts in proportion to the then current equalized
5		assessed value of each resulting taxing district.
6		If a portion of the territory of a taxing district is
7		disconnected and annexed to another taxing district of the same
8		type, the Tax Base of the taxing district from which
9		disconnection was made shall be reduced in proportion to the
10		then current equalized assessed value of the disconnected
11		territory as compared with the then current equalized assessed
12		value within the entire territory of the taxing district prior
13		to disconnection, and the amount of such reduction shall be
14		added to the Tax Base of the taxing district to which
15		annexation is made.
16		If a community college district is created after July 1,
17		1979, beginning on the effective date of this amendatory Act of
18		1995, its Tax Base shall be 3.5% of the sum of the personal
19		property tax collected for the 1977 tax year within the
20		territorial jurisdiction of the district.
21		The amounts allocated and paid to taxing districts pursuant
22		to the provisions of this amendatory Act of 1979 shall be
23		deemed to be substitute revenues for the revenues derived from
24		taxes imposed on personal property pursuant to the provisions
25		of the "Revenue Act of 1939" or "An Act for the assessment and
26		taxation of private car line companies", approved July 22,

HB3342 Enrolled - 45 - LRB100 08528 SMS 18653 b
1		1943, as amended, or Section 414 of the Illinois Insurance
2		Code, prior to the abolition of such taxes and shall be used
3		for the same purposes as the revenues derived from ad valorem
4		taxes on real estate.
5		Monies received by any taxing districts from the Personal
6		Property Tax Replacement Fund shall be first applied toward
7		payment of the proportionate amount of debt service which was
8		previously levied and collected from extensions against
9		personal property on bonds outstanding as of December 31, 1978
10		and next applied toward payment of the proportionate share of
11		the pension or retirement obligations of the taxing district
12		which were previously levied and collected from extensions
13		against personal property. For each such outstanding bond
14		issue, the County Clerk shall determine the percentage of the
15		debt service which was collected from extensions against real
16		estate in the taxing district for 1978 taxes payable in 1979,
17		as related to the total amount of such levies and collections
18		from extensions against both real and personal property. For
19		1979 and subsequent years' taxes, the County Clerk shall levy
20		and extend taxes against the real estate of each taxing
21		district which will yield the said percentage or percentages of
22		the debt service on such outstanding bonds. The balance of the
23		amount necessary to fully pay such debt service shall
24		constitute a first and prior lien upon the monies received by
25		each such taxing district through the Personal Property Tax
26		Replacement Fund and shall be first applied or set aside for

HB3342 Enrolled - 46 - LRB100 08528 SMS 18653 b
1		such purpose. In counties having fewer than 3,000,000
2		inhabitants, the amendments to this paragraph as made by this
3		amendatory Act of 1980 shall be first applicable to 1980 taxes
4		to be collected in 1981.
5		(Source: P.A. 100-23, eff. 7-6-17.)
6		Section 5-30. The Downstate Public Transportation Act is
7		amended by changing Section 2-3 as follows:
8		(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
9		(Text of Section before amendment by P.A. 100-363)
10		Sec. 2-3. (a) As soon as possible after the first day of
11		each month, beginning July 1, 1984, upon certification of the
12		Department of Revenue, the Comptroller shall order
13		transferred, and the Treasurer shall transfer, from the General
14		Revenue Fund to a special fund in the State Treasury which is
15		hereby created, to be known as the "Downstate Public
16		Transportation Fund", an amount equal to 2/32 (beginning July
17		1, 2005, 3/32) of the net revenue realized from the "Retailers'
18		Occupation Tax Act", as now or hereafter amended, the "Service
19		Occupation Tax Act", as now or hereafter amended, the "Use Tax
20		Act", as now or hereafter amended, and the "Service Use Tax
21		Act", as now or hereafter amended, from persons incurring
22		municipal or county retailers' or service occupation tax
23		liability for the benefit of any municipality or county located
24		wholly within the boundaries of each participant, other than

HB3342 Enrolled - 47 - LRB100 08528 SMS 18653 b
1		any Metro-East Transit District participant certified pursuant
2		to subsection (c) of this Section during the preceding month,
3		except that the Department shall pay into the Downstate Public
4		Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
5		of the net revenue realized under the State tax Acts named
6		above within any municipality or county located wholly within
7		the boundaries of each participant, other than any Metro-East
8		participant, for tax periods beginning on or after January 1,
9		1990. Net revenue realized for a month shall be the revenue
10		collected by the State pursuant to such Acts during the
11		previous month from persons incurring municipal or county
12		retailers' or service occupation tax liability for the benefit
13		of any municipality or county located wholly within the
14		boundaries of a participant, less the amount paid out during
15		that same month as refunds or credit memoranda to taxpayers for
16		overpayment of liability under such Acts for the benefit of any
17		municipality or county located wholly within the boundaries of
18		a participant.
19		Notwithstanding any provision of law to the contrary,
20		beginning on July 6, 2017 (the effective date of Public Act
21		100-23) this amendatory Act of the 100th General Assembly,
22		those amounts required under this subsection (a) to be
23		transferred by the Treasurer into the Downstate Public
24		Transportation Fund from the General Revenue Fund shall be
25		directly deposited into the Downstate Public Transportation
26		Fund as the revenues are realized from the taxes indicated.

HB3342 Enrolled - 48 - LRB100 08528 SMS 18653 b
1		(b) As soon as possible after the first day of each month,
2		beginning July 1, 1989, upon certification of the Department of
3		Revenue, the Comptroller shall order transferred, and the
4		Treasurer shall transfer, from the General Revenue Fund to a
5		special fund in the State Treasury which is hereby created, to
6		be known as the "Metro-East Public Transportation Fund", an
7		amount equal to 2/32 of the net revenue realized, as above,
8		from within the boundaries of Madison, Monroe, and St. Clair
9		Counties, except that the Department shall pay into the
10		Metro-East Public Transportation Fund 2/32 of 80% of the net
11		revenue realized under the State tax Acts specified in
12		subsection (a) of this Section within the boundaries of
13		Madison, Monroe and St. Clair Counties for tax periods
14		beginning on or after January 1, 1990. A local match equivalent
15		to an amount which could be raised by a tax levy at the rate of
16		.05% on the assessed value of property within the boundaries of
17		Madison County is required annually to cause a total of 2/32 of
18		the net revenue to be deposited in the Metro-East Public
19		Transportation Fund. Failure to raise the required local match
20		annually shall result in only 1/32 being deposited into the
21		Metro-East Public Transportation Fund after July 1, 1989, or
22		1/32 of 80% of the net revenue realized for tax periods
23		beginning on or after January 1, 1990.
24		(b-5) As soon as possible after the first day of each
25		month, beginning July 1, 2005, upon certification of the
26		Department of Revenue, the Comptroller shall order

HB3342 Enrolled - 49 - LRB100 08528 SMS 18653 b
1		transferred, and the Treasurer shall transfer, from the General
2		Revenue Fund to the Downstate Public Transportation Fund, an
3		amount equal to 3/32 of 80% of the net revenue realized from
4		within the boundaries of Monroe and St. Clair Counties under
5		the State Tax Acts specified in subsection (a) of this Section
6		and provided further that, beginning July 1, 2005, the
7		provisions of subsection (b) shall no longer apply with respect
8		to such tax receipts from Monroe and St. Clair Counties.
9		Notwithstanding any provision of law to the contrary,
10		beginning on July 6, 2017 (the effective date of Public Act
11		100-23) this amendatory Act of the 100th General Assembly,
12		those amounts required under this subsection (b-5) to be
13		transferred by the Treasurer into the Downstate Public
14		Transportation Fund from the General Revenue Fund shall be
15		directly deposited into the Downstate Public Transportation
16		Fund as the revenues are realized from the taxes indicated.
17		(b-6) As soon as possible after the first day of each
18		month, beginning July 1, 2008, upon certification by the
19		Department of Revenue, the Comptroller shall order transferred
20		and the Treasurer shall transfer, from the General Revenue Fund
21		to the Downstate Public Transportation Fund, an amount equal to
22		3/32 of 80% of the net revenue realized from within the
23		boundaries of Madison County under the State Tax Acts specified
24		in subsection (a) of this Section and provided further that,
25		beginning July 1, 2008, the provisions of subsection (b) shall
26		no longer apply with respect to such tax receipts from Madison

HB3342 Enrolled - 50 - LRB100 08528 SMS 18653 b
1		County.
2		Notwithstanding any provision of law to the contrary,
3		beginning on July 6, 2017 (the effective date of Public Act
4		100-23) this amendatory Act of the 100th General Assembly,
5		those amounts required under this subsection (b-6) to be
6		transferred by the Treasurer into the Downstate Public
7		Transportation Fund from the General Revenue Fund shall be
8		directly deposited into the Downstate Public Transportation
9		Fund as the revenues are realized from the taxes indicated.
10		(c) The Department shall certify to the Department of
11		Revenue the eligible participants under this Article and the
12		territorial boundaries of such participants for the purposes of
13		the Department of Revenue in subsections (a) and (b) of this
14		Section.
15		(d) For the purposes of this Article, beginning in fiscal
16		year 2009 the General Assembly shall appropriate an amount from
17		the Downstate Public Transportation Fund equal to the sum total
18		funds projected to be paid to the participants pursuant to
19		Section 2-7. If the General Assembly fails to make
20		appropriations sufficient to cover the amounts projected to be
21		paid pursuant to Section 2-7, this Act shall constitute an
22		irrevocable and continuing appropriation from the Downstate
23		Public Transportation Fund of all amounts necessary for those
24		purposes.
25		(e) Notwithstanding anything in this Section to the
26		contrary, amounts transferred from the General Revenue Fund to

HB3342 Enrolled - 51 - LRB100 08528 SMS 18653 b
1		the Downstate Public Transportation Fund pursuant to this
2		Section shall not exceed $169,000,000 in State fiscal year
3		2012.
4		(f) For State fiscal year 2018 only, notwithstanding any
5		provision of law to the contrary, the total amount of revenue
6		and deposits under this Section attributable to revenues
7		realized during State fiscal year 2018 shall be reduced by 10%.
8		(g) For State fiscal year 2019 only, notwithstanding any
9		provision of law to the contrary, the total amount of revenue
10		and deposits under this Section attributable to revenues
11		realized during State fiscal year 2019 shall be reduced by 5%.
12		(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.)
13		(Text of Section after amendment by P.A. 100-363)
14		Sec. 2-3. (a) As soon as possible after the first day of
15		each month, beginning July 1, 1984, upon certification of the
16		Department of Revenue, the Comptroller shall order
17		transferred, and the Treasurer shall transfer, from the General
18		Revenue Fund to a special fund in the State Treasury which is
19		hereby created, to be known as the "Downstate Public
20		Transportation Fund", an amount equal to 2/32 (beginning July
21		1, 2005, 3/32) of the net revenue realized from the "Retailers'
22		Occupation Tax Act", as now or hereafter amended, the "Service
23		Occupation Tax Act", as now or hereafter amended, the "Use Tax
24		Act", as now or hereafter amended, and the "Service Use Tax
25		Act", as now or hereafter amended, from persons incurring

HB3342 Enrolled - 52 - LRB100 08528 SMS 18653 b
1		municipal or county retailers' or service occupation tax
2		liability for the benefit of any municipality or county located
3		wholly within the boundaries of each participant, other than
4		any Metro-East Transit District participant certified pursuant
5		to subsection (c) of this Section during the preceding month,
6		except that the Department shall pay into the Downstate Public
7		Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
8		of the net revenue realized under the State tax Acts named
9		above within any municipality or county located wholly within
10		the boundaries of each participant, other than any Metro-East
11		participant, for tax periods beginning on or after January 1,
12		1990. Net revenue realized for a month shall be the revenue
13		collected by the State pursuant to such Acts during the
14		previous month from persons incurring municipal or county
15		retailers' or service occupation tax liability for the benefit
16		of any municipality or county located wholly within the
17		boundaries of a participant, less the amount paid out during
18		that same month as refunds or credit memoranda to taxpayers for
19		overpayment of liability under such Acts for the benefit of any
20		municipality or county located wholly within the boundaries of
21		a participant.
22		Notwithstanding any provision of law to the contrary,
23		beginning on July 6, 2017 (the effective date of Public Act
24		100-23) this amendatory Act of the 100th General Assembly,
25		those amounts required under this subsection (a) to be
26		transferred by the Treasurer into the Downstate Public

HB3342 Enrolled - 53 - LRB100 08528 SMS 18653 b
1		Transportation Fund from the General Revenue Fund shall be
2		directly deposited into the Downstate Public Transportation
3		Fund as the revenues are realized from the taxes indicated.
4		(b) As soon as possible after the first day of each month,
5		beginning July 1, 1989, upon certification of the Department of
6		Revenue, the Comptroller shall order transferred, and the
7		Treasurer shall transfer, from the General Revenue Fund to a
8		special fund in the State Treasury which is hereby created, to
9		be known as the "Metro-East Public Transportation Fund", an
10		amount equal to 2/32 of the net revenue realized, as above,
11		from within the boundaries of Madison, Monroe, and St. Clair
12		Counties, except that the Department shall pay into the
13		Metro-East Public Transportation Fund 2/32 of 80% of the net
14		revenue realized under the State tax Acts specified in
15		subsection (a) of this Section within the boundaries of
16		Madison, Monroe and St. Clair Counties for tax periods
17		beginning on or after January 1, 1990. A local match equivalent
18		to an amount which could be raised by a tax levy at the rate of
19		.05% on the assessed value of property within the boundaries of
20		Madison County is required annually to cause a total of 2/32 of
21		the net revenue to be deposited in the Metro-East Public
22		Transportation Fund. Failure to raise the required local match
23		annually shall result in only 1/32 being deposited into the
24		Metro-East Public Transportation Fund after July 1, 1989, or
25		1/32 of 80% of the net revenue realized for tax periods
26		beginning on or after January 1, 1990.

HB3342 Enrolled - 54 - LRB100 08528 SMS 18653 b
1		(b-5) As soon as possible after the first day of each
2		month, beginning July 1, 2005, upon certification of the
3		Department of Revenue, the Comptroller shall order
4		transferred, and the Treasurer shall transfer, from the General
5		Revenue Fund to the Downstate Public Transportation Fund, an
6		amount equal to 3/32 of 80% of the net revenue realized from
7		within the boundaries of Monroe and St. Clair Counties under
8		the State Tax Acts specified in subsection (a) of this Section
9		and provided further that, beginning July 1, 2005, the
10		provisions of subsection (b) shall no longer apply with respect
11		to such tax receipts from Monroe and St. Clair Counties.
12		Notwithstanding any provision of law to the contrary,
13		beginning on July 6, 2017 (the effective date of Public Act
14		100-23) this amendatory Act of the 100th General Assembly,
15		those amounts required under this subsection (b-5) to be
16		transferred by the Treasurer into the Downstate Public
17		Transportation Fund from the General Revenue Fund shall be
18		directly deposited into the Downstate Public Transportation
19		Fund as the revenues are realized from the taxes indicated.
20		(b-6) As soon as possible after the first day of each
21		month, beginning July 1, 2008, upon certification by the
22		Department of Revenue, the Comptroller shall order transferred
23		and the Treasurer shall transfer, from the General Revenue Fund
24		to the Downstate Public Transportation Fund, an amount equal to
25		3/32 of 80% of the net revenue realized from within the
26		boundaries of Madison County under the State Tax Acts specified

HB3342 Enrolled - 55 - LRB100 08528 SMS 18653 b
1		in subsection (a) of this Section and provided further that,
2		beginning July 1, 2008, the provisions of subsection (b) shall
3		no longer apply with respect to such tax receipts from Madison
4		County.
5		Notwithstanding any provision of law to the contrary,
6		beginning on July 6, 2017 (the effective date of Public Act
7		100-23) this amendatory Act of the 100th General Assembly,
8		those amounts required under this subsection (b-6) to be
9		transferred by the Treasurer into the Downstate Public
10		Transportation Fund from the General Revenue Fund shall be
11		directly deposited into the Downstate Public Transportation
12		Fund as the revenues are realized from the taxes indicated.
13		(b-7) Beginning July 1, 2018, notwithstanding the other
14		provisions of this Section, instead of the Comptroller making
15		monthly transfers from the General Revenue Fund to the
16		Downstate Public Transportation Fund, the Department of
17		Revenue shall deposit the designated fraction of the net
18		revenue realized from collections under the Retailers'
19		Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
20		Act, and the Service Use Tax Act directly into the Downstate
21		Public Transportation Fund.
22		(c) The Department shall certify to the Department of
23		Revenue the eligible participants under this Article and the
24		territorial boundaries of such participants for the purposes of
25		the Department of Revenue in subsections (a) and (b) of this
26		Section.

HB3342 Enrolled - 56 - LRB100 08528 SMS 18653 b
1		(d) For the purposes of this Article, beginning in fiscal
2		year 2009 the General Assembly shall appropriate an amount from
3		the Downstate Public Transportation Fund equal to the sum total
4		funds projected to be paid to the participants pursuant to
5		Section 2-7. If the General Assembly fails to make
6		appropriations sufficient to cover the amounts projected to be
7		paid pursuant to Section 2-7, this Act shall constitute an
8		irrevocable and continuing appropriation from the Downstate
9		Public Transportation Fund of all amounts necessary for those
10		purposes.
11		(e) Notwithstanding anything in this Section to the
12		contrary, amounts transferred from the General Revenue Fund to
13		the Downstate Public Transportation Fund pursuant to this
14		Section shall not exceed $169,000,000 in State fiscal year
15		2012.
16		(f) For State fiscal year 2018 only, notwithstanding any
17		provision of law to the contrary, the total amount of revenue
18		and deposits under this Section attributable to revenues
19		realized during State fiscal year 2018 shall be reduced by 10%.
20		(g) For State fiscal year 2019 only, notwithstanding any
21		provision of law to the contrary, the total amount of revenue
22		and deposits under this Section attributable to revenues
23		realized during State fiscal year 2019 shall be reduced by 5%.
24		(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
25		revised 10-20-17.)

HB3342 Enrolled - 57 - LRB100 08528 SMS 18653 b
1		Section 5-35. The Illinois Income Tax Act is amended by
2		changing Section 901 as follows:
3		(35 ILCS 5/901) (from Ch. 120, par. 9-901)
4		Sec. 901. Collection authority.
5		(a) In general. The Department shall collect the taxes
6		imposed by this Act. The Department shall collect certified
7		past due child support amounts under Section 2505-650 of the
8		Department of Revenue Law of the Civil Administrative Code of
9		Illinois. Except as provided in subsections (b), (c), (e), (f),
10		(g), and (h) of this Section, money collected pursuant to
11		subsections (a) and (b) of Section 201 of this Act shall be
12		paid into the General Revenue Fund in the State treasury; money
13		collected pursuant to subsections (c) and (d) of Section 201 of
14		this Act shall be paid into the Personal Property Tax
15		Replacement Fund, a special fund in the State Treasury; and
16		money collected under Section 2505-650 of the Department of
17		Revenue Law of the Civil Administrative Code of Illinois (20
18		ILCS 2505/2505-650) shall be paid into the Child Support
19		Enforcement Trust Fund, a special fund outside the State
20		Treasury, or to the State Disbursement Unit established under
21		Section 10-26 of the Illinois Public Aid Code, as directed by
22		the Department of Healthcare and Family Services.
23		(b) Local Government Distributive Fund. Beginning August
24		1, 1969, and continuing through June 30, 1994, the Treasurer
25		shall transfer each month from the General Revenue Fund to a

HB3342 Enrolled - 58 - LRB100 08528 SMS 18653 b
1		special fund in the State treasury, to be known as the "Local
2		Government Distributive Fund", an amount equal to 1/12 of the
3		net revenue realized from the tax imposed by subsections (a)
4		and (b) of Section 201 of this Act during the preceding month.
5		Beginning July 1, 1994, and continuing through June 30, 1995,
6		the Treasurer shall transfer each month from the General
7		Revenue Fund to the Local Government Distributive Fund an
8		amount equal to 1/11 of the net revenue realized from the tax
9		imposed by subsections (a) and (b) of Section 201 of this Act
10		during the preceding month. Beginning July 1, 1995 and
11		continuing through January 31, 2011, the Treasurer shall
12		transfer each month from the General Revenue Fund to the Local
13		Government Distributive Fund an amount equal to the net of (i)
14		1/10 of the net revenue realized from the tax imposed by
15		subsections (a) and (b) of Section 201 of the Illinois Income
16		Tax Act during the preceding month (ii) minus, beginning July
17		1, 2003 and ending June 30, 2004, $6,666,666, and beginning
18		July 1, 2004, zero. Beginning February 1, 2011, and continuing
19		through January 31, 2015, the Treasurer shall transfer each
20		month from the General Revenue Fund to the Local Government
21		Distributive Fund an amount equal to the sum of (i) 6% (10% of
22		the ratio of the 3% individual income tax rate prior to 2011 to
23		the 5% individual income tax rate after 2010) of the net
24		revenue realized from the tax imposed by subsections (a) and
25		(b) of Section 201 of this Act upon individuals, trusts, and
26		estates during the preceding month and (ii) 6.86% (10% of the

HB3342 Enrolled - 59 - LRB100 08528 SMS 18653 b
1		ratio of the 4.8% corporate income tax rate prior to 2011 to
2		the 7% corporate income tax rate after 2010) of the net revenue
3		realized from the tax imposed by subsections (a) and (b) of
4		Section 201 of this Act upon corporations during the preceding
5		month. Beginning February 1, 2015 and continuing through July
6		31, 2017, the Treasurer shall transfer each month from the
7		General Revenue Fund to the Local Government Distributive Fund
8		an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
9		individual income tax rate prior to 2011 to the 3.75%
10		individual income tax rate after 2014) of the net revenue
11		realized from the tax imposed by subsections (a) and (b) of
12		Section 201 of this Act upon individuals, trusts, and estates
13		during the preceding month and (ii) 9.14% (10% of the ratio of
14		the 4.8% corporate income tax rate prior to 2011 to the 5.25%
15		corporate income tax rate after 2014) of the net revenue
16		realized from the tax imposed by subsections (a) and (b) of
17		Section 201 of this Act upon corporations during the preceding
18		month. Beginning August 1, 2017, the Treasurer shall transfer
19		each month from the General Revenue Fund to the Local
20		Government Distributive Fund an amount equal to the sum of (i)
21		6.06% (10% of the ratio of the 3% individual income tax rate
22		prior to 2011 to the 4.95% individual income tax rate after
23		July 1, 2017) of the net revenue realized from the tax imposed
24		by subsections (a) and (b) of Section 201 of this Act upon
25		individuals, trusts, and estates during the preceding month and
26		(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax

HB3342 Enrolled - 60 - LRB100 08528 SMS 18653 b
1		rate prior to 2011 to the 7% corporate income tax rate after
2		July 1, 2017) of the net revenue realized from the tax imposed
3		by subsections (a) and (b) of Section 201 of this Act upon
4		corporations during the preceding month. Net revenue realized
5		for a month shall be defined as the revenue from the tax
6		imposed by subsections (a) and (b) of Section 201 of this Act
7		which is deposited in the General Revenue Fund, the Education
8		Assistance Fund, the Income Tax Surcharge Local Government
9		Distributive Fund, the Fund for the Advancement of Education,
10		and the Commitment to Human Services Fund during the month
11		minus the amount paid out of the General Revenue Fund in State
12		warrants during that same month as refunds to taxpayers for
13		overpayment of liability under the tax imposed by subsections
14		(a) and (b) of Section 201 of this Act.
15		Notwithstanding any provision of law to the contrary,
16		beginning on July 6, 2017 (the effective date of Public Act
17		100-23) this amendatory Act of the 100th General Assembly,
18		those amounts required under this subsection (b) to be
19		transferred by the Treasurer into the Local Government
20		Distributive Fund from the General Revenue Fund shall be
21		directly deposited into the Local Government Distributive Fund
22		as the revenue is realized from the tax imposed by subsections
23		(a) and (b) of Section 201 of this Act.
24		For State fiscal year 2018 only, notwithstanding any
25		provision of law to the contrary, the total amount of revenue
26		and deposits under this Section attributable to revenues

HB3342 Enrolled - 61 - LRB100 08528 SMS 18653 b
1		realized during State fiscal year 2018 shall be reduced by 10%.
2		For State fiscal year 2019 only, notwithstanding any
3		provision of law to the contrary, the total amount of revenue
4		and deposits under this Section attributable to revenues
5		realized during State fiscal year 2019 shall be reduced by 5%.
6		(c) Deposits Into Income Tax Refund Fund.
7		(1) 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)(1), (2), and
10		(3), of Section 201 of this Act into a fund in the State
11		treasury known as the Income Tax Refund Fund. The
12		Department shall deposit 6% of such amounts during the
13		period beginning January 1, 1989 and ending on June 30,
14		1989. Beginning with State fiscal year 1990 and for each
15		fiscal year thereafter, the percentage deposited into the
16		Income Tax Refund Fund during a fiscal year shall be the
17		Annual Percentage. For fiscal years 1999 through 2001, the
18		Annual Percentage shall be 7.1%. For fiscal year 2003, the
19		Annual Percentage shall be 8%. For fiscal year 2004, the
20		Annual Percentage shall be 11.7%. Upon the effective date
21		of Public Act 93-839 (July 30, 2004) this amendatory Act of
22		the 93rd General Assembly, the Annual Percentage shall be
23		10% for fiscal year 2005. For fiscal year 2006, the Annual
24		Percentage shall be 9.75%. For fiscal year 2007, the Annual
25		Percentage shall be 9.75%. For fiscal year 2008, the Annual
26		Percentage shall be 7.75%. For fiscal year 2009, the Annual

HB3342 Enrolled - 62 - LRB100 08528 SMS 18653 b
1		Percentage shall be 9.75%. For fiscal year 2010, the Annual
2		Percentage shall be 9.75%. For fiscal year 2011, the Annual
3		Percentage shall be 8.75%. For fiscal year 2012, the Annual
4		Percentage shall be 8.75%. For fiscal year 2013, the Annual
5		Percentage shall be 9.75%. For fiscal year 2014, the Annual
6		Percentage shall be 9.5%. For fiscal year 2015, the Annual
7		Percentage shall be 10%. For fiscal year 2018, the Annual
8		Percentage shall be 9.8%. For fiscal year 2019, the Annual
9		Percentage shall be 9.7%. For all other fiscal years, the
10		Annual Percentage shall be calculated as a fraction, the
11		numerator of which shall be the amount of refunds approved
12		for payment by the Department during the preceding fiscal
13		year as a result of overpayment of tax liability under
14		subsections (a) and (b)(1), (2), and (3) of Section 201 of
15		this Act plus the amount of such refunds remaining approved
16		but unpaid at the end of the preceding fiscal year, minus
17		the amounts transferred into the Income Tax Refund Fund
18		from the Tobacco Settlement Recovery Fund, and the
19		denominator of which shall be the amounts which will be
20		collected pursuant to subsections (a) and (b)(1), (2), and
21		(3) of Section 201 of this Act during the preceding fiscal
22		year; except that in State fiscal year 2002, the Annual
23		Percentage shall in no event exceed 7.6%. The Director of
24		Revenue shall certify the Annual Percentage to the
25		Comptroller on the last business day of the fiscal year
26		immediately preceding the fiscal year for which it is to be

HB3342 Enrolled - 63 - LRB100 08528 SMS 18653 b
1		effective.
2		(2) Beginning on January 1, 1989 and thereafter, the
3		Department shall deposit a percentage of the amounts
4		collected pursuant to subsections (a) and (b)(6), (7), and
5		(8), (c) and (d) of Section 201 of this Act into a fund in
6		the State treasury known as the Income Tax Refund Fund. The
7		Department shall deposit 18% of such amounts during the
8		period beginning January 1, 1989 and ending on June 30,
9		1989. Beginning with State fiscal year 1990 and for each
10		fiscal year thereafter, the percentage deposited into the
11		Income Tax Refund Fund during a fiscal year shall be the
12		Annual Percentage. For fiscal years 1999, 2000, and 2001,
13		the Annual Percentage shall be 19%. For fiscal year 2003,
14		the Annual Percentage shall be 27%. For fiscal year 2004,
15		the Annual Percentage shall be 32%. Upon the effective date
16		of Public Act 93-839 (July 30, 2004) this amendatory Act of
17		the 93rd General Assembly, the Annual Percentage shall be
18		24% for fiscal year 2005. For fiscal year 2006, the Annual
19		Percentage shall be 20%. For fiscal year 2007, the Annual
20		Percentage shall be 17.5%. For fiscal year 2008, the Annual
21		Percentage shall be 15.5%. For fiscal year 2009, the Annual
22		Percentage shall be 17.5%. For fiscal year 2010, the Annual
23		Percentage shall be 17.5%. For fiscal year 2011, the Annual
24		Percentage shall be 17.5%. For fiscal year 2012, the Annual
25		Percentage shall be 17.5%. For fiscal year 2013, the Annual
26		Percentage shall be 14%. For fiscal year 2014, the Annual

HB3342 Enrolled - 64 - LRB100 08528 SMS 18653 b
1		Percentage shall be 13.4%. For fiscal year 2015, the Annual
2		Percentage shall be 14%. For fiscal year 2018, the Annual
3		Percentage shall be 17.5%. For fiscal year 2019, the Annual
4		Percentage shall be 15.5%. For all other fiscal years, the
5		Annual Percentage shall be calculated as a fraction, the
6		numerator of which shall be the amount of refunds approved
7		for payment by the Department during the preceding fiscal
8		year as a result of overpayment of tax liability under
9		subsections (a) and (b)(6), (7), and (8), (c) and (d) of
10		Section 201 of this Act plus the amount of such refunds
11		remaining approved but unpaid at the end of the preceding
12		fiscal year, and the denominator of which shall be the
13		amounts which will be collected pursuant to subsections (a)
14		and (b)(6), (7), and (8), (c) and (d) of Section 201 of
15		this Act during the preceding fiscal year; except that in
16		State fiscal year 2002, the Annual Percentage shall in no
17		event exceed 23%. The Director of Revenue shall certify the
18		Annual Percentage to the Comptroller on the last business
19		day of the fiscal year immediately preceding the fiscal
20		year for which it is to be effective.
21		(3) The Comptroller shall order transferred and the
22		Treasurer shall transfer from the Tobacco Settlement
23		Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
24		in January, 2001, (ii) $35,000,000 in January, 2002, and
25		(iii) $35,000,000 in January, 2003.
26		(d) Expenditures from Income Tax Refund Fund.

HB3342 Enrolled - 65 - LRB100 08528 SMS 18653 b
1		(1) Beginning January 1, 1989, money in the Income Tax
2		Refund Fund shall be expended exclusively for the purpose
3		of paying refunds resulting from overpayment of tax
4		liability under Section 201 of this Act, for paying rebates
5		under Section 208.1 in the event that the amounts in the
6		Homeowners' Tax Relief Fund are insufficient for that
7		purpose, and for making transfers pursuant to this
8		subsection (d).
9		(2) The Director shall order payment of refunds
10		resulting from overpayment of tax liability under Section
11		201 of this Act from the Income Tax Refund Fund only to the
12		extent that amounts collected pursuant to Section 201 of
13		this Act and transfers pursuant to this subsection (d) and
14		item (3) of subsection (c) have been deposited and retained
15		in the Fund.
16		(3) As soon as possible after the end of each fiscal
17		year, the Director shall order transferred and the State
18		Treasurer and State Comptroller shall transfer from the
19		Income Tax Refund Fund to the Personal Property Tax
20		Replacement Fund an amount, certified by the Director to
21		the Comptroller, equal to the excess of the amount
22		collected pursuant to subsections (c) and (d) of Section
23		201 of this Act deposited into the Income Tax Refund Fund
24		during the fiscal year over the amount of refunds resulting
25		from overpayment of tax liability under subsections (c) and
26		(d) of Section 201 of this Act paid from the Income Tax

HB3342 Enrolled - 66 - LRB100 08528 SMS 18653 b
1		Refund Fund during the fiscal year.
2		(4) As soon as possible after the end of each fiscal
3		year, the Director shall order transferred and the State
4		Treasurer and State Comptroller shall transfer from the
5		Personal Property Tax Replacement Fund to the Income Tax
6		Refund Fund an amount, certified by the Director to the
7		Comptroller, equal to the excess of the amount of refunds
8		resulting from overpayment of tax liability under
9		subsections (c) and (d) of Section 201 of this Act paid
10		from the Income Tax Refund Fund during the fiscal year over
11		the amount collected pursuant to subsections (c) and (d) of
12		Section 201 of this Act deposited into the Income Tax
13		Refund Fund during the fiscal year.
14		(4.5) As soon as possible after the end of fiscal year
15		1999 and of each fiscal year thereafter, the Director shall
16		order transferred and the State Treasurer and State
17		Comptroller shall transfer from the Income Tax Refund Fund
18		to the General Revenue Fund any surplus remaining in the
19		Income Tax Refund Fund as of the end of such fiscal year;
20		excluding for fiscal years 2000, 2001, and 2002 amounts
21		attributable to transfers under item (3) of subsection (c)
22		less refunds resulting from the earned income tax credit.
23		(5) This Act shall constitute an irrevocable and
24		continuing appropriation from the Income Tax Refund Fund
25		for the purpose of paying refunds upon the order of the
26		Director in accordance with the provisions of this Section.

HB3342 Enrolled - 67 - LRB100 08528 SMS 18653 b
1		(e) Deposits into the Education Assistance Fund and the
2		Income Tax Surcharge Local Government Distributive Fund. On
3		July 1, 1991, and thereafter, of the amounts collected pursuant
4		to subsections (a) and (b) of Section 201 of this Act, minus
5		deposits into the Income Tax Refund Fund, the Department shall
6		deposit 7.3% into the Education Assistance Fund in the State
7		Treasury. Beginning July 1, 1991, and continuing through
8		January 31, 1993, of the amounts collected pursuant to
9		subsections (a) and (b) of Section 201 of the Illinois Income
10		Tax Act, minus deposits into the Income Tax Refund Fund, the
11		Department shall deposit 3.0% into the Income Tax Surcharge
12		Local Government Distributive Fund in the State Treasury.
13		Beginning February 1, 1993 and continuing through June 30,
14		1993, of the amounts collected pursuant to subsections (a) and
15		(b) of Section 201 of the Illinois Income Tax Act, minus
16		deposits into the Income Tax Refund Fund, the Department shall
17		deposit 4.4% into the Income Tax Surcharge Local Government
18		Distributive Fund in the State Treasury. Beginning July 1,
19		1993, and continuing through June 30, 1994, of the amounts
20		collected under subsections (a) and (b) of Section 201 of this
21		Act, minus deposits into the Income Tax Refund Fund, the
22		Department shall deposit 1.475% into the Income Tax Surcharge
23		Local Government Distributive Fund in the State Treasury.
24		(f) Deposits into the Fund for the Advancement of
25		Education. Beginning February 1, 2015, the Department shall
26		deposit the following portions of the revenue realized from the

HB3342 Enrolled - 68 - LRB100 08528 SMS 18653 b
1		tax imposed upon individuals, trusts, and estates by
2		subsections (a) and (b) of Section 201 of this Act during the
3		preceding month, minus deposits into the Income Tax Refund
4		Fund, into the Fund for the Advancement of Education:
5		(1) beginning February 1, 2015, and prior to February
6		1, 2025, 1/30; and
7		(2) beginning February 1, 2025, 1/26.
8		If the rate of tax imposed by subsection (a) and (b) of
9		Section 201 is reduced pursuant to Section 201.5 of this Act,
10		the Department shall not make the deposits required by this
11		subsection (f) on or after the effective date of the reduction.
12		(g) Deposits into the Commitment to Human Services Fund.
13		Beginning February 1, 2015, the Department shall deposit the
14		following portions of the revenue realized from the tax imposed
15		upon individuals, trusts, and estates by subsections (a) and
16		(b) of Section 201 of this Act during the preceding month,
17		minus deposits into the Income Tax Refund Fund, into the
18		Commitment to Human Services Fund:
19		(1) beginning February 1, 2015, and prior to February
20		1, 2025, 1/30; and
21		(2) beginning February 1, 2025, 1/26.
22		If the rate of tax imposed by subsection (a) and (b) of
23		Section 201 is reduced pursuant to Section 201.5 of this Act,
24		the Department shall not make the deposits required by this
25		subsection (g) on or after the effective date of the reduction.
26		(h) Deposits into the Tax Compliance and Administration

HB3342 Enrolled - 69 - LRB100 08528 SMS 18653 b
1		Fund. Beginning on the first day of the first calendar month to
2		occur on or after August 26, 2014 (the effective date of Public
3		Act 98-1098), each month the Department shall pay into the Tax
4		Compliance and Administration Fund, to be used, subject to
5		appropriation, to fund additional auditors and compliance
6		personnel at the Department, an amount equal to 1/12 of 5% of
7		the cash receipts collected during the preceding fiscal year by
8		the Audit Bureau of the Department from the tax imposed by
9		subsections (a), (b), (c), and (d) of Section 201 of this Act,
10		net of deposits into the Income Tax Refund Fund made from those
11		cash receipts.
12		(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
13		eff. 7-6-17; revised 8-3-17.)
14		Section 5-40. The Regional Transportation Authority Act is
15		amended by changing Section 4.09 as follows:
16		(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
17		Sec. 4.09. Public Transportation Fund and the Regional
18		Transportation Authority Occupation and Use Tax Replacement
19		Fund.
20		(a)(1) Except as otherwise provided in paragraph (4), as
21		soon as possible after the first day of each month, beginning
22		July 1, 1984, upon certification of the Department of Revenue,
23		the Comptroller shall order transferred and the Treasurer shall
24		transfer from the General Revenue Fund to a special fund in the

HB3342 Enrolled - 70 - LRB100 08528 SMS 18653 b
1		State Treasury to be known as the Public Transportation Fund an
2		amount equal to 25% of the net revenue, before the deduction of
3		the serviceman and retailer discounts pursuant to Section 9 of
4		the Service Occupation Tax Act and Section 3 of the Retailers'
5		Occupation Tax Act, realized from any tax imposed by the
6		Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
7		amounts deposited into the Regional Transportation Authority
8		tax fund created by Section 4.03 of this Act, from the County
9		and Mass Transit District Fund as provided in Section 6z-20 of
10		the State Finance Act and 25% of the amounts deposited into the
11		Regional Transportation Authority Occupation and Use Tax
12		Replacement Fund from the State and Local Sales Tax Reform Fund
13		as provided in Section 6z-17 of the State Finance Act. On the
14		first day of the month following the date that the Department
15		receives revenues from increased taxes under Section 4.03(m) as
16		authorized by this amendatory Act of the 95th General Assembly,
17		in lieu of the transfers authorized in the preceding sentence,
18		upon certification of the Department of Revenue, the
19		Comptroller shall order transferred and the Treasurer shall
20		transfer from the General Revenue Fund to the Public
21		Transportation Fund an amount equal to 25% of the net revenue,
22		before the deduction of the serviceman and retailer discounts
23		pursuant to Section 9 of the Service Occupation Tax Act and
24		Section 3 of the Retailers' Occupation Tax Act, realized from
25		(i) 80% of the proceeds of any tax imposed by the Authority at
26		a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any

HB3342 Enrolled - 71 - LRB100 08528 SMS 18653 b
1		tax imposed by the Authority at the rate of 1% in Cook County,
2		and (iii) one-third of the proceeds of any tax imposed by the
3		Authority at the rate of 0.75% in the Counties of DuPage, Kane,
4		Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
5		of the net revenue realized from any tax imposed by the
6		Authority pursuant to Section 4.03.1, and 25% of the amounts
7		deposited into the Regional Transportation Authority tax fund
8		created by Section 4.03 of this Act from the County and Mass
9		Transit District Fund as provided in Section 6z-20 of the State
10		Finance Act, and 25% of the amounts deposited into the Regional
11		Transportation Authority Occupation and Use Tax Replacement
12		Fund from the State and Local Sales Tax Reform Fund as provided
13		in Section 6z-17 of the State Finance Act. As used in this
14		Section, net revenue realized for a month shall be the revenue
15		collected by the State pursuant to Sections 4.03 and 4.03.1
16		during the previous month from within the metropolitan region,
17		less the amount paid out during that same month as refunds to
18		taxpayers for overpayment of liability in the metropolitan
19		region under Sections 4.03 and 4.03.1.
20		Notwithstanding any provision of law to the contrary,
21		beginning on the effective date of this amendatory Act of the
22		100th General Assembly, those amounts required under this
23		paragraph (1) of subsection (a) to be transferred by the
24		Treasurer into the Public Transportation Fund from the General
25		Revenue Fund shall be directly deposited into the Public
26		Transportation Fund as the revenues are realized from the taxes

HB3342 Enrolled - 72 - LRB100 08528 SMS 18653 b
1		indicated.
2		(2) Except as otherwise provided in paragraph (4), on the
3		first day of the month following the effective date of this
4		amendatory Act of the 95th General Assembly and each month
5		thereafter, upon certification by the Department of Revenue,
6		the Comptroller shall order transferred and the Treasurer shall
7		transfer from the General Revenue Fund to the Public
8		Transportation Fund an amount equal to 5% of the net revenue,
9		before the deduction of the serviceman and retailer discounts
10		pursuant to Section 9 of the Service Occupation Tax Act and
11		Section 3 of the Retailers' Occupation Tax Act, realized from
12		any tax imposed by the Authority pursuant to Sections 4.03 and
13		4.03.1 and certified by the Department of Revenue under Section
14		4.03(n) of this Act to be paid to the Authority and 5% of the
15		amounts deposited into the Regional Transportation Authority
16		tax fund created by Section 4.03 of this Act from the County
17		and Mass Transit District Fund as provided in Section 6z-20 of
18		the State Finance Act, and 5% of the amounts deposited into the
19		Regional Transportation Authority Occupation and Use Tax
20		Replacement Fund from the State and Local Sales Tax Reform Fund
21		as provided in Section 6z-17 of the State Finance Act, and 5%
22		of the revenue realized by the Chicago Transit Authority as
23		financial assistance from the City of Chicago from the proceeds
24		of any tax imposed by the City of Chicago under Section 8-3-19
25		of the Illinois Municipal Code.
26		Notwithstanding any provision of law to the contrary,

HB3342 Enrolled - 73 - LRB100 08528 SMS 18653 b
1		beginning on July 6, 2017 (the effective date of Public Act
2		100-23) this amendatory Act of the 100th General Assembly,
3		those amounts required under this paragraph (2) of subsection
4		(a) to be transferred by the Treasurer into the Public
5		Transportation Fund from the General Revenue Fund shall be
6		directly deposited into the Public Transportation Fund as the
7		revenues are realized from the taxes indicated.
8		(3) Except as otherwise provided in paragraph (4), as soon
9		as possible after the first day of January, 2009 and each month
10		thereafter, upon certification of the Department of Revenue
11		with respect to the taxes collected under Section 4.03, the
12		Comptroller shall order transferred and the Treasurer shall
13		transfer from the General Revenue Fund to the Public
14		Transportation Fund an amount equal to 25% of the net revenue,
15		before the deduction of the serviceman and retailer discounts
16		pursuant to Section 9 of the Service Occupation Tax Act and
17		Section 3 of the Retailers' Occupation Tax Act, realized from
18		(i) 20% of the proceeds of any tax imposed by the Authority at
19		a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
20		tax imposed by the Authority at the rate of 1% in Cook County,
21		and (iii) one-third of the proceeds of any tax imposed by the
22		Authority at the rate of 0.75% in the Counties of DuPage, Kane,
23		Lake, McHenry, and Will, all pursuant to Section 4.03, and the
24		Comptroller shall order transferred and the Treasurer shall
25		transfer from the General Revenue Fund to the Public
26		Transportation Fund (iv) an amount equal to 25% of the revenue

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1		realized by the Chicago Transit Authority as financial
2		assistance from the City of Chicago from the proceeds of any
3		tax imposed by the City of Chicago under Section 8-3-19 of the
4		Illinois Municipal Code.
5		Notwithstanding any provision of law to the contrary,
6		beginning on July 6, 2017 (the effective date of Public Act
7		100-23) this amendatory Act of the 100th General Assembly,
8		those amounts required under this paragraph (3) of subsection
9		(a) to be transferred by the Treasurer into the Public
10		Transportation Fund from the General Revenue Fund shall be
11		directly deposited into the Public Transportation Fund as the
12		revenues are realized from the taxes indicated.
13		(4) Notwithstanding any provision of law to the contrary,
14		of the transfers to be made under paragraphs (1), (2), and (3)
15		of this subsection (a) from the General Revenue Fund to the
16		Public Transportation Fund, the first $100,000,000 that would
17		have otherwise been transferred from the General Revenue Fund
18		shall be transferred from the Road Fund. The remaining balance
19		of such transfers shall be made from the General Revenue Fund.
20		(5) For State fiscal year 2018 only, notwithstanding any
21		provision of law to the contrary, the total amount of revenue
22		and deposits under this subsection (a) attributable to revenues
23		realized during State fiscal year 2018 shall be reduced by 10%.
24		(6) For State fiscal year 2019 only, notwithstanding any
25		provision of law to the contrary, the total amount of revenue
26		and deposits under this Section attributable to revenues

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1		realized during State fiscal year 2019 shall be reduced by 5%.
2		(b)(1) All moneys deposited in the Public Transportation
3		Fund and the Regional Transportation Authority Occupation and
4		Use Tax Replacement Fund, whether deposited pursuant to this
5		Section or otherwise, are allocated to the Authority. The
6		Comptroller, as soon as possible after each monthly transfer
7		provided in this Section and after each deposit into the Public
8		Transportation Fund, shall order the Treasurer to pay to the
9		Authority out of the Public Transportation Fund the amount so
10		transferred or deposited. Any Additional State Assistance and
11		Additional Financial Assistance paid to the Authority under
12		this Section shall be expended by the Authority for its
13		purposes as provided in this Act. The balance of the amounts
14		paid to the Authority from the Public Transportation Fund shall
15		be expended by the Authority as provided in Section 4.03.3. The
16		Comptroller, as soon as possible after each deposit into the
17		Regional Transportation Authority Occupation and Use Tax
18		Replacement Fund provided in this Section and Section 6z-17 of
19		the State Finance Act, shall order the Treasurer to pay to the
20		Authority out of the Regional Transportation Authority
21		Occupation and Use Tax Replacement Fund the amount so
22		deposited. Such amounts paid to the Authority may be expended
23		by it for its purposes as provided in this Act. The provisions
24		directing the distributions from the Public Transportation
25		Fund and the Regional Transportation Authority Occupation and
26		Use Tax Replacement Fund provided for in this Section shall

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1		constitute an irrevocable and continuing appropriation of all
2		amounts as provided herein. The State Treasurer and State
3		Comptroller are hereby authorized and directed to make
4		distributions as provided in this Section. (2) Provided,
5		however, no moneys deposited under subsection (a) of this
6		Section shall be paid from the Public Transportation Fund to
7		the Authority or its assignee for any fiscal year until the
8		Authority has certified to the Governor, the Comptroller, and
9		the Mayor of the City of Chicago that it has adopted for that
10		fiscal year an Annual Budget and Two-Year Financial Plan
11		meeting the requirements in Section 4.01(b).
12		(c) In recognition of the efforts of the Authority to
13		enhance the mass transportation facilities under its control,
14		the State shall provide financial assistance ("Additional
15		State Assistance") in excess of the amounts transferred to the
16		Authority from the General Revenue Fund under subsection (a) of
17		this Section. Additional State Assistance shall be calculated
18		as provided in subsection (d), but shall in no event exceed the
19		following specified amounts with respect to the following State
20		fiscal years:
21 1990 $5,000,000; 22 1991 $5,000,000; 23 1992 $10,000,000; 24 1993 $10,000,000; 25 1994 $20,000,000; 26 1995 $30,000,000;

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1 1996 $40,000,000; 2 1997 $50,000,000; 3 1998 $55,000,000; and 4 each year thereafter $55,000,000.
5		(c-5) The State shall provide financial assistance
6		("Additional Financial Assistance") in addition to the
7		Additional State Assistance provided by subsection (c) and the
8		amounts transferred to the Authority from the General Revenue
9		Fund under subsection (a) of this Section. Additional Financial
10		Assistance provided by this subsection shall be calculated as
11		provided in subsection (d), but shall in no event exceed the
12		following specified amounts with respect to the following State
13		fiscal years:
14 2000 $0; 15 2001 $16,000,000; 16 2002 $35,000,000; 17 2003 $54,000,000; 18 2004 $73,000,000; 19 2005 $93,000,000; and 20 each year thereafter $100,000,000.
21		(d) Beginning with State fiscal year 1990 and continuing
22		for each State fiscal year thereafter, the Authority shall
23		annually certify to the State Comptroller and State Treasurer,
24		separately with respect to each of subdivisions (g)(2) and
25		(g)(3) of Section 4.04 of this Act, the following amounts:
26		(1) The amount necessary and required, during the State

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1		fiscal year with respect to which the certification is
2		made, to pay its obligations for debt service on all
3		outstanding bonds or notes issued by the Authority under
4		subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
5		(2) An estimate of the amount necessary and required to
6		pay its obligations for debt service for any bonds or notes
7		which the Authority anticipates it will issue under
8		subdivisions (g)(2) and (g)(3) of Section 4.04 during that
9		State fiscal year.
10		(3) Its debt service savings during the preceding State
11		fiscal year from refunding or advance refunding of bonds or
12		notes issued under subdivisions (g)(2) and (g)(3) of
13		Section 4.04.
14		(4) The amount of interest, if any, earned by the
15		Authority during the previous State fiscal year on the
16		proceeds of bonds or notes issued pursuant to subdivisions
17		(g)(2) and (g)(3) of Section 4.04, other than refunding or
18		advance refunding bonds or notes.
19		The certification shall include a specific schedule of debt
20		service payments, including the date and amount of each payment
21		for all outstanding bonds or notes and an estimated schedule of
22		anticipated debt service for all bonds and notes it intends to
23		issue, if any, during that State fiscal year, including the
24		estimated date and estimated amount of each payment.
25		Immediately upon the issuance of bonds for which an
26		estimated schedule of debt service payments was prepared, the

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1		Authority shall file an amended certification with respect to
2		item (2) above, to specify the actual schedule of debt service
3		payments, including the date and amount of each payment, for
4		the remainder of the State fiscal year.
5		On the first day of each month of the State fiscal year in
6		which there are bonds outstanding with respect to which the
7		certification is made, the State Comptroller shall order
8		transferred and the State Treasurer shall transfer from the
9		Road Fund to the Public Transportation Fund the Additional
10		State Assistance and Additional Financial Assistance in an
11		amount equal to the aggregate of (i) one-twelfth of the sum of
12		the amounts certified under items (1) and (3) above less the
13		amount certified under item (4) above, plus (ii) the amount
14		required to pay debt service on bonds and notes issued during
15		the fiscal year, if any, divided by the number of months
16		remaining in the fiscal year after the date of issuance, or
17		some smaller portion as may be necessary under subsection (c)
18		or (c-5) of this Section for the relevant State fiscal year,
19		plus (iii) any cumulative deficiencies in transfers for prior
20		months, until an amount equal to the sum of the amounts
21		certified under items (1) and (3) above, plus the actual debt
22		service certified under item (2) above, less the amount
23		certified under item (4) above, has been transferred; except
24		that these transfers are subject to the following limits:
25		(A) In no event shall the total transfers in any State
26		fiscal year relating to outstanding bonds and notes issued

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1		by the Authority under subdivision (g)(2) of Section 4.04
2		exceed the lesser of the annual maximum amount specified in
3		subsection (c) or the sum of the amounts certified under
4		items (1) and (3) above, plus the actual debt service
5		certified under item (2) above, less the amount certified
6		under item (4) above, with respect to those bonds and
7		notes.
8		(B) In no event shall the total transfers in any State
9		fiscal year relating to outstanding bonds and notes issued
10		by the Authority under subdivision (g)(3) of Section 4.04
11		exceed the lesser of the annual maximum amount specified in
12		subsection (c-5) or the sum of the amounts certified under
13		items (1) and (3) above, plus the actual debt service
14		certified under item (2) above, less the amount certified
15		under item (4) above, with respect to those bonds and
16		notes.
17		The term "outstanding" does not include bonds or notes for
18		which refunding or advance refunding bonds or notes have been
19		issued.
20		(e) Neither Additional State Assistance nor Additional
21		Financial Assistance may be pledged, either directly or
22		indirectly as general revenues of the Authority, as security
23		for any bonds issued by the Authority. The Authority may not
24		assign its right to receive Additional State Assistance or
25		Additional Financial Assistance, or direct payment of
26		Additional State Assistance or Additional Financial

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1		Assistance, to a trustee or any other entity for the payment of
2		debt service on its bonds.
3		(f) The certification required under subsection (d) with
4		respect to outstanding bonds and notes of the Authority shall
5		be filed as early as practicable before the beginning of the
6		State fiscal year to which it relates. The certification shall
7		be revised as may be necessary to accurately state the debt
8		service requirements of the Authority.
9		(g) Within 6 months of the end of each fiscal year, the
10		Authority shall determine:
11		(i) whether the aggregate of all system generated
12		revenues for public transportation in the metropolitan
13		region which is provided by, or under grant or purchase of
14		service contracts with, the Service Boards equals 50% of
15		the aggregate of all costs of providing such public
16		transportation. "System generated revenues" include all
17		the proceeds of fares and charges for services provided,
18		contributions received in connection with public
19		transportation from units of local government other than
20		the Authority, except for contributions received by the
21		Chicago Transit Authority from a real estate transfer tax
22		imposed under subsection (i) of Section 8-3-19 of the
23		Illinois Municipal Code, and from the State pursuant to
24		subsection (i) of Section 2705-305 of the Department of
25		Transportation Law (20 ILCS 2705/2705-305), and all other
26		revenues properly included consistent with generally

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1		accepted accounting principles but may not include: the
2		proceeds from any borrowing, and, beginning with the 2007
3		fiscal year, all revenues and receipts, including but not
4		limited to fares and grants received from the federal,
5		State or any unit of local government or other entity,
6		derived from providing ADA paratransit service pursuant to
7		Section 2.30 of the Regional Transportation Authority Act.
8		"Costs" include all items properly included as operating
9		costs consistent with generally accepted accounting
10		principles, including administrative costs, but do not
11		include: depreciation; payment of principal and interest
12		on bonds, notes or other evidences of obligations for
13		borrowed money of the Authority; payments with respect to
14		public transportation facilities made pursuant to
15		subsection (b) of Section 2.20; any payments with respect
16		to rate protection contracts, credit enhancements or
17		liquidity agreements made under Section 4.14; any other
18		cost as to which it is reasonably expected that a cash
19		expenditure will not be made; costs for passenger security
20		including grants, contracts, personnel, equipment and
21		administrative expenses, except in the case of the Chicago
22		Transit Authority, in which case the term does not include
23		costs spent annually by that entity for protection against
24		crime as required by Section 27a of the Metropolitan
25		Transit Authority Act; the costs of Debt Service paid by
26		the Chicago Transit Authority, as defined in Section 12c of

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1		the Metropolitan Transit Authority Act, or bonds or notes
2		issued pursuant to that Section; the payment by the
3		Commuter Rail Division of debt service on bonds issued
4		pursuant to Section 3B.09; expenses incurred by the
5		Suburban Bus Division for the cost of new public
6		transportation services funded from grants pursuant to
7		Section 2.01e of this amendatory Act of the 95th General
8		Assembly for a period of 2 years from the date of
9		initiation of each such service; costs as exempted by the
10		Board for projects pursuant to Section 2.09 of this Act;
11		or, beginning with the 2007 fiscal year, expenses related
12		to providing ADA paratransit service pursuant to Section
13		2.30 of the Regional Transportation Authority Act; or in
14		fiscal years 2008 through 2012 inclusive, costs in the
15		amount of $200,000,000 in fiscal year 2008, reducing by
16		$40,000,000 in each fiscal year thereafter until this
17		exemption is eliminated. If said system generated revenues
18		are less than 50% of said costs, the Board shall remit an
19		amount equal to the amount of the deficit to the State. The
20		Treasurer shall deposit any such payment in the Road Fund;
21		and
22		(ii) whether, beginning with the 2007 fiscal year, the
23		aggregate of all fares charged and received for ADA
24		paratransit services equals the system generated ADA
25		paratransit services revenue recovery ratio percentage of
26		the aggregate of all costs of providing such ADA

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1		paratransit services.
2		(h) If the Authority makes any payment to the State under
3		paragraph (g), the Authority shall reduce the amount provided
4		to a Service Board from funds transferred under paragraph (a)
5		in proportion to the amount by which that Service Board failed
6		to meet its required system generated revenues recovery ratio.
7		A Service Board which is affected by a reduction in funds under
8		this paragraph shall submit to the Authority concurrently with
9		its next due quarterly report a revised budget incorporating
10		the reduction in funds. The revised budget must meet the
11		criteria specified in clauses (i) through (vi) of Section
12		4.11(b)(2). The Board shall review and act on the revised
13		budget as provided in Section 4.11(b)(3).
14		(Source: P.A. 100-23, eff. 7-6-17.)
15		ARTICLE 10. RETIREMENT CONTRIBUTIONS
16		Section 10-5. The State Pension Funds Continuing
17		Appropriation Act is amended by changing Section 1.2 as
18		follows:
19		(40 ILCS 15/1.2)
20		Sec. 1.2. Appropriations for the State Employees'
21		Retirement System.
22		(a) From each fund from which an amount is appropriated for
23		personal services to a department or other employer under

HB3342 Enrolled - 85 - LRB100 08528 SMS 18653 b
1		Article 14 of the Illinois Pension Code, there is hereby
2		appropriated to that department or other employer, on a
3		continuing annual basis for each State fiscal year, an
4		additional amount equal to the amount, if any, by which (1) an
5		amount equal to the percentage of the personal services line
6		item for that department or employer from that fund for that
7		fiscal year that the Board of Trustees of the State Employees'
8		Retirement System of Illinois has certified under Section
9		14-135.08 of the Illinois Pension Code to be necessary to meet
10		the State's obligation under Section 14-131 of the Illinois
11		Pension Code for that fiscal year, exceeds (2) the amounts
12		otherwise appropriated to that department or employer from that
13		fund for State contributions to the State Employees' Retirement
14		System for that fiscal year. From the effective date of this
15		amendatory Act of the 93rd General Assembly through the final
16		payment from a department or employer's personal services line
17		item for fiscal year 2004, payments to the State Employees'
18		Retirement System that otherwise would have been made under
19		this subsection (a) shall be governed by the provisions in
20		subsection (a-1).
21		(a-1) If a Fiscal Year 2004 Shortfall is certified under
22		subsection (f) of Section 14-131 of the Illinois Pension Code,
23		there is hereby appropriated to the State Employees' Retirement
24		System of Illinois on a continuing basis from the General
25		Revenue Fund an additional aggregate amount equal to the Fiscal
26		Year 2004 Shortfall.

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1		(a-2) If a Fiscal Year 2010 Shortfall is certified under
2		subsection (i) of Section 14-131 of the Illinois Pension Code,
3		there is hereby appropriated to the State Employees' Retirement
4		System of Illinois on a continuing basis from the General
5		Revenue Fund an additional aggregate amount equal to the Fiscal
6		Year 2010 Shortfall.
7		(a-3) If a Fiscal Year 2016 Shortfall is certified under
8		subsection (k) of Section 14-131 of the Illinois Pension Code,
9		there is hereby appropriated to the State Employees' Retirement
10		System of Illinois on a continuing basis from the General
11		Revenue Fund an additional aggregate amount equal to the Fiscal
12		Year 2016 Shortfall.
13		(a-4) If a Prior Fiscal Year Shortfall is certified under
14		subsection (k) of Section 14-131 of the Illinois Pension Code,
15		there is hereby appropriated to the State Employees' Retirement
16		System of Illinois on a continuing basis from the General
17		Revenue Fund an additional aggregate amount equal to the Fiscal
18		Year 2018 2017 Shortfall.
19		(b) The continuing appropriations provided for by this
20		Section shall first be available in State fiscal year 1996.
21		(c) Beginning in Fiscal Year 2005, any continuing
22		appropriation under this Section arising out of an
23		appropriation for personal services from the Road Fund to the
24		Department of State Police or the Secretary of State shall be
25		payable from the General Revenue Fund rather than the Road
26		Fund.

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1		(d) For State fiscal year 2010 only, a continuing
2		appropriation is provided to the State Employees' Retirement
3		System equal to the amount certified by the System on or before
4		December 31, 2008, less the gross proceeds of the bonds sold in
5		fiscal year 2010 under the authorization contained in
6		subsection (a) of Section 7.2 of the General Obligation Bond
7		Act.
8		(e) For State fiscal year 2011 only, the continuing
9		appropriation under this Section provided to the State
10		Employees' Retirement System is limited to an amount equal to
11		the amount certified by the System on or before December 31,
12		2009, less any amounts received pursuant to subsection (a-3) of
13		Section 14.1 of the State Finance Act.
14		(f) For State fiscal year 2011 only, a continuing
15		appropriation is provided to the State Employees' Retirement
16		System equal to the amount certified by the System on or before
17		April 1, 2011, less the gross proceeds of the bonds sold in
18		fiscal year 2011 under the authorization contained in
19		subsection (a) of Section 7.2 of the General Obligation Bond
20		Act.
21		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
22		ARTICLE 15. HUMAN SERVICES
23		Section 15-5. The Illinois Act on Aging is amended by
24		changing Section 4.02 as follows:

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1		(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
2		Sec. 4.02. Community Care Program. The Department shall
3		establish a program of services to prevent unnecessary
4		institutionalization of persons age 60 and older in need of
5		long term care or who are established as persons who suffer
6		from Alzheimer's disease or a related disorder under the
7		Alzheimer's Disease Assistance Act, thereby enabling them to
8		remain in their own homes or in other living arrangements. Such
9		preventive services, which may be coordinated with other
10		programs for the aged and monitored by area agencies on aging
11		in cooperation with the Department, may include, but are not
12		limited to, any or all of the following:
13		(a) (blank);
14		(b) (blank);
15		(c) home care aide services;
16		(d) personal assistant services;
17		(e) adult day services;
18		(f) home-delivered meals;
19		(g) education in self-care;
20		(h) personal care services;
21		(i) adult day health services;
22		(j) habilitation services;
23		(k) respite care;
24		(k-5) community reintegration services;
25		(k-6) flexible senior services;

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1		(k-7) medication management;
2		(k-8) emergency home response;
3		(l) other nonmedical social services that may enable
4		the person to become self-supporting; or
5		(m) clearinghouse for information provided by senior
6		citizen home owners who want to rent rooms to or share
7		living space with other senior citizens.
8		The Department shall establish eligibility standards for
9		such services. In determining the amount and nature of services
10		for which a person may qualify, consideration shall not be
11		given to the value of cash, property or other assets held in
12		the name of the person's spouse pursuant to a written agreement
13		dividing marital property into equal but separate shares or
14		pursuant to a transfer of the person's interest in a home to
15		his spouse, provided that the spouse's share of the marital
16		property is not made available to the person seeking such
17		services.
18		Beginning January 1, 2008, the Department shall require as
19		a condition of eligibility that all new financially eligible
20		applicants apply for and enroll in medical assistance under
21		Article V of the Illinois Public Aid Code in accordance with
22		rules promulgated by the Department.
23		The Department shall, in conjunction with the Department of
24		Public Aid (now Department of Healthcare and Family Services),
25		seek appropriate amendments under Sections 1915 and 1924 of the
26		Social Security Act. The purpose of the amendments shall be to

HB3342 Enrolled - 90 - LRB100 08528 SMS 18653 b
1		extend eligibility for home and community based services under
2		Sections 1915 and 1924 of the Social Security Act to persons
3		who transfer to or for the benefit of a spouse those amounts of
4		income and resources allowed under Section 1924 of the Social
5		Security Act. Subject to the approval of such amendments, the
6		Department shall extend the provisions of Section 5-4 of the
7		Illinois Public Aid Code to persons who, but for the provision
8		of home or community-based services, would require the level of
9		care provided in an institution, as is provided for in federal
10		law. Those persons no longer found to be eligible for receiving
11		noninstitutional services due to changes in the eligibility
12		criteria shall be given 45 days notice prior to actual
13		termination. Those persons receiving notice of termination may
14		contact the Department and request the determination be
15		appealed at any time during the 45 day notice period. The
16		target population identified for the purposes of this Section
17		are persons age 60 and older with an identified service need.
18		Priority shall be given to those who are at imminent risk of
19		institutionalization. The services shall be provided to
20		eligible persons age 60 and older to the extent that the cost
21		of the services together with the other personal maintenance
22		expenses of the persons are reasonably related to the standards
23		established for care in a group facility appropriate to the
24		person's condition. These non-institutional services, pilot
25		projects or experimental facilities may be provided as part of
26		or in addition to those authorized by federal law or those

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1		funded and administered by the Department of Human Services.
2		The Departments of Human Services, Healthcare and Family
3		Services, Public Health, Veterans' Affairs, and Commerce and
4		Economic Opportunity and other appropriate agencies of State,
5		federal and local governments shall cooperate with the
6		Department on Aging in the establishment and development of the
7		non-institutional services. The Department shall require an
8		annual audit from all personal assistant and home care aide
9		vendors contracting with the Department under this Section. The
10		annual audit shall assure that each audited vendor's procedures
11		are in compliance with Department's financial reporting
12		guidelines requiring an administrative and employee wage and
13		benefits cost split as defined in administrative rules. The
14		audit is a public record under the Freedom of Information Act.
15		The Department shall execute, relative to the nursing home
16		prescreening project, written inter-agency agreements with the
17		Department of Human Services and the Department of Healthcare
18		and Family Services, to effect the following: (1) intake
19		procedures and common eligibility criteria for those persons
20		who are receiving non-institutional services; and (2) the
21		establishment and development of non-institutional services in
22		areas of the State where they are not currently available or
23		are undeveloped. On and after July 1, 1996, all nursing home
24		prescreenings for individuals 60 years of age or older shall be
25		conducted by the Department.
26		As part of the Department on Aging's routine training of

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1		case managers and case manager supervisors, the Department may
2		include information on family futures planning for persons who
3		are age 60 or older and who are caregivers of their adult
4		children with developmental disabilities. The content of the
5		training shall be at the Department's discretion.
6		The Department is authorized to establish a system of
7		recipient copayment for services provided under this Section,
8		such copayment to be based upon the recipient's ability to pay
9		but in no case to exceed the actual cost of the services
10		provided. Additionally, any portion of a person's income which
11		is equal to or less than the federal poverty standard shall not
12		be considered by the Department in determining the copayment.
13		The level of such copayment shall be adjusted whenever
14		necessary to reflect any change in the officially designated
15		federal poverty standard.
16		The Department, or the Department's authorized
17		representative, may recover the amount of moneys expended for
18		services provided to or in behalf of a person under this
19		Section by a claim against the person's estate or against the
20		estate of the person's surviving spouse, but no recovery may be
21		had until after the death of the surviving spouse, if any, and
22		then only at such time when there is no surviving child who is
23		under age 21 or blind or who has a permanent and total
24		disability. This paragraph, however, shall not bar recovery, at
25		the death of the person, of moneys for services provided to the
26		person or in behalf of the person under this Section to which

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1		the person was not entitled; provided that such recovery shall
2		not be enforced against any real estate while it is occupied as
3		a homestead by the surviving spouse or other dependent, if no
4		claims by other creditors have been filed against the estate,
5		or, if such claims have been filed, they remain dormant for
6		failure of prosecution or failure of the claimant to compel
7		administration of the estate for the purpose of payment. This
8		paragraph shall not bar recovery from the estate of a spouse,
9		under Sections 1915 and 1924 of the Social Security Act and
10		Section 5-4 of the Illinois Public Aid Code, who precedes a
11		person receiving services under this Section in death. All
12		moneys for services paid to or in behalf of the person under
13		this Section shall be claimed for recovery from the deceased
14		spouse's estate. "Homestead", as used in this paragraph, means
15		the dwelling house and contiguous real estate occupied by a
16		surviving spouse or relative, as defined by the rules and
17		regulations of the Department of Healthcare and Family
18		Services, regardless of the value of the property.
19		The Department shall increase the effectiveness of the
20		existing Community Care Program by:
21		(1) ensuring that in-home services included in the care
22		plan are available on evenings and weekends;
23		(2) ensuring that care plans contain the services that
24		eligible participants need based on the number of days in a
25		month, not limited to specific blocks of time, as
26		identified by the comprehensive assessment tool selected

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1		by the Department for use statewide, not to exceed the
2		total monthly service cost maximum allowed for each
3		service; the Department shall develop administrative rules
4		to implement this item (2);
5		(3) ensuring that the participants have the right to
6		choose the services contained in their care plan and to
7		direct how those services are provided, based on
8		administrative rules established by the Department;
9		(4) ensuring that the determination of need tool is
10		accurate in determining the participants' level of need; to
11		achieve this, the Department, in conjunction with the Older
12		Adult Services Advisory Committee, shall institute a study
13		of the relationship between the Determination of Need
14		scores, level of need, service cost maximums, and the
15		development and utilization of service plans no later than
16		May 1, 2008; findings and recommendations shall be
17		presented to the Governor and the General Assembly no later
18		than January 1, 2009; recommendations shall include all
19		needed changes to the service cost maximums schedule and
20		additional covered services;
21		(5) ensuring that homemakers can provide personal care
22		services that may or may not involve contact with clients,
23		including but not limited to:
24		(A) bathing;
25		(B) grooming;
26		(C) toileting;

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1		(D) nail care;
2		(E) transferring;
3		(F) respiratory services;
4		(G) exercise; or
5		(H) positioning;
6		(6) ensuring that homemaker program vendors are not
7		restricted from hiring homemakers who are family members of
8		clients or recommended by clients; the Department may not,
9		by rule or policy, require homemakers who are family
10		members of clients or recommended by clients to accept
11		assignments in homes other than the client;
12		(7) ensuring that the State may access maximum federal
13		matching funds by seeking approval for the Centers for
14		Medicare and Medicaid Services for modifications to the
15		State's home and community based services waiver and
16		additional waiver opportunities, including applying for
17		enrollment in the Balance Incentive Payment Program by May
18		1, 2013, in order to maximize federal matching funds; this
19		shall include, but not be limited to, modification that
20		reflects all changes in the Community Care Program services
21		and all increases in the services cost maximum;
22		(8) ensuring that the determination of need tool
23		accurately reflects the service needs of individuals with
24		Alzheimer's disease and related dementia disorders;
25		(9) ensuring that services are authorized accurately
26		and consistently for the Community Care Program (CCP); the

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1		Department shall implement a Service Authorization policy
2		directive; the purpose shall be to ensure that eligibility
3		and services are authorized accurately and consistently in
4		the CCP program; the policy directive shall clarify service
5		authorization guidelines to Care Coordination Units and
6		Community Care Program providers no later than May 1, 2013;
7		(10) working in conjunction with Care Coordination
8		Units, the Department of Healthcare and Family Services,
9		the Department of Human Services, Community Care Program
10		providers, and other stakeholders to make improvements to
11		the Medicaid claiming processes and the Medicaid
12		enrollment procedures or requirements as needed,
13		including, but not limited to, specific policy changes or
14		rules to improve the up-front enrollment of participants in
15		the Medicaid program and specific policy changes or rules
16		to insure more prompt submission of bills to the federal
17		government to secure maximum federal matching dollars as
18		promptly as possible; the Department on Aging shall have at
19		least 3 meetings with stakeholders by January 1, 2014 in
20		order to address these improvements;
21		(11) requiring home care service providers to comply
22		with the rounding of hours worked provisions under the
23		federal Fair Labor Standards Act (FLSA) and as set forth in
24		29 CFR 785.48(b) by May 1, 2013;
25		(12) implementing any necessary policy changes or
26		promulgating any rules, no later than January 1, 2014, to

HB3342 Enrolled - 97 - LRB100 08528 SMS 18653 b
1		assist the Department of Healthcare and Family Services in
2		moving as many participants as possible, consistent with
3		federal regulations, into coordinated care plans if a care
4		coordination plan that covers long term care is available
5		in the recipient's area; and
6		(13) maintaining fiscal year 2014 rates at the same
7		level established on January 1, 2013.
8		By January 1, 2009 or as soon after the end of the Cash and
9		Counseling Demonstration Project as is practicable, the
10		Department may, based on its evaluation of the demonstration
11		project, promulgate rules concerning personal assistant
12		services, to include, but need not be limited to,
13		qualifications, employment screening, rights under fair labor
14		standards, training, fiduciary agent, and supervision
15		requirements. All applicants shall be subject to the provisions
16		of the Health Care Worker Background Check Act.
17		The Department shall develop procedures to enhance
18		availability of services on evenings, weekends, and on an
19		emergency basis to meet the respite needs of caregivers.
20		Procedures shall be developed to permit the utilization of
21		services in successive blocks of 24 hours up to the monthly
22		maximum established by the Department. Workers providing these
23		services shall be appropriately trained.
24		Beginning on the effective date of this amendatory Act of
25		1991, no person may perform chore/housekeeping and home care
26		aide services under a program authorized by this Section unless

HB3342 Enrolled - 98 - LRB100 08528 SMS 18653 b
1		that person has been issued a certificate of pre-service to do
2		so by his or her employing agency. Information gathered to
3		effect such certification shall include (i) the person's name,
4		(ii) the date the person was hired by his or her current
5		employer, and (iii) the training, including dates and levels.
6		Persons engaged in the program authorized by this Section
7		before the effective date of this amendatory Act of 1991 shall
8		be issued a certificate of all pre- and in-service training
9		from his or her employer upon submitting the necessary
10		information. The employing agency shall be required to retain
11		records of all staff pre- and in-service training, and shall
12		provide such records to the Department upon request and upon
13		termination of the employer's contract with the Department. In
14		addition, the employing agency is responsible for the issuance
15		of certifications of in-service training completed to their
16		employees.
17		The Department is required to develop a system to ensure
18		that persons working as home care aides and personal assistants
19		receive increases in their wages when the federal minimum wage
20		is increased by requiring vendors to certify that they are
21		meeting the federal minimum wage statute for home care aides
22		and personal assistants. An employer that cannot ensure that
23		the minimum wage increase is being given to home care aides and
24		personal assistants shall be denied any increase in
25		reimbursement costs.
26		The Community Care Program Advisory Committee is created in

HB3342 Enrolled - 99 - LRB100 08528 SMS 18653 b
1		the Department on Aging. The Director shall appoint individuals
2		to serve in the Committee, who shall serve at their own
3		expense. Members of the Committee must abide by all applicable
4		ethics laws. The Committee shall advise the Department on
5		issues related to the Department's program of services to
6		prevent unnecessary institutionalization. The Committee shall
7		meet on a bi-monthly basis and shall serve to identify and
8		advise the Department on present and potential issues affecting
9		the service delivery network, the program's clients, and the
10		Department and to recommend solution strategies. Persons
11		appointed to the Committee shall be appointed on, but not
12		limited to, their own and their agency's experience with the
13		program, geographic representation, and willingness to serve.
14		The Director shall appoint members to the Committee to
15		represent provider, advocacy, policy research, and other
16		constituencies committed to the delivery of high quality home
17		and community-based services to older adults. Representatives
18		shall be appointed to ensure representation from community care
19		providers including, but not limited to, adult day service
20		providers, homemaker providers, case coordination and case
21		management units, emergency home response providers, statewide
22		trade or labor unions that represent home care aides and direct
23		care staff, area agencies on aging, adults over age 60,
24		membership organizations representing older adults, and other
25		organizational entities, providers of care, or individuals
26		with demonstrated interest and expertise in the field of home

HB3342 Enrolled - 100 - LRB100 08528 SMS 18653 b
1		and community care as determined by the Director.
2		Nominations may be presented from any agency or State
3		association with interest in the program. The Director, or his
4		or her designee, shall serve as the permanent co-chair of the
5		advisory committee. One other co-chair shall be nominated and
6		approved by the members of the committee on an annual basis.
7		Committee members' terms of appointment shall be for 4 years
8		with one-quarter of the appointees' terms expiring each year. A
9		member shall continue to serve until his or her replacement is
10		named. The Department shall fill vacancies that have a
11		remaining term of over one year, and this replacement shall
12		occur through the annual replacement of expiring terms. The
13		Director shall designate Department staff to provide technical
14		assistance and staff support to the committee. Department
15		representation shall not constitute membership of the
16		committee. All Committee papers, issues, recommendations,
17		reports, and meeting memoranda are advisory only. The Director,
18		or his or her designee, shall make a written report, as
19		requested by the Committee, regarding issues before the
20		Committee.
21		The Department on Aging and the Department of Human
22		Services shall cooperate in the development and submission of
23		an annual report on programs and services provided under this
24		Section. Such joint report shall be filed with the Governor and
25		the General Assembly on or before September 30 each year.
26		The requirement for reporting to the General Assembly shall

HB3342 Enrolled - 101 - LRB100 08528 SMS 18653 b
1		be satisfied by filing copies of the report with the Speaker,
2		the Minority Leader and the Clerk of the House of
3		Representatives and the President, the Minority Leader and the
4		Secretary of the Senate and the Legislative Research Unit, as
5		required by Section 3.1 of the General Assembly Organization
6		Act and filing such additional copies with the State Government
7		Report Distribution Center for the General Assembly as is
8		required under paragraph (t) of Section 7 of the State Library
9		Act.
10		Those persons previously found eligible for receiving
11		non-institutional services whose services were discontinued
12		under the Emergency Budget Act of Fiscal Year 1992, and who do
13		not meet the eligibility standards in effect on or after July
14		1, 1992, shall remain ineligible on and after July 1, 1992.
15		Those persons previously not required to cost-share and who
16		were required to cost-share effective March 1, 1992, shall
17		continue to meet cost-share requirements on and after July 1,
18		1992. Beginning July 1, 1992, all clients will be required to
19		meet eligibility, cost-share, and other requirements and will
20		have services discontinued or altered when they fail to meet
21		these requirements.
22		For the purposes of this Section, "flexible senior
23		services" refers to services that require one-time or periodic
24		expenditures including, but not limited to, respite care, home
25		modification, assistive technology, housing assistance, and
26		transportation.

HB3342 Enrolled - 102 - LRB100 08528 SMS 18653 b
1		The Department shall implement an electronic service
2		verification based on global positioning systems or other
3		cost-effective technology for the Community Care Program no
4		later than January 1, 2014.
5		The Department shall require, as a condition of
6		eligibility, enrollment in the medical assistance program
7		under Article V of the Illinois Public Aid Code (i) beginning
8		August 1, 2013, if the Auditor General has reported that the
9		Department has failed to comply with the reporting requirements
10		of Section 2-27 of the Illinois State Auditing Act; or (ii)
11		beginning June 1, 2014, if the Auditor General has reported
12		that the Department has not undertaken the required actions
13		listed in the report required by subsection (a) of Section 2-27
14		of the Illinois State Auditing Act.
15		The Department shall delay Community Care Program services
16		until an applicant is determined eligible for medical
17		assistance under Article V of the Illinois Public Aid Code (i)
18		beginning August 1, 2013, if the Auditor General has reported
19		that the Department has failed to comply with the reporting
20		requirements of Section 2-27 of the Illinois State Auditing
21		Act; or (ii) beginning June 1, 2014, if the Auditor General has
22		reported that the Department has not undertaken the required
23		actions listed in the report required by subsection (a) of
24		Section 2-27 of the Illinois State Auditing Act.
25		The Department shall implement co-payments for the
26		Community Care Program at the federally allowable maximum level

HB3342 Enrolled - 103 - LRB100 08528 SMS 18653 b
1		(i) beginning August 1, 2013, if the Auditor General has
2		reported that the Department has failed to comply with the
3		reporting requirements of Section 2-27 of the Illinois State
4		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
5		General has reported that the Department has not undertaken the
6		required actions listed in the report required by subsection
7		(a) of Section 2-27 of the Illinois State Auditing Act.
8		The Department shall provide a bi-monthly report on the
9		progress of the Community Care Program reforms set forth in
10		this amendatory Act of the 98th General Assembly to the
11		Governor, the Speaker of the House of Representatives, the
12		Minority Leader of the House of Representatives, the President
13		of the Senate, and the Minority Leader of the Senate.
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 of
18		the House of Representatives, the President of the Senate, and
19		the Minority Leader of the Senate. The Department shall collect
20		and report longitudinal data on the performance of each care
21		coordination unit. Nothing in this paragraph shall be construed
22		to require the Department to identify specific care
23		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,

HB3342 Enrolled - 104 - LRB100 08528 SMS 18653 b
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 provider
6		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 be
9		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) this amendatory Act of the 100th General
14		Assembly, rates shall be increased to $18.29 per hour, for the
15		purpose of increasing, by at least $.72 per hour, the wages
16		paid by those vendors to their employees who provide homemaker
17		services. The Department shall pay an enhanced rate under the
18		Community Care Program to those in-home service provider
19		agencies that offer health insurance coverage as a benefit to
20		their direct service worker employees consistent with the
21		mandates of Public Act 95-713. For State fiscal years year 2018
22		and 2019, the enhanced rate shall be $1.77 per hour. The rate
23		shall be adjusted using actuarial analysis based on the cost of
24		care, but shall not be set below $1.77 per hour. The Department
25		shall adopt rules, including emergency rules under subsections
26		subsection (y) and (bb) of Section 5-45 of the Illinois

HB3342 Enrolled - 105 - LRB100 08528 SMS 18653 b
1		Administrative Procedure Act, to implement the provisions of
2		this paragraph.
3		The General Assembly finds it necessary to authorize an
4		aggressive Medicaid enrollment initiative designed to maximize
5		federal Medicaid funding for the Community Care Program which
6		produces significant savings for the State of Illinois. The
7		Department on Aging shall establish and implement a Community
8		Care Program Medicaid Initiative. Under the Initiative, the
9		Department on Aging shall, at a minimum: (i) provide an
10		enhanced rate to adequately compensate care coordination units
11		to enroll eligible Community Care Program clients into
12		Medicaid; (ii) use recommendations from a stakeholder
13		committee on how best to implement the Initiative; and (iii)
14		establish requirements for State agencies to make enrollment in
15		the State's Medical Assistance program easier for seniors.
16		The Community Care Program Medicaid Enrollment Oversight
17		Subcommittee is created as a subcommittee of the Older Adult
18		Services Advisory Committee established in Section 35 of the
19		Older Adult Services Act to make recommendations on how best to
20		increase the number of medical assistance recipients who are
21		enrolled in the Community Care Program. The Subcommittee shall
22		consist of all of the following persons who must be appointed
23		within 30 days after the effective date of this amendatory Act
24		of the 100th General Assembly:
25		(1) The Director of Aging, or his or her designee, who
26		shall serve as the chairperson of the Subcommittee.

HB3342 Enrolled - 106 - LRB100 08528 SMS 18653 b
1		(2) One representative of the Department of Healthcare
2		and Family Services, appointed by the Director of
3		Healthcare and Family Services.
4		(3) One representative of the Department of Human
5		Services, appointed by the Secretary of Human Services.
6		(4) One individual representing a care coordination
7		unit, appointed by the Director of Aging.
8		(5) One individual from a non-governmental statewide
9		organization that advocates for seniors, appointed by the
10		Director of Aging.
11		(6) One individual representing Area Agencies on
12		Aging, appointed by the Director of Aging.
13		(7) One individual from a statewide association
14		dedicated to Alzheimer's care, support, and research,
15		appointed by the Director of Aging.
16		(8) One individual from an organization that employs
17		persons who provide services under the Community Care
18		Program, appointed by the Director of Aging.
19		(9) One member of a trade or labor union representing
20		persons who provide services under the Community Care
21		Program, appointed by the Director of Aging.
22		(10) One member of the Senate, who shall serve as
23		co-chairperson, appointed by the President of the Senate.
24		(11) One member of the Senate, who shall serve as
25		co-chairperson, appointed by the Minority Leader of the
26		Senate.

HB3342 Enrolled - 107 - LRB100 08528 SMS 18653 b
1		(12) One member of the House of Representatives, who
2		shall serve as co-chairperson, appointed by the Speaker of
3		the House of Representatives.
4		(13) One member of the House of Representatives, who
5		shall serve as co-chairperson, appointed by the Minority
6		Leader of the House of Representatives.
7		(14) One individual appointed by a labor organization
8		representing frontline employees at the Department of
9		Human Services.
10		The Subcommittee shall provide oversight to the Community
11		Care Program Medicaid Initiative and shall meet quarterly. At
12		each Subcommittee meeting the Department on Aging shall provide
13		the following data sets to the Subcommittee: (A) the number of
14		Illinois residents, categorized by planning and service area,
15		who are receiving services under the Community Care Program and
16		are enrolled in the State's Medical Assistance Program; (B) the
17		number of Illinois residents, categorized by planning and
18		service area, who are receiving services under the Community
19		Care Program, but are not enrolled in the State's Medical
20		Assistance Program; and (C) the number of Illinois residents,
21		categorized by planning and service area, who are receiving
22		services under the Community Care Program and are eligible for
23		benefits under the State's Medical Assistance Program, but are
24		not enrolled in the State's Medical Assistance Program. In
25		addition to this data, the Department on Aging shall provide
26		the Subcommittee with plans on how the Department on Aging will

HB3342 Enrolled - 108 - LRB100 08528 SMS 18653 b
1		reduce the number of Illinois residents who are not enrolled in
2		the State's Medical Assistance Program but who are eligible for
3		medical assistance benefits. The Department on Aging shall
4		enroll in the State's Medical Assistance Program those Illinois
5		residents who receive services under the Community Care Program
6		and are eligible for medical assistance benefits but are not
7		enrolled in the State's Medicaid Assistance Program. The data
8		provided to the Subcommittee shall be made available to the
9		public via 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.

HB3342 Enrolled - 109 - LRB100 08528 SMS 18653 b
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		The Community Care Program Medicaid Initiative shall cease
7		operation 5 years after the effective date of this amendatory
8		Act of the 100th General Assembly, after which the Subcommittee
9		shall dissolve.
10		(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
11		Section 15-10. The Alcoholism and Other Drug Abuse and
12		Dependency Act is amended by adding Section 55-30 as follows:
13		(20 ILCS 301/55-30)
14		Sec. 55-30. Rate increase.
15		(a) Within 30 days after July 6, 2017 (the effective date
16		of Public Act 100-23) this amendatory Act of the 100th General
17		Assembly, the Division of Alcoholism and Substance Abuse shall
18		by rule develop the increased rate methodology and annualize
19		the increased rate beginning with State fiscal year 2018
20		contracts to licensed providers of community based addiction
21		treatment, based on the additional amounts appropriated for the
22		purpose of providing a rate increase to licensed providers of
23		community based addiction treatment. The Department shall
24		adopt rules, including emergency rules under subsection (y) of

HB3342 Enrolled - 110 - LRB100 08528 SMS 18653 b
1		Section 5-45 of the Illinois Administrative Procedure Act, to
2		implement the provisions of this Section.
3		(b) Within 30 days after the effective date of this
4		amendatory Act of the 100th General Assembly, the Division of
5		Substance Use Prevention and Recovery shall apply an increase
6		in rates of 3% above the rate paid on June 30, 2017 to all
7		Medicaid and non-Medicaid reimbursable service rates. The
8		Department shall adopt rules, including emergency rules under
9		subsection (bb) of Section 5-45 of the Illinois Administrative
10		Procedure Act, to implement the provisions of this subsection
11		(b).
12		(Source: P.A. 100-23, eff. 7-6-17.)
13		Section 15-15. The Mental Health and Developmental
14		Disabilities Administrative Act is amended by adding Section 75
15		as follows:
16		(20 ILCS 1705/75)
17		Sec. 75. Rate increase. Within 30 days after July 6, 2017
18		(the effective date of Public Act 100-23) this amendatory Act
19		of the 100th General Assembly, the Division of Mental Health
20		shall by rule develop the increased rate methodology and
21		annualize the increased rate beginning with State fiscal year
22		2018 contracts to certified community mental health centers,
23		based on the additional amounts appropriated for the purpose of
24		providing a rate increase to certified community mental health

HB3342 Enrolled - 111 - LRB100 08528 SMS 18653 b
1		centers, with the annualization to be maintained in State
2		fiscal year 2019. The Department shall adopt rules, including
3		emergency rules under subsections subsection (y) and (bb) of
4		Section 5-45 of the Illinois Administrative Procedure Act, to
5		implement the provisions of this Section.
6		(Source: P.A. 100-23, eff. 7-6-17.)
7		Section 15-20. The Rehabilitation of Persons with
8		Disabilities Act is amended by changing Section 3 as follows:
9		(20 ILCS 2405/3) (from Ch. 23, par. 3434)
10		Sec. 3. Powers and duties. The Department shall have the
11		powers and duties enumerated herein:
12		(a) To co-operate with the federal government in the
13		administration of the provisions of the federal
14		Rehabilitation Act of 1973, as amended, of the Workforce
15		Innovation and Opportunity Act, and of the federal Social
16		Security Act to the extent and in the manner provided in
17		these Acts.
18		(b) To prescribe and supervise such courses of
19		vocational training and provide such other services as may
20		be necessary for the habilitation and rehabilitation of
21		persons with one or more disabilities, including the
22		administrative activities under subsection (e) of this
23		Section, and to co-operate with State and local school
24		authorities and other recognized agencies engaged in

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1		habilitation, rehabilitation and comprehensive
2		rehabilitation services; and to cooperate with the
3		Department of Children and Family Services regarding the
4		care and education of children with one or more
5		disabilities.
6		(c) (Blank).
7		(d) To report in writing, to the Governor, annually on
8		or before the first day of December, and at such other
9		times and in such manner and upon such subjects as the
10		Governor may require. The annual report shall contain (1) a
11		statement of the existing condition of comprehensive
12		rehabilitation services, habilitation and rehabilitation
13		in the State; (2) a statement of suggestions and
14		recommendations with reference to the development of
15		comprehensive rehabilitation services, habilitation and
16		rehabilitation in the State; and (3) an itemized statement
17		of the amounts of money received from federal, State and
18		other sources, and of the objects and purposes to which the
19		respective items of these several amounts have been
20		devoted.
21		(e) (Blank).
22		(f) To establish a program of services to prevent the
23		unnecessary institutionalization of persons in need of
24		long term care and who meet the criteria for blindness or
25		disability as defined by the Social Security Act, thereby
26		enabling them to remain in their own homes. Such preventive

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1		services include any or all of the following:
2		(1) personal assistant services;
3		(2) homemaker services;
4		(3) home-delivered meals;
5		(4) adult day care services;
6		(5) respite care;
7		(6) home modification or assistive equipment;
8		(7) home health services;
9		(8) electronic home response;
10		(9) brain injury behavioral/cognitive services;
11		(10) brain injury habilitation;
12		(11) brain injury pre-vocational services; or
13		(12) brain injury supported employment.
14		The Department shall establish eligibility standards
15		for such services taking into consideration the unique
16		economic and social needs of the population for whom they
17		are to be provided. Such eligibility standards may be based
18		on the recipient's ability to pay for services; provided,
19		however, that any portion of a person's income that is
20		equal to or less than the "protected income" level shall
21		not be considered by the Department in determining
22		eligibility. The "protected income" level shall be
23		determined by the Department, shall never be less than the
24		federal poverty standard, and shall be adjusted each year
25		to reflect changes in the Consumer Price Index For All
26		Urban Consumers as determined by the United States

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1		Department of Labor. The standards must provide that a
2		person may not have more than $10,000 in assets to be
3		eligible for the services, and the Department may increase
4		or decrease the asset limitation by rule. The Department
5		may not decrease the asset level below $10,000.
6		The services shall be provided, as established by the
7		Department by rule, to eligible persons to prevent
8		unnecessary or premature institutionalization, to the
9		extent that the cost of the services, together with the
10		other personal maintenance expenses of the persons, are
11		reasonably related to the standards established for care in
12		a group facility appropriate to their condition. These
13		non-institutional services, pilot projects or experimental
14		facilities may be provided as part of or in addition to
15		those authorized by federal law or those funded and
16		administered by the Illinois Department on Aging. The
17		Department shall set rates and fees for services in a fair
18		and equitable manner. Services identical to those offered
19		by the Department on Aging shall be paid at the same rate.
20		Except as otherwise provided in this paragraph,
21		personal Personal assistants shall be paid at a rate
22		negotiated between the State and an exclusive
23		representative of personal assistants under a collective
24		bargaining agreement. In no case shall the Department pay
25		personal assistants an hourly wage that is less than the
26		federal minimum wage. Within 30 days after July 6, 2017

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1		(the effective date of Public Act 100-23) this amendatory
2		Act of the 100th General Assembly, the hourly wage paid to
3		personal assistants and individual maintenance home health
4		workers shall be increased by $0.48 per hour.
5		Solely for the purposes of coverage under the Illinois
6		Public Labor Relations Act, personal assistants providing
7		services under the Department's Home Services Program
8		shall be considered to be public employees and the State of
9		Illinois shall be considered to be their employer as of
10		July 16, 2003 (the effective date of Public Act 93-204)
11		this amendatory Act of the 93rd General Assembly, but not
12		before. Solely for the purposes of coverage under the
13		Illinois Public Labor Relations Act, home care and home
14		health workers who function as personal assistants and
15		individual maintenance home health workers and who also
16		provide services under the Department's Home Services
17		Program shall be considered to be public employees, no
18		matter whether the State provides such services through
19		direct fee-for-service arrangements, with the assistance
20		of a managed care organization or other intermediary, or
21		otherwise, and the State of Illinois shall be considered to
22		be the employer of those persons as of January 29, 2013
23		(the effective date of Public Act 97-1158), but not before
24		except as otherwise provided under this subsection (f). The
25		State shall engage in collective bargaining with an
26		exclusive representative of home care and home health

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1		workers who function as personal assistants and individual
2		maintenance home health workers working under the Home
3		Services Program concerning their terms and conditions of
4		employment that are within the State's control. Nothing in
5		this paragraph shall be understood to limit the right of
6		the persons receiving services defined in this Section to
7		hire and fire home care and home health workers who
8		function as personal assistants and individual maintenance
9		home health workers working under the Home Services Program
10		or to supervise them within the limitations set by the Home
11		Services Program. The State shall not be considered to be
12		the employer of home care and home health workers who
13		function as personal assistants and individual maintenance
14		home health workers working under the Home Services Program
15		for any purposes not specifically provided in Public Act
16		93-204 or Public Act 97-1158, including but not limited to,
17		purposes of vicarious liability in tort and purposes of
18		statutory retirement or health insurance benefits. Home
19		care and home health workers who function as personal
20		assistants and individual maintenance home health workers
21		and who also provide services under the Department's Home
22		Services Program shall not be covered by the State
23		Employees Group Insurance Act of 1971.
24		The Department shall execute, relative to nursing home
25		prescreening, as authorized by Section 4.03 of the Illinois
26		Act on the Aging, written inter-agency agreements with the

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1		Department on Aging and the Department of Healthcare and
2		Family Services, to effect the intake procedures and
3		eligibility criteria for those persons who may need long
4		term care. On and after July 1, 1996, all nursing home
5		prescreenings for individuals 18 through 59 years of age
6		shall be conducted by the Department, or a designee of the
7		Department.
8		The Department is authorized to establish a system of
9		recipient cost-sharing for services provided under this
10		Section. The cost-sharing shall be based upon the
11		recipient's ability to pay for services, but in no case
12		shall the recipient's share exceed the actual cost of the
13		services provided. Protected income shall not be
14		considered by the Department in its determination of the
15		recipient's ability to pay a share of the cost of services.
16		The level of cost-sharing shall be adjusted each year to
17		reflect changes in the "protected income" level. The
18		Department shall deduct from the recipient's share of the
19		cost of services any money expended by the recipient for
20		disability-related expenses.
21		To the extent permitted under the federal Social
22		Security Act, the Department, or the Department's
23		authorized representative, may recover the amount of
24		moneys expended for services provided to or in behalf of a
25		person under this Section by a claim against the person's
26		estate or against the estate of the person's surviving

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1		spouse, but no recovery may be had until after the death of
2		the surviving spouse, if any, and then only at such time
3		when there is no surviving child who is under age 21 or
4		blind or who has a permanent and total disability. This
5		paragraph, however, shall not bar recovery, at the death of
6		the person, of moneys for services provided to the person
7		or in behalf of the person under this Section to which the
8		person was not entitled; provided that such recovery shall
9		not be enforced against any real estate while it is
10		occupied as a homestead by the surviving spouse or other
11		dependent, if no claims by other creditors have been filed
12		against the estate, or, if such claims have been filed,
13		they remain dormant for failure of prosecution or failure
14		of the claimant to compel administration of the estate for
15		the purpose of payment. This paragraph shall not bar
16		recovery from the estate of a spouse, under Sections 1915
17		and 1924 of the Social Security Act and Section 5-4 of the
18		Illinois Public Aid Code, who precedes a person receiving
19		services under this Section in death. All moneys for
20		services paid to or in behalf of the person under this
21		Section shall be claimed for recovery from the deceased
22		spouse's estate. "Homestead", as used in this paragraph,
23		means the dwelling house and contiguous real estate
24		occupied by a surviving spouse or relative, as defined by
25		the rules and regulations of the Department of Healthcare
26		and Family Services, regardless of the value of the

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1		property.
2		The Department shall submit an annual report on
3		programs and services provided under this Section. The
4		report shall be filed with the Governor and the General
5		Assembly on or before March 30 each year.
6		The requirement for reporting to the General Assembly
7		shall be satisfied by filing copies of the report with the
8		Speaker, the Minority Leader and the Clerk of the House of
9		Representatives and the President, the Minority Leader and
10		the Secretary of the Senate and the Legislative Research
11		Unit, as required by Section 3.1 of the General Assembly
12		Organization Act, and filing additional copies with the
13		State Government Report Distribution Center for the
14		General Assembly as required under paragraph (t) of Section
15		7 of the State Library Act.
16		(g) To establish such subdivisions of the Department as
17		shall be desirable and assign to the various subdivisions
18		the responsibilities and duties placed upon the Department
19		by law.
20		(h) To cooperate and enter into any necessary
21		agreements with the Department of Employment Security for
22		the provision of job placement and job referral services to
23		clients of the Department, including job service
24		registration of such clients with Illinois Employment
25		Security offices and making job listings maintained by the
26		Department of Employment Security available to such

HB3342 Enrolled - 120 - LRB100 08528 SMS 18653 b
1		clients.
2		(i) To possess all powers reasonable and necessary for
3		the exercise and administration of the powers, duties and
4		responsibilities of the Department which are provided for
5		by law.
6		(j) (Blank).
7		(k) (Blank).
8		(l) To establish, operate, and maintain a Statewide
9		Housing Clearinghouse of information on available,
10		government subsidized housing accessible to persons with
11		disabilities and available privately owned housing
12		accessible to persons with disabilities. The information
13		shall include, but not be limited to, the location, rental
14		requirements, access features and proximity to public
15		transportation of available housing. The Clearinghouse
16		shall consist of at least a computerized database for the
17		storage and retrieval of information and a separate or
18		shared toll free telephone number for use by those seeking
19		information from the Clearinghouse. Department offices and
20		personnel throughout the State shall also assist in the
21		operation of the Statewide Housing Clearinghouse.
22		Cooperation with local, State, and federal housing
23		managers shall be sought and extended in order to
24		frequently and promptly update the Clearinghouse's
25		information.
26		(m) To assure that the names and case records of

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1		persons who received or are receiving services from the
2		Department, including persons receiving vocational
3		rehabilitation, home services, or other services, and
4		those attending one of the Department's schools or other
5		supervised facility shall be confidential and not be open
6		to the general public. Those case records and reports or
7		the information contained in those records and reports
8		shall be disclosed by the Director only to proper law
9		enforcement officials, individuals authorized by a court,
10		the General Assembly or any committee or commission of the
11		General Assembly, and other persons and for reasons as the
12		Director designates by rule. Disclosure by the Director may
13		be only in accordance with other applicable law.
14		(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
15		100-477, eff. 9-8-17; revised 9-27-17.)
16		Section 15-25. The Older Adult Services Act is amended by
17		changing Section 35 as follows:
18		(320 ILCS 42/35)
19		Sec. 35. Older Adult Services Advisory Committee.
20		(a) The Older Adult Services Advisory Committee is created
21		to advise the directors of Aging, Healthcare and Family
22		Services, and Public Health on all matters related to this Act
23		and the delivery of services to older adults in general.
24		(b) The Advisory Committee shall be comprised of the

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1		following:
2		(1) The Director of Aging or his or her designee, who
3		shall serve as chair and shall be an ex officio and
4		nonvoting member.
5		(2) The Director of Healthcare and Family Services and
6		the Director of Public Health or their designees, who shall
7		serve as vice-chairs and shall be ex officio and nonvoting
8		members.
9		(3) One representative each of the Governor's Office,
10		the Department of Healthcare and Family Services, the
11		Department of Public Health, the Department of Veterans'
12		Affairs, the Department of Human Services, the Department
13		of Insurance, the Department of Commerce and Economic
14		Opportunity, the Department on Aging, the Department on
15		Aging's State Long Term Care Ombudsman, the Illinois
16		Housing Finance Authority, and the Illinois Housing
17		Development Authority, each of whom shall be selected by
18		his or her respective director and shall be an ex officio
19		and nonvoting member.
20		(4) Thirty members appointed by the Director of Aging
21		in collaboration with the directors of Public Health and
22		Healthcare and Family Services, and selected from the
23		recommendations of statewide associations and
24		organizations, as follows:
25		(A) One member representing the Area Agencies on
26		Aging;

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1		(B) Four members representing nursing homes or
2		licensed assisted living establishments;
3		(C) One member representing home health agencies;
4		(D) One member representing case management
5		services;
6		(E) One member representing statewide senior
7		center associations;
8		(F) One member representing Community Care Program
9		homemaker services;
10		(G) One member representing Community Care Program
11		adult day services;
12		(H) One member representing nutrition project
13		directors;
14		(I) One member representing hospice programs;
15		(J) One member representing individuals with
16		Alzheimer's disease and related dementias;
17		(K) Two members representing statewide trade or
18		labor unions;
19		(L) One advanced practice registered nurse with
20		experience in gerontological nursing;
21		(M) One physician specializing in gerontology;
22		(N) One member representing regional long-term
23		care ombudsmen;
24		(O) One member representing municipal, township,
25		or county officials;
26		(P) (Blank);

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1		(Q) (Blank);
2		(R) One member representing the parish nurse
3		movement;
4		(S) One member representing pharmacists;
5		(T) Two members representing statewide
6		organizations engaging in advocacy or legal
7		representation on behalf of the senior population;
8		(U) Two family caregivers;
9		(V) Two citizen members over the age of 60;
10		(W) One citizen with knowledge in the area of
11		gerontology research or health care law;
12		(X) One representative of health care facilities
13		licensed under the Hospital Licensing Act; and
14		(Y) One representative of primary care service
15		providers.
16		The Director of Aging, in collaboration with the Directors
17		of Public Health and Healthcare and Family Services, may
18		appoint additional citizen members to the Older Adult Services
19		Advisory Committee. Each such additional member must be either
20		an individual age 60 or older or an uncompensated caregiver for
21		a family member or friend who is age 60 or older.
22		(c) Voting members of the Advisory Committee shall serve
23		for a term of 3 years or until a replacement is named. All
24		members shall be appointed no later than January 1, 2005. Of
25		the initial appointees, as determined by lot, 10 members shall
26		serve a term of one year; 10 shall serve for a term of 2 years;

HB3342 Enrolled - 125 - LRB100 08528 SMS 18653 b
1		and 12 shall serve for a term of 3 years. Any member appointed
2		to fill a vacancy occurring prior to the expiration of the term
3		for which his or her predecessor was appointed shall be
4		appointed for the remainder of that term. The Advisory
5		Committee shall meet at least quarterly and may meet more
6		frequently at the call of the Chair. A simple majority of those
7		appointed shall constitute a quorum. The affirmative vote of a
8		majority of those present and voting shall be necessary for
9		Advisory Committee action. Members of the Advisory Committee
10		shall receive no compensation for their services.
11		(d) The Advisory Committee shall have an Executive
12		Committee comprised of the Chair, the Vice Chairs, and up to 15
13		members of the Advisory Committee appointed by the Chair who
14		have demonstrated expertise in developing, implementing, or
15		coordinating the system restructuring initiatives defined in
16		Section 25. The Executive Committee shall have responsibility
17		to oversee and structure the operations of the Advisory
18		Committee and to create and appoint necessary subcommittees and
19		subcommittee members. The Advisory Committee's Community Care
20		Program Medicaid Enrollment Oversight Subcommittee shall have
21		the membership and powers and duties set forth in Section 4.02
22		of the Illinois Act on the Aging.
23		(e) The Advisory Committee shall study and make
24		recommendations related to the implementation of this Act,
25		including but not limited to system restructuring initiatives
26		as defined in Section 25 or otherwise related to this Act.

HB3342 Enrolled - 126 - LRB100 08528 SMS 18653 b
1		(Source: P.A. 100-513, eff. 1-1-18.)
2		ARTICLE 20. TAX COMPLIANCE AND ADMINISTRATION FUND
3		Section 20-5. The State Finance Act is amended by changing
4		Section 6z-20 as follows:
5		(30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
6		Sec. 6z-20. County and Mass Transit District Fund. Of the
7		money received from the 6.25% general rate (and, beginning July
8		1, 2000 and through December 31, 2000, the 1.25% rate on motor
9		fuel and gasohol, and beginning on August 6, 2010 through
10		August 15, 2010, the 1.25% rate on sales tax holiday items) on
11		sales subject to taxation under the Retailers' Occupation Tax
12		Act and Service Occupation Tax Act and paid into the County and
13		Mass Transit District Fund, distribution to the Regional
14		Transportation Authority tax fund, created pursuant to Section
15		4.03 of the Regional Transportation Authority Act, for deposit
16		therein shall be made based upon the retail sales occurring in
17		a county having more than 3,000,000 inhabitants. The remainder
18		shall be distributed to each county having 3,000,000 or fewer
19		inhabitants based upon the retail sales occurring in each such
20		county.
21		For the purpose of determining allocation to the local
22		government unit, a retail sale by a producer of coal or other
23		mineral mined in Illinois is a sale at retail at the place

HB3342 Enrolled - 127 - LRB100 08528 SMS 18653 b
1		where the coal or other mineral mined in Illinois is extracted
2		from the earth. This paragraph does not apply to coal or other
3		mineral when it is delivered or shipped by the seller to the
4		purchaser at a point outside Illinois so that the sale is
5		exempt under the United States Constitution as a sale in
6		interstate or foreign commerce.
7		Of the money received from the 6.25% general use tax rate
8		on tangible personal property which is purchased outside
9		Illinois at retail from a retailer and which is titled or
10		registered by any agency of this State's government and paid
11		into the County and Mass Transit District Fund, the amount for
12		which Illinois addresses for titling or registration purposes
13		are given as being in each county having more than 3,000,000
14		inhabitants shall be distributed into the Regional
15		Transportation Authority tax fund, created pursuant to Section
16		4.03 of the Regional Transportation Authority Act. The
17		remainder of the money paid from such sales shall be
18		distributed to each county based on sales for which Illinois
19		addresses for titling or registration purposes are given as
20		being located in the county. Any money paid into the Regional
21		Transportation Authority Occupation and Use Tax Replacement
22		Fund from the County and Mass Transit District Fund prior to
23		January 14, 1991, which has not been paid to the Authority
24		prior to that date, shall be transferred to the Regional
25		Transportation Authority tax fund.
26		Whenever the Department determines that a refund of money

HB3342 Enrolled - 128 - LRB100 08528 SMS 18653 b
1		paid into the County and Mass Transit District Fund should be
2		made to a claimant instead of issuing a credit memorandum, the
3		Department shall notify the State Comptroller, who shall cause
4		the order to be drawn for the amount specified, and to the
5		person named, in such notification from the Department. Such
6		refund shall be paid by the State Treasurer out of the County
7		and Mass Transit District Fund.
8		As soon as possible after the first day of each month,
9		beginning January 1, 2011, upon certification of the Department
10		of Revenue, the Comptroller shall order transferred, and the
11		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
12		local sales tax increment, as defined in the Innovation
13		Development and Economy Act, collected during the second
14		preceding calendar month for sales within a STAR bond district
15		and deposited into the County and Mass Transit District Fund,
16		less 3% of that amount, which shall be transferred into the Tax
17		Compliance and Administration Fund and shall be used by the
18		Department, subject to appropriation, to cover the costs of the
19		Department in administering the Innovation Development and
20		Economy Act.
21		After the monthly transfer to the STAR Bonds Revenue Fund,
22		on or before the 25th day of each calendar month, the
23		Department shall prepare and certify to the Comptroller the
24		disbursement of stated sums of money to the Regional
25		Transportation Authority and to named counties, the counties to
26		be those entitled to distribution, as hereinabove provided, of

HB3342 Enrolled - 129 - LRB100 08528 SMS 18653 b
1		taxes or penalties paid to the Department during the second
2		preceding calendar month. The amount to be paid to the Regional
3		Transportation Authority and each county having 3,000,000 or
4		fewer inhabitants shall be the amount (not including credit
5		memoranda) collected during the second preceding calendar
6		month by the Department and paid into the County and Mass
7		Transit District Fund, plus an amount the Department determines
8		is necessary to offset any amounts which were erroneously paid
9		to a different taxing body, and not including an amount equal
10		to the amount of refunds made during the second preceding
11		calendar month by the Department, and not including any amount
12		which the Department determines is necessary to offset any
13		amounts which were payable to a different taxing body but were
14		erroneously paid to the Regional Transportation Authority or
15		county, and not including any amounts that are transferred to
16		the STAR Bonds Revenue Fund, less 1.5% 2% of the amount to be
17		paid to the Regional Transportation Authority, which shall be
18		transferred into the Tax Compliance and Administration Fund.
19		The Department, at the time of each monthly disbursement to the
20		Regional Transportation Authority, shall prepare and certify
21		to the State Comptroller the amount to be transferred into the
22		Tax Compliance and Administration Fund under this Section.
23		Within 10 days after receipt, by the Comptroller, of the
24		disbursement certification to the Regional Transportation
25		Authority, counties, and the Tax Compliance and Administration
26		Fund provided for in this Section to be given to the

HB3342 Enrolled - 130 - LRB100 08528 SMS 18653 b
1		Comptroller by the Department, the Comptroller shall cause the
2		orders to be drawn for the respective amounts in accordance
3		with the directions contained in such certification.
4		When certifying the amount of a monthly disbursement to the
5		Regional Transportation Authority or to a county under this
6		Section, the Department shall increase or decrease that amount
7		by an amount necessary to offset any misallocation of previous
8		disbursements. The offset amount shall be the amount
9		erroneously disbursed within the 6 months preceding the time a
10		misallocation is discovered.
11		The provisions directing the distributions from the
12		special fund in the State Treasury provided for in this Section
13		and from the Regional Transportation Authority tax fund created
14		by Section 4.03 of the Regional Transportation Authority Act
15		shall constitute an irrevocable and continuing appropriation
16		of all amounts as provided herein. The State Treasurer and
17		State Comptroller are hereby authorized to make distributions
18		as provided in this Section.
19		In construing any development, redevelopment, annexation,
20		preannexation or other lawful agreement in effect prior to
21		September 1, 1990, which describes or refers to receipts from a
22		county or municipal retailers' occupation tax, use tax or
23		service occupation tax which now cannot be imposed, such
24		description or reference shall be deemed to include the
25		replacement revenue for such abolished taxes, distributed from
26		the County and Mass Transit District Fund or Local Government

HB3342 Enrolled - 131 - LRB100 08528 SMS 18653 b
1		Distributive Fund, as the case may be.
2		(Source: P.A. 100-23, eff. 7-6-17.)
3		Section 20-10. The Counties Code is amended by changing
4		Sections 5-1006, 5-1006.5, and 5-1007 as follows:
5		(55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)
6		Sec. 5-1006. Home Rule County Retailers' Occupation Tax
7		Law. Any county that is a home rule unit may impose a tax upon
8		all persons engaged in the business of selling tangible
9		personal property, other than an item of tangible personal
10		property titled or registered with an agency of this State's
11		government, at retail in the county on the gross receipts from
12		such sales made in the course of their business. If imposed,
13		this tax shall only be imposed in 1/4% increments. On and after
14		September 1, 1991, this additional tax may not be imposed on
15		the sales of food for human consumption which is to be consumed
16		off the premises where it is sold (other than alcoholic
17		beverages, soft drinks and food which has been prepared for
18		immediate consumption) and prescription and nonprescription
19		medicines, drugs, medical appliances and insulin, urine
20		testing materials, syringes and needles used by diabetics. The
21		tax imposed by a home rule county pursuant to this Section and
22		all civil penalties that may be assessed as an incident thereof
23		shall be collected and enforced by the State Department of
24		Revenue. The certificate of registration that is issued by the

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1		Department to a retailer under the Retailers' Occupation Tax
2		Act shall permit the retailer to engage in a business that is
3		taxable under any ordinance or resolution enacted pursuant to
4		this Section without registering separately with the
5		Department under such ordinance or resolution or under this
6		Section. The Department shall have full power to administer and
7		enforce this Section; to collect all taxes and penalties due
8		hereunder; to dispose of taxes and penalties so collected in
9		the manner hereinafter provided; and to determine all rights to
10		credit memoranda arising on account of the erroneous payment of
11		tax or penalty hereunder. In the administration of, and
12		compliance with, this Section, the Department and persons who
13		are subject to this Section shall have the same rights,
14		remedies, privileges, immunities, powers and duties, and be
15		subject to the same conditions, restrictions, limitations,
16		penalties and definitions of terms, and employ the same modes
17		of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
18		1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
19		provisions therein other than the State rate of tax), 4, 5, 5a,
20		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
21		7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
22		and Section 3-7 of the Uniform Penalty and Interest Act, as
23		fully as if those provisions were set forth herein.
24		No tax may be imposed by a home rule county pursuant to
25		this Section unless the county also imposes a tax at the same
26		rate pursuant to Section 5-1007.

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1		Persons subject to any tax imposed pursuant to the
2		authority granted in this Section may reimburse themselves for
3		their seller's tax liability hereunder by separately stating
4		such tax as an additional charge, which charge may be stated in
5		combination, in a single amount, with State tax which sellers
6		are required to collect under the Use Tax Act, pursuant to such
7		bracket schedules as the Department may prescribe.
8		Whenever the Department determines that a refund should be
9		made under this Section to a claimant instead of issuing a
10		credit memorandum, the Department shall notify the State
11		Comptroller, who shall cause the order to be drawn for the
12		amount specified and to the person named in the notification
13		from the Department. The refund shall be paid by the State
14		Treasurer out of the home rule county retailers' occupation tax
15		fund.
16		The Department shall forthwith pay over to the State
17		Treasurer, ex officio, as trustee, all taxes and penalties
18		collected hereunder.
19		As soon as possible after the first day of each month,
20		beginning January 1, 2011, upon certification of the Department
21		of Revenue, the Comptroller shall order transferred, and the
22		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23		local sales tax increment, as defined in the Innovation
24		Development and Economy Act, collected under this Section
25		during the second preceding calendar month for sales within a
26		STAR bond district.

HB3342 Enrolled - 134 - LRB100 08528 SMS 18653 b
1		After the monthly transfer to the STAR Bonds Revenue Fund,
2		on or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money to named counties, the
5		counties to be those from which retailers have paid taxes or
6		penalties hereunder to the Department during the second
7		preceding calendar month. The amount to be paid to each county
8		shall be the amount (not including credit memoranda) collected
9		hereunder during the second preceding calendar month by the
10		Department plus an amount the Department determines is
11		necessary to offset any amounts that were erroneously paid to a
12		different taxing body, and not including an amount equal to the
13		amount of refunds made during the second preceding calendar
14		month by the Department on behalf of such county, and not
15		including any amount which the Department determines is
16		necessary to offset any amounts which were payable to a
17		different taxing body but were erroneously paid to the county,
18		and not including any amounts that are transferred to the STAR
19		Bonds Revenue Fund, less 1.5% 2% of the remainder, which the
20		Department shall transfer into the Tax Compliance and
21		Administration Fund. The Department, at the time of each
22		monthly disbursement to the counties, shall prepare and certify
23		to the State Comptroller the amount to be transferred into the
24		Tax Compliance and Administration Fund under this Section.
25		Within 10 days after receipt, by the Comptroller, of the
26		disbursement certification to the counties and the Tax

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1		Compliance and Administration Fund provided for in this Section
2		to be given to the Comptroller by the Department, the
3		Comptroller shall cause the orders to be drawn for the
4		respective amounts in accordance with the directions contained
5		in the certification.
6		In addition to the disbursement required by the preceding
7		paragraph, an allocation shall be made in March of each year to
8		each county that received more than $500,000 in disbursements
9		under the preceding paragraph in the preceding calendar year.
10		The allocation shall be in an amount equal to the average
11		monthly distribution made to each such county under the
12		preceding paragraph during the preceding calendar year
13		(excluding the 2 months of highest receipts). The distribution
14		made in March of each year subsequent to the year in which an
15		allocation was made pursuant to this paragraph and the
16		preceding paragraph shall be reduced by the amount allocated
17		and disbursed under this paragraph in the preceding calendar
18		year. The Department shall prepare and certify to the
19		Comptroller for disbursement the allocations made in
20		accordance with this paragraph.
21		For the purpose of determining the local governmental unit
22		whose tax is applicable, a retail sale by a producer of coal or
23		other mineral mined in Illinois is a sale at retail at the
24		place where the coal or other mineral mined in Illinois is
25		extracted from the earth. This paragraph does not apply to coal
26		or other mineral when it is delivered or shipped by the seller

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1		to the purchaser at a point outside Illinois so that the sale
2		is exempt under the United States Constitution as a sale in
3		interstate or foreign commerce.
4		Nothing in this Section shall be construed to authorize a
5		county to impose a tax upon the privilege of engaging in any
6		business which under the Constitution of the United States may
7		not be made the subject of taxation by this State.
8		An ordinance or resolution imposing or discontinuing a tax
9		hereunder or effecting a change in the rate thereof shall be
10		adopted and a certified copy thereof filed with the Department
11		on or before the first day of June, whereupon the Department
12		shall proceed to administer and enforce this Section as of the
13		first day of September next following such adoption and filing.
14		Beginning January 1, 1992, an ordinance or resolution imposing
15		or discontinuing the tax hereunder or effecting a change in the
16		rate thereof shall be adopted and a certified copy thereof
17		filed with the Department on or before the first day of July,
18		whereupon the Department shall proceed to administer and
19		enforce this Section as of the first day of October next
20		following such adoption and filing. Beginning January 1, 1993,
21		an ordinance or resolution imposing or discontinuing the tax
22		hereunder or effecting a change in the rate thereof shall be
23		adopted and a certified copy thereof filed with the Department
24		on or before the first day of October, whereupon the Department
25		shall proceed to administer and enforce this Section as of the
26		first day of January next following such adoption and filing.

HB3342 Enrolled - 137 - LRB100 08528 SMS 18653 b
1		Beginning April 1, 1998, an ordinance or resolution imposing or
2		discontinuing the tax hereunder or effecting a change in the
3		rate thereof shall either (i) be adopted and a certified copy
4		thereof filed with the Department on or before the first day of
5		April, whereupon the Department shall proceed to administer and
6		enforce this Section as of the first day of July next following
7		the adoption and filing; or (ii) be adopted and a certified
8		copy thereof filed with the Department on or before the first
9		day of October, whereupon the Department shall proceed to
10		administer and enforce this Section as of the first day of
11		January next following the adoption and filing.
12		When certifying the amount of a monthly disbursement to a
13		county under this Section, the Department shall increase or
14		decrease such amount by an amount necessary to offset any
15		misallocation of previous disbursements. The offset amount
16		shall be the amount erroneously disbursed within the previous 6
17		months from the time a misallocation is discovered.
18		This Section shall be known and may be cited as the Home
19		Rule County Retailers' Occupation Tax Law.
20		(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
21		(55 ILCS 5/5-1006.5)
22		Sec. 5-1006.5. Special County Retailers' Occupation Tax
23		For Public Safety, Public Facilities, or Transportation.
24		(a) The county board of any county may impose a tax upon
25		all persons engaged in the business of selling tangible

HB3342 Enrolled - 138 - LRB100 08528 SMS 18653 b
1		personal property, other than personal property titled or
2		registered with an agency of this State's government, at retail
3		in the county on the gross receipts from the sales made in the
4		course of business to provide revenue to be used exclusively
5		for public safety, public facility, or transportation purposes
6		in that county, if a proposition for the tax has been submitted
7		to the electors of that county and approved by a majority of
8		those voting on the question. If imposed, this tax shall be
9		imposed only in one-quarter percent increments. By resolution,
10		the county board may order the proposition to be submitted at
11		any election. If the tax is imposed for transportation purposes
12		for expenditures for public highways or as authorized under the
13		Illinois Highway Code, the county board must publish notice of
14		the existence of its long-range highway transportation plan as
15		required or described in Section 5-301 of the Illinois Highway
16		Code and must make the plan publicly available prior to
17		approval of the ordinance or resolution imposing the tax. If
18		the tax is imposed for transportation purposes for expenditures
19		for passenger rail transportation, the county board must
20		publish notice of the existence of its long-range passenger
21		rail transportation plan and must make the plan publicly
22		available prior to approval of the ordinance or resolution
23		imposing the tax.
24		If a tax is imposed for public facilities purposes, then
25		the name of the project may be included in the proposition at
26		the discretion of the county board as determined in the

HB3342 Enrolled - 139 - LRB100 08528 SMS 18653 b
1		enabling resolution. For example, the "XXX Nursing Home" or the
2		"YYY Museum".
3		The county clerk shall certify the question to the proper
4		election authority, who shall submit the proposition at an
5		election in accordance with the general election law.
6		(1) The proposition for public safety purposes shall be
7		in substantially the following form:
8		"To pay for public safety purposes, shall (name of
9		county) be authorized to impose an increase on its share of
10		local sales taxes by (insert rate)?"
11		As additional information on the ballot below the
12		question shall appear the following:
13		"This would mean that a consumer would pay an
14		additional (insert amount) in sales tax for every $100 of
15		tangible personal property bought at retail."
16		The county board may also opt to establish a sunset
17		provision at which time the additional sales tax would
18		cease being collected, if not terminated earlier by a vote
19		of the county board. If the county board votes to include a
20		sunset provision, the proposition for public safety
21		purposes shall be in substantially the following form:
22		"To pay for public safety purposes, shall (name of
23		county) be authorized to impose an increase on its share of
24		local sales taxes by (insert rate) for a period not to
25		exceed (insert number of years)?"
26		As additional information on the ballot below the

HB3342 Enrolled - 140 - LRB100 08528 SMS 18653 b
1		question shall appear the following:
2		"This would mean that a consumer would pay an
3		additional (insert amount) in sales tax for every $100 of
4		tangible personal property bought at retail. If imposed,
5		the additional tax would cease being collected at the end
6		of (insert number of years), if not terminated earlier by a
7		vote of the county board."
8		For the purposes of the paragraph, "public safety
9		purposes" means crime prevention, detention, fire
10		fighting, police, medical, ambulance, or other emergency
11		services.
12		Votes shall be recorded as "Yes" or "No".
13		Beginning on the January 1 or July 1, whichever is
14		first, that occurs not less than 30 days after May 31, 2015
15		(the effective date of Public Act 99-4), Adams County may
16		impose a public safety retailers' occupation tax and
17		service occupation tax at the rate of 0.25%, as provided in
18		the referendum approved by the voters on April 7, 2015,
19		notwithstanding the omission of the additional information
20		that is otherwise required to be printed on the ballot
21		below the question pursuant to this item (1).
22		(2) The proposition for transportation purposes shall
23		be in substantially the following form:
24		"To pay for improvements to roads and other
25		transportation purposes, shall (name of county) be
26		authorized to impose an increase on its share of local

HB3342 Enrolled - 141 - LRB100 08528 SMS 18653 b
1		sales taxes by (insert rate)?"
2		As additional information on the ballot below the
3		question shall appear the following:
4		"This would mean that a consumer would pay an
5		additional (insert amount) in sales tax for every $100 of
6		tangible personal property bought at retail."
7		The county board may also opt to establish a sunset
8		provision at which time the additional sales tax would
9		cease being collected, if not terminated earlier by a vote
10		of the county board. If the county board votes to include a
11		sunset provision, the proposition for transportation
12		purposes shall be in substantially the following form:
13		"To pay for road improvements and other transportation
14		purposes, shall (name of county) be authorized to impose an
15		increase on its share of local sales taxes by (insert rate)
16		for a period not to exceed (insert number of years)?"
17		As additional information on the ballot below the
18		question shall appear the following:
19		"This would mean that a consumer would pay an
20		additional (insert amount) in sales tax for every $100 of
21		tangible personal property bought at retail. If imposed,
22		the additional tax would cease being collected at the end
23		of (insert number of years), if not terminated earlier by a
24		vote of the county board."
25		For the purposes of this paragraph, transportation
26		purposes means construction, maintenance, operation, and

HB3342 Enrolled - 142 - LRB100 08528 SMS 18653 b
1		improvement of public highways, any other purpose for which
2		a county may expend funds under the Illinois Highway Code,
3		and passenger rail transportation.
4		The votes shall be recorded as "Yes" or "No".
5		(3) The proposition for public facilities purposes
6		shall be in substantially the following form:
7		"To pay for public facilities purposes, shall (name of
8		county) be authorized to impose an increase on its share of
9		local sales taxes by (insert rate)?"
10		As additional information on the ballot below the
11		question shall appear the following:
12		"This would mean that a consumer would pay an
13		additional (insert amount) in sales tax for every $100 of
14		tangible personal property bought at retail."
15		The county board may also opt to establish a sunset
16		provision at which time the additional sales tax would
17		cease being collected, if not terminated earlier by a vote
18		of the county board. If the county board votes to include a
19		sunset provision, the proposition for public facilities
20		purposes shall be in substantially the following form:
21		"To pay for public facilities purposes, shall (name of
22		county) be authorized to impose an increase on its share of
23		local sales taxes by (insert rate) for a period not to
24		exceed (insert number of years)?"
25		As additional information on the ballot below the
26		question shall appear the following:

HB3342 Enrolled - 143 - LRB100 08528 SMS 18653 b
1		"This would mean that a consumer would pay an
2		additional (insert amount) in sales tax for every $100 of
3		tangible personal property bought at retail. If imposed,
4		the additional tax would cease being collected at the end
5		of (insert number of years), if not terminated earlier by a
6		vote of the county board."
7		For purposes of this Section, "public facilities
8		purposes" means the acquisition, development,
9		construction, reconstruction, rehabilitation, improvement,
10		financing, architectural planning, and installation of
11		capital facilities consisting of buildings, structures,
12		and durable equipment and for the acquisition and
13		improvement of real property and interest in real property
14		required, or expected to be required, in connection with
15		the public facilities, for use by the county for the
16		furnishing of governmental services to its citizens,
17		including but not limited to museums and nursing homes.
18		The votes shall be recorded as "Yes" or "No".
19		If a majority of the electors voting on the proposition
20		vote in favor of it, the county may impose the tax. A county
21		may not submit more than one proposition authorized by this
22		Section to the electors at any one time.
23		This additional tax may not be imposed on the sales of food
24		for human consumption that is to be consumed off the premises
25		where it is sold (other than alcoholic beverages, soft drinks,
26		and food which has been prepared for immediate consumption) and

HB3342 Enrolled - 144 - LRB100 08528 SMS 18653 b
1		prescription and non-prescription medicines, drugs, medical
2		appliances and insulin, urine testing materials, syringes, and
3		needles used by diabetics. The tax imposed by a county under
4		this Section and all civil penalties that may be assessed as an
5		incident of the tax shall be collected and enforced by the
6		Illinois Department of Revenue and deposited into a special
7		fund created for that purpose. The certificate of registration
8		that is issued by the Department to a retailer under the
9		Retailers' Occupation Tax Act shall permit the retailer to
10		engage in a business that is taxable without registering
11		separately with the Department under an ordinance or resolution
12		under this Section. The Department has full power to administer
13		and enforce this Section, to collect all taxes and penalties
14		due under this Section, to dispose of taxes and penalties so
15		collected in the manner provided in this Section, and to
16		determine all rights to credit memoranda arising on account of
17		the erroneous payment of a tax or penalty under this Section.
18		In the administration of and compliance with this Section, the
19		Department and persons who are subject to this Section shall
20		(i) have the same rights, remedies, privileges, immunities,
21		powers, and duties, (ii) be subject to the same conditions,
22		restrictions, limitations, penalties, and definitions of
23		terms, and (iii) employ the same modes of procedure as are
24		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
25		1n, 2 through 2-70 (in respect to all provisions contained in
26		those Sections other than the State rate of tax), 2a, 2b, 2c, 3

HB3342 Enrolled - 145 - LRB100 08528 SMS 18653 b
1		(except provisions relating to transaction returns and quarter
2		monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
3		5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
4		of the Retailers' Occupation Tax Act and Section 3-7 of the
5		Uniform Penalty and Interest Act as if those provisions were
6		set forth in this Section.
7		Persons subject to any tax imposed under the authority
8		granted in this Section may reimburse themselves for their
9		sellers' tax liability by separately stating the tax as an
10		additional charge, which charge may be stated in combination,
11		in a single amount, with State tax which sellers are required
12		to collect under the Use Tax Act, pursuant to such bracketed
13		schedules as the Department may prescribe.
14		Whenever the Department determines that a refund should be
15		made under this Section to a claimant instead of issuing a
16		credit memorandum, the Department shall notify the State
17		Comptroller, who shall cause the order to be drawn for the
18		amount specified and to the person named in the notification
19		from the Department. The refund shall be paid by the State
20		Treasurer out of the County Public Safety or Transportation
21		Retailers' Occupation Tax Fund.
22		(b) If a tax has been imposed under subsection (a), a
23		service occupation tax shall also be imposed at the same rate
24		upon all persons engaged, in the county, in the business of
25		making sales of service, who, as an incident to making those
26		sales of service, transfer tangible personal property within

HB3342 Enrolled - 146 - LRB100 08528 SMS 18653 b
1		the county as an incident to a sale of service. This tax may
2		not be imposed on sales of food for human consumption that is
3		to be consumed off the premises where it is sold (other than
4		alcoholic beverages, soft drinks, and food prepared for
5		immediate consumption) and prescription and non-prescription
6		medicines, drugs, medical appliances and insulin, urine
7		testing materials, syringes, and needles used by diabetics. The
8		tax imposed under this subsection and all civil penalties that
9		may be assessed as an incident thereof shall be collected and
10		enforced by the Department of Revenue. The Department has full
11		power to administer and enforce this subsection; to collect all
12		taxes and penalties due hereunder; to dispose of taxes and
13		penalties so collected in the manner hereinafter provided; and
14		to determine all rights to credit memoranda arising on account
15		of the erroneous payment of tax or penalty hereunder. In the
16		administration of, and compliance with this subsection, the
17		Department and persons who are subject to this paragraph shall
18		(i) have the same rights, remedies, privileges, immunities,
19		powers, and duties, (ii) be subject to the same conditions,
20		restrictions, limitations, penalties, exclusions, exemptions,
21		and definitions of terms, and (iii) employ the same modes of
22		procedure as are prescribed in Sections 2 (except that the
23		reference to State in the definition of supplier maintaining a
24		place of business in this State shall mean the county), 2a, 2b,
25		2c, 3 through 3-50 (in respect to all provisions therein other
26		than the State rate of tax), 4 (except that the reference to

HB3342 Enrolled - 147 - LRB100 08528 SMS 18653 b
1		the State shall be to the county), 5, 7, 8 (except that the
2		jurisdiction to which the tax shall be a debt to the extent
3		indicated in that Section 8 shall be the county), 9 (except as
4		to the disposition of taxes and penalties collected), 10, 11,
5		12 (except the reference therein to Section 2b of the
6		Retailers' Occupation Tax Act), 13 (except that any reference
7		to the State shall mean the county), Section 15, 16, 17, 18, 19
8		and 20 of the Service Occupation Tax Act and Section 3-7 of the
9		Uniform Penalty and Interest Act, as fully as if those
10		provisions were set forth herein.
11		Persons subject to any tax imposed under the authority
12		granted in this subsection may reimburse themselves for their
13		serviceman's tax liability by separately stating the tax as an
14		additional charge, which charge may be stated in combination,
15		in a single amount, with State tax that servicemen are
16		authorized to collect under the Service Use Tax Act, in
17		accordance with such bracket schedules as the Department may
18		prescribe.
19		Whenever the Department determines that a refund should be
20		made under this subsection to a claimant instead of issuing a
21		credit memorandum, the Department shall notify the State
22		Comptroller, who shall cause the warrant to be drawn for the
23		amount specified, and to the person named, in the notification
24		from the Department. The refund shall be paid by the State
25		Treasurer out of the County Public Safety or Transportation
26		Retailers' Occupation Fund.

HB3342 Enrolled - 148 - LRB100 08528 SMS 18653 b
1		Nothing in this subsection shall be construed to authorize
2		the county to impose a tax upon the privilege of engaging in
3		any business which under the Constitution of the United States
4		may not be made the subject of taxation by the State.
5		(c) The Department shall immediately pay over to the State
6		Treasurer, ex officio, as trustee, all taxes and penalties
7		collected under this Section to be deposited into the County
8		Public Safety or Transportation Retailers' Occupation Tax
9		Fund, which shall be an unappropriated trust fund held outside
10		of the State treasury.
11		As soon as possible after the first day of each month,
12		beginning January 1, 2011, upon certification of the Department
13		of Revenue, the Comptroller shall order transferred, and the
14		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15		local sales tax increment, as defined in the Innovation
16		Development and Economy Act, collected under this Section
17		during the second preceding calendar month for sales within a
18		STAR bond district.
19		After the monthly transfer to the STAR Bonds Revenue Fund,
20		on or before the 25th day of each calendar month, the
21		Department shall prepare and certify to the Comptroller the
22		disbursement of stated sums of money to the counties from which
23		retailers have paid taxes or penalties to the Department during
24		the second preceding calendar month. The amount to be paid to
25		each county, and deposited by the county into its special fund
26		created for the purposes of this Section, shall be the amount

HB3342 Enrolled - 149 - LRB100 08528 SMS 18653 b
1		(not including credit memoranda) collected under this Section
2		during the second preceding calendar month by the Department
3		plus an amount the Department determines is necessary to offset
4		any amounts that were erroneously paid to a different taxing
5		body, and not including (i) an amount equal to the amount of
6		refunds made during the second preceding calendar month by the
7		Department on behalf of the county, (ii) any amount that the
8		Department determines is necessary to offset any amounts that
9		were payable to a different taxing body but were erroneously
10		paid to the county, (iii) any amounts that are transferred to
11		the STAR Bonds Revenue Fund, and (iv) 1.5% 2% of the remainder,
12		which shall be transferred into the Tax Compliance and
13		Administration Fund. The Department, at the time of each
14		monthly disbursement to the counties, shall prepare and certify
15		to the State Comptroller the amount to be transferred into the
16		Tax Compliance and Administration Fund under this subsection.
17		Within 10 days after receipt by the Comptroller of the
18		disbursement certification to the counties and the Tax
19		Compliance and Administration Fund provided for in this Section
20		to be given to the Comptroller by the Department, the
21		Comptroller shall cause the orders to be drawn for the
22		respective amounts in accordance with directions contained in
23		the certification.
24		In addition to the disbursement required by the preceding
25		paragraph, an allocation shall be made in March of each year to
26		each county that received more than $500,000 in disbursements

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1		under the preceding paragraph in the preceding calendar year.
2		The allocation shall be in an amount equal to the average
3		monthly distribution made to each such county under the
4		preceding paragraph during the preceding calendar year
5		(excluding the 2 months of highest receipts). The distribution
6		made in March of each year subsequent to the year in which an
7		allocation was made pursuant to this paragraph and the
8		preceding paragraph shall be reduced by the amount allocated
9		and disbursed under this paragraph in the preceding calendar
10		year. The Department shall prepare and certify to the
11		Comptroller for disbursement the allocations made in
12		accordance with this paragraph.
13		A county may direct, by ordinance, that all or a portion of
14		the taxes and penalties collected under the Special County
15		Retailers' Occupation Tax For Public Safety or Transportation
16		be deposited into the Transportation Development Partnership
17		Trust Fund.
18		(d) For the purpose of determining the local governmental
19		unit whose tax is applicable, a retail sale by a producer of
20		coal or another mineral mined in Illinois is a sale at retail
21		at the place where the coal or other mineral mined in Illinois
22		is extracted from the earth. This paragraph does not apply to
23		coal or another mineral when it is delivered or shipped by the
24		seller to the purchaser at a point outside Illinois so that the
25		sale is exempt under the United States Constitution as a sale
26		in interstate or foreign commerce.

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1		(e) Nothing in this Section shall be construed to authorize
2		a county to impose a tax upon the privilege of engaging in any
3		business that under the Constitution of the United States may
4		not be made the subject of taxation by this State.
5		(e-5) If a county imposes a tax under this Section, the
6		county board may, by ordinance, discontinue or lower the rate
7		of the tax. If the county board lowers the tax rate or
8		discontinues the tax, a referendum must be held in accordance
9		with subsection (a) of this Section in order to increase the
10		rate of the tax or to reimpose the discontinued tax.
11		(f) Beginning April 1, 1998 and through December 31, 2013,
12		the results of any election authorizing a proposition to impose
13		a tax under this Section or effecting a change in the rate of
14		tax, or any ordinance lowering the rate or discontinuing the
15		tax, shall be certified by the county clerk and filed with the
16		Illinois Department of Revenue either (i) on or before the
17		first day of April, whereupon the Department shall proceed to
18		administer and enforce the tax as of the first day of July next
19		following the filing; or (ii) on or before the first day of
20		October, whereupon the Department shall proceed to administer
21		and enforce the tax as of the first day of January next
22		following the filing.
23		Beginning January 1, 2014, the results of any election
24		authorizing a proposition to impose a tax under this Section or
25		effecting an increase in the rate of tax, along with the
26		ordinance adopted to impose the tax or increase the rate of the

HB3342 Enrolled - 152 - LRB100 08528 SMS 18653 b
1		tax, or any ordinance adopted to lower the rate or discontinue
2		the tax, shall be certified by the county clerk and filed with
3		the Illinois Department of Revenue either (i) on or before the
4		first day of May, whereupon the Department shall proceed to
5		administer and enforce the tax as of the first day of July next
6		following the adoption and filing; or (ii) on or before the
7		first day of October, whereupon the Department shall proceed to
8		administer and enforce the tax as of the first day of January
9		next following the adoption and filing.
10		(g) When certifying the amount of a monthly disbursement to
11		a county under this Section, the Department shall increase or
12		decrease the amounts by an amount necessary to offset any
13		miscalculation of previous disbursements. The offset amount
14		shall be the amount erroneously disbursed within the previous 6
15		months from the time a miscalculation is discovered.
16		(h) This Section may be cited as the "Special County
17		Occupation Tax For Public Safety, Public Facilities, or
18		Transportation Law".
19		(i) For purposes of this Section, "public safety" includes,
20		but is not limited to, crime prevention, detention, fire
21		fighting, police, medical, ambulance, or other emergency
22		services. The county may share tax proceeds received under this
23		Section for public safety purposes, including proceeds
24		received before August 4, 2009 (the effective date of Public
25		Act 96-124), with any fire protection district located in the
26		county. For the purposes of this Section, "transportation"

HB3342 Enrolled - 153 - LRB100 08528 SMS 18653 b
1		includes, but is not limited to, the construction, maintenance,
2		operation, and improvement of public highways, any other
3		purpose for which a county may expend funds under the Illinois
4		Highway Code, and passenger rail transportation. For the
5		purposes of this Section, "public facilities purposes"
6		includes, but is not limited to, the acquisition, development,
7		construction, reconstruction, rehabilitation, improvement,
8		financing, architectural planning, and installation of capital
9		facilities consisting of buildings, structures, and durable
10		equipment and for the acquisition and improvement of real
11		property and interest in real property required, or expected to
12		be required, in connection with the public facilities, for use
13		by the county for the furnishing of governmental services to
14		its citizens, including but not limited to museums and nursing
15		homes.
16		(j) The Department may promulgate rules to implement Public
17		Act 95-1002 only to the extent necessary to apply the existing
18		rules for the Special County Retailers' Occupation Tax for
19		Public Safety to this new purpose for public facilities.
20		(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
21		eff. 7-28-16; 100-23, eff. 7-6-17.)
22		(55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)
23		Sec. 5-1007. Home Rule County Service Occupation Tax Law.
24		The corporate authorities of a home rule county may impose a
25		tax upon all persons engaged, in such county, in the business

HB3342 Enrolled - 154 - LRB100 08528 SMS 18653 b
1		of making sales of service at the same rate of tax imposed
2		pursuant to Section 5-1006 of the selling price of all tangible
3		personal property transferred by such servicemen either in the
4		form of tangible personal property or in the form of real
5		estate as an incident to a sale of service. If imposed, such
6		tax shall only be imposed in 1/4% increments. On and after
7		September 1, 1991, this additional tax may not be imposed on
8		the sales of food for human consumption which is to be consumed
9		off the premises where it is sold (other than alcoholic
10		beverages, soft drinks and food which has been prepared for
11		immediate consumption) and prescription and nonprescription
12		medicines, drugs, medical appliances and insulin, urine
13		testing materials, syringes and needles used by diabetics. The
14		tax imposed by a home rule county pursuant to this Section and
15		all civil penalties that may be assessed as an incident thereof
16		shall be collected and enforced by the State Department of
17		Revenue. The certificate of registration which is issued by the
18		Department to a retailer under the Retailers' Occupation Tax
19		Act or under the Service Occupation Tax Act shall permit such
20		registrant to engage in a business which is taxable under any
21		ordinance or resolution enacted pursuant to this Section
22		without registering separately with the Department under such
23		ordinance or resolution or under this Section. The Department
24		shall have full power to administer and enforce this Section;
25		to collect all taxes and penalties due hereunder; to dispose of
26		taxes and penalties so collected in the manner hereinafter

HB3342 Enrolled - 155 - LRB100 08528 SMS 18653 b
1		provided; and to determine all rights to credit memoranda
2		arising on account of the erroneous payment of tax or penalty
3		hereunder. In the administration of, and compliance with, this
4		Section the Department and persons who are subject to this
5		Section shall have the same rights, remedies, privileges,
6		immunities, powers and duties, and be subject to the same
7		conditions, restrictions, limitations, penalties and
8		definitions of terms, and employ the same modes of procedure,
9		as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
10		respect to all provisions therein other than the State rate of
11		tax), 4 (except that the reference to the State shall be to the
12		taxing county), 5, 7, 8 (except that the jurisdiction to which
13		the tax shall be a debt to the extent indicated in that Section
14		8 shall be the taxing county), 9 (except as to the disposition
15		of taxes and penalties collected, and except that the returned
16		merchandise credit for this county tax may not be taken against
17		any State tax), 10, 11, 12 (except the reference therein to
18		Section 2b of the Retailers' Occupation Tax Act), 13 (except
19		that any reference to the State shall mean the taxing county),
20		the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the
21		Service Occupation Tax Act and Section 3-7 of the Uniform
22		Penalty and Interest Act, as fully as if those provisions were
23		set forth herein.
24		No tax may be imposed by a home rule county pursuant to
25		this Section unless such county also imposes a tax at the same
26		rate pursuant to Section 5-1006.

HB3342 Enrolled - 156 - LRB100 08528 SMS 18653 b
1		Persons subject to any tax imposed pursuant to the
2		authority granted in this Section may reimburse themselves for
3		their serviceman's tax liability hereunder by separately
4		stating such tax as an additional charge, which charge may be
5		stated in combination, in a single amount, with State tax which
6		servicemen are authorized to collect under the Service Use Tax
7		Act, pursuant to such bracket schedules as the Department may
8		prescribe.
9		Whenever the Department determines that a refund should be
10		made under this Section to a claimant instead of issuing credit
11		memorandum, the Department shall notify the State Comptroller,
12		who shall cause the order to be drawn for the amount specified,
13		and to the person named, in such notification from the
14		Department. Such refund shall be paid by the State Treasurer
15		out of the home rule county retailers' occupation tax fund.
16		The Department shall forthwith pay over to the State
17		Treasurer, ex-officio, as trustee, all taxes and penalties
18		collected hereunder.
19		As soon as possible after the first day of each month,
20		beginning January 1, 2011, upon certification of the Department
21		of Revenue, the Comptroller shall order transferred, and the
22		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23		local sales tax increment, as defined in the Innovation
24		Development and Economy Act, collected under this Section
25		during the second preceding calendar month for sales within a
26		STAR bond district.

HB3342 Enrolled - 157 - LRB100 08528 SMS 18653 b
1		After the monthly transfer to the STAR Bonds Revenue Fund,
2		on or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money to named counties, the
5		counties to be those from which suppliers and servicemen have
6		paid taxes or penalties hereunder to the Department during the
7		second preceding calendar month. The amount to be paid to each
8		county shall be the amount (not including credit memoranda)
9		collected hereunder during the second preceding calendar month
10		by the Department, and not including an amount equal to the
11		amount of refunds made during the second preceding calendar
12		month by the Department on behalf of such county, and not
13		including any amounts that are transferred to the STAR Bonds
14		Revenue Fund, less 1.5% 2% of the remainder, which the
15		Department shall transfer into the Tax Compliance and
16		Administration Fund. The Department, at the time of each
17		monthly disbursement to the counties, shall prepare and certify
18		to the State Comptroller the amount to be transferred into the
19		Tax Compliance and Administration Fund under this Section.
20		Within 10 days after receipt, by the Comptroller, of the
21		disbursement certification to the counties and the Tax
22		Compliance and Administration Fund provided for in this Section
23		to be given to the Comptroller by the Department, the
24		Comptroller shall cause the orders to be drawn for the
25		respective amounts in accordance with the directions contained
26		in such certification.

HB3342 Enrolled - 158 - LRB100 08528 SMS 18653 b
1		In addition to the disbursement required by the preceding
2		paragraph, an allocation shall be made in each year to each
3		county which received more than $500,000 in disbursements under
4		the preceding paragraph in the preceding calendar year. The
5		allocation shall be in an amount equal to the average monthly
6		distribution made to each such county under the preceding
7		paragraph during the preceding calendar year (excluding the 2
8		months of highest receipts). The distribution made in March of
9		each year subsequent to the year in which an allocation was
10		made pursuant to this paragraph and the preceding paragraph
11		shall be reduced by the amount allocated and disbursed under
12		this paragraph in the preceding calendar year. The Department
13		shall prepare and certify to the Comptroller for disbursement
14		the allocations made in accordance with this paragraph.
15		Nothing in this Section shall be construed to authorize a
16		county to impose a tax upon the privilege of engaging in any
17		business which under the Constitution of the United States may
18		not be made the subject of taxation by this State.
19		An ordinance or resolution imposing or discontinuing a tax
20		hereunder or effecting a change in the rate thereof shall be
21		adopted and a certified copy thereof filed with the Department
22		on or before the first day of June, whereupon the Department
23		shall proceed to administer and enforce this Section as of the
24		first day of September next following such adoption and filing.
25		Beginning January 1, 1992, an ordinance or resolution imposing
26		or discontinuing the tax hereunder or effecting a change in the

HB3342 Enrolled - 159 - LRB100 08528 SMS 18653 b
1		rate thereof shall be adopted and a certified copy thereof
2		filed with the Department on or before the first day of July,
3		whereupon the Department shall proceed to administer and
4		enforce this Section as of the first day of October next
5		following such adoption and filing. Beginning January 1, 1993,
6		an ordinance or resolution imposing or discontinuing the tax
7		hereunder or effecting a change in the rate thereof shall be
8		adopted and a certified copy thereof filed with the Department
9		on or before the first day of October, whereupon the Department
10		shall proceed to administer and enforce this Section as of the
11		first day of January next following such adoption and filing.
12		Beginning April 1, 1998, an ordinance or resolution imposing or
13		discontinuing the tax hereunder or effecting a change in the
14		rate thereof shall either (i) be adopted and a certified copy
15		thereof filed with the Department on or before the first day of
16		April, whereupon the Department shall proceed to administer and
17		enforce this Section as of the first day of July next following
18		the adoption and filing; or (ii) be adopted and a certified
19		copy thereof filed with the Department on or before the first
20		day of October, whereupon the Department shall proceed to
21		administer and enforce this Section as of the first day of
22		January next following the adoption and filing.
23		This Section shall be known and may be cited as the Home
24		Rule County Service Occupation Tax Law.
25		(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled - 160 - LRB100 08528 SMS 18653 b
1		Section 20-15. The Illinois Municipal Code is amended by
2		changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,
3		8-11-1.7, and 8-11-5 as follows:
4		(65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)
5		Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax
6		Act. The corporate authorities of a home rule municipality may
7		impose a tax upon all persons engaged in the business of
8		selling tangible personal property, other than an item of
9		tangible personal property titled or registered with an agency
10		of this State's government, at retail in the municipality on
11		the gross receipts from these sales made in the course of such
12		business. If imposed, the tax shall only be imposed in 1/4%
13		increments. On and after September 1, 1991, this additional tax
14		may not be imposed on the sales of food for human consumption
15		that is to be consumed off the premises where it is sold (other
16		than alcoholic beverages, soft drinks and food that has been
17		prepared for immediate consumption) and prescription and
18		nonprescription medicines, drugs, medical appliances and
19		insulin, urine testing materials, syringes and needles used by
20		diabetics. The tax imposed by a home rule municipality under
21		this Section and all civil penalties that may be assessed as an
22		incident of the tax shall be collected and enforced by the
23		State Department of Revenue. The certificate of registration
24		that is issued by the Department to a retailer under the
25		Retailers' Occupation Tax Act shall permit the retailer to

HB3342 Enrolled - 161 - LRB100 08528 SMS 18653 b
1		engage in a business that is taxable under any ordinance or
2		resolution enacted pursuant to this Section without
3		registering separately with the Department under such
4		ordinance or resolution or under this Section. The Department
5		shall have full power to administer and enforce this Section;
6		to collect all taxes and penalties due hereunder; to dispose of
7		taxes and penalties so collected in the manner hereinafter
8		provided; and to determine all rights to credit memoranda
9		arising on account of the erroneous payment of tax or penalty
10		hereunder. In the administration of, and compliance with, this
11		Section the Department and persons who are subject to this
12		Section shall have the same rights, remedies, privileges,
13		immunities, powers and duties, and be subject to the same
14		conditions, restrictions, limitations, penalties and
15		definitions of terms, and employ the same modes of procedure,
16		as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k,
17		1m, 1n, 2 through 2-65 (in respect to all provisions therein
18		other than the State rate of tax), 2c, 3 (except as to the
19		disposition of taxes and penalties collected), 4, 5, 5a, 5b,
20		5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8,
21		9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
22		Section 3-7 of the Uniform Penalty and Interest Act, as fully
23		as if those provisions were set forth herein.
24		No tax may be imposed by a home rule municipality under
25		this Section unless the municipality also imposes a tax at the
26		same rate under Section 8-11-5 of this Act.

HB3342 Enrolled - 162 - LRB100 08528 SMS 18653 b
1		Persons subject to any tax imposed under the authority
2		granted in this Section may reimburse themselves for their
3		seller's tax liability hereunder by separately stating that tax
4		as an additional charge, which charge may be stated in
5		combination, in a single amount, with State tax which sellers
6		are required to collect under the Use Tax Act, pursuant to such
7		bracket schedules as the Department may prescribe.
8		Whenever the Department determines that a refund should be
9		made under this Section to a claimant instead of issuing a
10		credit memorandum, the Department shall notify the State
11		Comptroller, who shall cause the order to be drawn for the
12		amount specified and to the person named in the notification
13		from the Department. The refund shall be paid by the State
14		Treasurer out of the home rule municipal retailers' occupation
15		tax fund.
16		The Department shall immediately pay over to the State
17		Treasurer, ex officio, as trustee, all taxes and penalties
18		collected hereunder.
19		As soon as possible after the first day of each month,
20		beginning January 1, 2011, upon certification of the Department
21		of Revenue, the Comptroller shall order transferred, and the
22		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23		local sales tax increment, as defined in the Innovation
24		Development and Economy Act, collected under this Section
25		during the second preceding calendar month for sales within a
26		STAR bond district.

HB3342 Enrolled - 163 - LRB100 08528 SMS 18653 b
1		After the monthly transfer to the STAR Bonds Revenue Fund,
2		on or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money to named municipalities,
5		the municipalities to be those from which retailers have paid
6		taxes or penalties hereunder to the Department during the
7		second preceding calendar month. The amount to be paid to each
8		municipality shall be the amount (not including credit
9		memoranda) collected hereunder during the second preceding
10		calendar month by the Department plus an amount the Department
11		determines is necessary to offset any amounts that were
12		erroneously paid to a different taxing body, and not including
13		an amount equal to the amount of refunds made during the second
14		preceding calendar month by the Department on behalf of such
15		municipality, and not including any amount that the Department
16		determines is necessary to offset any amounts that were payable
17		to a different taxing body but were erroneously paid to the
18		municipality, and not including any amounts that are
19		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
20		remainder, which the Department shall transfer into the Tax
21		Compliance and Administration Fund. The Department, at the time
22		of each monthly disbursement to the municipalities, shall
23		prepare and certify to the State Comptroller the amount to be
24		transferred into the Tax Compliance and Administration Fund
25		under this Section. Within 10 days after receipt by the
26		Comptroller of the disbursement certification to the

HB3342 Enrolled - 164 - LRB100 08528 SMS 18653 b
1		municipalities and the Tax Compliance and Administration Fund
2		provided for in this Section to be given to the Comptroller by
3		the Department, the Comptroller shall cause the orders to be
4		drawn for the respective amounts in accordance with the
5		directions contained in the certification.
6		In addition to the disbursement required by the preceding
7		paragraph and in order to mitigate delays caused by
8		distribution procedures, an allocation shall, if requested, be
9		made within 10 days after January 14, 1991, and in November of
10		1991 and each year thereafter, to each municipality that
11		received more than $500,000 during the preceding fiscal year,
12		(July 1 through June 30) whether collected by the municipality
13		or disbursed by the Department as required by this Section.
14		Within 10 days after January 14, 1991, participating
15		municipalities shall notify the Department in writing of their
16		intent to participate. In addition, for the initial
17		distribution, participating municipalities shall certify to
18		the Department the amounts collected by the municipality for
19		each month under its home rule occupation and service
20		occupation tax during the period July 1, 1989 through June 30,
21		1990. The allocation within 10 days after January 14, 1991,
22		shall be in an amount equal to the monthly average of these
23		amounts, excluding the 2 months of highest receipts. The
24		monthly average for the period of July 1, 1990 through June 30,
25		1991 will be determined as follows: the amounts collected by
26		the municipality under its home rule occupation and service

HB3342 Enrolled - 165 - LRB100 08528 SMS 18653 b
1		occupation tax during the period of July 1, 1990 through
2		September 30, 1990, plus amounts collected by the Department
3		and paid to such municipality through June 30, 1991, excluding
4		the 2 months of highest receipts. The monthly average for each
5		subsequent period of July 1 through June 30 shall be an amount
6		equal to the monthly distribution made to each such
7		municipality under the preceding paragraph during this period,
8		excluding the 2 months of highest receipts. The distribution
9		made in November 1991 and each year thereafter under this
10		paragraph and the preceding paragraph shall be reduced by the
11		amount allocated and disbursed under this paragraph in the
12		preceding period of July 1 through June 30. The Department
13		shall prepare and certify to the Comptroller for disbursement
14		the allocations made in accordance with this paragraph.
15		For the purpose of determining the local governmental unit
16		whose tax is applicable, a retail sale by a producer of coal or
17		other mineral mined in Illinois is a sale at retail at the
18		place where the coal or other mineral mined in Illinois is
19		extracted from the earth. This paragraph does not apply to coal
20		or other mineral when it is delivered or shipped by the seller
21		to the purchaser at a point outside Illinois so that the sale
22		is exempt under the United States Constitution as a sale in
23		interstate or foreign commerce.
24		Nothing in this Section shall be construed to authorize a
25		municipality to impose a tax upon the privilege of engaging in
26		any business which under the Constitution of the United States

HB3342 Enrolled - 166 - LRB100 08528 SMS 18653 b
1		may not be made the subject of taxation by this State.
2		An ordinance or resolution imposing or discontinuing a tax
3		hereunder or effecting a change in the rate thereof shall be
4		adopted and a certified copy thereof filed with the Department
5		on or before the first day of June, whereupon the Department
6		shall proceed to administer and enforce this Section as of the
7		first day of September next following the adoption and filing.
8		Beginning January 1, 1992, an ordinance or resolution imposing
9		or discontinuing the tax hereunder or effecting a change in the
10		rate thereof shall be adopted and a certified copy thereof
11		filed with the Department on or before the first day of July,
12		whereupon the Department shall proceed to administer and
13		enforce this Section as of the first day of October next
14		following such adoption and filing. Beginning January 1, 1993,
15		an ordinance or resolution imposing or discontinuing the tax
16		hereunder or effecting a change in the rate thereof shall be
17		adopted and a certified copy thereof filed with the Department
18		on or before the first day of October, whereupon the Department
19		shall proceed to administer and enforce this Section as of the
20		first day of January next following the adoption and filing.
21		However, a municipality located in a county with a population
22		in excess of 3,000,000 that elected to become a home rule unit
23		at the general primary election in 1994 may adopt an ordinance
24		or resolution imposing the tax under this Section and file a
25		certified copy of the ordinance or resolution with the
26		Department on or before July 1, 1994. The Department shall then

HB3342 Enrolled - 167 - LRB100 08528 SMS 18653 b
1		proceed to administer and enforce this Section as of October 1,
2		1994. Beginning April 1, 1998, an ordinance or resolution
3		imposing or discontinuing the tax hereunder or effecting a
4		change in the rate thereof shall either (i) be adopted and a
5		certified copy thereof filed with the Department on or before
6		the first day of April, whereupon the Department shall proceed
7		to administer and enforce this Section as of the first day of
8		July next following the adoption and filing; or (ii) be adopted
9		and a certified copy thereof filed with the Department on or
10		before the first day of October, whereupon the Department shall
11		proceed to administer and enforce this Section as of the first
12		day of January next following the adoption and filing.
13		When certifying the amount of a monthly disbursement to a
14		municipality under this Section, the Department shall increase
15		or decrease the amount by an amount necessary to offset any
16		misallocation of previous disbursements. The offset amount
17		shall be the amount erroneously disbursed within the previous 6
18		months from the time a misallocation is discovered.
19		Any unobligated balance remaining in the Municipal
20		Retailers' Occupation Tax Fund on December 31, 1989, which fund
21		was abolished by Public Act 85-1135, and all receipts of
22		municipal tax as a result of audits of liability periods prior
23		to January 1, 1990, shall be paid into the Local Government Tax
24		Fund for distribution as provided by this Section prior to the
25		enactment of Public Act 85-1135. All receipts of municipal tax
26		as a result of an assessment not arising from an audit, for

HB3342 Enrolled - 168 - LRB100 08528 SMS 18653 b
1		liability periods prior to January 1, 1990, shall be paid into
2		the Local Government Tax Fund for distribution before July 1,
3		1990, as provided by this Section prior to the enactment of
4		Public Act 85-1135; and on and after July 1, 1990, all such
5		receipts shall be distributed as provided in Section 6z-18 of
6		the State Finance Act.
7		As used in this Section, "municipal" and "municipality"
8		means a city, village or incorporated town, including an
9		incorporated town that has superseded a civil township.
10		This Section shall be known and may be cited as the Home
11		Rule Municipal Retailers' Occupation Tax Act.
12		(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
13		(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
14		Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
15		Occupation Tax Act. The corporate authorities of a non-home
16		rule municipality may impose a tax upon all persons engaged in
17		the business of selling tangible personal property, other than
18		on an item of tangible personal property which is titled and
19		registered by an agency of this State's Government, at retail
20		in the municipality for expenditure on public infrastructure or
21		for property tax relief or both as defined in Section 8-11-1.2
22		if approved by referendum as provided in Section 8-11-1.1, of
23		the gross receipts from such sales made in the course of such
24		business. If the tax is approved by referendum on or after July
25		14, 2010 (the effective date of Public Act 96-1057), the

HB3342 Enrolled - 169 - LRB100 08528 SMS 18653 b
1		corporate authorities of a non-home rule municipality may,
2		until December 31, 2020, use the proceeds of the tax for
3		expenditure on municipal operations, in addition to or in lieu
4		of any expenditure on public infrastructure or for property tax
5		relief. The tax imposed may not be more than 1% and may be
6		imposed only in 1/4% increments. The tax may not be imposed on
7		the sale of food for human consumption that is to be consumed
8		off the premises where it is sold (other than alcoholic
9		beverages, soft drinks, and food that has been prepared for
10		immediate consumption) and prescription and nonprescription
11		medicines, drugs, medical appliances, and insulin, urine
12		testing materials, syringes, and needles used by diabetics. The
13		tax imposed by a municipality pursuant to this Section and all
14		civil penalties that may be assessed as an incident thereof
15		shall be collected and enforced by the State Department of
16		Revenue. The certificate of registration which is issued by the
17		Department to a retailer under the Retailers' Occupation Tax
18		Act shall permit such retailer to engage in a business which is
19		taxable under any ordinance or resolution enacted pursuant to
20		this Section without registering separately with the
21		Department under such ordinance or resolution or under this
22		Section. The Department shall have full power to administer and
23		enforce this Section; to collect all taxes and penalties due
24		hereunder; to dispose of taxes and penalties so collected in
25		the manner hereinafter provided, and to determine all rights to
26		credit memoranda, arising on account of the erroneous payment

HB3342 Enrolled - 170 - LRB100 08528 SMS 18653 b
1		of tax or penalty hereunder. In the administration of, and
2		compliance with, this Section, the Department and persons who
3		are subject to this Section shall have the same rights,
4		remedies, privileges, immunities, powers and duties, and be
5		subject to the same conditions, restrictions, limitations,
6		penalties and definitions of terms, and employ the same modes
7		of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
8		1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
9		therein other than the State rate of tax), 2c, 3 (except as to
10		the disposition of taxes and penalties collected), 4, 5, 5a,
11		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
12		7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
13		and Section 3-7 of the Uniform Penalty and Interest Act as
14		fully as if those provisions were set forth herein.
15		No municipality may impose a tax under this Section unless
16		the municipality also imposes a tax at the same rate under
17		Section 8-11-1.4 of this Code.
18		Persons subject to any tax imposed pursuant to the
19		authority granted in this Section may reimburse themselves for
20		their seller's tax liability hereunder by separately stating
21		such tax as an additional charge, which charge may be stated in
22		combination, in a single amount, with State tax which sellers
23		are required to collect under the Use Tax Act, pursuant to such
24		bracket schedules as the Department may prescribe.
25		Whenever the Department determines that a refund should be
26		made under this Section to a claimant instead of issuing a

HB3342 Enrolled - 171 - LRB100 08528 SMS 18653 b
1		credit memorandum, the Department shall notify the State
2		Comptroller, who shall cause the order to be drawn for the
3		amount specified, and to the person named, in such notification
4		from the Department. Such refund shall be paid by the State
5		Treasurer out of the non-home rule municipal retailers'
6		occupation tax fund.
7		The Department shall forthwith pay over to the State
8		Treasurer, ex officio, as trustee, all taxes and penalties
9		collected hereunder.
10		As soon as possible after the first day of each month,
11		beginning January 1, 2011, upon certification of the Department
12		of Revenue, the Comptroller shall order transferred, and the
13		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
14		local sales tax increment, as defined in the Innovation
15		Development and Economy Act, collected under this Section
16		during the second preceding calendar month for sales within a
17		STAR bond district.
18		After the monthly transfer to the STAR Bonds Revenue Fund,
19		on or before the 25th day of each calendar month, the
20		Department shall prepare and certify to the Comptroller the
21		disbursement of stated sums of money to named municipalities,
22		the municipalities to be those from which retailers have paid
23		taxes or penalties hereunder to the Department during the
24		second preceding calendar month. The amount to be paid to each
25		municipality shall be the amount (not including credit
26		memoranda) collected hereunder during the second preceding

HB3342 Enrolled - 172 - LRB100 08528 SMS 18653 b
1		calendar month by the Department plus an amount the Department
2		determines is necessary to offset any amounts which were
3		erroneously paid to a different taxing body, and not including
4		an amount equal to the amount of refunds made during the second
5		preceding calendar month by the Department on behalf of such
6		municipality, and not including any amount which the Department
7		determines is necessary to offset any amounts which were
8		payable to a different taxing body but were erroneously paid to
9		the municipality, and not including any amounts that are
10		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
11		remainder, which the Department shall transfer into the Tax
12		Compliance and Administration Fund. The Department, at the time
13		of each monthly disbursement to the municipalities, shall
14		prepare and certify to the State Comptroller the amount to be
15		transferred into the Tax Compliance and Administration Fund
16		under this Section. Within 10 days after receipt, by the
17		Comptroller, of the disbursement certification to the
18		municipalities and the Tax Compliance and Administration Fund
19		provided for in this Section to be given to the Comptroller by
20		the Department, the Comptroller shall cause the orders to be
21		drawn for the respective amounts in accordance with the
22		directions contained in such certification.
23		For the purpose of determining the local governmental unit
24		whose tax is applicable, a retail sale, by a producer of coal
25		or other mineral mined in Illinois, is a sale at retail at the
26		place where the coal or other mineral mined in Illinois is

HB3342 Enrolled - 173 - LRB100 08528 SMS 18653 b
1		extracted from the earth. This paragraph does not apply to coal
2		or other mineral when it is delivered or shipped by the seller
3		to the purchaser at a point outside Illinois so that the sale
4		is exempt under the Federal Constitution as a sale in
5		interstate or foreign commerce.
6		Nothing in this Section shall be construed to authorize a
7		municipality to impose a tax upon the privilege of engaging in
8		any business which under the constitution of the United States
9		may not be made the subject of taxation by this State.
10		When certifying the amount of a monthly disbursement to a
11		municipality under this Section, the Department shall increase
12		or decrease such amount by an amount necessary to offset any
13		misallocation of previous disbursements. The offset amount
14		shall be the amount erroneously disbursed within the previous 6
15		months from the time a misallocation is discovered.
16		The Department of Revenue shall implement this amendatory
17		Act of the 91st General Assembly so as to collect the tax on
18		and after January 1, 2002.
19		As used in this Section, "municipal" and "municipality"
20		means a city, village or incorporated town, including an
21		incorporated town which has superseded a civil township.
22		This Section shall be known and may be cited as the
23		"Non-Home Rule Municipal Retailers' Occupation Tax Act".
24		(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
25		(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)

HB3342 Enrolled - 174 - LRB100 08528 SMS 18653 b
1		Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
2		Tax Act. The corporate authorities of a non-home rule
3		municipality may impose a tax upon all persons engaged, in such
4		municipality, in the business of making sales of service for
5		expenditure on public infrastructure or for property tax relief
6		or both as defined in Section 8-11-1.2 if approved by
7		referendum as provided in Section 8-11-1.1, of the selling
8		price of all tangible personal property transferred by such
9		servicemen either in the form of tangible personal property or
10		in the form of real estate as an incident to a sale of service.
11		If the tax is approved by referendum on or after July 14, 2010
12		(the effective date of Public Act 96-1057), the corporate
13		authorities of a non-home rule municipality may, until December
14		31, 2020, use the proceeds of the tax for expenditure on
15		municipal operations, in addition to or in lieu of any
16		expenditure on public infrastructure or for property tax
17		relief. The tax imposed may not be more than 1% and may be
18		imposed only in 1/4% increments. The tax may not be imposed on
19		the sale of food for human consumption that is to be consumed
20		off the premises where it is sold (other than alcoholic
21		beverages, soft drinks, and food that has been prepared for
22		immediate consumption) and prescription and nonprescription
23		medicines, drugs, medical appliances, and insulin, urine
24		testing materials, syringes, and needles used by diabetics. The
25		tax imposed by a municipality pursuant to this Section and all
26		civil penalties that may be assessed as an incident thereof

HB3342 Enrolled - 175 - LRB100 08528 SMS 18653 b
1		shall be collected and enforced by the State Department of
2		Revenue. The certificate of registration which is issued by the
3		Department to a retailer under the Retailers' Occupation Tax
4		Act or under the Service Occupation Tax Act shall permit such
5		registrant to engage in a business which is taxable under any
6		ordinance or resolution enacted pursuant to this Section
7		without registering separately with the Department under such
8		ordinance or resolution or under this Section. The Department
9		shall have full power to administer and enforce this Section;
10		to collect all taxes and penalties due hereunder; to dispose of
11		taxes and penalties so collected in the manner hereinafter
12		provided, and to determine all rights to credit memoranda
13		arising on account of the erroneous payment of tax or penalty
14		hereunder. In the administration of, and compliance with, this
15		Section the Department and persons who are subject to this
16		Section shall have the same rights, remedies, privileges,
17		immunities, powers and duties, and be subject to the same
18		conditions, restrictions, limitations, penalties and
19		definitions of terms, and employ the same modes of procedure,
20		as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
21		respect to all provisions therein other than the State rate of
22		tax), 4 (except that the reference to the State shall be to the
23		taxing municipality), 5, 7, 8 (except that the jurisdiction to
24		which the tax shall be a debt to the extent indicated in that
25		Section 8 shall be the taxing municipality), 9 (except as to
26		the disposition of taxes and penalties collected, and except

HB3342 Enrolled - 176 - LRB100 08528 SMS 18653 b
1		that the returned merchandise credit for this municipal tax may
2		not be taken against any State tax), 10, 11, 12 (except the
3		reference therein to Section 2b of the Retailers' Occupation
4		Tax Act), 13 (except that any reference to the State shall mean
5		the taxing municipality), the first paragraph of Section 15,
6		16, 17, 18, 19 and 20 of the Service Occupation Tax Act and
7		Section 3-7 of the Uniform Penalty and Interest Act, as fully
8		as if those provisions were set forth herein.
9		No municipality may impose a tax under this Section unless
10		the municipality also imposes a tax at the same rate under
11		Section 8-11-1.3 of this Code.
12		Persons subject to any tax imposed pursuant to the
13		authority granted in this Section may reimburse themselves for
14		their serviceman's tax liability hereunder by separately
15		stating such tax as an additional charge, which charge may be
16		stated in combination, in a single amount, with State tax which
17		servicemen are authorized to collect under the Service Use Tax
18		Act, pursuant to such bracket schedules as the Department may
19		prescribe.
20		Whenever the Department determines that a refund should be
21		made under this Section to a claimant instead of issuing credit
22		memorandum, the Department shall notify the State Comptroller,
23		who shall cause the order to be drawn for the amount specified,
24		and to the person named, in such notification from the
25		Department. Such refund shall be paid by the State Treasurer
26		out of the municipal retailers' occupation tax fund.

HB3342 Enrolled - 177 - LRB100 08528 SMS 18653 b
1		The Department shall forthwith pay over to the State
2		Treasurer, ex officio, as trustee, all taxes and penalties
3		collected hereunder.
4		As soon as possible after the first day of each month,
5		beginning January 1, 2011, upon certification of the Department
6		of Revenue, the Comptroller shall order transferred, and the
7		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
8		local sales tax increment, as defined in the Innovation
9		Development and Economy Act, collected under this Section
10		during the second preceding calendar month for sales within a
11		STAR bond district.
12		After the monthly transfer to the STAR Bonds Revenue Fund,
13		on or before the 25th day of each calendar month, the
14		Department shall prepare and certify to the Comptroller the
15		disbursement of stated sums of money to named municipalities,
16		the municipalities to be those from which suppliers and
17		servicemen have paid taxes or penalties hereunder to the
18		Department during the second preceding calendar month. The
19		amount to be paid to each municipality shall be the amount (not
20		including credit memoranda) collected hereunder during the
21		second preceding calendar month by the Department, and not
22		including an amount equal to the amount of refunds made during
23		the second preceding calendar month by the Department on behalf
24		of such municipality, and not including any amounts that are
25		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
26		remainder, which the Department shall transfer into the Tax

HB3342 Enrolled - 178 - LRB100 08528 SMS 18653 b
1		Compliance and Administration Fund. The Department, at the time
2		of each monthly disbursement to the municipalities, shall
3		prepare and certify to the State Comptroller the amount to be
4		transferred into the Tax Compliance and Administration Fund
5		under this Section. Within 10 days after receipt, by the
6		Comptroller, of the disbursement certification to the
7		municipalities, the General Revenue Fund, and the Tax
8		Compliance and Administration Fund provided for in this Section
9		to be given to the Comptroller by the Department, the
10		Comptroller shall cause the orders to be drawn for the
11		respective amounts in accordance with the directions contained
12		in such certification.
13		The Department of Revenue shall implement this amendatory
14		Act of the 91st General Assembly so as to collect the tax on
15		and after January 1, 2002.
16		Nothing in this Section shall be construed to authorize a
17		municipality to impose a tax upon the privilege of engaging in
18		any business which under the constitution of the United States
19		may not be made the subject of taxation by this State.
20		As used in this Section, "municipal" or "municipality"
21		means or refers to a city, village or incorporated town,
22		including an incorporated town which has superseded a civil
23		township.
24		This Section shall be known and may be cited as the
25		"Non-Home Rule Municipal Service Occupation Tax Act".
26		(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled - 179 - LRB100 08528 SMS 18653 b
1		(65 ILCS 5/8-11-1.6)
2		Sec. 8-11-1.6. Non-home rule municipal retailers
3		occupation tax; municipalities between 20,000 and 25,000. The
4		corporate authorities of a non-home rule municipality with a
5		population of more than 20,000 but less than 25,000 that has,
6		prior to January 1, 1987, established a Redevelopment Project
7		Area that has been certified as a State Sales Tax Boundary and
8		has issued bonds or otherwise incurred indebtedness to pay for
9		costs in excess of $5,000,000, which is secured in part by a
10		tax increment allocation fund, in accordance with the
11		provisions of Division 11-74.4 of this Code may, by passage of
12		an ordinance, impose a tax upon all persons engaged in the
13		business of selling tangible personal property, other than on
14		an item of tangible personal property that is titled and
15		registered by an agency of this State's Government, at retail
16		in the municipality. This tax may not be imposed on the sales
17		of food for human consumption that is to be consumed off the
18		premises where it is sold (other than alcoholic beverages, soft
19		drinks, and food that has been prepared for immediate
20		consumption) and prescription and nonprescription medicines,
21		drugs, medical appliances and insulin, urine testing
22		materials, syringes, and needles used by diabetics. If imposed,
23		the tax shall only be imposed in .25% increments of the gross
24		receipts from such sales made in the course of business. Any
25		tax imposed by a municipality under this Section and all civil

HB3342 Enrolled - 180 - LRB100 08528 SMS 18653 b
1		penalties that may be assessed as an incident thereof shall be
2		collected and enforced by the State Department of Revenue. An
3		ordinance imposing a tax hereunder or effecting a change in the
4		rate thereof shall be adopted and a certified copy thereof
5		filed with the Department on or before the first day of
6		October, whereupon the Department shall proceed to administer
7		and enforce this Section as of the first day of January next
8		following such adoption and filing. The certificate of
9		registration that is issued by the Department to a retailer
10		under the Retailers' Occupation Tax Act shall permit the
11		retailer to engage in a business that is taxable under any
12		ordinance or resolution enacted under this Section without
13		registering separately with the Department under the ordinance
14		or resolution or under this Section. The Department shall have
15		full power to administer and enforce this Section, to collect
16		all taxes and penalties due hereunder, to dispose of taxes and
17		penalties so collected in the manner hereinafter provided, and
18		to determine all rights to credit memoranda, arising on account
19		of the erroneous payment of tax or penalty hereunder. In the
20		administration of, and compliance with this Section, the
21		Department and persons who are subject to this Section shall
22		have the same rights, remedies, privileges, immunities,
23		powers, and duties, and be subject to the same conditions,
24		restrictions, limitations, penalties, and definitions of
25		terms, and employ the same modes of procedure, as are
26		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2

HB3342 Enrolled - 181 - LRB100 08528 SMS 18653 b
1		through 2-65 (in respect to all provisions therein other than
2		the State rate of tax), 2c, 3 (except as to the disposition of
3		taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
4		5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
5		and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
6		the Uniform Penalty and Interest Act as fully as if those
7		provisions were set forth herein.
8		A tax may not be imposed by a municipality under this
9		Section unless the municipality also imposes a tax at the same
10		rate under Section 8-11-1.7 of this Act.
11		Persons subject to any tax imposed under the authority
12		granted in this Section, may reimburse themselves for their
13		seller's tax liability hereunder by separately stating the tax
14		as an additional charge, which charge may be stated in
15		combination, in a single amount, with State tax which sellers
16		are required to collect under the Use Tax Act, pursuant to such
17		bracket schedules as the Department may prescribe.
18		Whenever the Department determines that a refund should be
19		made under this Section to a claimant, instead of issuing a
20		credit memorandum, the Department shall notify the State
21		Comptroller, who shall cause the order to be drawn for the
22		amount specified, and to the person named in the notification
23		from the Department. The refund shall be paid by the State
24		Treasurer out of the Non-Home Rule Municipal Retailers'
25		Occupation Tax Fund, which is hereby created.
26		The Department shall forthwith pay over to the State

HB3342 Enrolled - 182 - LRB100 08528 SMS 18653 b
1		Treasurer, ex officio, as trustee, all taxes and penalties
2		collected hereunder.
3		As soon as possible after the first day of each month,
4		beginning January 1, 2011, upon certification of the Department
5		of Revenue, the Comptroller shall order transferred, and the
6		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
7		local sales tax increment, as defined in the Innovation
8		Development and Economy Act, collected under this Section
9		during the second preceding calendar month for sales within a
10		STAR bond district.
11		After the monthly transfer to the STAR Bonds Revenue Fund,
12		on or before the 25th day of each calendar month, the
13		Department shall prepare and certify to the Comptroller the
14		disbursement of stated sums of money to named municipalities,
15		the municipalities to be those from which retailers have paid
16		taxes or penalties hereunder to the Department during the
17		second preceding calendar month. The amount to be paid to each
18		municipality shall be the amount (not including credit
19		memoranda) collected hereunder during the second preceding
20		calendar month by the Department plus an amount the Department
21		determines is necessary to offset any amounts that were
22		erroneously paid to a different taxing body, and not including
23		an amount equal to the amount of refunds made during the second
24		preceding calendar month by the Department on behalf of the
25		municipality, and not including any amount that the Department
26		determines is necessary to offset any amounts that were payable

HB3342 Enrolled - 183 - LRB100 08528 SMS 18653 b
1		to a different taxing body but were erroneously paid to the
2		municipality, and not including any amounts that are
3		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
4		remainder, which the Department shall transfer into the Tax
5		Compliance and Administration Fund. The Department, at the time
6		of each monthly disbursement to the municipalities, shall
7		prepare and certify to the State Comptroller the amount to be
8		transferred into the Tax Compliance and Administration Fund
9		under this Section. Within 10 days after receipt by the
10		Comptroller of the disbursement certification to the
11		municipalities and the Tax Compliance and Administration Fund
12		provided for in this Section to be given to the Comptroller by
13		the Department, the Comptroller shall cause the orders to be
14		drawn for the respective amounts in accordance with the
15		directions contained in the certification.
16		For the purpose of determining the local governmental unit
17		whose tax is applicable, a retail sale by a producer of coal or
18		other mineral mined in Illinois is a sale at retail at the
19		place where the coal or other mineral mined in Illinois is
20		extracted from the earth. This paragraph does not apply to coal
21		or other mineral when it is delivered or shipped by the seller
22		to the purchaser at a point outside Illinois so that the sale
23		is exempt under the federal Constitution as a sale in
24		interstate or foreign commerce.
25		Nothing in this Section shall be construed to authorize a
26		municipality to impose a tax upon the privilege of engaging in

HB3342 Enrolled - 184 - LRB100 08528 SMS 18653 b
1		any business which under the constitution of the United States
2		may not be made the subject of taxation by this State.
3		When certifying the amount of a monthly disbursement to a
4		municipality under this Section, the Department shall increase
5		or decrease the amount by an amount necessary to offset any
6		misallocation of previous disbursements. The offset amount
7		shall be the amount erroneously disbursed within the previous 6
8		months from the time a misallocation is discovered.
9		As used in this Section, "municipal" and "municipality"
10		means a city, village, or incorporated town, including an
11		incorporated town that has superseded a civil township.
12		(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
13		100-23, eff. 7-6-17; revised 10-3-17.)
14		(65 ILCS 5/8-11-1.7)
15		Sec. 8-11-1.7. Non-home rule municipal service occupation
16		tax; municipalities between 20,000 and 25,000. The corporate
17		authorities of a non-home rule municipality with a population
18		of more than 20,000 but less than 25,000 as determined by the
19		last preceding decennial census that has, prior to January 1,
20		1987, established a Redevelopment Project Area that has been
21		certified as a State Sales Tax Boundary and has issued bonds or
22		otherwise incurred indebtedness to pay for costs in excess of
23		$5,000,000, which is secured in part by a tax increment
24		allocation fund, in accordance with the provisions of Division
25		11-74.4 of this Code may, by passage of an ordinance, impose a

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1		tax upon all persons engaged in the municipality in the
2		business of making sales of service. If imposed, the tax shall
3		only be imposed in .25% increments of the selling price of all
4		tangible personal property transferred by such servicemen
5		either in the form of tangible personal property or in the form
6		of real estate as an incident to a sale of service. This tax
7		may not be imposed on the sales of food for human consumption
8		that is to be consumed off the premises where it is sold (other
9		than alcoholic beverages, soft drinks, and food that has been
10		prepared for immediate consumption) and prescription and
11		nonprescription medicines, drugs, medical appliances and
12		insulin, urine testing materials, syringes, and needles used by
13		diabetics. The tax imposed by a municipality under this Section
14		Sec. and all civil penalties that may be assessed as an
15		incident thereof shall be collected and enforced by the State
16		Department of Revenue. An ordinance imposing a tax hereunder or
17		effecting a change in the rate thereof shall be adopted and a
18		certified copy thereof filed with the Department on or before
19		the first day of October, whereupon the Department shall
20		proceed to administer and enforce this Section as of the first
21		day of January next following such adoption and filing. The
22		certificate of registration that is issued by the Department to
23		a retailer under the Retailers' Occupation Tax Act or under the
24		Service Occupation Tax Act shall permit the registrant to
25		engage in a business that is taxable under any ordinance or
26		resolution enacted under this Section without registering

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1		separately with the Department under the ordinance or
2		resolution or under this Section. The Department shall have
3		full power to administer and enforce this Section, to collect
4		all taxes and penalties due hereunder, to dispose of taxes and
5		penalties so collected in a manner hereinafter provided, and to
6		determine all rights to credit memoranda arising on account of
7		the erroneous payment of tax or penalty hereunder. In the
8		administration of and compliance with this Section, the
9		Department and persons who are subject to this Section shall
10		have the same rights, remedies, privileges, immunities,
11		powers, and duties, and be subject to the same conditions,
12		restrictions, limitations, penalties and definitions of terms,
13		and employ the same modes of procedure, as are prescribed in
14		Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
15		provisions therein other than the State rate of tax), 4 (except
16		that the reference to the State shall be to the taxing
17		municipality), 5, 7, 8 (except that the jurisdiction to which
18		the tax shall be a debt to the extent indicated in that Section
19		8 shall be the taxing municipality), 9 (except as to the
20		disposition of taxes and penalties collected, and except that
21		the returned merchandise credit for this municipal tax may not
22		be taken against any State tax), 10, 11, 12, (except the
23		reference therein to Section 2b of the Retailers' Occupation
24		Tax Act), 13 (except that any reference to the State shall mean
25		the taxing municipality), the first paragraph of Sections 15,
26		16, 17, 18, 19, and 20 of the Service Occupation Tax Act and

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1		Section 3-7 of the Uniform Penalty and Interest Act, as fully
2		as if those provisions were set forth herein.
3		A tax may not be imposed by a municipality under this
4		Section unless the municipality also imposes a tax at the same
5		rate under Section 8-11-1.6 of this Act.
6		Person subject to any tax imposed under the authority
7		granted in this Section may reimburse themselves for their
8		servicemen's tax liability hereunder by separately stating the
9		tax as an additional charge, which charge may be stated in
10		combination, in a single amount, with State tax that servicemen
11		are authorized to collect under the Service Use Tax Act, under
12		such bracket schedules as the Department may prescribe.
13		Whenever the Department determines that a refund should be
14		made under this Section to a claimant instead of issuing credit
15		memorandum, the Department shall notify the State Comptroller,
16		who shall cause the order to be drawn for the amount specified,
17		and to the person named, in such notification from the
18		Department. The refund shall be paid by the State Treasurer out
19		of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
20		The Department shall forthwith pay over to the State
21		Treasurer, ex officio, as trustee, all taxes and penalties
22		collected hereunder.
23		As soon as possible after the first day of each month,
24		beginning January 1, 2011, upon certification of the Department
25		of Revenue, the Comptroller shall order transferred, and the
26		Treasurer shall transfer, to the STAR Bonds Revenue Fund the

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1		local sales tax increment, as defined in the Innovation
2		Development and Economy Act, collected under this Section
3		during the second preceding calendar month for sales within a
4		STAR bond district.
5		After the monthly transfer to the STAR Bonds Revenue Fund,
6		on or before the 25th day of each calendar month, the
7		Department shall prepare and certify to the Comptroller the
8		disbursement of stated sums of money to named municipalities,
9		the municipalities to be those from which suppliers and
10		servicemen have paid taxes or penalties hereunder to the
11		Department during the second preceding calendar month. The
12		amount to be paid to each municipality shall be the amount (not
13		including credit memoranda) collected hereunder during the
14		second preceding calendar month by the Department, and not
15		including an amount equal to the amount of refunds made during
16		the second preceding calendar month by the Department on behalf
17		of such municipality, and not including any amounts that are
18		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
19		remainder, which the Department shall transfer into the Tax
20		Compliance and Administration Fund. The Department, at the time
21		of each monthly disbursement to the municipalities, shall
22		prepare and certify to the State Comptroller the amount to be
23		transferred into the Tax Compliance and Administration Fund
24		under this Section. Within 10 days after receipt by the
25		Comptroller of the disbursement certification to the
26		municipalities, the Tax Compliance and Administration Fund,

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1		and the General Revenue Fund, provided for in this Section to
2		be given to the Comptroller by the Department, the Comptroller
3		shall cause the orders to be drawn for the respective amounts
4		in accordance with the directions contained in the
5		certification.
6		When certifying the amount of a monthly disbursement to a
7		municipality under this Section, the Department shall increase
8		or decrease the amount by an amount necessary to offset any
9		misallocation of previous disbursements. The offset amount
10		shall be the amount erroneously disbursed within the previous 6
11		months from the time a misallocation is discovered.
12		Nothing in this Section shall be construed to authorize a
13		municipality to impose a tax upon the privilege of engaging in
14		any business which under the constitution of the United States
15		may not be made the subject of taxation by this State.
16		(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
17		(65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)
18		Sec. 8-11-5. Home Rule Municipal Service Occupation Tax
19		Act. The corporate authorities of a home rule municipality may
20		impose a tax upon all persons engaged, in such municipality, in
21		the business of making sales of service at the same rate of tax
22		imposed pursuant to Section 8-11-1, of the selling price of all
23		tangible personal property transferred by such servicemen
24		either in the form of tangible personal property or in the form
25		of real estate as an incident to a sale of service. If imposed,

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1		such tax shall only be imposed in 1/4% increments. On and after
2		September 1, 1991, this additional tax may not be imposed on
3		the sales of food for human consumption which is to be consumed
4		off the premises where it is sold (other than alcoholic
5		beverages, soft drinks and food which has been prepared for
6		immediate consumption) and prescription and nonprescription
7		medicines, drugs, medical appliances and insulin, urine
8		testing materials, syringes and needles used by diabetics. The
9		tax imposed by a home rule municipality pursuant to this
10		Section and all civil penalties that may be assessed as an
11		incident thereof shall be collected and enforced by the State
12		Department of Revenue. The certificate of registration which is
13		issued by the Department to a retailer under the Retailers'
14		Occupation Tax Act or under the Service Occupation Tax Act
15		shall permit such registrant to engage in a business which is
16		taxable under any ordinance or resolution enacted pursuant to
17		this Section without registering separately with the
18		Department under such ordinance or resolution or under this
19		Section. The Department shall have full power to administer and
20		enforce this Section; to collect all taxes and penalties due
21		hereunder; to dispose of taxes and penalties so collected in
22		the manner hereinafter provided, and to determine all rights to
23		credit memoranda arising on account of the erroneous payment of
24		tax or penalty hereunder. In the administration of, and
25		compliance with, this Section the Department and persons who
26		are subject to this Section shall have the same rights,

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1		remedies, privileges, immunities, powers and duties, and be
2		subject to the same conditions, restrictions, limitations,
3		penalties and definitions of terms, and employ the same modes
4		of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
5		through 3-50 (in respect to all provisions therein other than
6		the State rate of tax), 4 (except that the reference to the
7		State shall be to the taxing municipality), 5, 7, 8 (except
8		that the jurisdiction to which the tax shall be a debt to the
9		extent indicated in that Section 8 shall be the taxing
10		municipality), 9 (except as to the disposition of taxes and
11		penalties collected, and except that the returned merchandise
12		credit for this municipal tax may not be taken against any
13		State tax), 10, 11, 12 (except the reference therein to Section
14		2b of the Retailers' Occupation Tax Act), 13 (except that any
15		reference to the State shall mean the taxing municipality), the
16		first paragraph of Section 15, 16, 17 (except that credit
17		memoranda issued hereunder may not be used to discharge any
18		State tax liability), 18, 19 and 20 of the Service Occupation
19		Tax Act and Section 3-7 of the Uniform Penalty and Interest
20		Act, as fully as if those provisions were set forth herein.
21		No tax may be imposed by a home rule municipality pursuant
22		to this Section unless such municipality also imposes a tax at
23		the same rate pursuant to Section 8-11-1 of this Act.
24		Persons subject to any tax imposed pursuant to the
25		authority granted in this Section may reimburse themselves for
26		their serviceman's tax liability hereunder by separately

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1		stating such tax as an additional charge, which charge may be
2		stated in combination, in a single amount, with State tax which
3		servicemen are authorized to collect under the Service Use Tax
4		Act, pursuant to such bracket schedules as the Department may
5		prescribe.
6		Whenever the Department determines that a refund should be
7		made under this Section to a claimant instead of issuing credit
8		memorandum, the Department shall notify the State Comptroller,
9		who shall cause the order to be drawn for the amount specified,
10		and to the person named, in such notification from the
11		Department. Such refund shall be paid by the State Treasurer
12		out of the home rule municipal retailers' occupation tax fund.
13		The Department shall forthwith pay over to the State
14		Treasurer, ex-officio, as trustee, all taxes and penalties
15		collected hereunder.
16		As soon as possible after the first day of each month,
17		beginning January 1, 2011, upon certification of the Department
18		of Revenue, the Comptroller shall order transferred, and the
19		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20		local sales tax increment, as defined in the Innovation
21		Development and Economy Act, collected under this Section
22		during the second preceding calendar month for sales within a
23		STAR bond district.
24		After the monthly transfer to the STAR Bonds Revenue Fund,
25		on or before the 25th day of each calendar month, the
26		Department shall prepare and certify to the Comptroller the

HB3342 Enrolled - 193 - LRB100 08528 SMS 18653 b
1		disbursement of stated sums of money to named municipalities,
2		the municipalities to be those from which suppliers and
3		servicemen have paid taxes or penalties hereunder to the
4		Department during the second preceding calendar month. The
5		amount to be paid to each municipality shall be the amount (not
6		including credit memoranda) collected hereunder during the
7		second preceding calendar month by the Department, and not
8		including an amount equal to the amount of refunds made during
9		the second preceding calendar month by the Department on behalf
10		of such municipality, and not including any amounts that are
11		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
12		remainder, which the Department shall transfer into the Tax
13		Compliance and Administration Fund. The Department, at the time
14		of each monthly disbursement to the municipalities, shall
15		prepare and certify to the State Comptroller the amount to be
16		transferred into the Tax Compliance and Administration Fund
17		under this Section. Within 10 days after receipt, by the
18		Comptroller, of the disbursement certification to the
19		municipalities and the Tax Compliance and Administration Fund
20		provided for in this Section to be given to the Comptroller by
21		the Department, the Comptroller shall cause the orders to be
22		drawn for the respective amounts in accordance with the
23		directions contained in such certification.
24		In addition to the disbursement required by the preceding
25		paragraph and in order to mitigate delays caused by
26		distribution procedures, an allocation shall, if requested, be

HB3342 Enrolled - 194 - LRB100 08528 SMS 18653 b
1		made within 10 days after January 14, 1991, and in November of
2		1991 and each year thereafter, to each municipality that
3		received more than $500,000 during the preceding fiscal year,
4		(July 1 through June 30) whether collected by the municipality
5		or disbursed by the Department as required by this Section.
6		Within 10 days after January 14, 1991, participating
7		municipalities shall notify the Department in writing of their
8		intent to participate. In addition, for the initial
9		distribution, participating municipalities shall certify to
10		the Department the amounts collected by the municipality for
11		each month under its home rule occupation and service
12		occupation tax during the period July 1, 1989 through June 30,
13		1990. The allocation within 10 days after January 14, 1991,
14		shall be in an amount equal to the monthly average of these
15		amounts, excluding the 2 months of highest receipts. Monthly
16		average for the period of July 1, 1990 through June 30, 1991
17		will be determined as follows: the amounts collected by the
18		municipality under its home rule occupation and service
19		occupation tax during the period of July 1, 1990 through
20		September 30, 1990, plus amounts collected by the Department
21		and paid to such municipality through June 30, 1991, excluding
22		the 2 months of highest receipts. The monthly average for each
23		subsequent period of July 1 through June 30 shall be an amount
24		equal to the monthly distribution made to each such
25		municipality under the preceding paragraph during this period,
26		excluding the 2 months of highest receipts. The distribution

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1		made in November 1991 and each year thereafter under this
2		paragraph and the preceding paragraph shall be reduced by the
3		amount allocated and disbursed under this paragraph in the
4		preceding period of July 1 through June 30. The Department
5		shall prepare and certify to the Comptroller for disbursement
6		the allocations made in accordance with this paragraph.
7		Nothing in this Section shall be construed to authorize a
8		municipality to impose a tax upon the privilege of engaging in
9		any business which under the constitution of the United States
10		may not be made the subject of taxation by this State.
11		An ordinance or resolution imposing or discontinuing a tax
12		hereunder or effecting a change in the rate thereof shall be
13		adopted and a certified copy thereof filed with the Department
14		on or before the first day of June, whereupon the Department
15		shall proceed to administer and enforce this Section as of the
16		first day of September next following such adoption and filing.
17		Beginning January 1, 1992, an ordinance or resolution imposing
18		or discontinuing the tax hereunder or effecting a change in the
19		rate thereof shall be adopted and a certified copy thereof
20		filed with the Department on or before the first day of July,
21		whereupon the Department shall proceed to administer and
22		enforce this Section as of the first day of October next
23		following such adoption and filing. Beginning January 1, 1993,
24		an ordinance or resolution imposing or discontinuing the tax
25		hereunder or effecting a change in the rate thereof shall be
26		adopted and a certified copy thereof filed with the Department

HB3342 Enrolled - 196 - LRB100 08528 SMS 18653 b
1		on or before the first day of October, whereupon the Department
2		shall proceed to administer and enforce this Section as of the
3		first day of January next following such adoption and filing.
4		However, a municipality located in a county with a population
5		in excess of 3,000,000 that elected to become a home rule unit
6		at the general primary election in 1994 may adopt an ordinance
7		or resolution imposing the tax under this Section and file a
8		certified copy of the ordinance or resolution with the
9		Department on or before July 1, 1994. The Department shall then
10		proceed to administer and enforce this Section as of October 1,
11		1994. Beginning April 1, 1998, an ordinance or resolution
12		imposing or discontinuing the tax hereunder or effecting a
13		change in the rate thereof shall either (i) be adopted and a
14		certified copy thereof filed with the Department on or before
15		the first day of April, whereupon the Department shall proceed
16		to administer and enforce this Section as of the first day of
17		July next following the adoption and filing; or (ii) be adopted
18		and a certified copy thereof filed with the Department on or
19		before the first day of October, whereupon the Department shall
20		proceed to administer and enforce this Section as of the first
21		day of January next following the adoption and filing.
22		Any unobligated balance remaining in the Municipal
23		Retailers' Occupation Tax Fund on December 31, 1989, which fund
24		was abolished by Public Act 85-1135, and all receipts of
25		municipal tax as a result of audits of liability periods prior
26		to January 1, 1990, shall be paid into the Local Government Tax

HB3342 Enrolled - 197 - LRB100 08528 SMS 18653 b
1		Fund, for distribution as provided by this Section prior to the
2		enactment of Public Act 85-1135. All receipts of municipal tax
3		as a result of an assessment not arising from an audit, for
4		liability periods prior to January 1, 1990, shall be paid into
5		the Local Government Tax Fund for distribution before July 1,
6		1990, as provided by this Section prior to the enactment of
7		Public Act 85-1135, and on and after July 1, 1990, all such
8		receipts shall be distributed as provided in Section 6z-18 of
9		the State Finance Act.
10		As used in this Section, "municipal" and "municipality"
11		means a city, village or incorporated town, including an
12		incorporated town which has superseded a civil township.
13		This Section shall be known and may be cited as the Home
14		Rule Municipal Service Occupation Tax Act.
15		(Source: P.A. 100-23, eff. 7-6-17.)
16		Section 20-20. The Metropolitan Pier and Exposition
17		Authority Act is amended by changing Section 13 as follows:
18		(70 ILCS 210/13) (from Ch. 85, par. 1233)
19		Sec. 13. (a) The Authority shall not have power to levy
20		taxes for any purpose, except as provided in subsections (b),
21		(c), (d), (e), and (f).
22		(b) By ordinance the Authority shall, as soon as
23		practicable after July 1, 1992 (the effective date of Public
24		Act 87-733) this amendatory Act of 1991, impose a Metropolitan

HB3342 Enrolled - 198 - LRB100 08528 SMS 18653 b
1		Pier and Exposition Authority Retailers' Occupation Tax upon
2		all persons engaged in the business of selling tangible
3		personal property at retail within the territory described in
4		this subsection at the rate of 1.0% of the gross receipts (i)
5		from the sale of food, alcoholic beverages, and soft drinks
6		sold for consumption on the premises where sold and (ii) from
7		the sale of food, alcoholic beverages, and soft drinks sold for
8		consumption off the premises where sold by a retailer whose
9		principal source of gross receipts is from the sale of food,
10		alcoholic beverages, and soft drinks prepared for immediate
11		consumption.
12		The tax imposed under this subsection and all civil
13		penalties that may be assessed as an incident to that tax shall
14		be collected and enforced by the Illinois Department of
15		Revenue. The Department shall have full power to administer and
16		enforce this subsection, to collect all taxes and penalties so
17		collected in the manner provided in this subsection, and to
18		determine all rights to credit memoranda arising on account of
19		the erroneous payment of tax or penalty under this subsection.
20		In the administration of and compliance with this subsection,
21		the Department and persons who are subject to this subsection
22		shall have the same rights, remedies, privileges, immunities,
23		powers, and duties, shall be subject to the same conditions,
24		restrictions, limitations, penalties, exclusions, exemptions,
25		and definitions of terms, and shall employ the same modes of
26		procedure applicable to this Retailers' Occupation Tax as are

HB3342 Enrolled - 199 - LRB100 08528 SMS 18653 b
1		prescribed in Sections 1, 2 through 2-65 (in respect to all
2		provisions of those Sections other than the State rate of
3		taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
4		and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
5		5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
6		1, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
7		after January 1, 1994, all applicable provisions of the Uniform
8		Penalty and Interest Act that are not inconsistent with this
9		Act, as fully as if provisions contained in those Sections of
10		the Retailers' Occupation Tax Act were set forth in this
11		subsection.
12		Persons subject to any tax imposed under the authority
13		granted in this subsection may reimburse themselves for their
14		seller's tax liability under this subsection by separately
15		stating that tax as an additional charge, which charge may be
16		stated in combination, in a single amount, with State taxes
17		that sellers are required to collect under the Use Tax Act,
18		pursuant to bracket schedules as the Department may prescribe.
19		The retailer filing the return shall, at the time of filing the
20		return, pay to the Department the amount of tax imposed under
21		this subsection, less a discount of 1.75%, which is allowed to
22		reimburse the retailer for the expenses incurred in keeping
23		records, preparing and filing returns, remitting the tax, and
24		supplying data to the Department on request.
25		Whenever the Department determines that a refund should be
26		made under this subsection to a claimant instead of issuing a

HB3342 Enrolled - 200 - LRB100 08528 SMS 18653 b
1		credit memorandum, the Department shall notify the State
2		Comptroller, who shall cause a warrant to be drawn for the
3		amount specified and to the person named in the notification
4		from the Department. The refund shall be paid by the State
5		Treasurer out of the Metropolitan Pier and Exposition Authority
6		trust fund held by the State Treasurer as trustee for the
7		Authority.
8		Nothing in this subsection authorizes the Authority to
9		impose a tax upon the privilege of engaging in any business
10		that under the Constitution of the United States may not be
11		made the subject of taxation by this State.
12		The Department shall forthwith pay over to the State
13		Treasurer, ex officio, as trustee for the Authority, all taxes
14		and penalties collected under this subsection for deposit into
15		a trust fund held outside of the State Treasury.
16		As soon as possible after the first day of each month,
17		beginning January 1, 2011, upon certification of the Department
18		of Revenue, the Comptroller shall order transferred, and the
19		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
20		local sales tax increment, as defined in the Innovation
21		Development and Economy Act, collected under this subsection
22		during the second preceding calendar month for sales within a
23		STAR bond district.
24		After the monthly transfer to the STAR Bonds Revenue Fund,
25		on or before the 25th day of each calendar month, the
26		Department shall prepare and certify to the Comptroller the

HB3342 Enrolled - 201 - LRB100 08528 SMS 18653 b
1		amounts to be paid under subsection (g) of this Section, which
2		shall be the amounts, not including credit memoranda, collected
3		under this subsection during the second preceding calendar
4		month by the Department, less any amounts determined by the
5		Department to be necessary for the payment of refunds, less
6		1.5% 2% of such balance, which sum shall be deposited by the
7		State Treasurer into the Tax Compliance and Administration Fund
8		in the State Treasury from which it shall be appropriated to
9		the Department to cover the costs of the Department in
10		administering and enforcing the provisions of this subsection,
11		and less any amounts that are transferred to the STAR Bonds
12		Revenue Fund. Within 10 days after receipt by the Comptroller
13		of the certification, the Comptroller shall cause the orders to
14		be drawn for the remaining amounts, and the Treasurer shall
15		administer those amounts as required in subsection (g).
16		A certificate of registration issued by the Illinois
17		Department of Revenue to a retailer under the Retailers'
18		Occupation Tax Act shall permit the registrant to engage in a
19		business that is taxed under the tax imposed under this
20		subsection, and no additional registration shall be required
21		under the ordinance imposing the tax or under this subsection.
22		A certified copy of any ordinance imposing or discontinuing
23		any tax under this subsection or effecting a change in the rate
24		of that tax shall be filed with the Department, whereupon the
25		Department shall proceed to administer and enforce this
26		subsection on behalf of the Authority as of the first day of

HB3342 Enrolled - 202 - LRB100 08528 SMS 18653 b
1		the third calendar month following the date of filing.
2		The tax authorized to be levied under this subsection may
3		be levied within all or any part of the following described
4		portions of the metropolitan area:
5		(1) that portion of the City of Chicago located within
6		the following area: Beginning at the point of intersection
7		of the Cook County - DuPage County line and York Road, then
8		North along York Road to its intersection with Touhy
9		Avenue, then east along Touhy Avenue to its intersection
10		with the Northwest Tollway, then southeast along the
11		Northwest Tollway to its intersection with Lee Street, then
12		south along Lee Street to Higgins Road, then south and east
13		along Higgins Road to its intersection with Mannheim Road,
14		then south along Mannheim Road to its intersection with
15		Irving Park Road, then west along Irving Park Road to its
16		intersection with the Cook County - DuPage County line,
17		then north and west along the county line to the point of
18		beginning; and
19		(2) that portion of the City of Chicago located within
20		the following area: Beginning at the intersection of West
21		55th Street with Central Avenue, then east along West 55th
22		Street to its intersection with South Cicero Avenue, then
23		south along South Cicero Avenue to its intersection with
24		West 63rd Street, then west along West 63rd Street to its
25		intersection with South Central Avenue, then north along
26		South Central Avenue to the point of beginning; and

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1		(3) that portion of the City of Chicago located within
2		the following area: Beginning at the point 150 feet west of
3		the intersection of the west line of North Ashland Avenue
4		and the north line of West Diversey Avenue, then north 150
5		feet, then east along a line 150 feet north of the north
6		line of West Diversey Avenue extended to the shoreline of
7		Lake Michigan, then following the shoreline of Lake
8		Michigan (including Navy Pier and all other improvements
9		fixed to land, docks, or piers) to the point where the
10		shoreline of Lake Michigan and the Adlai E. Stevenson
11		Expressway extended east to that shoreline intersect, then
12		west along the Adlai E. Stevenson Expressway to a point 150
13		feet west of the west line of South Ashland Avenue, then
14		north along a line 150 feet west of the west line of South
15		and North Ashland Avenue to the point of beginning.
16		The tax authorized to be levied under this subsection may
17		also be levied on food, alcoholic beverages, and soft drinks
18		sold on boats and other watercraft departing from and returning
19		to the shoreline of Lake Michigan (including Navy Pier and all
20		other improvements fixed to land, docks, or piers) described in
21		item (3).
22		(c) By ordinance the Authority shall, as soon as
23		practicable after July 1, 1992 (the effective date of Public
24		Act 87-733) this amendatory Act of 1991, impose an occupation
25		tax upon all persons engaged in the corporate limits of the
26		City of Chicago in the business of renting, leasing, or letting

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1		rooms in a hotel, as defined in the Hotel Operators' Occupation
2		Tax Act, at a rate of 2.5% of the gross rental receipts from
3		the renting, leasing, or letting of hotel rooms within the City
4		of Chicago, excluding, however, from gross rental receipts the
5		proceeds of renting, leasing, or letting to permanent residents
6		of a hotel, as defined in that Act. Gross rental receipts shall
7		not include charges that are added on account of the liability
8		arising from any tax imposed by the State or any governmental
9		agency on the occupation of renting, leasing, or letting rooms
10		in a hotel.
11		The tax imposed by the Authority under this subsection and
12		all civil penalties that may be assessed as an incident to that
13		tax shall be collected and enforced by the Illinois Department
14		of Revenue. The certificate of registration that is issued by
15		the Department to a lessor under the Hotel Operators'
16		Occupation Tax Act shall permit that registrant to engage in a
17		business that is taxable under any ordinance enacted under this
18		subsection without registering separately with the Department
19		under that ordinance or under this subsection. The Department
20		shall have full power to administer and enforce this
21		subsection, to collect all taxes and penalties due under this
22		subsection, to dispose of taxes and penalties so collected in
23		the manner provided in this subsection, and to determine all
24		rights to credit memoranda arising on account of the erroneous
25		payment of tax or penalty under this subsection. In the
26		administration of and compliance with this subsection, the

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1		Department and persons who are subject to this subsection shall
2		have the same rights, remedies, privileges, immunities,
3		powers, and duties, shall be subject to the same conditions,
4		restrictions, limitations, penalties, and definitions of
5		terms, and shall employ the same modes of procedure as are
6		prescribed in the Hotel Operators' Occupation Tax Act (except
7		where that Act is inconsistent with this subsection), as fully
8		as if the provisions contained in the Hotel Operators'
9		Occupation Tax Act were set out in this subsection.
10		Whenever the Department determines that a refund should be
11		made under this subsection to a claimant instead of issuing a
12		credit memorandum, the Department shall notify the State
13		Comptroller, who shall cause a warrant to be drawn for the
14		amount specified and to the person named in the notification
15		from the Department. The refund shall be paid by the State
16		Treasurer out of the Metropolitan Pier and Exposition Authority
17		trust fund held by the State Treasurer as trustee for the
18		Authority.
19		Persons subject to any tax imposed under the authority
20		granted in this subsection may reimburse themselves for their
21		tax liability for that tax by separately stating that tax as an
22		additional charge, which charge may be stated in combination,
23		in a single amount, with State taxes imposed under the Hotel
24		Operators' Occupation Tax Act, the municipal tax imposed under
25		Section 8-3-13 of the Illinois Municipal Code, and the tax
26		imposed under Section 19 of the Illinois Sports Facilities

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1		Authority Act.
2		The person filing the return shall, at the time of filing
3		the return, pay to the Department the amount of tax, less a
4		discount of 2.1% or $25 per calendar year, whichever is
5		greater, which is allowed to reimburse the operator for the
6		expenses incurred in keeping records, preparing and filing
7		returns, remitting the tax, and supplying data to the
8		Department on request.
9		Except as otherwise provided in this paragraph, the
10		Department shall forthwith pay over to the State Treasurer, ex
11		officio, as trustee for the Authority, all taxes and penalties
12		collected under this subsection for deposit into a trust fund
13		held outside the State Treasury. On or before the 25th day of
14		each calendar month, the Department shall certify to the
15		Comptroller the amounts to be paid under subsection (g) of this
16		Section, which shall be the amounts (not including credit
17		memoranda) collected under this subsection during the second
18		preceding calendar month by the Department, less any amounts
19		determined by the Department to be necessary for payment of
20		refunds, less 1.5% 2% of the remainder, which the Department
21		shall transfer into the Tax Compliance and Administration Fund.
22		The Department, at the time of each monthly disbursement to the
23		Authority, shall prepare and certify to the State Comptroller
24		the amount to be transferred into the Tax Compliance and
25		Administration Fund under this subsection. Within 10 days after
26		receipt by the Comptroller of the Department's certification,

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1		the Comptroller shall cause the orders to be drawn for such
2		amounts, and the Treasurer shall administer the amounts
3		distributed to the Authority as required in subsection (g).
4		A certified copy of any ordinance imposing or discontinuing
5		a tax under this subsection or effecting a change in the rate
6		of that tax shall be filed with the Illinois Department of
7		Revenue, whereupon the Department shall proceed to administer
8		and enforce this subsection on behalf of the Authority as of
9		the first day of the third calendar month following the date of
10		filing.
11		(d) By ordinance the Authority shall, as soon as
12		practicable after July 1, 1992 (the effective date of Public
13		Act 87-733) this amendatory Act of 1991, impose a tax upon all
14		persons engaged in the business of renting automobiles in the
15		metropolitan area at the rate of 6% of the gross receipts from
16		that business, except that no tax shall be imposed on the
17		business of renting automobiles for use as taxicabs or in
18		livery service. The tax imposed under this subsection and all
19		civil penalties that may be assessed as an incident to that tax
20		shall be collected and enforced by the Illinois Department of
21		Revenue. The certificate of registration issued by the
22		Department to a retailer under the Retailers' Occupation Tax
23		Act or under the Automobile Renting Occupation and Use Tax Act
24		shall permit that person to engage in a business that is
25		taxable under any ordinance enacted under this subsection
26		without registering separately with the Department under that

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1		ordinance or under this subsection. The Department shall have
2		full power to administer and enforce this subsection, to
3		collect all taxes and penalties due under this subsection, to
4		dispose of taxes and penalties so collected in the manner
5		provided in this subsection, and to determine all rights to
6		credit memoranda arising on account of the erroneous payment of
7		tax or penalty under this subsection. In the administration of
8		and compliance with this subsection, the Department and persons
9		who are subject to this subsection shall have the same rights,
10		remedies, privileges, immunities, powers, and duties, be
11		subject to the same conditions, restrictions, limitations,
12		penalties, and definitions of terms, and employ the same modes
13		of procedure as are prescribed in Sections 2 and 3 (in respect
14		to all provisions of those Sections other than the State rate
15		of tax; and in respect to the provisions of the Retailers'
16		Occupation Tax Act referred to in those Sections, except as to
17		the disposition of taxes and penalties collected, except for
18		the provision allowing retailers a deduction from the tax to
19		cover certain costs, and except that credit memoranda issued
20		under this subsection may not be used to discharge any State
21		tax liability) of the Automobile Renting Occupation and Use Tax
22		Act, as fully as if provisions contained in those Sections of
23		that Act were set forth in this subsection.
24		Persons subject to any tax imposed under the authority
25		granted in this subsection may reimburse themselves for their
26		tax liability under this subsection by separately stating that

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1		tax as an additional charge, which charge may be stated in
2		combination, in a single amount, with State tax that sellers
3		are required to collect under the Automobile Renting Occupation
4		and Use Tax Act, pursuant to bracket schedules as the
5		Department may prescribe.
6		Whenever the Department determines that a refund should be
7		made under this subsection to a claimant instead of issuing a
8		credit memorandum, the Department shall notify the State
9		Comptroller, who shall cause a warrant to be drawn for the
10		amount specified and to the person named in the notification
11		from the Department. The refund shall be paid by the State
12		Treasurer out of the Metropolitan Pier and Exposition Authority
13		trust fund held by the State Treasurer as trustee for the
14		Authority.
15		Except as otherwise provided in this paragraph, the
16		Department shall forthwith pay over to the State Treasurer, ex
17		officio, as trustee, all taxes and penalties collected under
18		this subsection for deposit into a trust fund held outside the
19		State Treasury. On or before the 25th day of each calendar
20		month, the Department shall certify to the Comptroller the
21		amounts to be paid under subsection (g) of this Section (not
22		including credit memoranda) collected under this subsection
23		during the second preceding calendar month by the Department,
24		less any amount determined by the Department to be necessary
25		for payment of refunds, less 1.5% 2% of the remainder, which
26		the Department shall transfer into the Tax Compliance and

HB3342 Enrolled - 210 - LRB100 08528 SMS 18653 b
1		Administration Fund. The Department, at the time of each
2		monthly disbursement to the Authority, shall prepare and
3		certify to the State Comptroller the amount to be transferred
4		into the Tax Compliance and Administration Fund under this
5		subsection. Within 10 days after receipt by the Comptroller of
6		the Department's certification, the Comptroller shall cause
7		the orders to be drawn for such amounts, and the Treasurer
8		shall administer the amounts distributed to the Authority as
9		required in subsection (g).
10		Nothing in this subsection authorizes the Authority to
11		impose a tax upon the privilege of engaging in any business
12		that under the Constitution of the United States may not be
13		made the subject of taxation by this State.
14		A certified copy of any ordinance imposing or discontinuing
15		a tax under this subsection or effecting a change in the rate
16		of that tax shall be filed with the Illinois Department of
17		Revenue, whereupon the Department shall proceed to administer
18		and enforce this subsection on behalf of the Authority as of
19		the first day of the third calendar month following the date of
20		filing.
21		(e) By ordinance the Authority shall, as soon as
22		practicable after July 1, 1992 (the effective date of Public
23		Act 87-733) this amendatory Act of 1991, impose a tax upon the
24		privilege of using in the metropolitan area an automobile that
25		is rented from a rentor outside Illinois and is titled or
26		registered with an agency of this State's government at a rate

HB3342 Enrolled - 211 - LRB100 08528 SMS 18653 b
1		of 6% of the rental price of that automobile, except that no
2		tax shall be imposed on the privilege of using automobiles
3		rented for use as taxicabs or in livery service. The tax shall
4		be collected from persons whose Illinois address for titling or
5		registration purposes is given as being in the metropolitan
6		area. The tax shall be collected by the Department of Revenue
7		for the Authority. The tax must be paid to the State or an
8		exemption determination must be obtained from the Department of
9		Revenue before the title or certificate of registration for the
10		property may be issued. The tax or proof of exemption may be
11		transmitted to the Department by way of the State agency with
12		which or State officer with whom the tangible personal property
13		must be titled or registered if the Department and that agency
14		or State officer determine that this procedure will expedite
15		the processing of applications for title or registration.
16		The Department shall have full power to administer and
17		enforce this subsection, to collect all taxes, penalties, and
18		interest due under this subsection, to dispose of taxes,
19		penalties, and interest so collected in the manner provided in
20		this subsection, and to determine all rights to credit
21		memoranda or refunds arising on account of the erroneous
22		payment of tax, penalty, or interest under this subsection. In
23		the administration of and compliance with this subsection, the
24		Department and persons who are subject to this subsection shall
25		have the same rights, remedies, privileges, immunities,
26		powers, and duties, be subject to the same conditions,

HB3342 Enrolled - 212 - LRB100 08528 SMS 18653 b
1		restrictions, limitations, penalties, and definitions of
2		terms, and employ the same modes of procedure as are prescribed
3		in Sections 2 and 4 (except provisions pertaining to the State
4		rate of tax; and in respect to the provisions of the Use Tax
5		Act referred to in that Section, except provisions concerning
6		collection or refunding of the tax by retailers, except the
7		provisions of Section 19 pertaining to claims by retailers,
8		except the last paragraph concerning refunds, and except that
9		credit memoranda issued under this subsection may not be used
10		to discharge any State tax liability) of the Automobile Renting
11		Occupation and Use Tax Act, as fully as if provisions contained
12		in those Sections of that Act were set forth in this
13		subsection.
14		Whenever the Department determines that a refund should be
15		made under this subsection to a claimant instead of issuing a
16		credit memorandum, the Department shall notify the State
17		Comptroller, who shall cause a warrant to be drawn for the
18		amount specified and to the person named in the notification
19		from the Department. The refund shall be paid by the State
20		Treasurer out of the Metropolitan Pier and Exposition Authority
21		trust fund held by the State Treasurer as trustee for the
22		Authority.
23		Except as otherwise provided in this paragraph, the
24		Department shall forthwith pay over to the State Treasurer, ex
25		officio, as trustee, all taxes, penalties, and interest
26		collected under this subsection for deposit into a trust fund

HB3342 Enrolled - 213 - LRB100 08528 SMS 18653 b
1		held outside the State Treasury. On or before the 25th day of
2		each calendar month, the Department shall certify to the State
3		Comptroller the amounts to be paid under subsection (g) of this
4		Section, which shall be the amounts (not including credit
5		memoranda) collected under this subsection during the second
6		preceding calendar month by the Department, less any amounts
7		determined by the Department to be necessary for payment of
8		refunds, less 1.5% 2% of the remainder, which the Department
9		shall transfer into the Tax Compliance and Administration Fund.
10		The Department, at the time of each monthly disbursement to the
11		Authority, shall prepare and certify to the State Comptroller
12		the amount to be transferred into the Tax Compliance and
13		Administration Fund under this subsection. Within 10 days after
14		receipt by the State Comptroller of the Department's
15		certification, the Comptroller shall cause the orders to be
16		drawn for such amounts, and the Treasurer shall administer the
17		amounts distributed to the Authority as required in subsection
18		(g).
19		A certified copy of any ordinance imposing or discontinuing
20		a tax or effecting a change in the rate of that tax shall be
21		filed with the Illinois Department of Revenue, whereupon the
22		Department shall proceed to administer and enforce this
23		subsection on behalf of the Authority as of the first day of
24		the third calendar month following the date of filing.
25		(f) By ordinance the Authority shall, as soon as
26		practicable after July 1, 1992 (the effective date of Public

HB3342 Enrolled - 214 - LRB100 08528 SMS 18653 b
1		Act 87-733) this amendatory Act of 1991, impose an occupation
2		tax on all persons, other than a governmental agency, engaged
3		in the business of providing ground transportation for hire to
4		passengers in the metropolitan area at a rate of (i) $4 per
5		taxi or livery vehicle departure with passengers for hire from
6		commercial service airports in the metropolitan area, (ii) for
7		each departure with passengers for hire from a commercial
8		service airport in the metropolitan area in a bus or van
9		operated by a person other than a person described in item
10		(iii): $18 per bus or van with a capacity of 1-12 passengers,
11		$36 per bus or van with a capacity of 13-24 passengers, and $54
12		per bus or van with a capacity of over 24 passengers, and (iii)
13		for each departure with passengers for hire from a commercial
14		service airport in the metropolitan area in a bus or van
15		operated by a person regulated by the Interstate Commerce
16		Commission or Illinois Commerce Commission, operating
17		scheduled service from the airport, and charging fares on a per
18		passenger basis: $2 per passenger for hire in each bus or van.
19		The term "commercial service airports" means those airports
20		receiving scheduled passenger service and enplaning more than
21		100,000 passengers per year.
22		In the ordinance imposing the tax, the Authority may
23		provide for the administration and enforcement of the tax and
24		the collection of the tax from persons subject to the tax as
25		the Authority determines to be necessary or practicable for the
26		effective administration of the tax. The Authority may enter

HB3342 Enrolled - 215 - LRB100 08528 SMS 18653 b
1		into agreements as it deems appropriate with any governmental
2		agency providing for that agency to act as the Authority's
3		agent to collect the tax.
4		In the ordinance imposing the tax, the Authority may
5		designate a method or methods for persons subject to the tax to
6		reimburse themselves for the tax liability arising under the
7		ordinance (i) by separately stating the full amount of the tax
8		liability as an additional charge to passengers departing the
9		airports, (ii) by separately stating one-half of the tax
10		liability as an additional charge to both passengers departing
11		from and to passengers arriving at the airports, or (iii) by
12		some other method determined by the Authority.
13		All taxes, penalties, and interest collected under any
14		ordinance adopted under this subsection, less any amounts
15		determined to be necessary for the payment of refunds and less
16		the taxes, penalties, and interest attributable to any increase
17		in the rate of tax authorized by Public Act 96-898, shall be
18		paid forthwith to the State Treasurer, ex officio, for deposit
19		into a trust fund held outside the State Treasury and shall be
20		administered by the State Treasurer as provided in subsection
21		(g) of this Section. All taxes, penalties, and interest
22		attributable to any increase in the rate of tax authorized by
23		Public Act 96-898 shall be paid by the State Treasurer as
24		follows: 25% for deposit into the Convention Center Support
25		Fund, to be used by the Village of Rosemont for the repair,
26		maintenance, and improvement of the Donald E. Stephens

HB3342 Enrolled - 216 - LRB100 08528 SMS 18653 b
1		Convention Center and for debt service on debt instruments
2		issued for those purposes by the village and 75% to the
3		Authority to be used for grants to an organization meeting the
4		qualifications set out in Section 5.6 of this Act, provided the
5		Metropolitan Pier and Exposition Authority has entered into a
6		marketing agreement with such an organization.
7		(g) Amounts deposited from the proceeds of taxes imposed by
8		the Authority under subsections (b), (c), (d), (e), and (f) of
9		this Section and amounts deposited under Section 19 of the
10		Illinois Sports Facilities Authority Act shall be held in a
11		trust fund outside the State Treasury and, other than the
12		amounts transferred into the Tax Compliance and Administration
13		Fund under subsections (b), (c), (d), and (e), shall be
14		administered by the Treasurer as follows:
15		(1) An amount necessary for the payment of refunds with
16		respect to those taxes shall be retained in the trust fund
17		and used for those payments.
18		(2) On July 20 and on the 20th of each month
19		thereafter, provided that the amount requested in the
20		annual certificate of the Chairman of the Authority filed
21		under Section 8.25f of the State Finance Act has been
22		appropriated for payment to the Authority, 1/8 of the local
23		tax transfer amount, together with any cumulative
24		deficiencies in the amounts transferred into the McCormick
25		Place Expansion Project Fund under this subparagraph (2)
26		during the fiscal year for which the certificate has been

HB3342 Enrolled - 217 - LRB100 08528 SMS 18653 b
1		filed, shall be transferred from the trust fund into the
2		McCormick Place Expansion Project Fund in the State
3		treasury until 100% of the local tax transfer amount has
4		been so transferred. "Local tax transfer amount" shall mean
5		the amount requested in the annual certificate, minus the
6		reduction amount. "Reduction amount" shall mean $41.7
7		million in fiscal year 2011, $36.7 million in fiscal year
8		2012, $36.7 million in fiscal year 2013, $36.7 million in
9		fiscal year 2014, and $31.7 million in each fiscal year
10		thereafter until 2032, provided that the reduction amount
11		shall be reduced by (i) the amount certified by the
12		Authority to the State Comptroller and State Treasurer
13		under Section 8.25 of the State Finance Act, as amended,
14		with respect to that fiscal year and (ii) in any fiscal
15		year in which the amounts deposited in the trust fund under
16		this Section exceed $318.3 million, exclusive of amounts
17		set aside for refunds and for the reserve account, one
18		dollar for each dollar of the deposits in the trust fund
19		above $318.3 million with respect to that year, exclusive
20		of amounts set aside for refunds and for the reserve
21		account.
22		(3) On July 20, 2010, the Comptroller shall certify to
23		the Governor, the Treasurer, and the Chairman of the
24		Authority the 2010 deficiency amount, which means the
25		cumulative amount of transfers that were due from the trust
26		fund to the McCormick Place Expansion Project Fund in

HB3342 Enrolled - 218 - LRB100 08528 SMS 18653 b
1		fiscal years 2008, 2009, and 2010 under Section 13(g) of
2		this Act, as it existed prior to May 27, 2010 (the
3		effective date of Public Act 96-898), but not made. On July
4		20, 2011 and on July 20 of each year through July 20, 2014,
5		the Treasurer shall calculate for the previous fiscal year
6		the surplus revenues in the trust fund and pay that amount
7		to the Authority. On July 20, 2015 and on July 20 of each
8		year thereafter to and including July 20, 2017, as long as
9		bonds and notes issued under Section 13.2 or bonds and
10		notes issued to refund those bonds and notes are
11		outstanding, the Treasurer shall calculate for the
12		previous fiscal year the surplus revenues in the trust fund
13		and pay one-half of that amount to the State Treasurer for
14		deposit into the General Revenue Fund until the 2010
15		deficiency amount has been paid and shall pay the balance
16		of the surplus revenues to the Authority. On July 20, 2018
17		and on July 20 of each year thereafter, the Treasurer shall
18		calculate for the previous fiscal year the surplus revenues
19		in the trust fund and pay all of such surplus revenues to
20		the State Treasurer for deposit into the General Revenue
21		Fund until the 2010 deficiency amount has been paid. After
22		the 2010 deficiency amount has been paid, the Treasurer
23		shall pay the balance of the surplus revenues to the
24		Authority. "Surplus revenues" means the amounts remaining
25		in the trust fund on June 30 of the previous fiscal year
26		(A) after the State Treasurer has set aside in the trust

HB3342 Enrolled - 219 - LRB100 08528 SMS 18653 b
1		fund (i) amounts retained for refunds under subparagraph
2		(1) and (ii) any amounts necessary to meet the reserve
3		account amount and (B) after the State Treasurer has
4		transferred from the trust fund to the General Revenue Fund
5		100% of any post-2010 deficiency amount. "Reserve account
6		amount" means $15 million in fiscal year 2011 and $30
7		million in each fiscal year thereafter. The reserve account
8		amount shall be set aside in the trust fund and used as a
9		reserve to be transferred to the McCormick Place Expansion
10		Project Fund in the event the proceeds of taxes imposed
11		under this Section 13 are not sufficient to fund the
12		transfer required in subparagraph (2). "Post-2010
13		deficiency amount" means any deficiency in transfers from
14		the trust fund to the McCormick Place Expansion Project
15		Fund with respect to fiscal years 2011 and thereafter. It
16		is the intention of this subparagraph (3) that no surplus
17		revenues shall be paid to the Authority with respect to any
18		year in which a post-2010 deficiency amount has not been
19		satisfied by the Authority.
20		Moneys received by the Authority as surplus revenues may be
21		used (i) for the purposes of paying debt service on the bonds
22		and notes issued by the Authority, including early redemption
23		of those bonds or notes, (ii) for the purposes of repair,
24		replacement, and improvement of the grounds, buildings, and
25		facilities of the Authority, and (iii) for the corporate
26		purposes of the Authority in fiscal years 2011 through 2015 in

HB3342 Enrolled - 220 - LRB100 08528 SMS 18653 b
1		an amount not to exceed $20,000,000 annually or $80,000,000
2		total, which amount shall be reduced $0.75 for each dollar of
3		the receipts of the Authority in that year from any contract
4		entered into with respect to naming rights at McCormick Place
5		under Section 5(m) of this Act. When bonds and notes issued
6		under Section 13.2, or bonds or notes issued to refund those
7		bonds and notes, are no longer outstanding, the balance in the
8		trust fund shall be paid to the Authority.
9		(h) The ordinances imposing the taxes authorized by this
10		Section shall be repealed when bonds and notes issued under
11		Section 13.2 or bonds and notes issued to refund those bonds
12		and notes are no longer outstanding.
13		(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17;
14		100-23, Article 35, Section 35-25, eff. 7-6-17; revised
15		8-15-17.)
16		Section 20-25. The Metro-East Park and Recreation District
17		Act is amended by changing Section 30 as follows:
18		(70 ILCS 1605/30)
19		Sec. 30. Taxes.
20		(a) The board shall impose a tax upon all persons engaged
21		in the business of selling tangible personal property, other
22		than personal property titled or registered with an agency of
23		this State's government, at retail in the District on the gross
24		receipts from the sales made in the course of business. This

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1		tax shall be imposed only at the rate of one-tenth of one per
2		cent.
3		This additional tax may not be imposed on the sales of food
4		for human consumption that is to be consumed off the premises
5		where it is sold (other than alcoholic beverages, soft drinks,
6		and food which has been prepared for immediate consumption) and
7		prescription and non-prescription medicines, drugs, medical
8		appliances, and insulin, urine testing materials, syringes,
9		and needles used by diabetics. The tax imposed by the Board
10		under this Section and all civil penalties that may be assessed
11		as an incident of the tax shall be collected and enforced by
12		the Department of Revenue. The certificate of registration that
13		is issued by the Department to a retailer under the Retailers'
14		Occupation Tax Act shall permit the retailer to engage in a
15		business that is taxable without registering separately with
16		the Department under an ordinance or resolution under this
17		Section. The Department has full power to administer and
18		enforce this Section, to collect all taxes and penalties due
19		under this Section, to dispose of taxes and penalties so
20		collected in the manner provided in this Section, and to
21		determine all rights to credit memoranda arising on account of
22		the erroneous payment of a tax or penalty under this Section.
23		In the administration of and compliance with this Section, the
24		Department and persons who are subject to this Section shall
25		(i) have the same rights, remedies, privileges, immunities,
26		powers, and duties, (ii) be subject to the same conditions,

HB3342 Enrolled - 222 - LRB100 08528 SMS 18653 b
1		restrictions, limitations, penalties, and definitions of
2		terms, and (iii) employ the same modes of procedure as are
3		prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
4		1n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained
5		in those Sections other than the State rate of tax), 2-12, 2-15
6		through 2-70, 2a, 2b, 2c, 3 (except provisions relating to
7		transaction returns and quarter monthly payments), 4, 5, 5a,
8		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
9		7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
10		Tax Act and the Uniform Penalty and Interest Act as if those
11		provisions were set forth in this Section.
12		Persons subject to any tax imposed under the authority
13		granted in this Section may reimburse themselves for their
14		sellers' tax liability by separately stating the tax as an
15		additional charge, which charge may be stated in combination,
16		in a single amount, with State tax which sellers are required
17		to collect under the Use Tax Act, pursuant to such bracketed
18		schedules as the Department may prescribe.
19		Whenever the Department determines that a refund should be
20		made under this Section to a claimant instead of issuing a
21		credit memorandum, the Department shall notify the State
22		Comptroller, who shall cause the order to be drawn for the
23		amount specified and to the person named in the notification
24		from the Department. The refund shall be paid by the State
25		Treasurer out of the State Metro-East Park and Recreation
26		District Fund.

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1		(b) If a tax has been imposed under subsection (a), a
2		service occupation tax shall also be imposed at the same rate
3		upon all persons engaged, in the District, in the business of
4		making sales of service, who, as an incident to making those
5		sales of service, transfer tangible personal property within
6		the District as an incident to a sale of service. This tax may
7		not be imposed on sales of food for human consumption that is
8		to be consumed off the premises where it is sold (other than
9		alcoholic beverages, soft drinks, and food prepared for
10		immediate consumption) and prescription and non-prescription
11		medicines, drugs, medical appliances, and insulin, urine
12		testing materials, syringes, and needles used by diabetics. The
13		tax imposed under this subsection and all civil penalties that
14		may be assessed as an incident thereof shall be collected and
15		enforced by the Department of Revenue. The Department has full
16		power to administer and enforce this subsection; to collect all
17		taxes and penalties due hereunder; to dispose of taxes and
18		penalties so collected in the manner hereinafter provided; and
19		to determine all rights to credit memoranda arising on account
20		of the erroneous payment of tax or penalty hereunder. In the
21		administration of, and compliance with this subsection, the
22		Department and persons who are subject to this paragraph shall
23		(i) have the same rights, remedies, privileges, immunities,
24		powers, and duties, (ii) be subject to the same conditions,
25		restrictions, limitations, penalties, exclusions, exemptions,
26		and definitions of terms, and (iii) employ the same modes of

HB3342 Enrolled - 224 - LRB100 08528 SMS 18653 b
1		procedure as are prescribed in Sections 2 (except that the
2		reference to State in the definition of supplier maintaining a
3		place of business in this State shall mean the District), 2a,
4		2b, 2c, 3 through 3-50 (in respect to all provisions therein
5		other than the State rate of tax), 4 (except that the reference
6		to the State shall be to the District), 5, 7, 8 (except that
7		the jurisdiction to which the tax shall be a debt to the extent
8		indicated in that Section 8 shall be the District), 9 (except
9		as to the disposition of taxes and penalties collected), 10,
10		11, 12 (except the reference therein to Section 2b of the
11		Retailers' Occupation Tax Act), 13 (except that any reference
12		to the State shall mean the District), Sections 15, 16, 17, 18,
13		19 and 20 of the Service Occupation Tax Act and the Uniform
14		Penalty and Interest Act, as fully as if those provisions were
15		set forth herein.
16		Persons subject to any tax imposed under the authority
17		granted in this subsection may reimburse themselves for their
18		serviceman's tax liability by separately stating the tax as an
19		additional charge, which charge may be stated in combination,
20		in a single amount, with State tax that servicemen are
21		authorized to collect under the Service Use Tax Act, in
22		accordance with such bracket schedules as the Department may
23		prescribe.
24		Whenever the Department determines that a refund should be
25		made under this subsection to a claimant instead of issuing a
26		credit memorandum, the Department shall notify the State

HB3342 Enrolled - 225 - LRB100 08528 SMS 18653 b
1		Comptroller, who shall cause the warrant to be drawn for the
2		amount specified, and to the person named, in the notification
3		from the Department. The refund shall be paid by the State
4		Treasurer out of the State Metro-East Park and Recreation
5		District Fund.
6		Nothing in this subsection shall be construed to authorize
7		the board to impose a tax upon the privilege of engaging in any
8		business which under the Constitution of the United States may
9		not be made the subject of taxation by the State.
10		(c) The Department shall immediately pay over to the State
11		Treasurer, ex officio, as trustee, all taxes and penalties
12		collected under this Section to be deposited into the State
13		Metro-East Park and Recreation District Fund, which shall be an
14		unappropriated trust fund held outside of the State treasury.
15		As soon as possible after the first day of each month,
16		beginning January 1, 2011, upon certification of the Department
17		of Revenue, the Comptroller shall order transferred, and the
18		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
19		local sales tax increment, as defined in the Innovation
20		Development and Economy Act, collected under this Section
21		during the second preceding calendar month for sales within a
22		STAR bond district. The Department shall make this
23		certification only if the Metro East Park and Recreation
24		District imposes a tax on real property as provided in the
25		definition of "local sales taxes" under the Innovation
26		Development and Economy Act.

HB3342 Enrolled - 226 - LRB100 08528 SMS 18653 b
1		After the monthly transfer to the STAR Bonds Revenue Fund,
2		on or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money pursuant to Section 35 of
5		this Act to the District from which retailers have paid taxes
6		or penalties to the Department during the second preceding
7		calendar month. The amount to be paid to the District shall be
8		the amount (not including credit memoranda) collected under
9		this Section during the second preceding calendar month by the
10		Department plus an amount the Department determines is
11		necessary to offset any amounts that were erroneously paid to a
12		different taxing body, and not including (i) an amount equal to
13		the amount of refunds made during the second preceding calendar
14		month by the Department on behalf of the District, (ii) any
15		amount that the Department determines is necessary to offset
16		any amounts that were payable to a different taxing body but
17		were erroneously paid to the District, (iii) any amounts that
18		are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5%
19		2% of the remainder, which the Department shall transfer into
20		the Tax Compliance and Administration Fund. The Department, at
21		the time of each monthly disbursement to the District, shall
22		prepare and certify to the State Comptroller the amount to be
23		transferred into the Tax Compliance and Administration Fund
24		under this subsection. Within 10 days after receipt by the
25		Comptroller of the disbursement certification to the District
26		and the Tax Compliance and Administration Fund provided for in

HB3342 Enrolled - 227 - LRB100 08528 SMS 18653 b
1		this Section to be given to the Comptroller by the Department,
2		the Comptroller shall cause the orders to be drawn for the
3		respective amounts in accordance with directions contained in
4		the certification.
5		(d) For the purpose of determining whether a tax authorized
6		under this Section is applicable, a retail sale by a producer
7		of coal or another mineral mined in Illinois is a sale at
8		retail at the place where the coal or other mineral mined in
9		Illinois is extracted from the earth. This paragraph does not
10		apply to coal or another mineral when it is delivered or
11		shipped by the seller to the purchaser at a point outside
12		Illinois so that the sale is exempt under the United States
13		Constitution as a sale in interstate or foreign commerce.
14		(e) Nothing in this Section shall be construed to authorize
15		the board to impose a tax upon the privilege of engaging in any
16		business that under the Constitution of the United States may
17		not be made the subject of taxation by this State.
18		(f) An ordinance imposing a tax under this Section or an
19		ordinance extending the imposition of a tax to an additional
20		county or counties shall be certified by the board and filed
21		with the Department of Revenue either (i) on or before the
22		first day of April, whereupon the Department shall proceed to
23		administer and enforce the tax as of the first day of July next
24		following the filing; or (ii) on or before the first day of
25		October, whereupon the Department shall proceed to administer
26		and enforce the tax as of the first day of January next

HB3342 Enrolled - 228 - LRB100 08528 SMS 18653 b
1		following the filing.
2		(g) When certifying the amount of a monthly disbursement to
3		the District under this Section, the Department shall increase
4		or decrease the amounts by an amount necessary to offset any
5		misallocation of previous disbursements. The offset amount
6		shall be the amount erroneously disbursed within the previous 6
7		months from the time a misallocation is discovered.
8		(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
9		Section 20-30. The Local Mass Transit District Act is
10		amended by changing Section 5.01 as follows:
11		(70 ILCS 3610/5.01) (from Ch. 111 2/3, par. 355.01)
12		Sec. 5.01. Metro East Mass Transit District; use and
13		occupation taxes.
14		(a) The Board of Trustees of any Metro East Mass Transit
15		District may, by ordinance adopted with the concurrence of
16		two-thirds of the then trustees, impose throughout the District
17		any or all of the taxes and fees provided in this Section. All
18		taxes and fees imposed under this Section shall be used only
19		for public mass transportation systems, and the amount used to
20		provide mass transit service to unserved areas of the District
21		shall be in the same proportion to the total proceeds as the
22		number of persons residing in the unserved areas is to the
23		total population of the District. Except as otherwise provided
24		in this Act, taxes imposed under this Section and civil

HB3342 Enrolled - 229 - LRB100 08528 SMS 18653 b
1		penalties imposed incident thereto shall be collected and
2		enforced by the State Department of Revenue. The Department
3		shall have the power to administer and enforce the taxes and to
4		determine all rights for refunds for erroneous payments of the
5		taxes.
6		(b) The Board may impose a Metro East Mass Transit District
7		Retailers' Occupation Tax upon all persons engaged in the
8		business of selling tangible personal property at retail in the
9		district at a rate of 1/4 of 1%, or as authorized under
10		subsection (d-5) of this Section, of the gross receipts from
11		the sales made in the course of such business within the
12		district. The tax imposed under this Section and all civil
13		penalties that may be assessed as an incident thereof shall be
14		collected and enforced by the State Department of Revenue. The
15		Department shall have full power to administer and enforce this
16		Section; to collect all taxes and penalties so collected in the
17		manner hereinafter provided; and to determine all rights to
18		credit memoranda arising on account of the erroneous payment of
19		tax or penalty hereunder. In the administration of, and
20		compliance with, this Section, the Department and persons who
21		are subject to this Section shall have the same rights,
22		remedies, privileges, immunities, powers and duties, and be
23		subject to the same conditions, restrictions, limitations,
24		penalties, exclusions, exemptions and definitions of terms and
25		employ the same modes of procedure, as are prescribed in
26		Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65

HB3342 Enrolled - 230 - LRB100 08528 SMS 18653 b
1		(in respect to all provisions therein other than the State rate
2		of tax), 2c, 3 (except as to the disposition of taxes and
3		penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
4		5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of
5		the Retailers' Occupation Tax Act and Section 3-7 of the
6		Uniform Penalty and Interest Act, as fully as if those
7		provisions were set forth herein.
8		Persons subject to any tax imposed under the Section may
9		reimburse themselves for their seller's tax liability
10		hereunder by separately stating the tax as an additional
11		charge, which charge may be stated in combination, in a single
12		amount, with State taxes that sellers are required to collect
13		under the Use Tax Act, in accordance with such bracket
14		schedules as the Department may prescribe.
15		Whenever the Department determines that a refund should be
16		made under this Section to a claimant instead of issuing a
17		credit memorandum, the Department shall notify the State
18		Comptroller, who shall cause the warrant to be drawn for the
19		amount specified, and to the person named, in the notification
20		from the Department. The refund shall be paid by the State
21		Treasurer out of the Metro East Mass Transit District tax fund
22		established under paragraph (h) of this Section.
23		If a tax is imposed under this subsection (b), a tax shall
24		also be imposed under subsections (c) and (d) of this Section.
25		For the purpose of determining whether a tax authorized
26		under this Section is applicable, a retail sale, by a producer

HB3342 Enrolled - 231 - LRB100 08528 SMS 18653 b
1		of coal or other mineral mined in Illinois, is a sale at retail
2		at the place where the coal or other mineral mined in Illinois
3		is extracted from the earth. This paragraph does not apply to
4		coal or other mineral when it is delivered or shipped by the
5		seller to the purchaser at a point outside Illinois so that the
6		sale is exempt under the Federal Constitution as a sale in
7		interstate or foreign commerce.
8		No tax shall be imposed or collected under this subsection
9		on the sale of a motor vehicle in this State to a resident of
10		another state if that motor vehicle will not be titled in this
11		State.
12		Nothing in this Section shall be construed to authorize the
13		Metro East Mass Transit District to impose a tax upon the
14		privilege of engaging in any business which under the
15		Constitution of the United States may not be made the subject
16		of taxation by this State.
17		(c) If a tax has been imposed under subsection (b), a Metro
18		East Mass Transit District Service Occupation Tax shall also be
19		imposed upon all persons engaged, in the district, in the
20		business of making sales of service, who, as an incident to
21		making those sales of service, transfer tangible personal
22		property within the District, either in the form of tangible
23		personal property or in the form of real estate as an incident
24		to a sale of service. The tax rate shall be 1/4%, or as
25		authorized under subsection (d-5) of this Section, of the
26		selling price of tangible personal property so transferred

HB3342 Enrolled - 232 - LRB100 08528 SMS 18653 b
1		within the district. The tax imposed under this paragraph and
2		all civil penalties that may be assessed as an incident thereof
3		shall be collected and enforced by the State Department of
4		Revenue. The Department shall have full power to administer and
5		enforce this paragraph; to collect all taxes and penalties due
6		hereunder; to dispose of taxes and penalties so collected in
7		the manner hereinafter provided; and to determine all rights to
8		credit memoranda arising on account of the erroneous payment of
9		tax or penalty hereunder. In the administration of, and
10		compliance with this paragraph, the Department and persons who
11		are subject to this paragraph shall have the same rights,
12		remedies, privileges, immunities, powers and duties, and be
13		subject to the same conditions, restrictions, limitations,
14		penalties, exclusions, exemptions and definitions of terms and
15		employ the same modes of procedure as are prescribed in
16		Sections 1a-1, 2 (except that the reference to State in the
17		definition of supplier maintaining a place of business in this
18		State shall mean the Authority), 2a, 3 through 3-50 (in respect
19		to all provisions therein other than the State rate of tax), 4
20		(except that the reference to the State shall be to the
21		Authority), 5, 7, 8 (except that the jurisdiction to which the
22		tax shall be a debt to the extent indicated in that Section 8
23		shall be the District), 9 (except as to the disposition of
24		taxes and penalties collected, and except that the returned
25		merchandise credit for this tax may not be taken against any
26		State tax), 10, 11, 12 (except the reference therein to Section

HB3342 Enrolled - 233 - LRB100 08528 SMS 18653 b
1		2b of the Retailers' Occupation Tax Act), 13 (except that any
2		reference to the State shall mean the District), the first
3		paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
4		Occupation Tax Act and Section 3-7 of the Uniform Penalty and
5		Interest Act, as fully as if those provisions were set forth
6		herein.
7		Persons subject to any tax imposed under the authority
8		granted in this paragraph may reimburse themselves for their
9		serviceman's tax liability hereunder by separately stating the
10		tax as an additional charge, which charge may be stated in
11		combination, in a single amount, with State tax that servicemen
12		are authorized to collect under the Service Use Tax Act, in
13		accordance with such bracket schedules as the Department may
14		prescribe.
15		Whenever the Department determines that a refund should be
16		made under this paragraph to a claimant instead of issuing a
17		credit memorandum, the Department shall notify the State
18		Comptroller, who shall cause the warrant to be drawn for the
19		amount specified, and to the person named, in the notification
20		from the Department. The refund shall be paid by the State
21		Treasurer out of the Metro East Mass Transit District tax fund
22		established under paragraph (h) of this Section.
23		Nothing in this paragraph shall be construed to authorize
24		the District to impose a tax upon the privilege of engaging in
25		any business which under the Constitution of the United States
26		may not be made the subject of taxation by the State.

HB3342 Enrolled - 234 - LRB100 08528 SMS 18653 b
1		(d) If a tax has been imposed under subsection (b), a Metro
2		East Mass Transit District Use Tax shall also be imposed upon
3		the privilege of using, in the district, any item of tangible
4		personal property that is purchased outside the district at
5		retail from a retailer, and that is titled or registered with
6		an agency of this State's government, at a rate of 1/4%, or as
7		authorized under subsection (d-5) of this Section, of the
8		selling price of the tangible personal property within the
9		District, as "selling price" is defined in the Use Tax Act. The
10		tax shall be collected from persons whose Illinois address for
11		titling or registration purposes is given as being in the
12		District. The tax shall be collected by the Department of
13		Revenue for the Metro East Mass Transit District. The tax must
14		be paid to the State, or an exemption determination must be
15		obtained from the Department of Revenue, before the title or
16		certificate of registration for the property may be issued. The
17		tax or proof of exemption may be transmitted to the Department
18		by way of the State agency with which, or the State officer
19		with whom, the tangible personal property must be titled or
20		registered if the Department and the State agency or State
21		officer determine that this procedure will expedite the
22		processing of applications for title or registration.
23		The Department shall have full power to administer and
24		enforce this paragraph; to collect all taxes, penalties and
25		interest due hereunder; to dispose of taxes, penalties and
26		interest so collected in the manner hereinafter provided; and

HB3342 Enrolled - 235 - LRB100 08528 SMS 18653 b
1		to determine all rights to credit memoranda or refunds arising
2		on account of the erroneous payment of tax, penalty or interest
3		hereunder. In the administration of, and compliance with, this
4		paragraph, the Department and persons who are subject to this
5		paragraph shall have the same rights, remedies, privileges,
6		immunities, powers and duties, and be subject to the same
7		conditions, restrictions, limitations, penalties, exclusions,
8		exemptions and definitions of terms and employ the same modes
9		of procedure, as are prescribed in Sections 2 (except the
10		definition of "retailer maintaining a place of business in this
11		State"), 3 through 3-80 (except provisions pertaining to the
12		State rate of tax, and except provisions concerning collection
13		or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
14		19 (except the portions pertaining to claims by retailers and
15		except the last paragraph concerning refunds), 20, 21 and 22 of
16		the Use Tax Act and Section 3-7 of the Uniform Penalty and
17		Interest Act, that are not inconsistent with this paragraph, as
18		fully as if those provisions were set forth herein.
19		Whenever the Department determines that a refund should be
20		made under this paragraph to a claimant instead of issuing a
21		credit memorandum, the Department shall notify the State
22		Comptroller, who shall cause the order to be drawn for the
23		amount specified, and to the person named, in the notification
24		from the Department. The refund shall be paid by the State
25		Treasurer out of the Metro East Mass Transit District tax fund
26		established under paragraph (h) of this Section.

HB3342 Enrolled - 236 - LRB100 08528 SMS 18653 b
1		(d-5) (A) The county board of any county participating in
2		the Metro East Mass Transit District may authorize, by
3		ordinance, a referendum on the question of whether the tax
4		rates for the Metro East Mass Transit District Retailers'
5		Occupation Tax, the Metro East Mass Transit District Service
6		Occupation Tax, and the Metro East Mass Transit District Use
7		Tax for the District should be increased from 0.25% to 0.75%.
8		Upon adopting the ordinance, the county board shall certify the
9		proposition to the proper election officials who shall submit
10		the proposition to the voters of the District at the next
11		election, in accordance with the general election law.
12		The proposition shall be in substantially the following
13		form:
14		Shall the tax rates for the Metro East Mass Transit
15		District Retailers' Occupation Tax, the Metro East Mass
16		Transit District Service Occupation Tax, and the Metro East
17		Mass Transit District Use Tax be increased from 0.25% to
18		0.75%?
19		(B) Two thousand five hundred electors of any Metro East
20		Mass Transit District may petition the Chief Judge of the
21		Circuit Court, or any judge of that Circuit designated by the
22		Chief Judge, in which that District is located to cause to be
23		submitted to a vote of the electors the question whether the
24		tax rates for the Metro East Mass Transit District Retailers'
25		Occupation Tax, the Metro East Mass Transit District Service
26		Occupation Tax, and the Metro East Mass Transit District Use

HB3342 Enrolled - 237 - LRB100 08528 SMS 18653 b
1		Tax for the District should be increased from 0.25% to 0.75%.
2		Upon submission of such petition the court shall set a date
3		not less than 10 nor more than 30 days thereafter for a hearing
4		on the sufficiency thereof. Notice of the filing of such
5		petition and of such date shall be given in writing to the
6		District and the County Clerk at least 7 days before the date
7		of such hearing.
8		If such petition is found sufficient, the court shall enter
9		an order to submit that proposition at the next election, in
10		accordance with general election law.
11		The form of the petition shall be in substantially the
12		following form: To the Circuit Court of the County of (name of
13		county):
14		We, the undersigned electors of the (name of transit
15		district), respectfully petition your honor to submit to a
16		vote of the electors of (name of transit district) the
17		following proposition:
18		Shall the tax rates for the Metro East Mass Transit
19		District Retailers' Occupation Tax, the Metro East Mass
20		Transit District Service Occupation Tax, and the Metro East
21		Mass Transit District Use Tax be increased from 0.25% to
22		0.75%?
23		Name Address, with Street and Number.
24 ...................... ........................................ 25 ...................... ........................................
26		(C) The votes shall be recorded as "YES" or "NO". If a

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1		majority of all votes cast on the proposition are for the
2		increase in the tax rates, the Metro East Mass Transit District
3		shall begin imposing the increased rates in the District, and
4		the Department of Revenue shall begin collecting the increased
5		amounts, as provided under this Section. An ordinance imposing
6		or discontinuing a tax hereunder or effecting a change in the
7		rate thereof shall be adopted and a certified copy thereof
8		filed with the Department on or before the first day of
9		October, whereupon the Department shall proceed to administer
10		and enforce this Section as of the first day of January next
11		following the adoption and filing, or on or before the first
12		day of April, whereupon the Department shall proceed to
13		administer and enforce this Section as of the first day of July
14		next following the adoption and filing.
15		(D) If the voters have approved a referendum under this
16		subsection, before November 1, 1994, to increase the tax rate
17		under this subsection, the Metro East Mass Transit District
18		Board of Trustees may adopt by a majority vote an ordinance at
19		any time before January 1, 1995 that excludes from the rate
20		increase tangible personal property that is titled or
21		registered with an agency of this State's government. The
22		ordinance excluding titled or registered tangible personal
23		property from the rate increase must be filed with the
24		Department at least 15 days before its effective date. At any
25		time after adopting an ordinance excluding from the rate
26		increase tangible personal property that is titled or

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1		registered with an agency of this State's government, the Metro
2		East Mass Transit District Board of Trustees may adopt an
3		ordinance applying the rate increase to that tangible personal
4		property. The ordinance shall be adopted, and a certified copy
5		of that ordinance shall be filed with the Department, on or
6		before October 1, whereupon the Department shall proceed to
7		administer and enforce the rate increase against tangible
8		personal property titled or registered with an agency of this
9		State's government as of the following January 1. After
10		December 31, 1995, any reimposed rate increase in effect under
11		this subsection shall no longer apply to tangible personal
12		property titled or registered with an agency of this State's
13		government. Beginning January 1, 1996, the Board of Trustees of
14		any Metro East Mass Transit District may never reimpose a
15		previously excluded tax rate increase on tangible personal
16		property titled or registered with an agency of this State's
17		government. After July 1, 2004, if the voters have approved a
18		referendum under this subsection to increase the tax rate under
19		this subsection, the Metro East Mass Transit District Board of
20		Trustees may adopt by a majority vote an ordinance that
21		excludes from the rate increase tangible personal property that
22		is titled or registered with an agency of this State's
23		government. The ordinance excluding titled or registered
24		tangible personal property from the rate increase shall be
25		adopted, and a certified copy of that ordinance shall be filed
26		with the Department on or before October 1, whereupon the

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1		Department shall administer and enforce this exclusion from the
2		rate increase as of the following January 1, or on or before
3		April 1, whereupon the Department shall administer and enforce
4		this exclusion from the rate increase as of the following July
5		1. The Board of Trustees of any Metro East Mass Transit
6		District may never reimpose a previously excluded tax rate
7		increase on tangible personal property titled or registered
8		with an agency of this State's government.
9		(d-6) If the Board of Trustees of any Metro East Mass
10		Transit District has imposed a rate increase under subsection
11		(d-5) and filed an ordinance with the Department of Revenue
12		excluding titled property from the higher rate, then that Board
13		may, by ordinance adopted with the concurrence of two-thirds of
14		the then trustees, impose throughout the District a fee. The
15		fee on the excluded property shall not exceed $20 per retail
16		transaction or an amount equal to the amount of tax excluded,
17		whichever is less, on tangible personal property that is titled
18		or registered with an agency of this State's government.
19		Beginning July 1, 2004, the fee shall apply only to titled
20		property that is subject to either the Metro East Mass Transit
21		District Retailers' Occupation Tax or the Metro East Mass
22		Transit District Service Occupation Tax. No fee shall be
23		imposed or collected under this subsection on the sale of a
24		motor vehicle in this State to a resident of another state if
25		that motor vehicle will not be titled in this State.
26		(d-7) Until June 30, 2004, if a fee has been imposed under

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1		subsection (d-6), a fee shall also be imposed upon the
2		privilege of using, in the district, any item of tangible
3		personal property that is titled or registered with any agency
4		of this State's government, in an amount equal to the amount of
5		the fee imposed under subsection (d-6).
6		(d-7.1) Beginning July 1, 2004, any fee imposed by the
7		Board of Trustees of any Metro East Mass Transit District under
8		subsection (d-6) and all civil penalties that may be assessed
9		as an incident of the fees shall be collected and enforced by
10		the State Department of Revenue. Reference to "taxes" in this
11		Section shall be construed to apply to the administration,
12		payment, and remittance of all fees under this Section. For
13		purposes of any fee imposed under subsection (d-6), 4% of the
14		fee, penalty, and interest received by the Department in the
15		first 12 months that the fee is collected and enforced by the
16		Department and 2% of the fee, penalty, and interest following
17		the first 12 months shall be deposited into the Tax Compliance
18		and Administration Fund and shall be used by the Department,
19		subject to appropriation, to cover the costs of the Department.
20		No retailers' discount shall apply to any fee imposed under
21		subsection (d-6).
22		(d-8) No item of titled property shall be subject to both
23		the higher rate approved by referendum, as authorized under
24		subsection (d-5), and any fee imposed under subsection (d-6) or
25		(d-7).
26		(d-9) (Blank).

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1		(d-10) (Blank).
2		(e) A certificate of registration issued by the State
3		Department of Revenue to a retailer under the Retailers'
4		Occupation Tax Act or under the Service Occupation Tax Act
5		shall permit the registrant to engage in a business that is
6		taxed under the tax imposed under paragraphs (b), (c) or (d) of
7		this Section and no additional registration shall be required
8		under the tax. A certificate issued under the Use Tax Act or
9		the Service Use Tax Act shall be applicable with regard to any
10		tax imposed under paragraph (c) of this Section.
11		(f) (Blank).
12		(g) Any ordinance imposing or discontinuing any tax under
13		this Section shall be adopted and a certified copy thereof
14		filed with the Department on or before June 1, whereupon the
15		Department of Revenue shall proceed to administer and enforce
16		this Section on behalf of the Metro East Mass Transit District
17		as of September 1 next following such adoption and filing.
18		Beginning January 1, 1992, an ordinance or resolution imposing
19		or discontinuing the tax hereunder shall be adopted and a
20		certified copy thereof filed with the Department on or before
21		the first day of July, whereupon the Department shall proceed
22		to administer and enforce this Section as of the first day of
23		October next following such adoption and filing. Beginning
24		January 1, 1993, except as provided in subsection (d-5) of this
25		Section, an ordinance or resolution imposing or discontinuing
26		the tax hereunder shall be adopted and a certified copy thereof

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1		filed with the Department on or before the first day of
2		October, whereupon the Department shall proceed to administer
3		and enforce this Section as of the first day of January next
4		following such adoption and filing, or, beginning January 1,
5		2004, on or before the first day of April, whereupon the
6		Department shall proceed to administer and enforce this Section
7		as of the first day of July next following the adoption and
8		filing.
9		(h) Except as provided in subsection (d-7.1), the State
10		Department of Revenue shall, upon collecting any taxes as
11		provided in this Section, pay the taxes over to the State
12		Treasurer as trustee for the District. The taxes shall be held
13		in a trust fund outside the State Treasury.
14		As soon as possible after the first day of each month,
15		beginning January 1, 2011, upon certification of the Department
16		of Revenue, the Comptroller shall order transferred, and the
17		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
18		local sales tax increment, as defined in the Innovation
19		Development and Economy Act, collected under this Section
20		during the second preceding calendar month for sales within a
21		STAR bond district. The Department shall make this
22		certification only if the local mass transit district imposes a
23		tax on real property as provided in the definition of "local
24		sales taxes" under the Innovation Development and Economy Act.
25		After the monthly transfer to the STAR Bonds Revenue Fund,
26		on or before the 25th day of each calendar month, the State

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1		Department of Revenue shall prepare and certify to the
2		Comptroller of the State of Illinois the amount to be paid to
3		the District, which shall be the amount (not including credit
4		memoranda) collected under this Section during the second
5		preceding calendar month by the Department plus an amount the
6		Department determines is necessary to offset any amounts that
7		were erroneously paid to a different taxing body, and not
8		including any amount equal to the amount of refunds made during
9		the second preceding calendar month by the Department on behalf
10		of the District, and not including any amount that the
11		Department determines is necessary to offset any amounts that
12		were payable to a different taxing body but were erroneously
13		paid to the District, and less any amounts that are transferred
14		to the STAR Bonds Revenue Fund, less 1.5% 2% of the remainder,
15		which the Department shall transfer into the Tax Compliance and
16		Administration Fund. The Department, at the time of each
17		monthly disbursement to the District, shall prepare and certify
18		to the State Comptroller the amount to be transferred into the
19		Tax Compliance and Administration Fund under this subsection.
20		Within 10 days after receipt by the Comptroller of the
21		certification of the amount to be paid to the District and the
22		Tax Compliance and Administration Fund, the Comptroller shall
23		cause an order to be drawn for payment for the amount in
24		accordance with the direction in the certification.
25		(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)

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1		Section 20-35. The Regional Transportation Authority Act
2		is amended by changing Section 4.03 as follows:
3		(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
4		Sec. 4.03. Taxes.
5		(a) In order to carry out any of the powers or purposes of
6		the Authority, the Board may by ordinance adopted with the
7		concurrence of 12 of the then Directors, impose throughout the
8		metropolitan region any or all of the taxes provided in this
9		Section. Except as otherwise provided in this Act, taxes
10		imposed under this Section and civil penalties imposed incident
11		thereto shall be collected and enforced by the State Department
12		of Revenue. The Department shall have the power to administer
13		and enforce the taxes and to determine all rights for refunds
14		for erroneous payments of the taxes. Nothing in Public Act
15		95-708 is intended to invalidate any taxes currently imposed by
16		the Authority. The increased vote requirements to impose a tax
17		shall only apply to actions taken after January 1, 2008 (the
18		effective date of Public Act 95-708).
19		(b) The Board may impose a public transportation tax upon
20		all persons engaged in the metropolitan region in the business
21		of selling at retail motor fuel for operation of motor vehicles
22		upon public highways. The tax shall be at a rate not to exceed
23		5% of the gross receipts from the sales of motor fuel in the
24		course of the business. As used in this Act, the term "motor
25		fuel" shall have the same meaning as in the Motor Fuel Tax Law.

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1		The Board may provide for details of the tax. The provisions of
2		any tax shall conform, as closely as may be practicable, to the
3		provisions of the Municipal Retailers Occupation Tax Act,
4		including without limitation, conformity to penalties with
5		respect to the tax imposed and as to the powers of the State
6		Department of Revenue to promulgate and enforce rules and
7		regulations relating to the administration and enforcement of
8		the provisions of the tax imposed, except that reference in the
9		Act to any municipality shall refer to the Authority and the
10		tax shall be imposed only with regard to receipts from sales of
11		motor fuel in the metropolitan region, at rates as limited by
12		this Section.
13		(c) In connection with the tax imposed under paragraph (b)
14		of this Section the Board may impose a tax upon the privilege
15		of using in the metropolitan region motor fuel for the
16		operation of a motor vehicle upon public highways, the tax to
17		be at a rate not in excess of the rate of tax imposed under
18		paragraph (b) of this Section. The Board may provide for
19		details of the tax.
20		(d) The Board may impose a motor vehicle parking tax upon
21		the privilege of parking motor vehicles at off-street parking
22		facilities in the metropolitan region at which a fee is
23		charged, and may provide for reasonable classifications in and
24		exemptions to the tax, for administration and enforcement
25		thereof and for civil penalties and refunds thereunder and may
26		provide criminal penalties thereunder, the maximum penalties

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1		not to exceed the maximum criminal penalties provided in the
2		Retailers' Occupation Tax Act. The Authority may collect and
3		enforce the tax itself or by contract with any unit of local
4		government. The State Department of Revenue shall have no
5		responsibility for the collection and enforcement unless the
6		Department agrees with the Authority to undertake the
7		collection and enforcement. As used in this paragraph, the term
8		"parking facility" means a parking area or structure having
9		parking spaces for more than 2 vehicles at which motor vehicles
10		are permitted to park in return for an hourly, daily, or other
11		periodic fee, whether publicly or privately owned, but does not
12		include parking spaces on a public street, the use of which is
13		regulated by parking meters.
14		(e) The Board may impose a Regional Transportation
15		Authority Retailers' Occupation Tax upon all persons engaged in
16		the business of selling tangible personal property at retail in
17		the metropolitan region. In Cook County the tax rate shall be
18		1.25% of the gross receipts from sales of food for human
19		consumption that is to be consumed off the premises where it is
20		sold (other than alcoholic beverages, soft drinks and food that
21		has been prepared for immediate consumption) and prescription
22		and nonprescription medicines, drugs, medical appliances and
23		insulin, urine testing materials, syringes and needles used by
24		diabetics, and 1% of the gross receipts from other taxable
25		sales made in the course of that business. In DuPage, Kane,
26		Lake, McHenry, and Will Counties, the tax rate shall be 0.75%

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1		of the gross receipts from all taxable sales made in the course
2		of that business. The tax imposed under this Section and all
3		civil penalties that may be assessed as an incident thereof
4		shall be collected and enforced by the State Department of
5		Revenue. The Department shall have full power to administer and
6		enforce this Section; to collect all taxes and penalties so
7		collected in the manner hereinafter provided; and to determine
8		all rights to credit memoranda arising on account of the
9		erroneous payment of tax or penalty hereunder. In the
10		administration of, and compliance with this Section, the
11		Department and persons who are subject to this Section shall
12		have the same rights, remedies, privileges, immunities, powers
13		and duties, and be subject to the same conditions,
14		restrictions, limitations, penalties, exclusions, exemptions
15		and definitions of terms, and employ the same modes of
16		procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
17		1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
18		therein other than the State rate of tax), 2c, 3 (except as to
19		the disposition of taxes and penalties collected), 4, 5, 5a,
20		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
21		7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
22		and Section 3-7 of the Uniform Penalty and Interest Act, as
23		fully as if those provisions were set forth herein.
24		Persons subject to any tax imposed under the authority
25		granted in this Section may reimburse themselves for their
26		seller's tax liability hereunder by separately stating the tax

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1		as an additional charge, which charge may be stated in
2		combination in a single amount with State taxes that sellers
3		are required to collect under the Use Tax Act, under any
4		bracket schedules the Department may prescribe.
5		Whenever the Department determines that a refund should be
6		made under this Section to a claimant instead of issuing a
7		credit memorandum, the Department shall notify the State
8		Comptroller, who shall cause the warrant to be drawn for the
9		amount specified, and to the person named, in the notification
10		from the Department. The refund shall be paid by the State
11		Treasurer out of the Regional Transportation Authority tax fund
12		established under paragraph (n) of this Section.
13		If a tax is imposed under this subsection (e), a tax shall
14		also be imposed under subsections (f) and (g) of this Section.
15		For the purpose of determining whether a tax authorized
16		under this Section is applicable, a retail sale by a producer
17		of coal or other mineral mined in Illinois, is a sale at retail
18		at the place where the coal or other mineral mined in Illinois
19		is extracted from the earth. This paragraph does not apply to
20		coal or other mineral when it is delivered or shipped by the
21		seller to the purchaser at a point outside Illinois so that the
22		sale is exempt under the Federal Constitution as a sale in
23		interstate or foreign commerce.
24		No tax shall be imposed or collected under this subsection
25		on the sale of a motor vehicle in this State to a resident of
26		another state if that motor vehicle will not be titled in this

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1		State.
2		Nothing in this Section shall be construed to authorize the
3		Regional Transportation Authority to impose a tax upon the
4		privilege of engaging in any business that under the
5		Constitution of the United States may not be made the subject
6		of taxation by this State.
7		(f) If a tax has been imposed under paragraph (e), a
8		Regional Transportation Authority Service Occupation Tax shall
9		also be imposed upon all persons engaged, in the metropolitan
10		region in the business of making sales of service, who as an
11		incident to making the sales of service, transfer tangible
12		personal property within the metropolitan region, either in the
13		form of tangible personal property or in the form of real
14		estate as an incident to a sale of service. In Cook County, the
15		tax rate shall be: (1) 1.25% of the serviceman's cost price of
16		food prepared for immediate consumption and transferred
17		incident to a sale of service subject to the service occupation
18		tax by an entity licensed under the Hospital Licensing Act, the
19		Nursing Home Care Act, the Specialized Mental Health
20		Rehabilitation Act of 2013, the ID/DD Community Care Act, or
21		the MC/DD Act that is located in the metropolitan region; (2)
22		1.25% of the selling price of food for human consumption that
23		is to be consumed off the premises where it is sold (other than
24		alcoholic beverages, soft drinks and food that has been
25		prepared for immediate consumption) and prescription and
26		nonprescription medicines, drugs, medical appliances and

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1		insulin, urine testing materials, syringes and needles used by
2		diabetics; and (3) 1% of the selling price from other taxable
3		sales of tangible personal property transferred. In DuPage,
4		Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
5		of the selling price of all tangible personal property
6		transferred.
7		The tax imposed under this paragraph and all civil
8		penalties that may be assessed as an incident thereof shall be
9		collected and enforced by the State Department of Revenue. The
10		Department shall have full power to administer and enforce this
11		paragraph; to collect all taxes and penalties due hereunder; to
12		dispose of taxes and penalties collected in the manner
13		hereinafter provided; and to determine all rights to credit
14		memoranda arising on account of the erroneous payment of tax or
15		penalty hereunder. In the administration of and compliance with
16		this paragraph, the Department and persons who are subject to
17		this paragraph shall have the same rights, remedies,
18		privileges, immunities, powers and duties, and be subject to
19		the same conditions, restrictions, limitations, penalties,
20		exclusions, exemptions and definitions of terms, and employ the
21		same modes of procedure, as are prescribed in Sections 1a-1, 2,
22		2a, 3 through 3-50 (in respect to all provisions therein other
23		than the State rate of tax), 4 (except that the reference to
24		the State shall be to the Authority), 5, 7, 8 (except that the
25		jurisdiction to which the tax shall be a debt to the extent
26		indicated in that Section 8 shall be the Authority), 9 (except

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1		as to the disposition of taxes and penalties collected, and
2		except that the returned merchandise credit for this tax may
3		not be taken against any State tax), 10, 11, 12 (except the
4		reference therein to Section 2b of the Retailers' Occupation
5		Tax Act), 13 (except that any reference to the State shall mean
6		the Authority), the first paragraph of Section 15, 16, 17, 18,
7		19 and 20 of the Service Occupation Tax Act and Section 3-7 of
8		the Uniform Penalty and Interest Act, as fully as if those
9		provisions were set forth herein.
10		Persons subject to any tax imposed under the authority
11		granted in this paragraph may reimburse themselves for their
12		serviceman's tax liability hereunder by separately stating the
13		tax as an additional charge, that charge may be stated in
14		combination in a single amount with State tax that servicemen
15		are authorized to collect under the Service Use Tax Act, under
16		any bracket schedules the Department may prescribe.
17		Whenever the Department determines that a refund should be
18		made under this paragraph to a claimant instead of issuing a
19		credit memorandum, the Department shall notify the State
20		Comptroller, who shall cause the warrant to be drawn for the
21		amount specified, and to the person named in the notification
22		from the Department. The refund shall be paid by the State
23		Treasurer out of the Regional Transportation Authority tax fund
24		established under paragraph (n) of this Section.
25		Nothing in this paragraph shall be construed to authorize
26		the Authority to impose a tax upon the privilege of engaging in

HB3342 Enrolled - 253 - LRB100 08528 SMS 18653 b
1		any business that under the Constitution of the United States
2		may not be made the subject of taxation by the State.
3		(g) If a tax has been imposed under paragraph (e), a tax
4		shall also be imposed upon the privilege of using in the
5		metropolitan region, any item of tangible personal property
6		that is purchased outside the metropolitan region at retail
7		from a retailer, and that is titled or registered with an
8		agency of this State's government. In Cook County the tax rate
9		shall be 1% of the selling price of the tangible personal
10		property, as "selling price" is defined in the Use Tax Act. In
11		DuPage, Kane, Lake, McHenry and Will counties the tax rate
12		shall be 0.75% of the selling price of the tangible personal
13		property, as "selling price" is defined in the Use Tax Act. The
14		tax shall be collected from persons whose Illinois address for
15		titling or registration purposes is given as being in the
16		metropolitan region. The tax shall be collected by the
17		Department of Revenue for the Regional Transportation
18		Authority. The tax must be paid to the State, or an exemption
19		determination must be obtained from the Department of Revenue,
20		before the title or certificate of registration for the
21		property may be issued. The tax or proof of exemption may be
22		transmitted to the Department by way of the State agency with
23		which, or the State officer with whom, the tangible personal
24		property must be titled or registered if the Department and the
25		State agency or State officer determine that this procedure
26		will expedite the processing of applications for title or

HB3342 Enrolled - 254 - LRB100 08528 SMS 18653 b
1		registration.
2		The Department shall have full power to administer and
3		enforce this paragraph; to collect all taxes, penalties and
4		interest due hereunder; to dispose of taxes, penalties and
5		interest collected in the manner hereinafter provided; and to
6		determine all rights to credit memoranda or refunds arising on
7		account of the erroneous payment of tax, penalty or interest
8		hereunder. In the administration of and compliance with this
9		paragraph, the Department and persons who are subject to this
10		paragraph shall have the same rights, remedies, privileges,
11		immunities, powers and duties, and be subject to the same
12		conditions, restrictions, limitations, penalties, exclusions,
13		exemptions and definitions of terms and employ the same modes
14		of procedure, as are prescribed in Sections 2 (except the
15		definition of "retailer maintaining a place of business in this
16		State"), 3 through 3-80 (except provisions pertaining to the
17		State rate of tax, and except provisions concerning collection
18		or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19		19 (except the portions pertaining to claims by retailers and
20		except the last paragraph concerning refunds), 20, 21 and 22 of
21		the Use Tax Act, and are not inconsistent with this paragraph,
22		as fully as if those provisions were set forth herein.
23		Whenever the Department determines that a refund should be
24		made under this paragraph to a claimant instead of issuing a
25		credit memorandum, the Department shall notify the State
26		Comptroller, who shall cause the order to be drawn for the

HB3342 Enrolled - 255 - LRB100 08528 SMS 18653 b
1		amount specified, and to the person named in the notification
2		from the Department. The refund shall be paid by the State
3		Treasurer out of the Regional Transportation Authority tax fund
4		established under paragraph (n) of this Section.
5		(h) The Authority may impose a replacement vehicle tax of
6		$50 on any passenger car as defined in Section 1-157 of the
7		Illinois Vehicle Code purchased within the metropolitan region
8		by or on behalf of an insurance company to replace a passenger
9		car of an insured person in settlement of a total loss claim.
10		The tax imposed may not become effective before the first day
11		of the month following the passage of the ordinance imposing
12		the tax and receipt of a certified copy of the ordinance by the
13		Department of Revenue. The Department of Revenue shall collect
14		the tax for the Authority in accordance with Sections 3-2002
15		and 3-2003 of the Illinois Vehicle Code.
16		The Department shall immediately pay over to the State
17		Treasurer, ex officio, as trustee, all taxes collected
18		hereunder.
19		As soon as possible after the first day of each month,
20		beginning January 1, 2011, upon certification of the Department
21		of Revenue, the Comptroller shall order transferred, and the
22		Treasurer shall transfer, to the STAR Bonds Revenue Fund the
23		local sales tax increment, as defined in the Innovation
24		Development and Economy Act, collected under this Section
25		during the second preceding calendar month for sales within a
26		STAR bond district.

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1		After the monthly transfer to the STAR Bonds Revenue Fund,
2		on or before the 25th day of each calendar month, the
3		Department shall prepare and certify to the Comptroller the
4		disbursement of stated sums of money to the Authority. The
5		amount to be paid to the Authority shall be the amount
6		collected hereunder during the second preceding calendar month
7		by the Department, less any amount determined by the Department
8		to be necessary for the payment of refunds, and less any
9		amounts that are transferred to the STAR Bonds Revenue Fund.
10		Within 10 days after receipt by the Comptroller of the
11		disbursement certification to the Authority provided for in
12		this Section to be given to the Comptroller by the Department,
13		the Comptroller shall cause the orders to be drawn for that
14		amount in accordance with the directions contained in the
15		certification.
16		(i) The Board may not impose any other taxes except as it
17		may from time to time be authorized by law to impose.
18		(j) A certificate of registration issued by the State
19		Department of Revenue to a retailer under the Retailers'
20		Occupation Tax Act or under the Service Occupation Tax Act
21		shall permit the registrant to engage in a business that is
22		taxed under the tax imposed under paragraphs (b), (e), (f) or
23		(g) of this Section and no additional registration shall be
24		required under the tax. A certificate issued under the Use Tax
25		Act or the Service Use Tax Act shall be applicable with regard
26		to any tax imposed under paragraph (c) of this Section.

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1		(k) The provisions of any tax imposed under paragraph (c)
2		of this Section shall conform as closely as may be practicable
3		to the provisions of the Use Tax Act, including without
4		limitation conformity as to penalties with respect to the tax
5		imposed and as to the powers of the State Department of Revenue
6		to promulgate and enforce rules and regulations relating to the
7		administration and enforcement of the provisions of the tax
8		imposed. The taxes shall be imposed only on use within the
9		metropolitan region and at rates as provided in the paragraph.
10		(l) The Board in imposing any tax as provided in paragraphs
11		(b) and (c) of this Section, shall, after seeking the advice of
12		the State Department of Revenue, provide means for retailers,
13		users or purchasers of motor fuel for purposes other than those
14		with regard to which the taxes may be imposed as provided in
15		those paragraphs to receive refunds of taxes improperly paid,
16		which provisions may be at variance with the refund provisions
17		as applicable under the Municipal Retailers Occupation Tax Act.
18		The State Department of Revenue may provide for certificates of
19		registration for users or purchasers of motor fuel for purposes
20		other than those with regard to which taxes may be imposed as
21		provided in paragraphs (b) and (c) of this Section to
22		facilitate the reporting and nontaxability of the exempt sales
23		or uses.
24		(m) Any ordinance imposing or discontinuing any tax under
25		this Section shall be adopted and a certified copy thereof
26		filed with the Department on or before June 1, whereupon the

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1		Department of Revenue shall proceed to administer and enforce
2		this Section on behalf of the Regional Transportation Authority
3		as of September 1 next following such adoption and filing.
4		Beginning January 1, 1992, an ordinance or resolution imposing
5		or discontinuing the tax hereunder shall be adopted and a
6		certified copy thereof filed with the Department on or before
7		the first day of July, whereupon the Department shall proceed
8		to administer and enforce this Section as of the first day of
9		October next following such adoption and filing. Beginning
10		January 1, 1993, an ordinance or resolution imposing,
11		increasing, decreasing, or discontinuing the tax hereunder
12		shall be adopted and a certified copy thereof filed with the
13		Department, whereupon the Department shall proceed to
14		administer and enforce this Section as of the first day of the
15		first month to occur not less than 60 days following such
16		adoption and filing. Any ordinance or resolution of the
17		Authority imposing a tax under this Section and in effect on
18		August 1, 2007 shall remain in full force and effect and shall
19		be administered by the Department of Revenue under the terms
20		and conditions and rates of tax established by such ordinance
21		or resolution until the Department begins administering and
22		enforcing an increased tax under this Section as authorized by
23		Public Act 95-708. The tax rates authorized by Public Act
24		95-708 are effective only if imposed by ordinance of the
25		Authority.
26		(n) Except as otherwise provided in this subsection (n),

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1		the State Department of Revenue shall, upon collecting any
2		taxes as provided in this Section, pay the taxes over to the
3		State Treasurer as trustee for the Authority. The taxes shall
4		be held in a trust fund outside the State Treasury. On or
5		before the 25th day of each calendar month, the State
6		Department of Revenue shall prepare and certify to the
7		Comptroller of the State of Illinois and to the Authority (i)
8		the amount of taxes collected in each County other than Cook
9		County in the metropolitan region, (ii) the amount of taxes
10		collected within the City of Chicago, and (iii) the amount
11		collected in that portion of Cook County outside of Chicago,
12		each amount less the amount necessary for the payment of
13		refunds to taxpayers located in those areas described in items
14		(i), (ii), and (iii), and less 1.5% 2% of the remainder, which
15		shall be transferred from the trust fund into the Tax
16		Compliance and Administration Fund. The Department, at the time
17		of each monthly disbursement to the Authority, shall prepare
18		and certify to the State Comptroller the amount to be
19		transferred into the Tax Compliance and Administration Fund
20		under this subsection. Within 10 days after receipt by the
21		Comptroller of the certification of the amounts, the
22		Comptroller shall cause an order to be drawn for the transfer
23		of the amount certified into the Tax Compliance and
24		Administration Fund and the payment of two-thirds of the
25		amounts certified in item (i) of this subsection to the
26		Authority and one-third of the amounts certified in item (i) of

HB3342 Enrolled - 260 - LRB100 08528 SMS 18653 b
1		this subsection to the respective counties other than Cook
2		County and the amount certified in items (ii) and (iii) of this
3		subsection to the Authority.
4		In addition to the disbursement required by the preceding
5		paragraph, an allocation shall be made in July 1991 and each
6		year thereafter to the Regional Transportation Authority. The
7		allocation shall be made in an amount equal to the average
8		monthly distribution during the preceding calendar year
9		(excluding the 2 months of lowest receipts) and the allocation
10		shall include the amount of average monthly distribution from
11		the Regional Transportation Authority Occupation and Use Tax
12		Replacement Fund. The distribution made in July 1992 and each
13		year thereafter under this paragraph and the preceding
14		paragraph shall be reduced by the amount allocated and
15		disbursed under this paragraph in the preceding calendar year.
16		The Department of Revenue shall prepare and certify to the
17		Comptroller for disbursement the allocations made in
18		accordance with this paragraph.
19		(o) Failure to adopt a budget ordinance or otherwise to
20		comply with Section 4.01 of this Act or to adopt a Five-year
21		Capital Program or otherwise to comply with paragraph (b) of
22		Section 2.01 of this Act shall not affect the validity of any
23		tax imposed by the Authority otherwise in conformity with law.
24		(p) At no time shall a public transportation tax or motor
25		vehicle parking tax authorized under paragraphs (b), (c) and
26		(d) of this Section be in effect at the same time as any

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1		retailers' occupation, use or service occupation tax
2		authorized under paragraphs (e), (f) and (g) of this Section is
3		in effect.
4		Any taxes imposed under the authority provided in
5		paragraphs (b), (c) and (d) shall remain in effect only until
6		the time as any tax authorized by paragraphs (e), (f) or (g) of
7		this Section are imposed and becomes effective. Once any tax
8		authorized by paragraphs (e), (f) or (g) is imposed the Board
9		may not reimpose taxes as authorized in paragraphs (b), (c) and
10		(d) of the Section unless any tax authorized by paragraphs (e),
11		(f) or (g) of this Section becomes ineffective by means other
12		than an ordinance of the Board.
13		(q) Any existing rights, remedies and obligations
14		(including enforcement by the Regional Transportation
15		Authority) arising under any tax imposed under paragraphs (b),
16		(c) or (d) of this Section shall not be affected by the
17		imposition of a tax under paragraphs (e), (f) or (g) of this
18		Section.
19		(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;
20		99-642, eff. 7-28-16; 100-23, eff. 7-6-17.)
21		Section 20-40. The Water Commission Act of 1985 is amended
22		by changing Section 4 as follows:
23		(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
24		Sec. 4. Taxes.

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1		(a) The board of commissioners of any county water
2		commission may, by ordinance, impose throughout the territory
3		of the commission any or all of the taxes provided in this
4		Section for its corporate purposes. However, no county water
5		commission may impose any such tax unless the commission
6		certifies the proposition of imposing the tax to the proper
7		election officials, who shall submit the proposition to the
8		voters residing in the territory at an election in accordance
9		with the general election law, and the proposition has been
10		approved by a majority of those voting on the proposition.
11		The proposition shall be in the form provided in Section 5
12		or shall be substantially in the following form:
13		-------------------------------------------------------------
14		Shall the (insert corporate
15		name of county water commission) YES
16		impose (state type of tax or ------------------------
17		taxes to be imposed) at the NO
18		rate of 1/4%?
19		-------------------------------------------------------------
20		Taxes imposed under this Section and civil penalties
21		imposed incident thereto shall be collected and enforced by the
22		State Department of Revenue. The Department shall have the
23		power to administer and enforce the taxes and to determine all
24		rights for refunds for erroneous payments of the taxes.
25		(b) The board of commissioners may impose a County Water
26		Commission Retailers' Occupation Tax upon all persons engaged

HB3342 Enrolled - 263 - LRB100 08528 SMS 18653 b
1		in the business of selling tangible personal property at retail
2		in the territory of the commission at a rate of 1/4% of the
3		gross receipts from the sales made in the course of such
4		business within the territory. The tax imposed under this
5		paragraph and all civil penalties that may be assessed as an
6		incident thereof shall be collected and enforced by the State
7		Department of Revenue. The Department shall have full power to
8		administer and enforce this paragraph; to collect all taxes and
9		penalties due hereunder; to dispose of taxes and penalties so
10		collected in the manner hereinafter provided; and to determine
11		all rights to credit memoranda arising on account of the
12		erroneous payment of tax or penalty hereunder. In the
13		administration of, and compliance with, this paragraph, the
14		Department and persons who are subject to this paragraph shall
15		have the same rights, remedies, privileges, immunities, powers
16		and duties, and be subject to the same conditions,
17		restrictions, limitations, penalties, exclusions, exemptions
18		and definitions of terms, and employ the same modes of
19		procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
20		1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
21		therein other than the State rate of tax except that food for
22		human consumption that is to be consumed off the premises where
23		it is sold (other than alcoholic beverages, soft drinks, and
24		food that has been prepared for immediate consumption) and
25		prescription and nonprescription medicine, drugs, medical
26		appliances and insulin, urine testing materials, syringes, and

HB3342 Enrolled - 264 - LRB100 08528 SMS 18653 b
1		needles used by diabetics, for human use, shall not be subject
2		to tax hereunder), 2c, 3 (except as to the disposition of taxes
3		and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
4		5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13
5		of the Retailers' Occupation Tax Act and Section 3-7 of the
6		Uniform Penalty and Interest Act, as fully as if those
7		provisions were set forth herein.
8		Persons subject to any tax imposed under the authority
9		granted in this paragraph may reimburse themselves for their
10		seller's tax liability hereunder by separately stating the tax
11		as an additional charge, which charge may be stated in
12		combination, in a single amount, with State taxes that sellers
13		are required to collect under the Use Tax Act and under
14		subsection (e) of Section 4.03 of the Regional Transportation
15		Authority Act, in accordance with such bracket schedules as the
16		Department may prescribe.
17		Whenever the Department determines that a refund should be
18		made under this paragraph to a claimant instead of issuing a
19		credit memorandum, the Department shall notify the State
20		Comptroller, who shall cause the warrant to be drawn for the
21		amount specified, and to the person named, in the notification
22		from the Department. The refund shall be paid by the State
23		Treasurer out of a county water commission tax fund established
24		under subsection paragraph (g) of this Section.
25		For the purpose of determining whether a tax authorized
26		under this paragraph is applicable, a retail sale by a producer

HB3342 Enrolled - 265 - LRB100 08528 SMS 18653 b
1		of coal or other mineral mined in Illinois is a sale at retail
2		at the place where the coal or other mineral mined in Illinois
3		is extracted from the earth. This paragraph does not apply to
4		coal or other mineral when it is delivered or shipped by the
5		seller to the purchaser at a point outside Illinois so that the
6		sale is exempt under the Federal Constitution as a sale in
7		interstate or foreign commerce.
8		If a tax is imposed under this subsection (b), a tax shall
9		also be imposed under subsections (c) and (d) of this Section.
10		No tax shall be imposed or collected under this subsection
11		on the sale of a motor vehicle in this State to a resident of
12		another state if that motor vehicle will not be titled in this
13		State.
14		Nothing in this paragraph shall be construed to authorize a
15		county water commission to impose a tax upon the privilege of
16		engaging in any business which under the Constitution of the
17		United States may not be made the subject of taxation by this
18		State.
19		(c) If a tax has been imposed under subsection (b), a
20		County Water Commission Service Occupation Tax shall also be
21		imposed upon all persons engaged, in the territory of the
22		commission, in the business of making sales of service, who, as
23		an incident to making the sales of service, transfer tangible
24		personal property within the territory. The tax rate shall be
25		1/4% of the selling price of tangible personal property so
26		transferred within the territory. The tax imposed under this

HB3342 Enrolled - 266 - LRB100 08528 SMS 18653 b
1		paragraph and all civil penalties that may be assessed as an
2		incident thereof shall be collected and enforced by the State
3		Department of Revenue. The Department shall have full power to
4		administer and enforce this paragraph; to collect all taxes and
5		penalties due hereunder; to dispose of taxes and penalties so
6		collected in the manner hereinafter provided; and to determine
7		all rights to credit memoranda arising on account of the
8		erroneous payment of tax or penalty hereunder. In the
9		administration of, and compliance with, this paragraph, the
10		Department and persons who are subject to this paragraph shall
11		have the same rights, remedies, privileges, immunities, powers
12		and duties, and be subject to the same conditions,
13		restrictions, limitations, penalties, exclusions, exemptions
14		and definitions of terms, and employ the same modes of
15		procedure, as are prescribed in Sections 1a-1, 2 (except that
16		the reference to State in the definition of supplier
17		maintaining a place of business in this State shall mean the
18		territory of the commission), 2a, 3 through 3-50 (in respect to
19		all provisions therein other than the State rate of tax except
20		that food for human consumption that is to be consumed off the
21		premises where it is sold (other than alcoholic beverages, soft
22		drinks, and food that has been prepared for immediate
23		consumption) and prescription and nonprescription medicines,
24		drugs, medical appliances and insulin, urine testing
25		materials, syringes, and needles used by diabetics, for human
26		use, shall not be subject to tax hereunder), 4 (except that the

HB3342 Enrolled - 267 - LRB100 08528 SMS 18653 b
1		reference to the State shall be to the territory of the
2		commission), 5, 7, 8 (except that the jurisdiction to which the
3		tax shall be a debt to the extent indicated in that Section 8
4		shall be the commission), 9 (except as to the disposition of
5		taxes and penalties collected and except that the returned
6		merchandise credit for this tax may not be taken against any
7		State tax), 10, 11, 12 (except the reference therein to Section
8		2b of the Retailers' Occupation Tax Act), 13 (except that any
9		reference to the State shall mean the territory of the
10		commission), the first paragraph of Section 15, 15.5, 16, 17,
11		18, 19, and 20 of the Service Occupation Tax Act as fully as if
12		those provisions were set forth herein.
13		Persons subject to any tax imposed under the authority
14		granted in this paragraph may reimburse themselves for their
15		serviceman's tax liability hereunder by separately stating the
16		tax as an additional charge, which charge may be stated in
17		combination, in a single amount, with State tax that servicemen
18		are authorized to collect under the Service Use Tax Act, and
19		any tax for which servicemen may be liable under subsection (f)
20		of Section 4.03 of the Regional Transportation Authority Act,
21		in accordance with such bracket schedules as the Department may
22		prescribe.
23		Whenever the Department determines that a refund should be
24		made under this paragraph to a claimant instead of issuing a
25		credit memorandum, the Department shall notify the State
26		Comptroller, who shall cause the warrant to be drawn for the

HB3342 Enrolled - 268 - LRB100 08528 SMS 18653 b
1		amount specified, and to the person named, in the notification
2		from the Department. The refund shall be paid by the State
3		Treasurer out of a county water commission tax fund established
4		under subsection paragraph (g) of this Section.
5		Nothing in this paragraph shall be construed to authorize a
6		county water commission to impose a tax upon the privilege of
7		engaging in any business which under the Constitution of the
8		United States may not be made the subject of taxation by the
9		State.
10		(d) If a tax has been imposed under subsection (b), a tax
11		shall also be imposed upon the privilege of using, in the
12		territory of the commission, any item of tangible personal
13		property that is purchased outside the territory at retail from
14		a retailer, and that is titled or registered with an agency of
15		this State's government, at a rate of 1/4% of the selling price
16		of the tangible personal property within the territory, as
17		"selling price" is defined in the Use Tax Act. The tax shall be
18		collected from persons whose Illinois address for titling or
19		registration purposes is given as being in the territory. The
20		tax shall be collected by the Department of Revenue for a
21		county water commission. The tax must be paid to the State, or
22		an exemption determination must be obtained from the Department
23		of Revenue, before the title or certificate of registration for
24		the property may be issued. The tax or proof of exemption may
25		be transmitted to the Department by way of the State agency
26		with which, or the State officer with whom, the tangible

HB3342 Enrolled - 269 - LRB100 08528 SMS 18653 b
1		personal property must be titled or registered if the
2		Department and the State agency or State officer determine that
3		this procedure will expedite the processing of applications for
4		title or registration.
5		The Department shall have full power to administer and
6		enforce this paragraph; to collect all taxes, penalties, and
7		interest due hereunder; to dispose of taxes, penalties, and
8		interest so collected in the manner hereinafter provided; and
9		to determine all rights to credit memoranda or refunds arising
10		on account of the erroneous payment of tax, penalty, or
11		interest hereunder. In the administration of, and compliance
12		with this paragraph, the Department and persons who are subject
13		to this paragraph shall have the same rights, remedies,
14		privileges, immunities, powers, and duties, and be subject to
15		the same conditions, restrictions, limitations, penalties,
16		exclusions, exemptions, and definitions of terms and employ the
17		same modes of procedure, as are prescribed in Sections 2
18		(except the definition of "retailer maintaining a place of
19		business in this State"), 3 through 3-80 (except provisions
20		pertaining to the State rate of tax, and except provisions
21		concerning collection or refunding of the tax by retailers, and
22		except that food for human consumption that is to be consumed
23		off the premises where it is sold (other than alcoholic
24		beverages, soft drinks, and food that has been prepared for
25		immediate consumption) and prescription and nonprescription
26		medicines, drugs, medical appliances and insulin, urine

HB3342 Enrolled - 270 - LRB100 08528 SMS 18653 b
1		testing materials, syringes, and needles used by diabetics, for
2		human use, shall not be subject to tax hereunder), 4, 11, 12,
3		12a, 14, 15, 19 (except the portions pertaining to claims by
4		retailers and except the last paragraph concerning refunds),
5		20, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform
6		Penalty and Interest Act that are not inconsistent with this
7		paragraph, as fully as if those provisions were set forth
8		herein.
9		Whenever the Department determines that a refund should be
10		made under this paragraph to a claimant instead of issuing a
11		credit memorandum, the Department shall notify the State
12		Comptroller, who shall cause the order to be drawn for the
13		amount specified, and to the person named, in the notification
14		from the Department. The refund shall be paid by the State
15		Treasurer out of a county water commission tax fund established
16		under subsection paragraph (g) of this Section.
17		(e) A certificate of registration issued by the State
18		Department of Revenue to a retailer under the Retailers'
19		Occupation Tax Act or under the Service Occupation Tax Act
20		shall permit the registrant to engage in a business that is
21		taxed under the tax imposed under subsection paragraphs (b),
22		(c), or (d) of this Section and no additional registration
23		shall be required under the tax. A certificate issued under the
24		Use Tax Act or the Service Use Tax Act shall be applicable with
25		regard to any tax imposed under subsection paragraph (c) of
26		this Section.

HB3342 Enrolled - 271 - LRB100 08528 SMS 18653 b
1		(f) Any ordinance imposing or discontinuing any tax under
2		this Section shall be adopted and a certified copy thereof
3		filed with the Department on or before June 1, whereupon the
4		Department of Revenue shall proceed to administer and enforce
5		this Section on behalf of the county water commission as of
6		September 1 next following the adoption and filing. Beginning
7		January 1, 1992, an ordinance or resolution imposing or
8		discontinuing the tax hereunder shall be adopted and a
9		certified copy thereof filed with the Department on or before
10		the first day of July, whereupon the Department shall proceed
11		to administer and enforce this Section as of the first day of
12		October next following such adoption and filing. Beginning
13		January 1, 1993, an ordinance or resolution imposing or
14		discontinuing the tax hereunder shall be adopted and a
15		certified copy thereof filed with the Department on or before
16		the first day of October, whereupon the Department shall
17		proceed to administer and enforce this Section as of the first
18		day of January next following such adoption and filing.
19		(g) The State Department of Revenue shall, upon collecting
20		any taxes as provided in this Section, pay the taxes over to
21		the State Treasurer as trustee for the commission. The taxes
22		shall be held in a trust fund outside the State Treasury.
23		As soon as possible after the first day of each month,
24		beginning January 1, 2011, upon certification of the Department
25		of Revenue, the Comptroller shall order transferred, and the
26		Treasurer shall transfer, to the STAR Bonds Revenue Fund the

HB3342 Enrolled - 272 - LRB100 08528 SMS 18653 b
1		local sales tax increment, as defined in the Innovation
2		Development and Economy Act, collected under this Section
3		during the second preceding calendar month for sales within a
4		STAR bond district.
5		After the monthly transfer to the STAR Bonds Revenue Fund,
6		on or before the 25th day of each calendar month, the State
7		Department of Revenue shall prepare and certify to the
8		Comptroller of the State of Illinois the amount to be paid to
9		the commission, which shall be the amount (not including credit
10		memoranda) collected under this Section during the second
11		preceding calendar month by the Department plus an amount the
12		Department determines is necessary to offset any amounts that
13		were erroneously paid to a different taxing body, and not
14		including any amount equal to the amount of refunds made during
15		the second preceding calendar month by the Department on behalf
16		of the commission, and not including any amount that the
17		Department determines is necessary to offset any amounts that
18		were payable to a different taxing body but were erroneously
19		paid to the commission, and less any amounts that are
20		transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
21		remainder, which shall be transferred into the Tax Compliance
22		and Administration Fund. The Department, at the time of each
23		monthly disbursement to the commission, shall prepare and
24		certify to the State Comptroller the amount to be transferred
25		into the Tax Compliance and Administration Fund under this
26		subsection. Within 10 days after receipt by the Comptroller of

HB3342 Enrolled - 273 - LRB100 08528 SMS 18653 b
1		the certification of the amount to be paid to the commission
2		and the Tax Compliance and Administration Fund, the Comptroller
3		shall cause an order to be drawn for the payment for the amount
4		in accordance with the direction in the certification.
5		(h) Beginning June 1, 2016, any tax imposed pursuant to
6		this Section may no longer be imposed or collected, unless a
7		continuation of the tax is approved by the voters at a
8		referendum as set forth in this Section.
9		(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
10		100-23, eff. 7-6-17; revised 10-3-17.)
11		ARTICLE 25. FISCAL YEAR LIMITATIONS
12		Section 25-5. The State Finance Act is amended by changing
13		Sections 5h.5 and 25 as follows:
14		(30 ILCS 105/5h.5)
15		Sec. 5h.5. Cash flow borrowing and general funds liquidity;
16		Fiscal Years Year 2018 and 2019.
17		(a) In order to meet cash flow deficits and to maintain
18		liquidity in general funds and the Health Insurance Reserve
19		Fund, on and after July 1, 2017 and through March 1, 2019
20		December 31, 2018, the State Treasurer and the State
21		Comptroller, in consultation with the Governor's Office of
22		Management and Budget, shall make transfers to general funds
23		and the Health Insurance Reserve Fund, as directed by the State

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1		Comptroller, out of special funds of the State, to the extent
2		allowed by federal law.
3		No such transfer may reduce the cumulative balance of all
4		of the special funds of the State to an amount less than the
5		total debt service payable during the 12 months immediately
6		following the date of the transfer on any bonded indebtedness
7		of the State and any certificates issued under the Short Term
8		Borrowing Act. At no time shall the outstanding total transfers
9		made from the special funds of the State to general funds and
10		the Health Insurance Reserve Fund under this Section exceed
11		$1,200,000,000; once the amount of $1,200,000,000 has been
12		transferred from the special funds of the State to general
13		funds and the Health Insurance Reserve Fund, additional
14		transfers may be made from the special funds of the State to
15		general funds and the Health Insurance Reserve Fund under this
16		Section only to the extent that moneys have first been
17		re-transferred from general funds and the Health Insurance
18		Reserve Fund to those special funds of the State.
19		Notwithstanding any other provision of this Section, no such
20		transfer may be made from any special fund that is exclusively
21		collected by or directly appropriated to any other
22		constitutional officer without the written approval of that
23		constitutional officer.
24		(b) If moneys have been transferred to general funds and
25		the Health Insurance Reserve Fund pursuant to subsection (a) of
26		this Section, this amendatory Act of the 100th General Assembly

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1		shall constitute the continuing authority for and direction to
2		the State Treasurer and State Comptroller to reimburse the
3		funds of origin from general funds by transferring to the funds
4		of origin, at such times and in such amounts as directed by the
5		Comptroller when necessary to support appropriated
6		expenditures from the funds, an amount equal to that
7		transferred from them plus any interest that would have accrued
8		thereon had the transfer not occurred, except that any moneys
9		transferred pursuant to subsection (a) of this Section shall be
10		repaid to the fund of origin within 24 months after the date on
11		which they were borrowed. When any of the funds from which
12		moneys have been transferred pursuant to subsection (a) have
13		insufficient cash from which the State Comptroller may make
14		expenditures properly supported by appropriations from the
15		fund, then the State Treasurer and State Comptroller shall
16		transfer from general funds to the fund only such amount as is
17		immediately necessary to satisfy outstanding expenditure
18		obligations on a timely basis.
19		(c) On the first day of each quarterly period in each
20		fiscal year, until such time as a report indicates that all
21		moneys borrowed and interest pursuant to this Section have been
22		repaid, the Comptroller shall provide to the President and the
23		Minority Leader of the Senate, the Speaker and the Minority
24		Leader of the House of Representatives, and the Commission on
25		Government Forecasting and Accountability a report on all
26		transfers made pursuant to this Section in the prior quarterly

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1		period. The report must be provided in electronic format. The
2		report must include all of the following:
3		(1) the date each transfer was made;
4		(2) the amount of each transfer;
5		(3) in the case of a transfer from general funds to a
6		fund of origin pursuant to subsection (b) of this Section,
7		the amount of interest being paid to the fund of origin;
8		and
9		(4) the end of day balance of the fund of origin, the
10		general funds, and the Health Insurance Reserve Fund on the
11		date the transfer was made.
12		(Source: P.A. 100-23, eff. 7-6-17.)
13		(30 ILCS 105/25) (from Ch. 127, par. 161)
14		Sec. 25. Fiscal year limitations.
15		(a) All appropriations shall be available for expenditure
16		for the fiscal year or for a lesser period if the Act making
17		that appropriation so specifies. A deficiency or emergency
18		appropriation shall be available for expenditure only through
19		June 30 of the year when the Act making that appropriation is
20		enacted unless that Act otherwise provides.
21		(b) Outstanding liabilities as of June 30, payable from
22		appropriations which have otherwise expired, may be paid out of
23		the expiring appropriations during the 2-month period ending at
24		the close of business on August 31. Any service involving
25		professional or artistic skills or any personal services by an

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1		employee whose compensation is subject to income tax
2		withholding must be performed as of June 30 of the fiscal year
3		in order to be considered an "outstanding liability as of June
4		30" that is thereby eligible for payment out of the expiring
5		appropriation.
6		(b-1) However, payment of tuition reimbursement claims
7		under Section 14-7.03 or 18-3 of the School Code may be made by
8		the State Board of Education from its appropriations for those
9		respective purposes for any fiscal year, even though the claims
10		reimbursed by the payment may be claims attributable to a prior
11		fiscal year, and payments may be made at the direction of the
12		State Superintendent of Education from the fund from which the
13		appropriation is made without regard to any fiscal year
14		limitations, except as required by subsection (j) of this
15		Section. Beginning on June 30, 2021, payment of tuition
16		reimbursement claims under Section 14-7.03 or 18-3 of the
17		School Code as of June 30, payable from appropriations that
18		have otherwise expired, may be paid out of the expiring
19		appropriation during the 4-month period ending at the close of
20		business on October 31.
21		(b-2) All outstanding liabilities as of June 30, 2010,
22		payable from appropriations that would otherwise expire at the
23		conclusion of the lapse period for fiscal year 2010, and
24		interest penalties payable on those liabilities under the State
25		Prompt Payment Act, may be paid out of the expiring
26		appropriations until December 31, 2010, without regard to the

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1		fiscal year in which the payment is made, as long as vouchers
2		for the liabilities are received by the Comptroller no later
3		than August 31, 2010.
4		(b-2.5) All outstanding liabilities as of June 30, 2011,
5		payable from appropriations that would otherwise expire at the
6		conclusion of the lapse period for fiscal year 2011, and
7		interest penalties payable on those liabilities under the State
8		Prompt Payment Act, may be paid out of the expiring
9		appropriations until December 31, 2011, without regard to the
10		fiscal year in which the payment is made, as long as vouchers
11		for the liabilities are received by the Comptroller no later
12		than August 31, 2011.
13		(b-2.6) All outstanding liabilities as of June 30, 2012,
14		payable from appropriations that would otherwise expire at the
15		conclusion of the lapse period for fiscal year 2012, and
16		interest penalties payable on those liabilities under the State
17		Prompt Payment Act, may be paid out of the expiring
18		appropriations until December 31, 2012, without regard to the
19		fiscal year in which the payment is made, as long as vouchers
20		for the liabilities are received by the Comptroller no later
21		than August 31, 2012.
22		(b-2.6a) All outstanding liabilities as of June 30, 2017,
23		payable from appropriations that would otherwise expire at the
24		conclusion of the lapse period for fiscal year 2017, and
25		interest penalties payable on those liabilities under the State
26		Prompt Payment Act, may be paid out of the expiring

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1		appropriations until December 31, 2017, without regard to the
2		fiscal year in which the payment is made, as long as vouchers
3		for the liabilities are received by the Comptroller no later
4		than September 30, 2017.
5		(b-2.6b) All outstanding liabilities as of June 30, 2018,
6		payable from appropriations that would otherwise expire at the
7		conclusion of the lapse period for fiscal year 2018, and
8		interest penalties payable on those liabilities under the State
9		Prompt Payment Act, may be paid out of the expiring
10		appropriations until December 31, 2018, 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 October 31, 2018.
14		(b-2.7) For fiscal years 2012, 2013, and 2014, interest
15		penalties payable under the State Prompt Payment Act associated
16		with a voucher for which payment is issued after June 30 may be
17		paid out of the next fiscal year's appropriation. The future
18		year appropriation must be for the same purpose and from the
19		same fund as the original payment. An interest penalty voucher
20		submitted against a future year appropriation must be submitted
21		within 60 days after the issuance of the associated voucher,
22		and the Comptroller must issue the interest payment within 60
23		days after acceptance of the interest voucher.
24		(b-3) Medical payments may be made by the Department of
25		Veterans' Affairs from its appropriations for those purposes
26		for any fiscal year, without regard to the fact that the

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1		medical services being compensated for by such payment may have
2		been rendered in a prior fiscal year, except as required by
3		subsection (j) of this Section. Beginning on June 30, 2021,
4		medical payments payable from appropriations that have
5		otherwise expired may be paid out of the expiring appropriation
6		during the 4-month period ending at the close of business on
7		October 31.
8		(b-4) Medical payments and child care payments may be made
9		by the Department of Human Services (as successor to the
10		Department of Public Aid) from appropriations for those
11		purposes for any fiscal year, without regard to the fact that
12		the medical or child care services being compensated for by
13		such payment may have been rendered in a prior fiscal year; and
14		payments may be made at the direction of the Department of
15		Healthcare and Family Services (or successor agency) from the
16		Health Insurance Reserve Fund without regard to any fiscal year
17		limitations, except as required by subsection (j) of this
18		Section. Beginning on June 30, 2021, medical and child care
19		payments made by the Department of Human Services and payments
20		made at the discretion of the Department of Healthcare and
21		Family Services (or successor agency) from the Health Insurance
22		Reserve Fund and payable from appropriations that have
23		otherwise expired may be paid out of the expiring appropriation
24		during the 4-month period ending at the close of business on
25		October 31.
26		(b-5) Medical payments may be made by the Department of

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1		Human Services from its appropriations relating to substance
2		abuse treatment services for any fiscal year, without regard to
3		the fact that the medical services being compensated for by
4		such payment may have been rendered in a prior fiscal year,
5		provided the payments are made on a fee-for-service basis
6		consistent with requirements established for Medicaid
7		reimbursement by the Department of Healthcare and Family
8		Services, except as required by subsection (j) of this Section.
9		Beginning on June 30, 2021, medical payments made by the
10		Department of Human Services relating to substance abuse
11		treatment services payable from appropriations that have
12		otherwise expired may be paid out of the expiring appropriation
13		during the 4-month period ending at the close of business on
14		October 31.
15		(b-6) Additionally, payments may be made by the Department
16		of Human Services from its appropriations, or any other State
17		agency from its appropriations with the approval of the
18		Department of Human Services, from the Immigration Reform and
19		Control Fund for purposes authorized pursuant to the
20		Immigration Reform and Control Act of 1986, without regard to
21		any fiscal year limitations, except as required by subsection
22		(j) of this Section. Beginning on June 30, 2021, payments made
23		by the Department of Human Services from the Immigration Reform
24		and Control Fund for purposes authorized pursuant to the
25		Immigration Reform and Control Act of 1986 payable from
26		appropriations that have otherwise expired may be paid out of

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1		the expiring appropriation during the 4-month period ending at
2		the close of business on October 31.
3		(b-7) Payments may be made in accordance with a plan
4		authorized by paragraph (11) or (12) of Section 405-105 of the
5		Department of Central Management Services Law from
6		appropriations for those payments without regard to fiscal year
7		limitations.
8		(b-8) Reimbursements to eligible airport sponsors for the
9		construction or upgrading of Automated Weather Observation
10		Systems may be made by the Department of Transportation from
11		appropriations for those purposes for any fiscal year, without
12		regard to the fact that the qualification or obligation may
13		have occurred in a prior fiscal year, provided that at the time
14		the expenditure was made the project had been approved by the
15		Department of Transportation prior to June 1, 2012 and, as a
16		result of recent changes in federal funding formulas, can no
17		longer receive federal reimbursement.
18		(b-9) Medical payments not exceeding $150,000,000 may be
19		made by the Department on Aging from its appropriations
20		relating to the Community Care Program for fiscal year 2014,
21		without regard to the fact that the medical services being
22		compensated for by such payment may have been rendered in a
23		prior fiscal year, provided the payments are made on a
24		fee-for-service basis consistent with requirements established
25		for Medicaid reimbursement by the Department of Healthcare and
26		Family Services, except as required by subsection (j) of this

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1		Section.
2		(c) Further, payments may be made by the Department of
3		Public Health and the Department of Human Services (acting as
4		successor to the Department of Public Health under the
5		Department of Human Services Act) from their respective
6		appropriations for grants for medical care to or on behalf of
7		premature and high-mortality risk infants and their mothers and
8		for grants for supplemental food supplies provided under the
9		United States Department of Agriculture Women, Infants and
10		Children Nutrition Program, for any fiscal year without regard
11		to the fact that the services being compensated for by such
12		payment may have been rendered in a prior fiscal year, except
13		as required by subsection (j) of this Section. Beginning on
14		June 30, 2021, payments made by the Department of Public Health
15		and the Department of Human Services from their respective
16		appropriations for grants for medical care to or on behalf of
17		premature and high-mortality risk infants and their mothers and
18		for grants for supplemental food supplies provided under the
19		United States Department of Agriculture Women, Infants and
20		Children Nutrition Program payable from appropriations that
21		have otherwise expired may be paid out of the expiring
22		appropriations during the 4-month period ending at the close of
23		business on October 31.
24		(d) The Department of Public Health and the Department of
25		Human Services (acting as successor to the Department of Public
26		Health under the Department of Human Services Act) shall each

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1		annually submit to the State Comptroller, Senate President,
2		Senate Minority Leader, Speaker of the House, House Minority
3		Leader, and the respective Chairmen and Minority Spokesmen of
4		the Appropriations Committees of the Senate and the House, on
5		or before December 31, a report of fiscal year funds used to
6		pay for services provided in any prior fiscal year. This report
7		shall document by program or service category those
8		expenditures from the most recently completed fiscal year used
9		to pay for services provided in prior fiscal years.
10		(e) The Department of Healthcare and Family Services, the
11		Department of Human Services (acting as successor to the
12		Department of Public Aid), and the Department of Human Services
13		making fee-for-service payments relating to substance abuse
14		treatment services provided during a previous fiscal year shall
15		each annually submit to the State Comptroller, Senate
16		President, Senate Minority Leader, Speaker of the House, House
17		Minority Leader, the respective Chairmen and Minority
18		Spokesmen of the Appropriations Committees of the Senate and
19		the House, on or before November 30, a report that shall
20		document by program or service category those expenditures from
21		the most recently completed fiscal year used to pay for (i)
22		services provided in prior fiscal years and (ii) services for
23		which claims were received in prior fiscal years.
24		(f) The Department of Human Services (as successor to the
25		Department of Public Aid) shall annually submit to the State
26		Comptroller, Senate President, Senate Minority Leader, Speaker

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1		of the House, House Minority Leader, and the respective
2		Chairmen and Minority Spokesmen of the Appropriations
3		Committees of the Senate and the House, on or before December
4		31, a report of fiscal year funds used to pay for services
5		(other than medical care) provided in any prior fiscal year.
6		This report shall document by program or service category those
7		expenditures from the most recently completed fiscal year used
8		to pay for services provided in prior fiscal years.
9		(g) In addition, each annual report required to be
10		submitted by the Department of Healthcare and Family Services
11		under subsection (e) shall include the following information
12		with respect to the State's Medicaid program:
13		(1) Explanations of the exact causes of the variance
14		between the previous year's estimated and actual
15		liabilities.
16		(2) Factors affecting the Department of Healthcare and
17		Family Services' liabilities, including but not limited to
18		numbers of aid recipients, levels of medical service
19		utilization by aid recipients, and inflation in the cost of
20		medical services.
21		(3) The results of the Department's efforts to combat
22		fraud and abuse.
23		(h) As provided in Section 4 of the General Assembly
24		Compensation Act, any utility bill for service provided to a
25		General Assembly member's district office for a period
26		including portions of 2 consecutive fiscal years may be paid

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1		from funds appropriated for such expenditure in either fiscal
2		year.
3		(i) An agency which administers a fund classified by the
4		Comptroller as an internal service fund may issue rules for:
5		(1) billing user agencies in advance for payments or
6		authorized inter-fund transfers based on estimated charges
7		for goods or services;
8		(2) issuing credits, refunding through inter-fund
9		transfers, or reducing future inter-fund transfers during
10		the subsequent fiscal year for all user agency payments or
11		authorized inter-fund transfers received during the prior
12		fiscal year which were in excess of the final amounts owed
13		by the user agency for that period; and
14		(3) issuing catch-up billings to user agencies during
15		the subsequent fiscal year for amounts remaining due when
16		payments or authorized inter-fund transfers received from
17		the user agency during the prior fiscal year were less than
18		the total amount owed for that period.
19		User agencies are authorized to reimburse internal service
20		funds for catch-up billings by vouchers drawn against their
21		respective appropriations for the fiscal year in which the
22		catch-up billing was issued or by increasing an authorized
23		inter-fund transfer during the current fiscal year. For the
24		purposes of this Act, "inter-fund transfers" means transfers
25		without the use of the voucher-warrant process, as authorized
26		by Section 9.01 of the State Comptroller Act.

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1		(i-1) Beginning on July 1, 2021, all outstanding
2		liabilities, not payable during the 4-month lapse period as
3		described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
4		(c) of this Section, that are made from appropriations for that
5		purpose for any fiscal year, without regard to the fact that
6		the services being compensated for by those payments may have
7		been rendered in a prior fiscal year, are limited to only those
8		claims that have been incurred but for which a proper bill or
9		invoice as defined by the State Prompt Payment Act has not been
10		received by September 30th following the end of the fiscal year
11		in which the service was rendered.
12		(j) Notwithstanding any other provision of this Act, the
13		aggregate amount of payments to be made without regard for
14		fiscal year limitations as contained in subsections (b-1),
15		(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
16		determined by using Generally Accepted Accounting Principles,
17		shall not exceed the following amounts:
18		(1) $6,000,000,000 for outstanding liabilities related
19		to fiscal year 2012;
20		(2) $5,300,000,000 for outstanding liabilities related
21		to fiscal year 2013;
22		(3) $4,600,000,000 for outstanding liabilities related
23		to fiscal year 2014;
24		(4) $4,000,000,000 for outstanding liabilities related
25		to fiscal year 2015;
26		(5) $3,300,000,000 for outstanding liabilities related

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1		to fiscal year 2016;
2		(6) $2,600,000,000 for outstanding liabilities related
3		to fiscal year 2017;
4		(7) $2,000,000,000 for outstanding liabilities related
5		to fiscal year 2018;
6		(8) $1,300,000,000 for outstanding liabilities related
7		to fiscal year 2019;
8		(9) $600,000,000 for outstanding liabilities related
9		to fiscal year 2020; and
10		(10) $0 for outstanding liabilities related to fiscal
11		year 2021 and fiscal years thereafter.
12		(k) Department of Healthcare and Family Services Medical
13		Assistance Payments.
14		(1) Definition of Medical Assistance.
15		For purposes of this subsection, the term "Medical
16		Assistance" shall include, but not necessarily be
17		limited to, medical programs and services authorized
18		under Titles XIX and XXI of the Social Security Act,
19		the Illinois Public Aid Code, the Children's Health
20		Insurance Program Act, the Covering ALL KIDS Health
21		Insurance Act, the Long Term Acute Care Hospital
22		Quality Improvement Transfer Program Act, and medical
23		care to or on behalf of persons suffering from chronic
24		renal disease, persons suffering from hemophilia, and
25		victims of sexual assault.
26		(2) Limitations on Medical Assistance payments that

HB3342 Enrolled - 289 - LRB100 08528 SMS 18653 b
1		may be paid from future fiscal year appropriations.
2		(A) The maximum amounts of annual unpaid Medical
3		Assistance bills received and recorded by the
4		Department of Healthcare and Family Services on or
5		before June 30th of a particular fiscal year
6		attributable in aggregate to the General Revenue Fund,
7		Healthcare Provider Relief Fund, Tobacco Settlement
8		Recovery Fund, Long-Term Care Provider Fund, and the
9		Drug Rebate Fund that may be paid in total by the
10		Department from future fiscal year Medical Assistance
11		appropriations to those funds are: $700,000,000 for
12		fiscal year 2013 and $100,000,000 for fiscal year 2014
13		and each fiscal year thereafter.
14		(B) Bills for Medical Assistance services rendered
15		in a particular fiscal year, but received and recorded
16		by the Department of Healthcare and Family Services
17		after June 30th of that fiscal year, may be paid from
18		either appropriations for that fiscal year or future
19		fiscal year appropriations for Medical Assistance.
20		Such payments shall not be subject to the requirements
21		of subparagraph (A).
22		(C) Medical Assistance bills received by the
23		Department of Healthcare and Family Services in a
24		particular fiscal year, but subject to payment amount
25		adjustments in a future fiscal year may be paid from a
26		future fiscal year's appropriation for Medical

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1		Assistance. Such payments shall not be subject to the
2		requirements of subparagraph (A).
3		(D) Medical Assistance payments made by the
4		Department of Healthcare and Family Services from
5		funds other than those specifically referenced in
6		subparagraph (A) may be made from appropriations for
7		those purposes for any fiscal year without regard to
8		the fact that the Medical Assistance services being
9		compensated for by such payment may have been rendered
10		in a prior fiscal year. Such payments shall not be
11		subject to the requirements of subparagraph (A).
12		(3) Extended lapse period for Department of Healthcare
13		and Family Services Medical Assistance payments.
14		Notwithstanding any other State law to the contrary,
15		outstanding Department of Healthcare and Family Services
16		Medical Assistance liabilities, as of June 30th, payable
17		from appropriations which have otherwise expired, may be
18		paid out of the expiring appropriations during the 6-month
19		period ending at the close of business on December 31st.
20		(l) The changes to this Section made by Public Act 97-691
21		shall be effective for payment of Medical Assistance bills
22		incurred in fiscal year 2013 and future fiscal years. The
23		changes to this Section made by Public Act 97-691 shall not be
24		applied to Medical Assistance bills incurred in fiscal year
25		2012 or prior fiscal years.
26		(m) The Comptroller must issue payments against

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1		outstanding liabilities that were received prior to the lapse
2		period deadlines set forth in this Section as soon thereafter
3		as practical, but no payment may be issued after the 4 months
4		following the lapse period deadline without the signed
5		authorization of the Comptroller and the Governor.
6		(Source: P.A. 100-23, eff. 7-6-17.)
7		ARTICLE 30. FACILITY PAYMENT
8		Section 30-5. The Specialized Mental Health Rehabilitation
9		Act of 2013 is amended by adding Sections 5-104 and 5-105 as
10		follows:
11		(210 ILCS 49/5-104 new)
12		Sec. 5-104. Medicaid rates. Notwithstanding any provision
13		of law to the contrary, the Medicaid rates for Specialized
14		Mental Health Rehabilitation Facilities effective on July 1,
15		2018 must be equal to the rates in effect for Specialized
16		Mental Health Rehabilitation Facilities on June 30, 2018,
17		increased by 4%. The Department shall adopt rules, including
18		emergency rules under subsection (bb) of Section 5-45 of the
19		Illinois Administrative Procedure Act, to implement the
20		provisions of this Section.
21		(210 ILCS 49/5-105 new)
22		Sec. 5-105. Therapeutic visit rates. For a facility

HB3342 Enrolled - 292 - LRB100 08528 SMS 18653 b
1		licensed under this Act on or before June 1, 2018 or
2		provisionally licensed under this Act on or before June 1,
3		2018, a payment shall be made for therapeutic visits that have
4		been indicated by an interdisciplinary team as therapeutically
5		beneficial. Payment under this Section shall be at a rate of
6		75% of the facility's rate on the effective date of this
7		amendatory Act of the 100th General Assembly and may not exceed
8		20 days in a fiscal year and shall not exceed 10 days
9		consecutively.
10		ARTICLE 35. SECRETARY OF STATE
11		Section 35-5. The State Finance Act is amended by changing
12		Section 6z-70 as follows:
13		(30 ILCS 105/6z-70)
14		Sec. 6z-70. The Secretary of State Identification Security
15		and Theft Prevention Fund.
16		(a) The Secretary of State Identification Security and
17		Theft Prevention Fund is created as a special fund in the State
18		treasury. The Fund shall consist of any fund transfers, grants,
19		fees, or moneys from other sources received for the purpose of
20		funding identification security and theft prevention measures.
21		(b) All moneys in the Secretary of State Identification
22		Security and Theft Prevention Fund shall be used, subject to
23		appropriation, for any costs related to implementing

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1		identification security and theft prevention measures.
2		(c) (Blank). Notwithstanding any other provision of State
3		law to the contrary, on or after July 1, 2007, and until June
4		30, 2008, in addition to any other transfers that may be
5		provided for by law, at the direction of and upon notification
6		of the Secretary of State, the State Comptroller shall direct
7		and the State Treasurer shall transfer amounts into the
8		Secretary of State Identification Security and Theft
9		Prevention Fund from the designated funds not exceeding the
10		following totals:
11		Lobbyist Registration Administration Fund........$100,000
12		Registered Limited Liability Partnership Fund.....$75,000
13		Securities Investors Education Fund..............$500,000
14		Securities Audit and Enforcement Fund..........$5,725,000
15		Department of Business Services
16		Special Operations Fund........................$3,000,000
17		Corporate Franchise Tax Refund Fund...........$3,000,000.
18		(d) (Blank). Notwithstanding any other provision of State
19		law to the contrary, on or after July 1, 2008, and until June
20		30, 2009, in addition to any other transfers that may be
21		provided for by law, at the direction of and upon notification
22		of the Secretary of State, the State Comptroller shall direct
23		and the State Treasurer shall transfer amounts into the
24		Secretary of State Identification Security and Theft
25		Prevention Fund from the designated funds not exceeding the
26		following totals:

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1		Lobbyist Registration Administration Fund........$100,000
2		Registered Limited Liability Partnership Fund.....$75,000
3		Securities Investors Education Fund..............$500,000
4		Securities Audit and Enforcement Fund..........$5,725,000
5		Department of Business Services
6		Special Operations Fund...................$3,000,000
7		Corporate Franchise Tax Refund Fund............$3,000,000
8		State Parking Facility Maintenance Fund..........$100,000
9		(e) (Blank). Notwithstanding any other provision of State
10		law to the contrary, on or after July 1, 2009, and until June
11		30, 2010, in addition to any other transfers that may be
12		provided for by law, at the direction of and upon notification
13		of the Secretary of State, the State Comptroller shall direct
14		and the State Treasurer shall transfer amounts into the
15		Secretary of State Identification Security and Theft
16		Prevention Fund from the designated funds not exceeding the
17		following totals:
18		Lobbyist Registration Administration Fund........$100,000
19		Registered Limited Liability Partnership Fund....$175,000
20		Securities Investors Education Fund..............$750,000
21		Securities Audit and Enforcement Fund............$750,000
22		Department of Business Services
23		Special Operations Fund....................$3,000,000
24		Corporate Franchise Tax Refund Fund............$3,000,000
25		State Parking Facility Maintenance Fund..........$100,000
26		(f) (Blank). Notwithstanding any other provision of State

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1		law to the contrary, on or after July 1, 2010, and until June
2		30, 2011, in addition to any other transfers that may be
3		provided for by law, at the direction of and upon notification
4		of the Secretary of State, the State Comptroller shall direct
5		and the State Treasurer shall transfer amounts into the
6		Secretary of State Identification Security and Theft
7		Prevention Fund from the designated funds not exceeding the
8		following totals:
9		Registered Limited Liability Partnership Fund....$287,000
10		Securities Investors Education Board.............$750,000
11		Securities Audit and Enforcement Fund............$750,000
12		Department of Business Services Special
13		Operations Fund............................$3,000,000
14		Corporate Franchise Tax Refund Fund............$3,000,000
15		(g) (Blank). Notwithstanding any other provision of State
16		law to the contrary, on or after July 1, 2011, and until June
17		30, 2012, in addition to any other transfers that may be
18		provided for by law, at the direction of and upon notification
19		of the Secretary of State, the State Comptroller shall direct
20		and the State Treasurer shall transfer amounts into the
21		Secretary of State Identification Security and Theft
22		Prevention Fund from the designated funds not exceeding the
23		following totals:
24		Division of Corporations Registered
25		Limited Liability Partnership Fund...........$287,000
26		Securities Investors Education Fund..............$750,000

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1		Securities Audit and Enforcement Fund..........$3,500,000
2		Department of Business Services
3		Special Operations Fund....................$3,000,000
4		Corporate Franchise Tax Refund Fund............$3,000,000
5		(h) (Blank). Notwithstanding any other provision of State
6		law to the contrary, on or after the effective date of this
7		amendatory Act of the 98th General Assembly, and until June 30,
8		2014, in addition to any other transfers that may be provided
9		for by law, at the direction of and upon notification from the
10		Secretary of State, the State Comptroller shall direct and the
11		State Treasurer shall transfer amounts into the Secretary of
12		State Identification Security and Theft Prevention Fund from
13		the designated funds not exceeding the following totals:
14		Division of Corporations Registered Limited
15		Liability Partnership Fund...................$287,000
16		Securities Investors Education Fund............$1,500,000
17		Department of Business Services Special
18		Operations Fund............................$3,000,000
19		Securities Audit and Enforcement Fund..........$3,500,000
20		Corporate Franchise Tax Refund Fund............$3,000,000
21		(i) (Blank). Notwithstanding any other provision of State
22		law to the contrary, on or after the effective date of this
23		amendatory Act of the 98th General Assembly, and until June 30,
24		2015, in addition to any other transfers that may be provided
25		for by law, at the direction of and upon notification of the
26		Secretary of State, the State Comptroller shall direct and the

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1		State Treasurer shall transfer amounts into the Secretary of
2		State Identification Security and Theft Prevention Fund from
3		the designated funds not exceeding the following totals:
4		Division of Corporations Registered Limited
5		Liability Partnership Fund...................$287,000
6		Securities Investors Education Fund............$1,500,000
7		Department of Business Services
8		Special Operations Fund....................$3,000,000
9		Securities Audit and Enforcement Fund..........$3,500,000
10		Corporate Franchise Tax Refund Fund............$3,000,000
11		(j) Notwithstanding any other provision of State law to the
12		contrary, on or after July 1, 2017, and until June 30, 2018, in
13		addition to any other transfers that may be provided for by
14		law, at the direction of and upon notification of the Secretary
15		of State, the State Comptroller shall direct and the State
16		Treasurer shall transfer amounts into the Secretary of State
17		Identification Security and Theft Prevention Fund from the
18		designated funds not exceeding the following totals:
19		Registered Limited Liability Partnership Fund....$287,000
20		Securities Investors Education Fund............$1,500,000
21		Department of Business Services Special
22		Operations Fund............................$3,000,000
23		Securities Audit and Enforcement Fund..........$3,500,000
24		Corporate Franchise Tax Refund Fund...........$3,000,000
25		(k) Notwithstanding any other provision of State law to the
26		contrary, on or after July 1, 2018, and until June 30, 2019, in

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1		addition to any other transfers that may be provided for by
2		law, at the direction of and upon notification of the Secretary
3		of State, the State Comptroller shall direct and the State
4		Treasurer shall transfer amounts into the Secretary of State
5		Identification Security and Theft Prevention Fund from the
6		designated funds not exceeding the following totals:
7		Registered Limited Liability Partnership Fund....$287,000
8		Securities Investors Education Fund............$1,500,000
9		Department of Business Services Special Operations Fund
10		.. $3,000,000
11		Securities Audit and Enforcement Fund..........$3,500,000
12		(Source: P.A. 100-23, eff. 7-6-17.)
13		ARTICLE 45. HIGHER EDUCATION
14		Section 45-1. Legislative intent. It is the intent of this
15		Article to increase enrollment at public 4-year universities in
16		this State by providing those universities with the option for
17		additional funding through a new, merit-based and means-tested
18		matching scholarship for Illinois students. It is also the
19		intent of this Article that any public university participating
20		in this program should, in its best efforts, attempt to
21		delegate scholarship funds among a racially diverse range of
22		students and not use a student's race, color, religion, sex
23		(including gender identity, sexual orientation, or pregnancy),
24		national origin, age, disability, or genetic information to

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1		disqualify him or her from receiving funds under the program.
2		Section 45-5. The Higher Education Student Assistance Act
3		is amended by changing Section 10 and adding Section 65.100 as
4		follows:
5		(110 ILCS 947/10)
6		Sec. 10. Definitions. In this Act, and except to the extent
7		that any of the following words or phrases is specifically
8		qualified by its context:
9		"Commission" means the Illinois Student Assistance
10		Commission created by this Act.
11		"Enrollment" means the establishment and maintenance of an
12		individual's status as a student in an institution of higher
13		learning, regardless of the terms used at the institution to
14		describe that status.
15		"Approved high school" means any public high school located
16		in this State; and any high school, located in this State or
17		elsewhere (whether designated as a high school, secondary
18		school, academy, preparatory school, or otherwise) which in the
19		judgment of the State Superintendent of Education provides a
20		course of instruction at the secondary level and maintains
21		standards of instruction substantially equivalent to those of
22		the public high schools located in this State.
23		"Institution of higher learning", "qualified institution",
24		or "institution" means an educational organization located in

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1		this State which
2		(1) provides at least an organized 2 year program of
3		collegiate grade in the liberal arts or sciences, or both,
4		directly applicable toward the attainment of a
5		baccalaureate degree or a program in health education
6		directly applicable toward the attainment of a
7		certificate, diploma, or an associate degree;
8		(2) either is
9		(A) operated by this State, or
10		(B) operated publicly or privately, not for
11		profit, or
12		(C) operated for profit, provided such for profit
13		organization
14		(i) offers degree programs which have been
15		approved by the Board of Higher Education for a
16		minimum of 3 years under the Academic Degree Act,
17		and
18		(ii) enrolls a majority of its students in such
19		degree programs, and
20		(iii) maintains an accredited status with the
21		Commission on Institutions of Higher Education of
22		the North Central Association of Colleges and
23		Schools;
24		(3) in the judgment of the Commission meets standards
25		substantially equivalent to those of comparable
26		institutions operated by this State; and

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1		(4) if so required by the Commission, uses the State as
2		its primary guarantor of student loans made under the
3		federal Higher Education Act of 1965.
4		For otherwise eligible educational organizations which provide
5		academic programs for incarcerated students, the terms
6		"institution of higher learning", "qualified institutions",
7		and "institution" shall specifically exclude academic programs
8		for incarcerated students.
9		"Academic Year" means a 12 month period of time, normally
10		but not exclusively, from September 1 of any year through
11		August 31 of the ensuing year.
12		"Full-time student" means any undergraduate student
13		enrolled in 12 or more semester or quarter hours of credit
14		courses in any given semester or quarter or in the equivalent
15		number of units of registration as determined by the
16		Commission.
17		"Part-time student" means any undergraduate student, other
18		than a full-time student, enrolled in 6 or more semester or
19		quarter hours of credit courses in any given semester or
20		quarter or in the equivalent number of units of registration as
21		determined by the Commission. Beginning with fiscal year 1999,
22		the Commission may, on a program by program basis, expand this
23		definition of "part-time student" to include students who
24		enroll in less than 6 semester or quarter hours of credit
25		courses in any given semester or quarter.
26		"Public university" means any public 4-year university in

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1		this State.
2		"Public university campus" means any campus under the
3		governance or supervision of a public university.
4		(Source: P.A. 90-122, eff. 7-17-97; 91-250, eff. 7-22-99.)
5		(110 ILCS 947/65.100 new)
6		Sec. 65.100. AIM HIGH Grant Pilot Program.
7		(a) The General Assembly makes all of the following
8		findings:
9		(1) Both access and affordability are important
10		aspects of the Illinois Public Agenda for College and
11		Career Success report.
12		(2) This State is in the top quartile with respect to
13		the percentage of family income needed to pay for college.
14		(3) Research suggests that as loan amounts increase,
15		rather than an increase in grant amounts, the probability
16		of college attendance decreases.
17		(4) There is further research indicating that
18		socioeconomic status may affect the willingness of
19		students to use loans to attend college.
20		(5) Strategic use of tuition discounting can decrease
21		the amount of loans that students must use to pay for
22		tuition.
23		(6) A modest, individually tailored tuition discount
24		can make the difference in a student choosing to attend
25		college and enhance college access for low-income and

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1		middle-income families.
2		(7) Even if the federally calculated financial need for
3		college attendance is met, the federally determined
4		Expected Family Contribution can still be a daunting
5		amount.
6		(8) This State is the second largest exporter of
7		students in the country.
8		(9) When talented Illinois students attend
9		universities in this State, the State and those
10		universities benefit.
11		(10) State universities in other states have adopted
12		pricing and incentives that allow many Illinois residents
13		to pay less to attend an out-of-state university than to
14		remain in this State for college.
15		(11) Supporting Illinois student attendance at
16		Illinois public universities can assist in State efforts to
17		maintain and educate a highly trained workforce.
18		(12) Modest tuition discounts that are individually
19		targeted and tailored can result in enhanced revenue for
20		public universities.
21		(13) By increasing a public university's capacity to
22		strategically use tuition discounting, the public
23		university will be capable of creating enhanced tuition
24		revenue by increasing enrollment yields.
25		(b) In this Section:
26		"Eligible applicant" means a student from any high school

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1		in this State, whether or not recognized by the State Board of
2		Education, who is engaged in a program of study that will be
3		completed by the end of the school year and who meets all of
4		the qualifications and requirements under this Section.
5		"Tuition and other necessary fees" includes the customary
6		charge for instruction and use of facilities in general and the
7		additional fixed fees charged for specified purposes that are
8		required generally of non-grant recipients for each academic
9		period for which the grant applicant actually enrolls, but does
10		not include fees payable only once or breakage fees and other
11		contingent deposits that are refundable in whole or in part.
12		The Commission may adopt, by rule not inconsistent with this
13		Section, detailed provisions concerning the computation of
14		tuition and other necessary fees.
15		(c) Beginning with the 2019-2020 academic year, each public
16		university may establish a merit-based scholarship pilot
17		program known as the AIM HIGH Grant Pilot Program. Each year,
18		the Commission shall receive and consider applications from
19		public universities under this Section. Subject to
20		appropriation and any tuition waiver limitation established by
21		the Board of Higher Education, a public university campus may
22		award a grant to a student under this Section if it finds that
23		the applicant meets all of the following criteria:
24		(1) He or she is a resident of this State and a citizen
25		or eligible noncitizen of the United States.
26		(2) He or she files a Free Application for Federal

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1		Student Aid and demonstrates financial need with a
2		household income no greater than 6 times the poverty
3		guidelines updated periodically in the Federal Register by
4		the U.S. Department of Health and Human Services under the
5		authority of 42 U.S.C. 9902(2).
6		(3) He or she meets the minimum cumulative grade point
7		average or ACT or SAT college admissions test score, as
8		determined by the public university campus.
9		(4) He or she is enrolled in a public university as an
10		undergraduate student on a full-time basis.
11		(5) He or she has not yet received a baccalaureate
12		degree or the equivalent of 135 semester credit hours.
13		(6) He or she is not incarcerated.
14		(7) He or she is not in default on any student loan or
15		does not owe a refund or repayment on any State or federal
16		grant or scholarship.
17		(8) Any other reasonable criteria, as determined by the
18		public university campus.
19		(d) Each public university campus shall determine grant
20		renewal criteria consistent with the requirements under this
21		Section.
22		(e) Each participating public university campus shall post
23		on its Internet website criteria and eligibility requirements
24		for receiving awards that use funds under this Section that
25		include a range in the sizes of these individual awards. The
26		criteria and amounts must also be reported to the Commission

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1		and the Board of Higher Education, who shall post the
2		information on their respective Internet websites.
3		(f) After enactment of an appropriation for this Program,
4		the Commission shall determine an allocation of funds to each
5		public university in an amount proportionate to the number of
6		undergraduate students who are residents of this State and
7		citizens or eligible noncitizens of the United States and who
8		were enrolled at each public university campus in the previous
9		academic year. All applications must be made to the Commission
10		on or before a date determined by the Commission and on forms
11		that the Commission shall provide to each public university
12		campus. The form of the application and the information
13		required shall be determined by the Commission and shall
14		include, without limitation, the total public university
15		campus funds used to match funds received from the Commission
16		in the previous academic year under this Section, if any, the
17		total enrollment of undergraduate students who are residents of
18		this State from the previous academic year, and any supporting
19		documents as the Commission deems necessary. Each public
20		university campus shall match the amount of funds received by
21		the Commission with 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 those
2		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 not
7		be less than the amount awarded to the eligible student in his
8		or her first year attending the public university campus.
9		Notwithstanding this limitation, a renewal grant may be reduced
10		due to changes in the student's cost of attendance, including,
11		but not limited to, if a student reduces the number of credit
12		hours in which he or she is enrolled, but remains a full-time
13		student, or switches to a course of study with a lower tuition
14		rate.
15		An eligible applicant awarded grant assistance under this
16		Section is eligible to receive other financial aid. Total grant
17		aid to the student from all sources may not exceed the total
18		cost of attendance at the public university campus.
19		(g) All money allocated to a public university campus under
20		this Section may be used only for financial aid purposes for
21		students attending the public university campus during the
22		academic year, not including summer terms. Any funds received
23		by a public university campus under this Section that are not
24		granted to students in the academic year for which the funds
25		are received must be refunded to the Commission before any new
26		funds are received by the public university campus for the next

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1		academic year.
2		(h) Each public university campus that establishes a
3		Program under this Section must annually report to the
4		Commission, on or before a date determined by the Commission,
5		the number of undergraduate students enrolled at that campus
6		who are residents of this State.
7		(i) Each public university campus must report to the
8		Commission the total non-loan financial aid amount given by the
9		public university campus to undergraduate students in fiscal
10		year 2018. To be eligible to receive funds under the Program, a
11		public university campus may not decrease the total amount of
12		non-loan financial aid for undergraduate students to an amount
13		lower than the total non-loan financial aid amount given by the
14		public university campus to undergraduate students in fiscal
15		year 2018, not including any funds received from the Commission
16		under this Section or any funds used to match grant awards
17		under this Section.
18		(j) On or before a date determined by the Commission, each
19		public university campus that participates in the Program under
20		this Section shall annually submit a report to the Commission
21		with all of the following information:
22		(1) The Program's impact on tuition revenue and
23		enrollment goals and increase in access and affordability
24		at the public university campus.
25		(2) Total funds received by the public university
26		campus under the Program.

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1		(3) Total non-loan financial aid awarded to
2		undergraduate students attending the public university
3		campus.
4		(4) Total amount of funds matched by the public
5		university campus.
6		(5) Total amount of funds refunded to the Commission by
7		the public university campus.
8		(6) The percentage of total financial aid distributed
9		under the Program by the public university campus.
10		(7) The total number of students receiving grants from
11		the public university campus under the Program and those
12		students' grade level, race, gender, income level, family
13		size, Monetary Award Program eligibility, Pell Grant
14		eligibility, and zip code of residence and the amount of
15		each grant award. This information shall include unit
16		record data on those students regarding variables
17		associated with the parameters of the public university's
18		Program, including, but not limited to, a student's ACT or
19		SAT college admissions test score, high school or
20		university cumulative grade point average, or program of
21		study.
22		On or before October 1, 2020 and annually on or before
23		October 1 thereafter, the Commission shall submit a report with
24		the findings under this subsection (j) and any other
25		information regarding the AIM HIGH Grant Pilot Program to (i)
26		the Governor, (ii) the Speaker of the House of Representatives,

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1		(iii) the Minority Leader of the House of Representatives, (iv)
2		the President of the Senate, and (v) the Minority Leader of the
3		Senate. The reports to the General Assembly shall be filed with
4		the Clerk of the House of Representatives and the Secretary of
5		the Senate in electronic form only, in the manner that the
6		Clerk and the Secretary shall direct. The Commission's report
7		may not disaggregate data to a level that may disclose
8		personally identifying information of individual students.
9		The sharing and reporting of student data under this
10		subsection (j) must be in accordance with the requirements
11		under the federal Family Educational Rights and Privacy Act of
12		1974 and the Illinois School Student Records Act. All parties
13		must preserve the confidentiality of the information as
14		required by law. The names of the grant recipients under this
15		Section are not subject to disclosure under the Freedom of
16		Information Act.
17		Public university campuses that fail to submit a report
18		under this subsection (j) or that fail to adhere to any other
19		requirements under this Section may not be eligible for
20		distribution of funds under the Program for the next academic
21		year, but may be eligible for distribution of funds for each
22		academic year thereafter.
23		(k) The Commission shall adopt rules to implement this
24		Section.
25		(l) This Section is repealed on October 1, 2024.

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1		ARTICLE 50. ADDITIONAL AMENDATORY PROVISIONS
2		Section 50-5. The Illinois Promotion Act is amended by
3		changing Section 4a as follows:
4		(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
5		Sec. 4a. Funds.
6		(1) All moneys deposited in the Tourism Promotion Fund
7		pursuant to this subsection are allocated to the Department for
8		utilization, as appropriated, in the performance of its powers
9		under Section 4; except that during fiscal year 2013, the
10		Department shall reserve $9,800,000 of the total funds
11		available for appropriation in the Tourism Promotion Fund for
12		appropriation to the Historic Preservation Agency for the
13		operation of the Abraham Lincoln Presidential Library and
14		Museum and State historic sites; and except that beginning in
15		fiscal year 2019, moneys in the Tourism Promotion Fund may also
16		be allocated to the Illinois Department of Agriculture, the
17		Illinois Department of Natural Resources, and the Abraham
18		Lincoln Presidential Library and Museum for utilization, as
19		appropriated, to administer their responsibilities as State
20		agencies promoting tourism in Illinois, and for
21		tourism-related purposes.
22		As soon as possible after the first day of each month,
23		beginning July 1, 1997 and ending on the effective date of this
24		amendatory Act of the 100th General Assembly, upon

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1		certification of the Department of Revenue, the Comptroller
2		shall order transferred and the Treasurer shall transfer from
3		the General Revenue Fund to the Tourism Promotion Fund an
4		amount equal to 13% of the net revenue realized from the Hotel
5		Operators' Occupation Tax Act plus an amount equal to 13% 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. "Net revenue realized for a month" means the
9		revenue collected by the State under that Act during the
10		previous month less the amount paid out during that same month
11		as refunds to taxpayers for overpayment of liability under that
12		Act.
13		(1.1) (Blank).
14		(2) As soon as possible after the first day of each month,
15		beginning July 1, 1997 and ending on the effective date of this
16		amendatory Act of the 100th General Assembly, upon
17		certification of the Department of Revenue, the Comptroller
18		shall order transferred and the Treasurer shall transfer from
19		the General Revenue Fund to the Tourism Promotion Fund an
20		amount equal to 8% of the net revenue realized from the Hotel
21		Operators' Occupation Tax plus an amount equal to 8% of the net
22		revenue realized from any tax imposed under Section 4.05 of the
23		Chicago World's Fair-1992 Authority Act during the preceding
24		month. "Net revenue realized for a month" means the revenue
25		collected by the State under that Act during the previous month
26		less the amount paid out during that same month as refunds to

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1		taxpayers for overpayment of liability under that Act.
2		All monies deposited in the Tourism Promotion Fund under
3		this subsection (2) shall be used solely as provided in this
4		subsection to advertise and promote tourism throughout
5		Illinois. Appropriations of monies deposited in the Tourism
6		Promotion Fund pursuant to this subsection (2) shall be used
7		solely for advertising to promote tourism, including but not
8		limited to advertising production and direct advertisement
9		costs, but shall not be used to employ any additional staff,
10		finance any individual event, or lease, rent or purchase any
11		physical facilities. The Department shall coordinate its
12		advertising under this subsection (2) with other public and
13		private entities in the State engaged in similar promotion
14		activities. Print or electronic media production made pursuant
15		to this subsection (2) for advertising promotion shall not
16		contain or include the physical appearance of or reference to
17		the name or position of any public officer. "Public officer"
18		means a person who is elected to office pursuant to statute, or
19		who is appointed to an office which is established, and the
20		qualifications and duties of which are prescribed, by statute,
21		to discharge a public duty for the State or any of its
22		political subdivisions.
23		(3) Notwithstanding anything in this Section to the
24		contrary, amounts transferred from the General Revenue Fund to
25		the Tourism Promotion Fund pursuant to this Section shall not
26		exceed $26,300,000 in State fiscal year 2012.

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1		(4) As soon as possible after the first day of each month,
2		beginning July 1, 2017 and ending June 30, 2018, if the amount
3		of revenue deposited into the Tourism Promotion Fund under
4		subsection (c) of Section 6 of the Hotel Operators' Occupation
5		Tax Act is less than 21% of the net revenue realized from the
6		Hotel Operators' Occupation Tax during the preceding month,
7		then, upon certification of the Department of Revenue, the
8		State Comptroller shall direct and the State Treasurer shall
9		transfer from the General Revenue Fund to the Tourism Promotion
10		Fund an amount equal to the difference between 21% of the net
11		revenue realized from the Hotel Operators' Occupation Tax
12		during the preceding month and the amount of revenue deposited
13		into the Tourism Promotion Fund under subsection (c) of Section
14		6 of the Hotel Operators' Occupation Tax Act.
15		(5) As soon as possible after the first day of each month,
16		beginning July 1, 2018, if the amount of revenue deposited into
17		the Tourism Promotion Fund under Section 6 of the Hotel
18		Operators' Occupation Tax Act is less than 21% of the net
19		revenue realized from the Hotel Operators' Occupation Tax
20		during the preceding month, then, upon certification of the
21		Department of Revenue, the State Comptroller shall direct and
22		the State Treasurer shall transfer from the General Revenue
23		Fund to the Tourism Promotion Fund an amount equal to the
24		difference between 21% of the net revenue realized from the
25		Hotel Operators' Occupation Tax during the preceding month and
26		the amount of revenue deposited into the Tourism Promotion Fund

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1		under Section 6 of the Hotel Operators' Occupation Tax Act.
2		(Source: P.A. 100-23, eff. 7-6-17.)
3		Section 50-10. The Mental Health and Developmental
4		Disabilities Administrative Act is amended by changing Section
5		18.5 as follows:
6		(20 ILCS 1705/18.5)
7		Sec. 18.5. Community Developmental Disability Services
8		Medicaid Trust Fund; reimbursement.
9		(a) The Community Developmental Disability Services
10		Medicaid Trust Fund is hereby created in the State treasury.
11		(b) Beginning in State fiscal year 2019, Except as provided
12		in subsection (b-5), any funds in any fiscal year in amounts
13		not exceeding a total of $60,000,000 paid to the State by the
14		federal government under Title XIX or Title XXI of the Social
15		Security Act for services delivered by community developmental
16		disability services providers for services relating to
17		Developmental Training and Community Integrated Living
18		Arrangements as a result of the conversion of such providers
19		from a grant payment methodology to a fee-for-service payment
20		methodology, or any other funds paid to the State for any
21		subsequent revenue maximization initiatives performed by such
22		providers, and any interest earned thereon, shall be deposited
23		directly into the Community Developmental Disability Services
24		Medicaid Trust Fund to pay for Medicaid-reimbursed community

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1		developmental disability services provided to eligible
2		individuals.
3		(b-5) (Blank). Beginning in State fiscal year 2008, any
4		funds paid to the State by the federal government under Title
5		XIX or Title XXI of the Social Security Act for services
6		delivered through the Children's Residential Waiver and the
7		Children's In-Home Support Waiver shall be deposited directly
8		into the Trust Fund and shall not be subject to the transfer
9		provisions of subsection (b).
10		(b-7) The Community Developmental Disability Services
11		Medicaid Trust Fund is not subject to administrative
12		charge-backs.
13		(b-9) (Blank). The Department of Human Services shall
14		annually report to the Governor and the General Assembly, by
15		September 1, on both the total revenue deposited into the Trust
16		Fund and the total expenditures made from the Trust Fund for
17		the previous fiscal year. This report shall include detailed
18		descriptions of both revenues and expenditures regarding the
19		Trust Fund from the previous fiscal year. This report shall be
20		presented by the Secretary of Human Services to the appropriate
21		Appropriations Committee in the House of Representatives, as
22		determined by the Speaker of the House, and in the Senate, as
23		determined by the President of the Senate. This report shall be
24		made available to the public and shall be published on the
25		Department of Human Services' website in an appropriate
26		location, a minimum of one week prior to presentation of the

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1		report to the General Assembly.
2		(b-10) Whenever a State developmental disabilities
3		facility operated by the Department is closed and the real
4		estate on which the facility is located is sold by the State,
5		the net proceeds of the sale of the real estate shall be
6		deposited into the Community Developmental Disability Services
7		Medicaid Trust Fund and used for the purposes enumerated in
8		subsections (c) and (d) of Section 4.6 of the Community
9		Services Act; however, under subsection (e) of Section 4.6 of
10		the Community Services Act, the Department may set aside a
11		portion of the net proceeds of the sale of the real estate for
12		deposit into the Human Services Priority Capital Program Fund.
13		The portion set aside shall be used for the purposes enumerated
14		in Section 6z-71 of the State Finance Act.
15		(c) For purposes of this Section:
16		"Trust Fund" means the Community Developmental Disability
17		Services Medicaid Trust Fund.
18		"Medicaid-reimbursed developmental disability services"
19		means services provided by a community developmental
20		disability provider under an agreement with the Department that
21		is eligible for reimbursement under the federal Title XIX
22		program or Title XXI program.
23		"Provider" means a qualified entity as defined in the
24		State's Home and Community-Based Services Waiver for Persons
25		with Developmental Disabilities that is funded by the
26		Department to provide a Medicaid-reimbursed service.

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1		"Revenue maximization alternatives" do not include
2		increases in funds paid to the State as a result of growth in
3		spending through service expansion or rate increases.
4		(Source: P.A. 98-815, eff. 8-1-14.)
5		Section 50-15. The Rehabilitation of Persons with
6		Disabilities Act is amended by changing Section 5b as follows:
7		(20 ILCS 2405/5b)
8		Sec. 5b. Home Services Medicaid Trust Fund.
9		(a) The Home Services Medicaid Trust Fund is hereby created
10		as a special fund in the State treasury.
11		(b) Amounts paid to the State during each State fiscal year
12		by the federal government under Title XIX or Title XXI of the
13		Social Security Act for services delivered in relation to the
14		Department's Home Services Program established pursuant to
15		Section 3 of this Act, beginning in State fiscal year 2019 in
16		amounts not exceeding a total of $234,000,000 in any State
17		fiscal year, and any interest earned thereon, shall be
18		deposited into the Fund.
19		(c) Moneys in the Fund may be used by the Department for
20		the purchase of services, and operational and administrative
21		expenses, in relation to the Home Services Program.
22		(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
23		Section 50-20. The Illinois Emergency Management Agency

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1		Act is amended by changing Sections 4 and 5 as follows:
2		(20 ILCS 3305/4) (from Ch. 127, par. 1054)
3		Sec. 4. Definitions. As used in this Act, unless the
4		context clearly indicates otherwise, the following words and
5		terms have the meanings ascribed to them in this Section:
6		"Coordinator" means the staff assistant to the principal
7		executive officer of a political subdivision with the duty of
8		coordinating the emergency management programs of that
9		political subdivision.
10		"Disaster" means an occurrence or threat of widespread or
11		severe damage, injury or loss of life or property resulting
12		from any natural or technological cause, including but not
13		limited to fire, flood, earthquake, wind, storm, hazardous
14		materials spill or other water contamination requiring
15		emergency action to avert danger or damage, epidemic, air
16		contamination, blight, extended periods of severe and
17		inclement weather, drought, infestation, critical shortages of
18		essential fuels and energy, explosion, riot, hostile military
19		or paramilitary action, public health emergencies, or acts of
20		domestic terrorism.
21		"Emergency Management" means the efforts of the State and
22		the political subdivisions to develop, plan, analyze, conduct,
23		provide, implement and maintain programs for disaster
24		mitigation, preparedness, response and recovery.
25		"Emergency Services and Disaster Agency" means the agency

HB3342 Enrolled - 320 - LRB100 08528 SMS 18653 b
1		by this name, by the name Emergency Management Agency, or by
2		any other name that is established by ordinance within a
3		political subdivision to coordinate the emergency management
4		program within that political subdivision and with private
5		organizations, other political subdivisions, the State and
6		federal governments.
7		"Emergency Operations Plan" means the written plan of the
8		State and political subdivisions describing the organization,
9		mission, and functions of the government and supporting
10		services for responding to and recovering from disasters and
11		shall include plans that take into account the needs of those
12		individuals with household pets and service animals following a
13		major disaster or emergency.
14		"Emergency Services" means the coordination of functions
15		by the State and its political subdivision, other than
16		functions for which military forces are primarily responsible,
17		as may be necessary or proper to prevent, minimize, repair, and
18		alleviate injury and damage resulting from any natural or
19		technological causes. These functions include, without
20		limitation, fire fighting services, police services, emergency
21		aviation services, medical and health services, HazMat and
22		technical rescue teams, rescue, engineering, warning services,
23		communications, radiological, chemical and other special
24		weapons defense, evacuation of persons from stricken or
25		threatened areas, emergency assigned functions of plant
26		protection, temporary restoration of public utility services

HB3342 Enrolled - 321 - LRB100 08528 SMS 18653 b
1		and other functions related to civilian protection, together
2		with all other activities necessary or incidental to protecting
3		life or property.
4		"Exercise" means a planned event realistically simulating
5		a disaster, conducted for the purpose of evaluating the
6		political subdivision's coordinated emergency management
7		capabilities, including, but not limited to, testing the
8		emergency operations plan.
9		"HazMat team" means a career or volunteer mobile support
10		team that has been authorized by a unit of local government to
11		respond to hazardous materials emergencies and that is
12		primarily designed for emergency response to chemical or
13		biological terrorism, radiological emergencies, hazardous
14		material spills, releases, or fires, or other contamination
15		events.
16		"Illinois Emergency Management Agency" means the agency
17		established by this Act within the executive branch of State
18		Government responsible for coordination of the overall
19		emergency management program of the State and with private
20		organizations, political subdivisions, and the federal
21		government. Illinois Emergency Management Agency also means
22		the State Emergency Response Commission responsible for the
23		implementation of Title III of the Superfund Amendments and
24		Reauthorization Act of 1986.
25		"Mobile Support Team" means a group of individuals
26		designated as a team by the Governor or Director to train prior

HB3342 Enrolled - 322 - LRB100 08528 SMS 18653 b
1		to and to be dispatched, if the Governor or the Director so
2		determines, to aid and reinforce the State and political
3		subdivision emergency management efforts in response to a
4		disaster.
5		"Municipality" means any city, village, and incorporated
6		town.
7		"Political Subdivision" means any county, city, village,
8		or incorporated town or township if the township is in a county
9		having a population of more than 2,000,000.
10		"Principal Executive Officer" means chair of the county
11		board, supervisor of a township if the township is in a county
12		having a population of more than 2,000,000, mayor of a city or
13		incorporated town, president of a village, or in their absence
14		or disability, the interim successor as established under
15		Section 7 of the Emergency Interim Executive Succession Act.
16		"Public health emergency" means an occurrence or imminent
17		threat of an illness or health condition that:
18		(a) is believed to be caused by any of the following:
19		(i) bioterrorism;
20		(ii) the appearance of a novel or previously
21		controlled or eradicated infectious agent or
22		biological toxin;
23		(iii) a natural disaster;
24		(iv) a chemical attack or accidental release; or
25		(v) a nuclear attack or accident; and
26		(b) poses a high probability of any of the following

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1		harms:
2		(i) a large number of deaths in the affected
3		population;
4		(ii) a large number of serious or long-term
5		disabilities in the affected population; or
6		(iii) widespread exposure to an infectious or
7		toxic agent that poses a significant risk of
8		substantial future harm to a large number of people in
9		the affected population.
10		"Statewide mutual aid organization" means an entity with
11		local government members throughout the State that facilitates
12		temporary assistance through its members in a particular public
13		safety discipline, such as police, fire or emergency
14		management, when an occurrence exceeds a member jurisdiction's
15		capabilities.
16		"Technical rescue team" means a career or volunteer mobile
17		support team that has been authorized by a unit of local
18		government to respond to building collapse, high angle rescue,
19		and other specialized rescue emergencies and that is primarily
20		designated for emergency response to technical rescue events.
21		(Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06;
22		94-1081, eff. 6-1-07.)
23		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
24		Sec. 5. Illinois Emergency Management Agency.
25		(a) There is created within the executive branch of the

HB3342 Enrolled - 324 - LRB100 08528 SMS 18653 b
1		State Government an Illinois Emergency Management Agency and a
2		Director of the Illinois Emergency Management Agency, herein
3		called the "Director" who shall be the head thereof. The
4		Director shall be appointed by the Governor, with the advice
5		and consent of the Senate, and shall serve for a term of 2
6		years beginning on the third Monday in January of the
7		odd-numbered year, and until a successor is appointed and has
8		qualified; except that the term of the first Director appointed
9		under this Act shall expire on the third Monday in January,
10		1989. The Director shall not hold any other remunerative public
11		office. The Director shall receive an annual salary as set by
12		the Compensation Review Board.
13		(b) The Illinois Emergency Management Agency shall obtain,
14		under the provisions of the Personnel Code, technical,
15		clerical, stenographic and other administrative personnel, and
16		may make expenditures within the appropriation therefor as may
17		be necessary to carry out the purpose of this Act. The agency
18		created by this Act is intended to be a successor to the agency
19		created under the Illinois Emergency Services and Disaster
20		Agency Act of 1975 and the personnel, equipment, records, and
21		appropriations of that agency are transferred to the successor
22		agency as of the effective date of this Act.
23		(c) The Director, subject to the direction and control of
24		the Governor, shall be the executive head of the Illinois
25		Emergency Management Agency and the State Emergency Response
26		Commission and shall be responsible under the direction of the

HB3342 Enrolled - 325 - LRB100 08528 SMS 18653 b
1		Governor, for carrying out the program for emergency management
2		of this State. The Director shall also maintain liaison and
3		cooperate with the emergency management organizations of this
4		State and other states and of the federal government.
5		(d) The Illinois Emergency Management Agency shall take an
6		integral part in the development and revision of political
7		subdivision emergency operations plans prepared under
8		paragraph (f) of Section 10. To this end it shall employ or
9		otherwise secure the services of professional and technical
10		personnel capable of providing expert assistance to the
11		emergency services and disaster agencies. These personnel
12		shall consult with emergency services and disaster agencies on
13		a regular basis and shall make field examinations of the areas,
14		circumstances, and conditions that particular political
15		subdivision emergency operations plans are intended to apply.
16		(e) The Illinois Emergency Management Agency and political
17		subdivisions shall be encouraged to form an emergency
18		management advisory committee composed of private and public
19		personnel representing the emergency management phases of
20		mitigation, preparedness, response, and recovery. The Local
21		Emergency Planning Committee, as created under the Illinois
22		Emergency Planning and Community Right to Know Act, shall serve
23		as an advisory committee to the emergency services and disaster
24		agency or agencies serving within the boundaries of that Local
25		Emergency Planning Committee planning district for:
26		(1) the development of emergency operations plan

HB3342 Enrolled - 326 - LRB100 08528 SMS 18653 b
1		provisions for hazardous chemical emergencies; and
2		(2) the assessment of emergency response capabilities
3		related to hazardous chemical emergencies.
4		(f) The Illinois Emergency Management Agency shall:
5		(1) Coordinate the overall emergency management
6		program of the State.
7		(2) Cooperate with local governments, the federal
8		government and any public or private agency or entity in
9		achieving any purpose of this Act and in implementing
10		emergency management programs for mitigation,
11		preparedness, response, and recovery.
12		(2.5) Develop a comprehensive emergency preparedness
13		and response plan for any nuclear accident in accordance
14		with Section 65 of the Department of Nuclear Safety Law of
15		2004 (20 ILCS 3310) and in development of the Illinois
16		Nuclear Safety Preparedness program in accordance with
17		Section 8 of the Illinois Nuclear Safety Preparedness Act.
18		(2.6) Coordinate with the Department of Public Health
19		with respect to planning for and responding to public
20		health emergencies.
21		(3) Prepare, for issuance by the Governor, executive
22		orders, proclamations, and regulations as necessary or
23		appropriate in coping with disasters.
24		(4) Promulgate rules and requirements for political
25		subdivision emergency operations plans that are not
26		inconsistent with and are at least as stringent as

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1		applicable federal laws and regulations.
2		(5) Review and approve, in accordance with Illinois
3		Emergency Management Agency rules, emergency operations
4		plans for those political subdivisions required to have an
5		emergency services and disaster agency pursuant to this
6		Act.
7		(5.5) Promulgate rules and requirements for the
8		political subdivision emergency management exercises,
9		including, but not limited to, exercises of the emergency
10		operations plans.
11		(5.10) Review, evaluate, and approve, in accordance
12		with Illinois Emergency Management Agency rules, political
13		subdivision emergency management exercises for those
14		political subdivisions required to have an emergency
15		services and disaster agency pursuant to this Act.
16		(6) Determine requirements of the State and its
17		political subdivisions for food, clothing, and other
18		necessities in event of a disaster.
19		(7) Establish a register of persons with types of
20		emergency management training and skills in mitigation,
21		preparedness, response, and recovery.
22		(8) Establish a register of government and private
23		response resources available for use in a disaster.
24		(9) Expand the Earthquake Awareness Program and its
25		efforts to distribute earthquake preparedness materials to
26		schools, political subdivisions, community groups, civic

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1		organizations, and the media. Emphasis will be placed on
2		those areas of the State most at risk from an earthquake.
3		Maintain the list of all school districts, hospitals,
4		airports, power plants, including nuclear power plants,
5		lakes, dams, emergency response facilities of all types,
6		and all other major public or private structures which are
7		at the greatest risk of damage from earthquakes under
8		circumstances where the damage would cause subsequent harm
9		to the surrounding communities and residents.
10		(10) Disseminate all information, completely and
11		without delay, on water levels for rivers and streams and
12		any other data pertaining to potential flooding supplied by
13		the Division of Water Resources within the Department of
14		Natural Resources to all political subdivisions to the
15		maximum extent possible.
16		(11) Develop agreements, if feasible, with medical
17		supply and equipment firms to supply resources as are
18		necessary to respond to an earthquake or any other disaster
19		as defined in this Act. These resources will be made
20		available upon notifying the vendor of the disaster.
21		Payment for the resources will be in accordance with
22		Section 7 of this Act. The Illinois Department of Public
23		Health shall determine which resources will be required and
24		requested.
25		(11.5) In coordination with the Department of State
26		Police, develop and implement a community outreach program

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1		to promote awareness among the State's parents and children
2		of child abduction prevention and response.
3		(12) Out of funds appropriated for these purposes,
4		award capital and non-capital grants to Illinois hospitals
5		or health care facilities located outside of a city with a
6		population in excess of 1,000,000 to be used for purposes
7		that include, but are not limited to, preparing to respond
8		to mass casualties and disasters, maintaining and
9		improving patient safety and quality of care, and
10		protecting the confidentiality of patient information. No
11		single grant for a capital expenditure shall exceed
12		$300,000. No single grant for a non-capital expenditure
13		shall exceed $100,000. In awarding such grants, preference
14		shall be given to hospitals that serve a significant number
15		of Medicaid recipients, but do not qualify for
16		disproportionate share hospital adjustment payments under
17		the Illinois Public Aid Code. To receive such a grant, a
18		hospital or health care facility must provide funding of at
19		least 50% of the cost of the project for which the grant is
20		being requested. In awarding such grants the Illinois
21		Emergency Management Agency shall consider the
22		recommendations of the Illinois Hospital Association.
23		(13) Do all other things necessary, incidental or
24		appropriate for the implementation of this Act.
25		(g) The Illinois Emergency Management Agency is authorized
26		to make grants to various higher education institutions, public

HB3342 Enrolled - 330 - LRB100 08528 SMS 18653 b
1		K-12 school districts, area vocational centers as designated by
2		the State Board of Education, inter-district special education
3		cooperatives, regional safe schools, and nonpublic K-12
4		schools for safety and security improvements. For the purpose
5		of this subsection (g), "higher education institution" means a
6		public university, a public community college, or an
7		independent, not-for-profit or for-profit higher education
8		institution located in this State. Grants made under this
9		subsection (g) shall be paid out of moneys appropriated for
10		that purpose from the Build Illinois Bond Fund. The Illinois
11		Emergency Management Agency shall adopt rules to implement this
12		subsection (g). These rules may specify: (i) the manner of
13		applying for grants; (ii) project eligibility requirements;
14		(iii) restrictions on the use of grant moneys; (iv) the manner
15		in which the various higher education institutions must account
16		for the use of grant moneys; and (v) any other provision that
17		the Illinois Emergency Management Agency determines to be
18		necessary or useful for the administration of this subsection
19		(g).
20		(g-5) The Illinois Emergency Management Agency is
21		authorized to make grants to not-for-profit organizations
22		which are exempt from federal income taxation under section
23		501(c)(3) of the Federal Internal Revenue Code for eligible
24		security improvements that assist the organization in
25		preventing, preparing for, or responding to acts of terrorism.
26		The Director shall establish procedures and forms by which

HB3342 Enrolled - 331 - LRB100 08528 SMS 18653 b
1		applicants may apply for a grant, and procedures for
2		distributing grants to recipients. The procedures shall
3		require each applicant to do the following:
4		(1) identify and substantiate prior threats or attacks
5		by a terrorist organization, network, or cell against the
6		not-for-profit organization;
7		(2) indicate the symbolic or strategic value of one or
8		more sites that renders the site a possible target of
9		terrorism;
10		(3) discuss potential consequences to the organization
11		if the site is damaged, destroyed, or disrupted by a
12		terrorist act;
13		(4) describe how the grant will be used to integrate
14		organizational preparedness with broader State and local
15		preparedness efforts;
16		(5) submit a vulnerability assessment conducted by
17		experienced security, law enforcement, or military
18		personnel, and a description of how the grant award will be
19		used to address the vulnerabilities identified in the
20		assessment; and
21		(6) submit any other relevant information as may be
22		required by the Director.
23		The Agency is authorized to use funds appropriated for the
24		grant program described in this subsection (g-5) to administer
25		the program.
26		(h) Except as provided in Section 17.5 of this Act, any

HB3342 Enrolled - 332 - LRB100 08528 SMS 18653 b
1		moneys received by the Agency from donations or sponsorships
2		shall be deposited in the Emergency Planning and Training Fund
3		and used by the Agency, subject to appropriation, to effectuate
4		planning and training activities.
5		(i) The Illinois Emergency Management Agency may by rule
6		assess and collect reasonable fees for attendance at
7		Agency-sponsored conferences to enable the Agency to carry out
8		the requirements of this Act. Any moneys received under this
9		subsection shall be deposited in the Emergency Planning and
10		Training Fund and used by the Agency, subject to appropriation,
11		for planning and training activities.
12		(j) The Illinois Emergency Management Agency is authorized
13		to make grants to other State agencies, public universities,
14		units of local government, and statewide mutual aid
15		organizations to enhance statewide emergency preparedness and
16		response.
17		(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
18		revised 9-28-17.)
19		Section 50-25. The State Finance Act is amended by changing
20		Sections 6z-68, 6z-71, 6z-81, 8.3, and 8.11 and adding Sections
21		5.886 and 6z-105 as follows:
22		(30 ILCS 105/5.886 new)
23		Sec. 5.886. The VW Settlement Environmental Mitigation
24		Fund.

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1		(30 ILCS 105/6z-68)
2		Sec. 6z-68. The Intercity Passenger Rail Fund.
3		(a) The Intercity Passenger Rail Fund is created as a
4		special fund in the State treasury. Moneys in the Fund may be
5		used by the Department of Transportation, subject to
6		appropriation, for the operation of intercity passenger rail
7		services in the State through Amtrak or its successor.
8		Moneys received for the purposes of this Section,
9		including, without limitation, income tax checkoff receipts
10		and gifts, grants, and awards from any public or private
11		entity, must be deposited into the Fund. Any interest earned on
12		moneys in the Fund must be deposited into the Fund.
13		(b) At least one month before the beginning of each fiscal
14		year, the chief operating officer of Amtrak or its successor
15		must certify to the State Treasurer the number of Amtrak
16		tickets sold at the State rate during that current fiscal year.
17		On the first day of that next fiscal year, or as soon
18		thereafter as practical, the State Treasurer must transfer,
19		from the General Revenue Fund to the Intercity Passenger Rail
20		Fund, an amount equal to the tickets certified by the chief
21		operating officer of Amtrak multiplied by $50.
22		(Source: P.A. 94-535, eff. 8-10-05.)
23		(30 ILCS 105/6z-71)
24		Sec. 6z-71. Human Services Priority Capital Program Fund.

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1		The Human Services Priority Capital Program Fund is created as
2		a special fund in the State treasury. Subject to appropriation,
3		the Department of Human Services shall use moneys in the Human
4		Services Priority Capital Program Fund to make grants to the
5		Illinois Facilities Fund, a not-for-profit corporation, to
6		make long term below market rate loans to nonprofit human
7		service providers working under contract to the State of
8		Illinois to assist those providers in meeting their capital
9		needs. The loans shall be for the purpose of such capital
10		needs, including but not limited to special use facilities,
11		requirements for serving persons with disabilities, the
12		mentally ill, or substance abusers, and medical and technology
13		equipment. Loan repayments shall be deposited into the Human
14		Services Priority Capital Program Fund. Interest income may be
15		used to cover expenses of the program. The Illinois Facilities
16		Fund shall report to the Department of Human Services and the
17		General Assembly by April 1, 2008, and again by April 1, 2009,
18		as to the use and earnings of the program.
19		A portion of the proceeds from the sale of a mental health
20		facility or developmental disabilities facility operated by
21		the Department of Human Services may be deposited into the Fund
22		and may be used for the purposes described in this Section.
23		Notwithstanding any other provision of law, in addition to
24		any other transfers that may be provided by law, on July 1,
25		2018, or as soon thereafter as practical, the State Comptroller
26		shall direct and the State Treasurer shall transfer the

HB3342 Enrolled - 335 - LRB100 08528 SMS 18653 b
1		remaining balance from the Human Services Priority Capital
2		Program Fund into the General Revenue Fund. Upon completion of
3		the transfers, the Human Services Priority Capital Program Fund
4		is dissolved, and any future deposits due to that Fund and any
5		outstanding obligations or liabilities of that Fund pass to the
6		General Revenue Fund.
7		(Source: P.A. 98-815, eff. 8-1-14; 99-143, eff. 7-27-15.)
8		(30 ILCS 105/6z-81)
9		Sec. 6z-81. Healthcare Provider Relief Fund.
10		(a) There is created in the State treasury a special fund
11		to be known as the Healthcare Provider Relief Fund.
12		(b) The Fund is created for the purpose of receiving and
13		disbursing moneys in accordance with this Section.
14		Disbursements from the Fund shall be made only as follows:
15		(1) Subject to appropriation, for payment by the
16		Department of Healthcare and Family Services or by the
17		Department of Human Services of medical bills and related
18		expenses, including administrative expenses, for which the
19		State is responsible under Titles XIX and XXI of the Social
20		Security Act, the Illinois Public Aid Code, the Children's
21		Health Insurance Program Act, the Covering ALL KIDS Health
22		Insurance Act, and the Long Term Acute Care Hospital
23		Quality Improvement Transfer Program Act.
24		(2) For repayment of funds borrowed from other State
25		funds or from outside sources, including interest thereon.

HB3342 Enrolled - 336 - LRB100 08528 SMS 18653 b
1		(3) For State fiscal years 2017, and 2018, and 2019,
2		for making payments to the human poison control center
3		pursuant to Section 12-4.105 of the Illinois Public Aid
4		Code.
5		(c) The Fund shall consist of the following:
6		(1) Moneys received by the State from short-term
7		borrowing pursuant to the Short Term Borrowing Act on or
8		after the effective date of Public Act 96-820 this
9		amendatory Act of the 96th General Assembly.
10		(2) All federal matching funds received by the Illinois
11		Department of Healthcare and Family Services as a result of
12		expenditures made by the Department that are attributable
13		to moneys deposited in the Fund.
14		(3) All federal matching funds received by the Illinois
15		Department of Healthcare and Family Services as a result of
16		federal approval of Title XIX State plan amendment
17		transmittal number 07-09.
18		(4) All other moneys received for the Fund from any
19		other source, including interest earned thereon.
20		(5) All federal matching funds received by the Illinois
21		Department of Healthcare and Family Services as a result of
22		expenditures made by the Department for Medical Assistance
23		from the General Revenue Fund, the Tobacco Settlement
24		Recovery Fund, the Long-Term Care Provider Fund, and the
25		Drug Rebate Fund related to individuals eligible for
26		medical assistance pursuant to the Patient Protection and

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1		Affordable Care Act (P.L. 111-148) and Section 5-2 of the
2		Illinois Public Aid Code.
3		(d) In addition to any other transfers that may be provided
4		for by law, on the effective date of Public Act 97-44 this
5		amendatory Act of the 97th General Assembly, or as soon
6		thereafter as practical, the State Comptroller shall direct and
7		the State Treasurer shall transfer the sum of $365,000,000 from
8		the General Revenue Fund into the Healthcare Provider Relief
9		Fund.
10		(e) In addition to any other transfers that may be provided
11		for by law, on July 1, 2011, or as soon thereafter as
12		practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $160,000,000 from the
14		General Revenue Fund to the Healthcare Provider Relief Fund.
15		(f) Notwithstanding any other State law to the contrary,
16		and in addition to any other transfers that may be provided for
17		by law, the State Comptroller shall order transferred and the
18		State Treasurer shall transfer $500,000,000 to the Healthcare
19		Provider Relief Fund from the General Revenue Fund in equal
20		monthly installments of $100,000,000, with the first transfer
21		to be made on July 1, 2012, or as soon thereafter as practical,
22		and with each of the remaining transfers to be made on August
23		1, 2012, September 1, 2012, October 1, 2012, and November 1,
24		2012, or as soon thereafter as practical. This transfer may
25		assist the Department of Healthcare and Family Services in
26		improving Medical Assistance bill processing timeframes or in

HB3342 Enrolled - 338 - LRB100 08528 SMS 18653 b
1		meeting the possible requirements of Senate Bill 3397, or other
2		similar legislation, of the 97th General Assembly should it
3		become law.
4		(g) Notwithstanding any other State law to the contrary,
5		and in addition to any other transfers that may be provided for
6		by law, on July 1, 2013, or as soon thereafter as may be
7		practical, the State Comptroller shall direct and the State
8		Treasurer shall transfer the sum of $601,000,000 from the
9		General Revenue Fund to the Healthcare Provider Relief Fund.
10		(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
11		99-516, eff. 6-30-16.)
12		(30 ILCS 105/6z-105 new)
13		Sec. 6z-105. The VW Settlement Environmental Mitigation
14		Fund. The VW Settlement Environmental Mitigation Fund is
15		created as a special fund in the State Treasury to receive
16		moneys from the State Mitigation Trust established pursuant to
17		the Environmental Mitigation Trust Agreement for State
18		Beneficiaries ("Trust Agreement") pursuant to consent decrees
19		in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices,
20		and Products Liability Litigation, MDL No. 2672 CRB (JSC) ("VW
21		Settlement"). All funds received by the State from the State
22		Mitigation Trust shall be deposited into the VW Settlement
23		Environmental Mitigation Fund to be used, subject to
24		appropriation by the General Assembly, by the Illinois
25		Environmental Protection Agency as designated lead agency for

HB3342 Enrolled - 339 - LRB100 08528 SMS 18653 b
1		the State of Illinois, to pay for costs of eligible mitigation
2		actions and related administrative expenditures as allowed
3		under the VW Settlement, the Trust Agreement, and the State's
4		Beneficiary Mitigation Plan.
5		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
6		Sec. 8.3. Money in the Road Fund shall, if and when the
7		State of Illinois incurs any bonded indebtedness for the
8		construction of permanent highways, be set aside and used for
9		the purpose of paying and discharging annually the principal
10		and interest on that bonded indebtedness then due and payable,
11		and for no other purpose. The surplus, if any, in the Road Fund
12		after the payment of principal and interest on that bonded
13		indebtedness then annually due shall be used as follows:
14		first -- to pay the cost of administration of Chapters
15		2 through 10 of the Illinois Vehicle Code, except the cost
16		of administration of Articles I and II of Chapter 3 of that
17		Code; and
18		secondly -- for expenses of the Department of
19		Transportation for construction, reconstruction,
20		improvement, repair, maintenance, operation, and
21		administration of highways in accordance with the
22		provisions of laws relating thereto, or for any purpose
23		related or incident to and connected therewith, including
24		the separation of grades of those highways with railroads
25		and with highways and including the payment of awards made

HB3342 Enrolled - 340 - LRB100 08528 SMS 18653 b
1		by the Illinois Workers' Compensation Commission under the
2		terms of the Workers' Compensation Act or Workers'
3		Occupational Diseases Act for injury or death of an
4		employee of the Division of Highways in the Department of
5		Transportation; or for the acquisition of land and the
6		erection of buildings for highway purposes, including the
7		acquisition of highway right-of-way or for investigations
8		to determine the reasonably anticipated future highway
9		needs; or for making of surveys, plans, specifications and
10		estimates for and in the construction and maintenance of
11		flight strips and of highways necessary to provide access
12		to military and naval reservations, to defense industries
13		and defense-industry sites, and to the sources of raw
14		materials and for replacing existing highways and highway
15		connections shut off from general public use at military
16		and naval reservations and defense-industry sites, or for
17		the purchase of right-of-way, except that the State shall
18		be reimbursed in full for any expense incurred in building
19		the flight strips; or for the operating and maintaining of
20		highway garages; or for patrolling and policing the public
21		highways and conserving the peace; or for the operating
22		expenses of the Department relating to the administration
23		of public transportation programs; or, during fiscal year
24		2012 only, for the purposes of a grant not to exceed
25		$8,500,000 to the Regional Transportation Authority on
26		behalf of PACE for the purpose of ADA/Para-transit

HB3342 Enrolled - 341 - LRB100 08528 SMS 18653 b
1		expenses; or, during fiscal year 2013 only, for the
2		purposes of a grant not to exceed $3,825,000 to the
3		Regional Transportation Authority on behalf of PACE for the
4		purpose of ADA/Para-transit expenses; or, during fiscal
5		year 2014 only, for the purposes of a grant not to exceed
6		$3,825,000 to the Regional Transportation Authority on
7		behalf of PACE for the purpose of ADA/Para-transit
8		expenses; or, during fiscal year 2015 only, for the
9		purposes of a grant not to exceed $3,825,000 to the
10		Regional Transportation Authority on behalf of PACE for the
11		purpose of ADA/Para-transit expenses; or, during fiscal
12		year 2016 only, for the purposes of a grant not to exceed
13		$3,825,000 to the Regional Transportation Authority on
14		behalf of PACE for the purpose of ADA/Para-transit
15		expenses; or, during fiscal year 2017 only, for the
16		purposes of a grant not to exceed $3,825,000 to the
17		Regional Transportation Authority on behalf of PACE for the
18		purpose of ADA/Para-transit expenses; or, during fiscal
19		year 2018 only, for the purposes of a grant not to exceed
20		$3,825,000 to the Regional Transportation Authority on
21		behalf of PACE for the purpose of ADA/Para-transit
22		expenses; or, during fiscal year 2019 only, for the
23		purposes of a grant not to exceed $3,825,000 to the
24		Regional Transportation Authority on behalf of PACE for the
25		purpose of ADA/Para-transit expenses; or for any of those
26		purposes or any other purpose that may be provided by law.

HB3342 Enrolled - 342 - LRB100 08528 SMS 18653 b
1		Appropriations for any of those purposes are payable from
2		the Road Fund. Appropriations may also be made from the Road
3		Fund for the administrative expenses of any State agency that
4		are related to motor vehicles or arise from the use of motor
5		vehicles.
6		Beginning with fiscal year 1980 and thereafter, no Road
7		Fund monies shall be appropriated to the following Departments
8		or agencies of State government for administration, grants, or
9		operations; but this limitation is not a restriction upon
10		appropriating for those purposes any Road Fund monies that are
11		eligible for federal reimbursement: ;
12		1. Department of Public Health;
13		2. Department of Transportation, only with respect to
14		subsidies for one-half fare Student Transportation and
15		Reduced Fare for Elderly, except during fiscal year 2012
16		only when no more than $40,000,000 may be expended and
17		except during fiscal year 2013 only when no more than
18		$17,570,300 may be expended and except during fiscal year
19		2014 only when no more than $17,570,000 may be expended and
20		except during fiscal year 2015 only when no more than
21		$17,570,000 may be expended and except during fiscal year
22		2016 only when no more than $17,570,000 may be expended and
23		except during fiscal year 2017 only when no more than
24		$17,570,000 may be expended and except during fiscal year
25		2018 only when no more than $17,570,000 may be expended and
26		except during fiscal year 2019 only when no more than

HB3342 Enrolled - 343 - LRB100 08528 SMS 18653 b
1		$17,570,000 may be expended;
2		3. Department of Central Management Services, except
3		for expenditures incurred for group insurance premiums of
4		appropriate personnel;
5		4. Judicial Systems and Agencies.
6		Beginning with fiscal year 1981 and thereafter, no Road
7		Fund monies shall be appropriated to the following Departments
8		or agencies of State government for administration, grants, or
9		operations; but this limitation is not a restriction upon
10		appropriating for those purposes any Road Fund monies that are
11		eligible for federal reimbursement:
12		1. Department of State Police, except for expenditures
13		with respect to the Division of Operations;
14		2. Department of Transportation, only with respect to
15		Intercity Rail Subsidies, except during fiscal year 2012
16		only when no more than $40,000,000 may be expended and
17		except during fiscal year 2013 only when no more than
18		$26,000,000 may be expended and except during fiscal year
19		2014 only when no more than $38,000,000 may be expended and
20		except during fiscal year 2015 only when no more than
21		$42,000,000 may be expended and except during fiscal year
22		2016 only when no more than $38,300,000 may be expended and
23		except during fiscal year 2017 only when no more than
24		$50,000,000 may be expended and except during fiscal year
25		2018 only when no more than $52,000,000 may be expended and
26		except during fiscal year 2019 only when no more than

HB3342 Enrolled - 344 - LRB100 08528 SMS 18653 b
1		$52,000,000 may be expended, and Rail Freight Services.
2		Beginning with fiscal year 1982 and thereafter, no Road
3		Fund monies shall be appropriated to the following Departments
4		or agencies of State government for administration, grants, or
5		operations; but this limitation is not a restriction upon
6		appropriating for those purposes any Road Fund monies that are
7		eligible for federal reimbursement: Department of Central
8		Management Services, except for awards made by the Illinois
9		Workers' Compensation Commission under the terms of the
10		Workers' Compensation Act or Workers' Occupational Diseases
11		Act for injury or death of an employee of the Division of
12		Highways in the Department of Transportation.
13		Beginning with fiscal year 1984 and thereafter, no Road
14		Fund monies shall be appropriated to the following Departments
15		or agencies of State government for administration, grants, or
16		operations; but this limitation is not a restriction upon
17		appropriating for those purposes any Road Fund monies that are
18		eligible for federal reimbursement:
19		1. Department of State Police, except not more than 40%
20		of the funds appropriated for the Division of Operations;
21		2. State Officers.
22		Beginning with fiscal year 1984 and thereafter, no Road
23		Fund monies shall be appropriated to any Department or agency
24		of State government for administration, grants, or operations
25		except as provided hereafter; but this limitation is not a
26		restriction upon appropriating for those purposes any Road Fund

HB3342 Enrolled - 345 - LRB100 08528 SMS 18653 b
1		monies that are eligible for federal reimbursement. It shall
2		not be lawful to circumvent the above appropriation limitations
3		by governmental reorganization or other methods.
4		Appropriations shall be made from the Road Fund only in
5		accordance with the provisions of this Section.
6		Money in the Road Fund shall, if and when the State of
7		Illinois incurs any bonded indebtedness for the construction of
8		permanent highways, be set aside and used for the purpose of
9		paying and discharging during each fiscal year the principal
10		and interest on that bonded indebtedness as it becomes due and
11		payable as provided in the Transportation Bond Act, and for no
12		other purpose. The surplus, if any, in the Road Fund after the
13		payment of principal and interest on that bonded indebtedness
14		then annually due shall be used as follows:
15		first -- to pay the cost of administration of Chapters
16		2 through 10 of the Illinois Vehicle Code; and
17		secondly -- no Road Fund monies derived from fees,
18		excises, or license taxes relating to registration,
19		operation and use of vehicles on public highways or to
20		fuels used for the propulsion of those vehicles, shall be
21		appropriated or expended other than for costs of
22		administering the laws imposing those fees, excises, and
23		license taxes, statutory refunds and adjustments allowed
24		thereunder, administrative costs of the Department of
25		Transportation, including, but not limited to, the
26		operating expenses of the Department relating to the

HB3342 Enrolled - 346 - LRB100 08528 SMS 18653 b
1		administration of public transportation programs, payment
2		of debts and liabilities incurred in construction and
3		reconstruction of public highways and bridges, acquisition
4		of rights-of-way for and the cost of construction,
5		reconstruction, maintenance, repair, and operation of
6		public highways and bridges under the direction and
7		supervision of the State, political subdivision, or
8		municipality collecting those monies, or during fiscal
9		year 2012 only for the purposes of a grant not to exceed
10		$8,500,000 to the Regional Transportation Authority on
11		behalf of PACE for the purpose of ADA/Para-transit
12		expenses, or during fiscal year 2013 only for the purposes
13		of a grant not to exceed $3,825,000 to the Regional
14		Transportation Authority on behalf of PACE for the purpose
15		of ADA/Para-transit expenses, or during fiscal year 2014
16		only for the purposes of a grant not to exceed $3,825,000
17		to the Regional Transportation Authority on behalf of PACE
18		for the purpose of ADA/Para-transit expenses, or during
19		fiscal year 2015 only for the purposes of a grant not to
20		exceed $3,825,000 to the Regional Transportation Authority
21		on behalf of PACE for the purpose of ADA/Para-transit
22		expenses, or during fiscal year 2016 only for the purposes
23		of a grant not to exceed $3,825,000 to the Regional
24		Transportation Authority on behalf of PACE for the purpose
25		of ADA/Para-transit expenses, or during fiscal year 2017
26		only for the purposes of a grant not to exceed $3,825,000

HB3342 Enrolled - 347 - LRB100 08528 SMS 18653 b
1		to the Regional Transportation Authority on behalf of PACE
2		for the purpose of ADA/Para-transit expenses, or during
3		fiscal year 2018 only for the purposes of a grant not to
4		exceed $3,825,000 to the Regional Transportation Authority
5		on behalf of PACE for the purpose of ADA/Para-transit
6		expenses, or during fiscal year 2019 only for the purposes
7		of a grant not to exceed $3,825,000 to the Regional
8		Transportation Authority on behalf of PACE for the purpose
9		of ADA/Para-transit expenses, and the costs for patrolling
10		and policing the public highways (by State, political
11		subdivision, or municipality collecting that money) for
12		enforcement of traffic laws. The separation of grades of
13		such highways with railroads and costs associated with
14		protection of at-grade highway and railroad crossing shall
15		also be permissible.
16		Appropriations for any of such purposes are payable from
17		the Road Fund or the Grade Crossing Protection Fund as provided
18		in Section 8 of the Motor Fuel Tax Law.
19		Except as provided in this paragraph, beginning with fiscal
20		year 1991 and thereafter, no Road Fund monies shall be
21		appropriated to the Department of State Police for the purposes
22		of this Section in excess of its total fiscal year 1990 Road
23		Fund appropriations for those purposes unless otherwise
24		provided in Section 5g of this Act. For fiscal years 2003,
25		2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
26		appropriated to the Department of State Police for the purposes

HB3342 Enrolled - 348 - LRB100 08528 SMS 18653 b
1		of this Section in excess of $97,310,000. For fiscal year 2008
2		only, no Road Fund monies shall be appropriated to the
3		Department of State Police for the purposes of this Section in
4		excess of $106,100,000. For fiscal year 2009 only, no Road Fund
5		monies shall be appropriated to the Department of State Police
6		for the purposes of this Section in excess of $114,700,000.
7		Beginning in fiscal year 2010, no road fund moneys shall be
8		appropriated to the Department of State Police. It shall not be
9		lawful to circumvent this limitation on appropriations by
10		governmental reorganization or other methods unless otherwise
11		provided in Section 5g of this Act.
12		In fiscal year 1994, no Road Fund monies shall be
13		appropriated to the Secretary of State for the purposes of this
14		Section in excess of the total fiscal year 1991 Road Fund
15		appropriations to the Secretary of State for those purposes,
16		plus $9,800,000. It shall not be lawful to circumvent this
17		limitation on appropriations by governmental reorganization or
18		other method.
19		Beginning with fiscal year 1995 and thereafter, no Road
20		Fund monies shall be appropriated to the Secretary of State for
21		the purposes of this Section in excess of the total fiscal year
22		1994 Road Fund appropriations to the Secretary of State for
23		those purposes. It shall not be lawful to circumvent this
24		limitation on appropriations by governmental reorganization or
25		other methods.
26		Beginning with fiscal year 2000, total Road Fund

HB3342 Enrolled - 349 - LRB100 08528 SMS 18653 b
1		appropriations to the Secretary of State for the purposes of
2		this Section shall not exceed the amounts specified for the
3		following fiscal years:
4 Fiscal Year 2000 $80,500,000; 5 Fiscal Year 2001 $80,500,000; 6 Fiscal Year 2002 $80,500,000; 7 Fiscal Year 2003 $130,500,000; 8 Fiscal Year 2004 $130,500,000; 9 Fiscal Year 2005 $130,500,000; 10 Fiscal Year 2006 $130,500,000; 11 Fiscal Year 2007 $130,500,000; 12 Fiscal Year 2008 $130,500,000; 13 Fiscal Year 2009 $130,500,000.
14		For fiscal year 2010, no road fund moneys shall be
15		appropriated to the Secretary of State.
16		Beginning in fiscal year 2011, moneys in the Road Fund
17		shall be appropriated to the Secretary of State for the
18		exclusive purpose of paying refunds due to overpayment of fees
19		related to Chapter 3 of the Illinois Vehicle Code unless
20		otherwise provided for by law.
21		It shall not be lawful to circumvent this limitation on
22		appropriations by governmental reorganization or other
23		methods.
24		No new program may be initiated in fiscal year 1991 and
25		thereafter that is not consistent with the limitations imposed
26		by this Section for fiscal year 1984 and thereafter, insofar as

HB3342 Enrolled - 350 - LRB100 08528 SMS 18653 b
1		appropriation of Road Fund monies is concerned.
2		Nothing in this Section prohibits transfers from the Road
3		Fund to the State Construction Account Fund under Section 5e of
4		this Act; nor to the General Revenue Fund, as authorized by
5		Public Act 93-25 this amendatory Act of the 93rd General
6		Assembly.
7		The additional amounts authorized for expenditure in this
8		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
9		shall be repaid to the Road Fund from the General Revenue Fund
10		in the next succeeding fiscal year that the General Revenue
11		Fund has a positive budgetary balance, as determined by
12		generally accepted accounting principles applicable to
13		government.
14		The additional amounts authorized for expenditure by the
15		Secretary of State and the Department of State Police in this
16		Section by Public Act 94-91 this amendatory Act of the 94th
17		General Assembly shall be repaid to the Road Fund from the
18		General Revenue Fund in the next succeeding fiscal year that
19		the General Revenue Fund has a positive budgetary balance, as
20		determined by generally accepted accounting principles
21		applicable to government.
22		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
23		revised 10-11-17.)
24		(30 ILCS 105/8.11) (from Ch. 127, par. 144.11)
25		Sec. 8.11. Except as otherwise provided in this Section,

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1		appropriations from the State Parks Fund shall be made only to
2		the Department of Natural Resources and shall, except for the
3		additional moneys deposited under Section 805-550 of the
4		Department of Natural Resources (Conservation) Law of the Civil
5		Administrative Code of Illinois, be used only for the
6		maintenance, development, operation, control and acquisition
7		of State parks and historic sites.
8		Revenues derived from the Illinois and Michigan Canal from
9		the sale of Canal lands, lease of Canal lands, Canal
10		concessions, and other Canal activities, which have been placed
11		in the State Parks Fund may be appropriated to the Department
12		of Natural Resources for that Department to use, either
13		independently or in cooperation with any Department or Agency
14		of the Federal or State Government or any political subdivision
15		thereof for the development and management of the Canal and its
16		adjacent lands as outlined in the master plan for such
17		development and management.
18		(Source: P.A. 96-1160, eff. 1-1-11.)
19		(30 ILCS 105/5.703 rep.)
20		Section 50-30. The State Finance Act is amended by
21		repealing Section 5.703.
22		Section 50-40. The State Prompt Payment Act is amended by
23		adding Section 3-6 as follows:

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1		(30 ILCS 540/3-6 new)
2		Sec. 3-6. Federal funds; lack of authority. If an agency
3		incurs an interest liability under this Act that cannot be
4		charged to the same expenditure authority account to which the
5		related goods or services were charged due to federal
6		prohibitions, the agency is authorized to pay the interest from
7		its available appropriations from the General Revenue Fund.
8		Section 50-45. The Illinois Coal Technology Development
9		Assistance Act is amended by changing Section 3 as follows:
10		(30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
11		Sec. 3. Transfers to Coal Technology Development
12		Assistance Fund.
13		(a) As soon as may be practicable after the first day of
14		each month, the Department of Revenue shall certify to the
15		Treasurer an amount equal to 1/64 of the revenue realized from
16		the tax imposed by the Electricity Excise Tax Law, Section 2 of
17		the Public Utilities Revenue Act, Section 2 of the Messages Tax
18		Act, and Section 2 of the Gas Revenue Tax Act, during the
19		preceding month. Upon receipt of the certification, the
20		Treasurer shall transfer the amount shown on such certification
21		from the General Revenue Fund to the Coal Technology
22		Development Assistance Fund, which is hereby created as a
23		special fund in the State treasury, except that no transfer
24		shall be made in any month in which the Fund has reached the

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1		following balance:
2		(1) $7,000,000 during fiscal year 1994.
3		(2) $8,500,000 during fiscal year 1995.
4		(3) $10,000,000 during fiscal years 1996 and 1997.
5		(4) During fiscal year 1998 through fiscal year 2004,
6		an amount equal to the sum of $10,000,000 plus additional
7		moneys deposited into the Coal Technology Development
8		Assistance Fund from the Renewable Energy Resources and
9		Coal Technology Development Assistance Charge under
10		Section 6.5 of the Renewable Energy, Energy Efficiency, and
11		Coal Resources Development Law of 1997.
12		(5) During fiscal year 2005, an amount equal to the sum
13		of $7,000,000 plus additional moneys deposited into the
14		Coal Technology Development Assistance Fund from the
15		Renewable Energy Resources and Coal Technology Development
16		Assistance Charge under Section 6.5 of the Renewable
17		Energy, Energy Efficiency, and Coal Resources Development
18		Law of 1997.
19		(6) During fiscal year 2006 and each fiscal year
20		thereafter, an amount equal to the sum of $10,000,000 plus
21		additional moneys deposited into the Coal Technology
22		Development Assistance Fund from the Renewable Energy
23		Resources and Coal Technology Development Assistance
24		Charge under Section 6.5 of the Renewable Energy, Energy
25		Efficiency, and Coal Resources Development Law of 1997.
26		(b) During fiscal year 2019 only, the Treasurer shall make

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1		no transfers from the General Revenue Fund to the Coal
2		Technology Development Assistance Fund.
3		(Source: P.A. 99-78, eff. 7-20-15.)
4		Section 50-50. The Illinois Public Aid Code is amended by
5		changing Section 12-5 as follows:
6		(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
7		Sec. 12-5. Appropriations; uses; federal grants; report to
8		General Assembly. From the sums appropriated by the General
9		Assembly, the Illinois Department shall order for payment by
10		warrant from the State Treasury grants for public aid under
11		Articles III, IV, and V, including grants for funeral and
12		burial expenses, and all costs of administration of the
13		Illinois Department and the County Departments relating
14		thereto. Moneys appropriated to the Illinois Department for
15		public aid under Article VI may be used, with the consent of
16		the Governor, to co-operate with federal, State, and local
17		agencies in the development of work projects designed to
18		provide suitable employment for persons receiving public aid
19		under Article VI. The Illinois Department, with the consent of
20		the Governor, may be the agent of the State for the receipt and
21		disbursement of federal funds or commodities for public aid
22		purposes under Article VI and for related purposes in which the
23		co-operation of the Illinois Department is sought by the
24		federal government, and, in connection therewith, may make

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1		necessary expenditures from moneys appropriated for public aid
2		under any Article of this Code and for administration. The
3		Illinois Department, with the consent of the Governor, may be
4		the agent of the State for the receipt and disbursement of
5		federal funds pursuant to the Immigration Reform and Control
6		Act of 1986 and may make necessary expenditures from monies
7		appropriated to it for operations, administration, and grants,
8		including payment to the Health Insurance Reserve Fund for
9		group insurance costs at the rate certified by the Department
10		of Central Management Services. All amounts received by the
11		Illinois Department pursuant to the Immigration Reform and
12		Control Act of 1986 shall be deposited in the Immigration
13		Reform and Control Fund. All amounts received into the
14		Immigration Reform and Control Fund as reimbursement for
15		expenditures from the General Revenue Fund shall be transferred
16		to the General Revenue Fund.
17		All grants received by the Illinois Department for programs
18		funded by the Federal Social Services Block Grant shall be
19		deposited in the Social Services Block Grant Fund. All funds
20		received into the Social Services Block Grant Fund as
21		reimbursement for expenditures from the General Revenue Fund
22		shall be transferred to the General Revenue Fund. All funds
23		received into the Social Services Block Grant fund for
24		reimbursement for expenditure out of the Local Initiative Fund
25		shall be transferred into the Local Initiative Fund. Any other
26		federal funds received into the Social Services Block Grant

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1		Fund shall be transferred to the DHS Special Purposes Trust
2		Fund. All federal funds received by the Illinois Department as
3		reimbursement for Employment and Training Programs for
4		expenditures made by the Illinois Department from grants,
5		gifts, or legacies as provided in Section 12-4.18 or made by an
6		entity other than the Illinois Department and all federal funds
7		received from the Emergency Contingency Fund for State
8		Temporary Assistance for Needy Families Programs established
9		by the American Recovery and Reinvestment Act of 2009 shall be
10		deposited into the Employment and Training Fund.
11		During each State fiscal year, an amount not exceeding a
12		total of $68,800,000 Eighty percent of the federal financial
13		participation funds received by the Illinois Department under
14		the provisions of Title IV-A of the federal Social Security Act
15		Emergency Assistance program as reimbursement for expenditures
16		made from the Illinois Department of Children and Family
17		Services appropriations for the costs of providing services in
18		behalf of Department of Children and Family Services clients
19		shall be deposited into the DCFS Children's Services Fund.
20		All federal funds, except those covered by the foregoing 3
21		paragraphs, received as reimbursement for expenditures from
22		the General Revenue Fund shall be deposited in the General
23		Revenue Fund for administrative and distributive expenditures
24		properly chargeable by federal law or regulation to aid
25		programs established under Articles III through XII and Titles
26		IV, XVI, XIX and XX of the Federal Social Security Act. Any

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1		other federal funds received by the Illinois Department under
2		Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
3		Section 12-10 of this Code to be paid into the DHS Special
4		Purposes Trust Fund shall be deposited into the DHS Special
5		Purposes Trust Fund. Any other federal funds received by the
6		Illinois Department pursuant to the Child Support Enforcement
7		Program established by Title IV-D of the Social Security Act
8		shall be deposited in the Child Support Enforcement Trust Fund
9		as required under Section 12-10.2 or in the Child Support
10		Administrative Fund as required under Section 12-10.2a of this
11		Code. Any other federal funds received by the Illinois
12		Department for expenditures made under Title XIX of the Social
13		Security Act and Articles V and VI of this Code that are
14		required by Section 15-2 of this Code to be paid into the
15		County Provider Trust Fund shall be deposited into the County
16		Provider Trust Fund. Any other federal funds received by the
17		Illinois Department for hospital inpatient, hospital
18		ambulatory care, and disproportionate share hospital
19		expenditures made under Title XIX of the Social Security Act
20		and Article V of this Code that are required by Section 5A-8 of
21		this Code to be paid into the Hospital Provider Fund shall be
22		deposited into the Hospital Provider Fund. Any other federal
23		funds received by the Illinois Department for medical
24		assistance program expenditures made under Title XIX of the
25		Social Security Act and Article V of this Code that are
26		required by Section 5B-8 of this Code to be paid into the

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1		Long-Term Care Provider Fund shall be deposited into the
2		Long-Term Care Provider Fund. Any other federal funds received
3		by the Illinois Department for medical assistance program
4		expenditures made under Title XIX of the Social Security Act
5		and Article V of this Code that are required by Section 5C-7 of
6		this Code to be paid into the Care Provider Fund for Persons
7		with a Developmental Disability shall be deposited into the
8		Care Provider Fund for Persons with a Developmental Disability.
9		Any other federal funds received by the Illinois Department for
10		trauma center adjustment payments that are required by Section
11		5-5.03 of this Code and made under Title XIX of the Social
12		Security Act and Article V of this Code shall be deposited into
13		the Trauma Center Fund. Any other federal funds received by the
14		Illinois Department as reimbursement for expenses for early
15		intervention services paid from the Early Intervention
16		Services Revolving Fund shall be deposited into that Fund.
17		The Illinois Department shall report to the General
18		Assembly at the end of each fiscal quarter the amount of all
19		funds received and paid into the Social Services Block Grant
20		Fund and the Local Initiative Fund and the expenditures and
21		transfers of such funds for services, programs and other
22		purposes authorized by law. Such report shall be filed with the
23		Speaker, Minority Leader and Clerk of the House, with the
24		President, Minority Leader and Secretary of the Senate, with
25		the Chairmen of the House and Senate Appropriations Committees,
26		the House Human Resources Committee and the Senate Public

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1		Health, Welfare and Corrections Committee, or the successor
2		standing Committees of each as provided by the rules of the
3		House and Senate, respectively, with the Legislative Research
4		Unit and with the State Government Report Distribution Center
5		for the General Assembly as is required under paragraph (t) of
6		Section 7 of the State Library Act shall be deemed sufficient
7		to comply with this Section.
8		(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
9		99-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article
10		15, Section 15-50, eff. 1-27-17; revised 2-15-17.)
11		Section 50-55. The Environmental Protection Act is amended
12		by changing Sections 22.15, 55.6, and 57.11 as follows:
13		(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
14		Sec. 22.15. Solid Waste Management Fund; fees.
15		(a) There is hereby created within the State Treasury a
16		special fund to be known as the "Solid Waste Management Fund",
17		to be constituted from the fees collected by the State pursuant
18		to this Section, from repayments of loans made from the Fund
19		for solid waste projects, from registration fees collected
20		pursuant to the Consumer Electronics Recycling Act, and from
21		amounts transferred into the Fund pursuant to Public Act
22		100-433 this amendatory Act of the 100th General Assembly.
23		Moneys received by the Department of Commerce and Economic
24		Opportunity in repayment of loans made pursuant to the Illinois

HB3342 Enrolled - 360 - LRB100 08528 SMS 18653 b
1		Solid Waste Management Act shall be deposited into the General
2		Revenue Fund.
3		(b) The Agency shall assess and collect a fee in the amount
4		set forth herein from the owner or operator of each sanitary
5		landfill permitted or required to be permitted by the Agency to
6		dispose of solid waste if the sanitary landfill is located off
7		the site where such waste was produced and if such sanitary
8		landfill is owned, controlled, and operated by a person other
9		than the generator of such waste. The Agency shall deposit all
10		fees collected into the Solid Waste Management Fund. If a site
11		is contiguous to one or more landfills owned or operated by the
12		same person, the volumes permanently disposed of by each
13		landfill shall be combined for purposes of determining the fee
14		under this subsection. Beginning on July 1, 2018, and on the
15		first day of each month thereafter during fiscal year 2019, the
16		State Comptroller shall direct and State Treasurer shall
17		transfer an amount equal to 1/12 of $5,000,000 per fiscal year
18		from the Solid Waste Management Fund to the General Revenue
19		Fund.
20		(1) If more than 150,000 cubic yards of non-hazardous
21		solid waste is permanently disposed of at a site in a
22		calendar year, the owner or operator shall either pay a fee
23		of 95 cents per cubic yard or, alternatively, the owner or
24		operator may weigh the quantity of the solid waste
25		permanently disposed of with a device for which
26		certification has been obtained under the Weights and

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1		Measures Act and pay a fee of $2.00 per ton of solid waste
2		permanently disposed of. In no case shall the fee collected
3		or paid by the owner or operator under this paragraph
4		exceed $1.55 per cubic yard or $3.27 per ton.
5		(2) If more than 100,000 cubic yards but not more than
6		150,000 cubic yards of non-hazardous waste is permanently
7		disposed of at a site in a calendar year, the owner or
8		operator shall pay a fee of $52,630.
9		(3) If more than 50,000 cubic yards but not more than
10		100,000 cubic yards of non-hazardous solid waste is
11		permanently disposed of at a site in a calendar year, the
12		owner or operator shall pay a fee of $23,790.
13		(4) If more than 10,000 cubic yards but not more than
14		50,000 cubic yards of non-hazardous solid waste is
15		permanently disposed of at a site in a calendar year, the
16		owner or operator shall pay a fee of $7,260.
17		(5) If not more than 10,000 cubic yards of
18		non-hazardous solid waste is permanently disposed of at a
19		site in a calendar year, the owner or operator shall pay a
20		fee of $1050.
21		(c) (Blank).
22		(d) The Agency shall establish rules relating to the
23		collection of the fees authorized by this Section. Such rules
24		shall include, but not be limited to:
25		(1) necessary records identifying the quantities of
26		solid waste received or disposed;

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1		(2) the form and submission of reports to accompany the
2		payment of fees to the Agency;
3		(3) the time and manner of payment of fees to the
4		Agency, which payments shall not be more often than
5		quarterly; and
6		(4) procedures setting forth criteria establishing
7		when an owner or operator may measure by weight or volume
8		during any given quarter or other fee payment period.
9		(e) Pursuant to appropriation, all monies in the Solid
10		Waste Management Fund shall be used by the Agency and the
11		Department of Commerce and Economic Opportunity for the
12		purposes set forth in this Section and in the Illinois Solid
13		Waste Management Act, including for the costs of fee collection
14		and administration, and for the administration of (1) the
15		Consumer Electronics Recycling Act and (2) until January 1,
16		2020, the Electronic Products Recycling and Reuse Act.
17		(f) The Agency is authorized to enter into such agreements
18		and to promulgate such rules as are necessary to carry out its
19		duties under this Section and the Illinois Solid Waste
20		Management Act.
21		(g) On the first day of January, April, July, and October
22		of each year, beginning on July 1, 1996, the State Comptroller
23		and Treasurer shall transfer $500,000 from the Solid Waste
24		Management Fund to the Hazardous Waste Fund. Moneys transferred
25		under this subsection (g) shall be used only for the purposes
26		set forth in item (1) of subsection (d) of Section 22.2.

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1		(h) The Agency is authorized to provide financial
2		assistance to units of local government for the performance of
3		inspecting, investigating and enforcement activities pursuant
4		to Section 4(r) at nonhazardous solid waste disposal sites.
5		(i) The Agency is authorized to conduct household waste
6		collection and disposal programs.
7		(j) A unit of local government, as defined in the Local
8		Solid Waste Disposal Act, in which a solid waste disposal
9		facility is located may establish a fee, tax, or surcharge with
10		regard to the permanent disposal of solid waste. All fees,
11		taxes, and surcharges collected under this subsection shall be
12		utilized for solid waste management purposes, including
13		long-term monitoring and maintenance of landfills, planning,
14		implementation, inspection, enforcement and other activities
15		consistent with the Solid Waste Management Act and the Local
16		Solid Waste Disposal Act, or for any other environment-related
17		purpose, including but not limited to an environment-related
18		public works project, but not for the construction of a new
19		pollution control facility other than a household hazardous
20		waste facility. However, the total fee, tax or surcharge
21		imposed by all units of local government under this subsection
22		(j) upon the solid waste disposal facility shall not exceed:
23		(1) 60¢ per cubic yard if more than 150,000 cubic yards
24		of non-hazardous solid waste is permanently disposed of at
25		the site in a calendar year, unless the owner or operator
26		weighs the quantity of the solid waste received with a

HB3342 Enrolled - 364 - LRB100 08528 SMS 18653 b
1		device for which certification has been obtained under the
2		Weights and Measures Act, in which case the fee shall not
3		exceed $1.27 per ton of solid waste permanently disposed
4		of.
5		(2) $33,350 if more than 100,000 cubic yards, but not
6		more than 150,000 cubic yards, of non-hazardous waste is
7		permanently disposed of at the site in a calendar year.
8		(3) $15,500 if more than 50,000 cubic yards, but not
9		more than 100,000 cubic yards, of non-hazardous solid waste
10		is permanently disposed of at the site in a calendar year.
11		(4) $4,650 if more than 10,000 cubic yards, but not
12		more than 50,000 cubic yards, of non-hazardous solid waste
13		is permanently disposed of at the site in a calendar year.
14		(5) $$650 if not more than 10,000 cubic yards of
15		non-hazardous solid waste is permanently disposed of at the
16		site in a calendar year.
17		The corporate authorities of the unit of local government
18		may use proceeds from the fee, tax, or surcharge to reimburse a
19		highway commissioner whose road district lies wholly or
20		partially within the corporate limits of the unit of local
21		government for expenses incurred in the removal of
22		nonhazardous, nonfluid municipal waste that has been dumped on
23		public property in violation of a State law or local ordinance.
24		A county or Municipal Joint Action Agency that imposes a
25		fee, tax, or surcharge under this subsection may use the
26		proceeds thereof to reimburse a municipality that lies wholly

HB3342 Enrolled - 365 - LRB100 08528 SMS 18653 b
1		or partially within its boundaries for expenses incurred in the
2		removal of nonhazardous, nonfluid municipal waste that has been
3		dumped on public property in violation of a State law or local
4		ordinance.
5		If the fees are to be used to conduct a local sanitary
6		landfill inspection or enforcement program, the unit of local
7		government must enter into a written delegation agreement with
8		the Agency pursuant to subsection (r) of Section 4. The unit of
9		local government and the Agency shall enter into such a written
10		delegation agreement within 60 days after the establishment of
11		such fees. At least annually, the Agency shall conduct an audit
12		of the expenditures made by units of local government from the
13		funds granted by the Agency to the units of local government
14		for purposes of local sanitary landfill inspection and
15		enforcement programs, to ensure that the funds have been
16		expended for the prescribed purposes under the grant.
17		The fees, taxes or surcharges collected under this
18		subsection (j) shall be placed by the unit of local government
19		in a separate fund, and the interest received on the moneys in
20		the fund shall be credited to the fund. The monies in the fund
21		may be accumulated over a period of years to be expended in
22		accordance with this subsection.
23		A unit of local government, as defined in the Local Solid
24		Waste Disposal Act, shall prepare and distribute to the Agency,
25		in April of each year, a report that details spending plans for
26		monies collected in accordance with this subsection. The report

HB3342 Enrolled - 366 - LRB100 08528 SMS 18653 b
1		will at a minimum include the following:
2		(1) The total monies collected pursuant to this
3		subsection.
4		(2) The most current balance of monies collected
5		pursuant to this subsection.
6		(3) An itemized accounting of all monies expended for
7		the previous year pursuant to this subsection.
8		(4) An estimation of monies to be collected for the
9		following 3 years pursuant to this subsection.
10		(5) A narrative detailing the general direction and
11		scope of future expenditures for one, 2 and 3 years.
12		The exemptions granted under Sections 22.16 and 22.16a, and
13		under subsection (k) of this Section, shall be applicable to
14		any fee, tax or surcharge imposed under this subsection (j);
15		except that the fee, tax or surcharge authorized to be imposed
16		under this subsection (j) may be made applicable by a unit of
17		local government to the permanent disposal of solid waste after
18		December 31, 1986, under any contract lawfully executed before
19		June 1, 1986 under which more than 150,000 cubic yards (or
20		50,000 tons) of solid waste is to be permanently disposed of,
21		even though the waste is exempt from the fee imposed by the
22		State under subsection (b) of this Section pursuant to an
23		exemption granted under Section 22.16.
24		(k) In accordance with the findings and purposes of the
25		Illinois Solid Waste Management Act, beginning January 1, 1989
26		the fee under subsection (b) and the fee, tax or surcharge

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1		under subsection (j) shall not apply to:
2		(1) waste Waste which is hazardous waste; or
3		(2) waste Waste which is pollution control waste; or
4		(3) waste Waste from recycling, reclamation or reuse
5		processes which have been approved by the Agency as being
6		designed to remove any contaminant from wastes so as to
7		render such wastes reusable, provided that the process
8		renders at least 50% of the waste reusable; or
9		(4) non-hazardous Non-hazardous solid waste that is
10		received at a sanitary landfill and composted or recycled
11		through a process permitted by the Agency; or
12		(5) any Any landfill which is permitted by the Agency
13		to receive only demolition or construction debris or
14		landscape waste.
15		(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
16		revised 9-29-17.)
17		(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
18		Sec. 55.6. Used Tire Management Fund.
19		(a) There is hereby created in the State Treasury a special
20		fund to be known as the Used Tire Management Fund. There shall
21		be deposited into the Fund all monies received as (1) recovered
22		costs or proceeds from the sale of used tires under Section
23		55.3 of this Act, (2) repayment of loans from the Used Tire
24		Management Fund, or (3) penalties or punitive damages for
25		violations of this Title, except as provided by subdivision

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1		(b)(4) or (b)(4-5) of Section 42.
2		(b) Beginning January 1, 1992, in addition to any other
3		fees required by law, the owner or operator of each site
4		required to be registered or permitted under subsection (d) or
5		(d-5) of Section 55 shall pay to the Agency an annual fee of
6		$100. Fees collected under this subsection shall be deposited
7		into the Environmental Protection Permit and Inspection Fund.
8		(c) Pursuant to appropriation, monies up to an amount of $4
9		million per fiscal year from the Used Tire Management Fund
10		shall be allocated as follows:
11		(1) 38% shall be available to the Agency for the
12		following purposes, provided that priority shall be given
13		to item (i):
14		(i) To undertake preventive, corrective or removal
15		action as authorized by and in accordance with Section
16		55.3, and to recover costs in accordance with Section
17		55.3.
18		(ii) For the performance of inspection and
19		enforcement activities for used and waste tire sites.
20		(iii) (Blank).
21		(iv) To provide financial assistance to units of
22		local government for the performance of inspecting,
23		investigating and enforcement activities pursuant to
24		subsection (r) of Section 4 at used and waste tire
25		sites.
26		(v) To provide financial assistance for used and

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1		waste tire collection projects sponsored by local
2		government or not-for-profit corporations.
3		(vi) For the costs of fee collection and
4		administration relating to used and waste tires, and to
5		accomplish such other purposes as are authorized by
6		this Act and regulations thereunder.
7		(vii) To provide financial assistance to units of
8		local government and private industry for the purposes
9		of:
10		(A) assisting in the establishment of
11		facilities and programs to collect, process, and
12		utilize used and waste tires and tire-derived
13		materials;
14		(B) demonstrating the feasibility of
15		innovative technologies as a means of collecting,
16		storing, processing, and utilizing used and waste
17		tires and tire-derived materials; and
18		(C) applying demonstrated technologies as a
19		means of collecting, storing, processing, and
20		utilizing used and waste tires and tire-derived
21		materials.
22		(2) For fiscal years beginning prior to July 1, 2004,
23		23% shall be available to the Department of Commerce and
24		Economic Opportunity for the following purposes, provided
25		that priority shall be given to item (A):
26		(A) To provide grants or loans for the purposes of:

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1		(i) assisting units of local government and
2		private industry in the establishment of
3		facilities and programs to collect, process and
4		utilize used and waste tires and tire derived
5		materials;
6		(ii) demonstrating the feasibility of
7		innovative technologies as a means of collecting,
8		storing, processing and utilizing used and waste
9		tires and tire derived materials; and
10		(iii) applying demonstrated technologies as a
11		means of collecting, storing, processing, and
12		utilizing used and waste tires and tire derived
13		materials.
14		(B) To develop educational material for use by
15		officials and the public to better understand and
16		respond to the problems posed by used tires and
17		associated insects.
18		(C) (Blank).
19		(D) To perform such research as the Director deems
20		appropriate to help meet the purposes of this Act.
21		(E) To pay the costs of administration of its
22		activities authorized under this Act.
23		(2.1) For the fiscal year beginning July 1, 2004 and
24		for all fiscal years thereafter, 23% shall be deposited
25		into the General Revenue Fund. For fiscal year 2019 only,
26		such transfers are at the direction of the Department of

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1		Revenue, and shall be made within 30 days after the end of
2		each quarter.
3		(3) 25% shall be available to the Illinois Department
4		of Public Health for the following purposes:
5		(A) To investigate threats or potential threats to
6		the public health related to mosquitoes and other
7		vectors of disease associated with the improper
8		storage, handling and disposal of tires, improper
9		waste disposal, or natural conditions.
10		(B) To conduct surveillance and monitoring
11		activities for mosquitoes and other arthropod vectors
12		of disease, and surveillance of animals which provide a
13		reservoir for disease-producing organisms.
14		(C) To conduct training activities to promote
15		vector control programs and integrated pest management
16		as defined in the Vector Control Act.
17		(D) To respond to inquiries, investigate
18		complaints, conduct evaluations and provide technical
19		consultation to help reduce or eliminate public health
20		hazards and nuisance conditions associated with
21		mosquitoes and other vectors.
22		(E) To provide financial assistance to units of
23		local government for training, investigation and
24		response to public nuisances associated with
25		mosquitoes and other vectors of disease.
26		(4) 2% shall be available to the Department of

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1		Agriculture for its activities under the Illinois
2		Pesticide Act relating to used and waste tires.
3		(5) 2% shall be available to the Pollution Control
4		Board for administration of its activities relating to used
5		and waste tires.
6		(6) 10% shall be available to the University of
7		Illinois for the Prairie Research Institute to perform
8		research to study the biology, distribution, population
9		ecology, and biosystematics of tire-breeding arthropods,
10		especially mosquitoes, and the diseases they spread.
11		(d) By January 1, 1998, and biennially thereafter, each
12		State agency receiving an appropriation from the Used Tire
13		Management Fund shall report to the Governor and the General
14		Assembly on its activities relating to the Fund.
15		(e) Any monies appropriated from the Used Tire Management
16		Fund, but not obligated, shall revert to the Fund.
17		(f) In administering the provisions of subdivisions (1),
18		(2) and (3) of subsection (c) of this Section, the Agency, the
19		Department of Commerce and Economic Opportunity, and the
20		Illinois Department of Public Health shall ensure that
21		appropriate funding assistance is provided to any municipality
22		with a population over 1,000,000 or to any sanitary district
23		which serves a population over 1,000,000.
24		(g) Pursuant to appropriation, monies in excess of $4
25		million per fiscal year from the Used Tire Management Fund
26		shall be used as follows:

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1		(1) 55% shall be available to the Agency for the
2		following purposes, provided that priority shall be given
3		to subparagraph (A):
4		(A) To undertake preventive, corrective or renewed
5		action as authorized by and in accordance with Section
6		55.3 and to recover costs in accordance with Section
7		55.3.
8		(B) To provide financial assistance to units of
9		local government and private industry for the purposes
10		of:
11		(i) assisting in the establishment of
12		facilities and programs to collect, process, and
13		utilize used and waste tires and tire-derived
14		materials;
15		(ii) demonstrating the feasibility of
16		innovative technologies as a means of collecting,
17		storing, processing, and utilizing used and waste
18		tires and tire-derived materials; and
19		(iii) applying demonstrated technologies as a
20		means of collecting, storing, processing, and
21		utilizing used and waste tires and tire-derived
22		materials.
23		(C) To provide grants to public universities for
24		vector-related research, disease-related research, and
25		for related laboratory-based equipment and field-based
26		equipment.

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1		(2) For fiscal years beginning prior to July 1, 2004,
2		45% shall be available to the Department of Commerce and
3		Economic Opportunity to provide grants or loans for the
4		purposes of:
5		(i) assisting units of local government and
6		private industry in the establishment of facilities
7		and programs to collect, process and utilize waste
8		tires and tire derived material;
9		(ii) demonstrating the feasibility of innovative
10		technologies as a means of collecting, storing,
11		processing, and utilizing used and waste tires and tire
12		derived materials; and
13		(iii) applying demonstrated technologies as a
14		means of collecting, storing, processing, and
15		utilizing used and waste tires and tire derived
16		materials.
17		(3) For the fiscal year beginning July 1, 2004 and for
18		all fiscal years thereafter, 45% shall be deposited into
19		the General Revenue Fund. For fiscal year 2019 only, such
20		transfers are at the direction of the Department of
21		Revenue, and shall be made within 30 days after the end of
22		each quarter.
23		(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
24		revised 10-2-17.)
25		(415 ILCS 5/57.11)

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1		Sec. 57.11. Underground Storage Tank Fund; creation.
2		(a) There is hereby created in the State Treasury a special
3		fund to be known as the Underground Storage Tank Fund. There
4		shall be deposited into the Underground Storage Tank Fund all
5		monies received by the Office of the State Fire Marshal as fees
6		for underground storage tanks under Sections 4 and 5 of the
7		Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law,
8		and beginning July 1, 2013, payments pursuant to the Use Tax
9		Act, the Service Use Tax Act, the Service Occupation Tax Act,
10		and the Retailers' Occupation Tax Act. All amounts held in the
11		Underground Storage Tank Fund shall be invested at interest by
12		the State Treasurer. All income earned from the investments
13		shall be deposited into the Underground Storage Tank Fund no
14		less frequently than quarterly. In addition to any other
15		transfers that may be provided for by law, beginning on July 1,
16		2018 and on the first day of each month thereafter during
17		fiscal year 2019 only, the State Comptroller shall direct and
18		the State Treasurer shall transfer an amount equal to 1/12 of
19		$10,000,000 from the Underground Storage Tank Fund to the
20		General Revenue Fund. Moneys in the Underground Storage Tank
21		Fund, pursuant to appropriation, may be used by the Agency and
22		the Office of the State Fire Marshal for the following
23		purposes:
24		(1) To take action authorized under Section 57.12 to
25		recover costs under Section 57.12.
26		(2) To assist in the reduction and mitigation of damage

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1		caused by leaks from underground storage tanks, including
2		but not limited to, providing alternative water supplies to
3		persons whose drinking water has become contaminated as a
4		result of those leaks.
5		(3) To be used as a matching amount towards federal
6		assistance relative to the release of petroleum from
7		underground storage tanks.
8		(4) For the costs of administering activities of the
9		Agency and the Office of the State Fire Marshal relative to
10		the Underground Storage Tank Fund.
11		(5) For payment of costs of corrective action incurred
12		by and indemnification to operators of underground storage
13		tanks as provided in this Title.
14		(6) For a total of 2 demonstration projects in amounts
15		in excess of a $10,000 deductible charge designed to assess
16		the viability of corrective action projects at sites which
17		have experienced contamination from petroleum releases.
18		Such demonstration projects shall be conducted in
19		accordance with the provision of this Title.
20		(7) Subject to appropriation, moneys in the
21		Underground Storage Tank Fund may also be used by the
22		Department of Revenue for the costs of administering its
23		activities relative to the Fund and for refunds provided
24		for in Section 13a.8 of the Motor Fuel Tax Act.
25		(b) Moneys in the Underground Storage Tank Fund may,
26		pursuant to appropriation, be used by the Office of the State

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1		Fire Marshal or the Agency to take whatever emergency action is
2		necessary or appropriate to assure that the public health or
3		safety is not threatened whenever there is a release or
4		substantial threat of a release of petroleum from an
5		underground storage tank and for the costs of administering its
6		activities relative to the Underground Storage Tank Fund.
7		(c) Beginning July 1, 1993, the Governor shall certify to
8		the State Comptroller and State Treasurer the monthly amount
9		necessary to pay debt service on State obligations issued
10		pursuant to Section 6 of the General Obligation Bond Act. On
11		the last day of each month, the Comptroller shall order
12		transferred and the Treasurer shall transfer from the
13		Underground Storage Tank Fund to the General Obligation Bond
14		Retirement and Interest Fund the amount certified by the
15		Governor, plus any cumulative deficiency in those transfers for
16		prior months.
17		(d) Except as provided in subsection (c) of this Section,
18		the Underground Storage Tank Fund is not subject to
19		administrative charges authorized under Section 8h of the State
20		Finance Act that would in any way transfer any funds from the
21		Underground Storage Tank Fund into any other fund of the State.
22		(e) Each fiscal year, subject to appropriation, the Agency
23		may commit up to $10,000,000 of the moneys in the Underground
24		Storage Tank Fund to the payment of corrective action costs for
25		legacy sites that meet one or more of the following criteria as
26		a result of the underground storage tank release: (i) the

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1		presence of free product, (ii) contamination within a regulated
2		recharge area, a wellhead protection area, or the setback zone
3		of a potable water supply well, (iii) contamination extending
4		beyond the boundaries of the site where the release occurred,
5		or (iv) such other criteria as may be adopted in Agency rules.
6		(1) Fund moneys committed under this subsection (e)
7		shall be held in the Fund for payment of the corrective
8		action costs for which the moneys were committed.
9		(2) The Agency may adopt rules governing the commitment
10		of Fund moneys under this subsection (e).
11		(3) This subsection (e) does not limit the use of Fund
12		moneys at legacy sites as otherwise provided under this
13		Title.
14		(4) For the purposes of this subsection (e), the term
15		"legacy site" means a site for which (i) an underground
16		storage tank release was reported prior to January 1, 2005,
17		(ii) the owner or operator has been determined eligible to
18		receive payment from the Fund for corrective action costs,
19		and (iii) the Agency did not receive any applications for
20		payment prior to January 1, 2010.
21		(f) Beginning July 1, 2013, if the amounts deposited into
22		the Fund from moneys received by the Office of the State Fire
23		Marshal as fees for underground storage tanks under Sections 4
24		and 5 of the Gasoline Storage Act and as fees pursuant to the
25		Motor Fuel Tax Law during a State fiscal year are sufficient to
26		pay all claims for payment by the fund received during that

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1		State fiscal year, then the amount of any payments into the
2		fund pursuant to the Use Tax Act, the Service Use Tax Act, the
3		Service Occupation Tax Act, and the Retailers' Occupation Tax
4		Act during that State fiscal year shall be deposited as
5		follows: 75% thereof shall be paid into the State treasury and
6		25% shall be reserved in a special account and used only for
7		the transfer to the Common School Fund as part of the monthly
8		transfer from the General Revenue Fund in accordance with
9		Section 8a of the State Finance Act.
10		(Source: P.A. 98-109, eff. 7-25-13.)
11		ARTICLE 55. RETIREMENT CONTRIBUTIONS
12		Section 55-5. The State Finance Act is amended by changing
13		Sections 8.12 and 14.1 as follows:
14		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
15		Sec. 8.12. State Pensions Fund.
16		(a) The moneys in the State Pensions Fund shall be used
17		exclusively for the administration of the Revised Uniform
18		Unclaimed Property Act and for the expenses incurred by the
19		Auditor General for administering the provisions of Section
20		2-8.1 of the Illinois State Auditing Act and for operational
21		expenses of the Office of the State Treasurer and for the
22		funding of the unfunded liabilities of the designated
23		retirement systems. Beginning in State fiscal year 2020 2019,

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1		payments to the designated retirement systems under this
2		Section shall be in addition to, and not in lieu of, any State
3		contributions required under the Illinois Pension Code.
4		"Designated retirement systems" means:
5		(1) the State Employees' Retirement System of
6		Illinois;
7		(2) the Teachers' Retirement System of the State of
8		Illinois;
9		(3) the State Universities Retirement System;
10		(4) the Judges Retirement System of Illinois; and
11		(5) the General Assembly Retirement System.
12		(b) Each year the General Assembly may make appropriations
13		from the State Pensions Fund for the administration of the
14		Revised Uniform Unclaimed Property Act.
15		(c) As soon as possible after July 30, 2004 (the effective
16		date of Public Act 93-839) this amendatory Act of the 93rd
17		General Assembly, the General Assembly shall appropriate from
18		the State Pensions Fund (1) to the State Universities
19		Retirement System the amount certified under Section 15-165
20		during the prior year, (2) to the Judges Retirement System of
21		Illinois the amount certified under Section 18-140 during the
22		prior year, and (3) to the General Assembly Retirement System
23		the amount certified under Section 2-134 during the prior year
24		as part of the required State contributions to each of those
25		designated retirement systems; except that amounts
26		appropriated under this subsection (c) in State fiscal year

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1		2005 shall not reduce the amount in the State Pensions Fund
2		below $5,000,000. If the amount in the State Pensions Fund does
3		not exceed the sum of the amounts certified in Sections 15-165,
4		18-140, and 2-134 by at least $5,000,000, the amount paid to
5		each designated retirement system under this subsection shall
6		be reduced in proportion to the amount certified by each of
7		those designated retirement systems.
8		(c-5) For fiscal years 2006 through 2019 2018, the General
9		Assembly shall appropriate from the State Pensions Fund to the
10		State Universities Retirement System the amount estimated to be
11		available during the fiscal year in the State Pensions Fund;
12		provided, however, that the amounts appropriated under this
13		subsection (c-5) shall not reduce the amount in the State
14		Pensions Fund below $5,000,000.
15		(c-6) For fiscal year 2020 2019 and each fiscal year
16		thereafter, as soon as may be practical after any money is
17		deposited into the State Pensions Fund from the Unclaimed
18		Property Trust Fund, the State Treasurer shall apportion the
19		deposited amount among the designated retirement systems as
20		defined in subsection (a) to reduce their actuarial reserve
21		deficiencies. The State Comptroller and State Treasurer shall
22		pay the apportioned amounts to the designated retirement
23		systems to fund the unfunded liabilities of the designated
24		retirement systems. The amount apportioned to each designated
25		retirement system shall constitute a portion of the amount
26		estimated to be available for appropriation from the State

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1		Pensions Fund that is the same as that retirement system's
2		portion of the total actual reserve deficiency of the systems,
3		as determined annually by the Governor's Office of Management
4		and Budget at the request of the State Treasurer. The amounts
5		apportioned under this subsection shall not reduce the amount
6		in the State Pensions Fund below $5,000,000.
7		(d) The Governor's Office of Management and Budget shall
8		determine the individual and total reserve deficiencies of the
9		designated retirement systems. For this purpose, the
10		Governor's Office of Management and Budget shall utilize the
11		latest available audit and actuarial reports of each of the
12		retirement systems and the relevant reports and statistics of
13		the Public Employee Pension Fund Division of the Department of
14		Insurance.
15		(d-1) As soon as practicable after March 5, 2004 (the
16		effective date of Public Act 93-665) this amendatory Act of the
17		93rd General Assembly, the Comptroller shall direct and the
18		Treasurer shall transfer from the State Pensions Fund to the
19		General Revenue Fund, as funds become available, a sum equal to
20		the amounts that would have been paid from the State Pensions
21		Fund to the Teachers' Retirement System of the State of
22		Illinois, the State Universities Retirement System, the Judges
23		Retirement System of Illinois, the General Assembly Retirement
24		System, and the State Employees' Retirement System of Illinois
25		after March 5, 2004 (the effective date of Public Act 93-665)
26		this amendatory Act during the remainder of fiscal year 2004 to

HB3342 Enrolled - 383 - LRB100 08528 SMS 18653 b
1		the designated retirement systems from the appropriations
2		provided for in this Section if the transfers provided in
3		Section 6z-61 had not occurred. The transfers described in this
4		subsection (d-1) are to partially repay the General Revenue
5		Fund for the costs associated with the bonds used to fund the
6		moneys transferred to the designated retirement systems under
7		Section 6z-61.
8		(e) The changes to this Section made by Public Act 88-593
9		this amendatory Act of 1994 shall first apply to distributions
10		from the Fund for State fiscal year 1996.
11		(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
12		eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised
13		8-8-17.)
14		(30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
15		Sec. 14.1. Appropriations for State contributions to the
16		State Employees' Retirement System; payroll requirements.
17		(a) Appropriations for State contributions to the State
18		Employees' Retirement System of Illinois shall be expended in
19		the manner provided in this Section. Except as otherwise
20		provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
21		time of each payment of salary to an employee under the
22		personal services line item, payment shall be made to the State
23		Employees' Retirement System, from the amount appropriated for
24		State contributions to the State Employees' Retirement System,
25		of an amount calculated at the rate certified for the

HB3342 Enrolled - 384 - LRB100 08528 SMS 18653 b
1		applicable fiscal year by the Board of Trustees of the State
2		Employees' Retirement System under Section 14-135.08 of the
3		Illinois Pension Code. If a line item appropriation to an
4		employer for this purpose is exhausted or is unavailable due to
5		any limitation on appropriations that may apply, (including,
6		but not limited to, limitations on appropriations from the Road
7		Fund under Section 8.3 of the State Finance Act), the amounts
8		shall be paid under the continuing appropriation for this
9		purpose contained in the State Pension Funds Continuing
10		Appropriation Act.
11		(a-1) Beginning on March 5, 2004 (the effective date of
12		Public Act 93-665) this amendatory Act of the 93rd General
13		Assembly through the payment of the final payroll from fiscal
14		year 2004 appropriations, appropriations for State
15		contributions to the State Employees' Retirement System of
16		Illinois shall be expended in the manner provided in this
17		subsection (a-1). At the time of each payment of salary to an
18		employee under the personal services line item from a fund
19		other than the General Revenue Fund, payment shall be made for
20		deposit into the General Revenue Fund from the amount
21		appropriated for State contributions to the State Employees'
22		Retirement System of an amount calculated at the rate certified
23		for fiscal year 2004 by the Board of Trustees of the State
24		Employees' Retirement System under Section 14-135.08 of the
25		Illinois Pension Code. This payment shall be made to the extent
26		that a line item appropriation to an employer for this purpose

HB3342 Enrolled - 385 - LRB100 08528 SMS 18653 b
1		is available or unexhausted. No payment from appropriations for
2		State contributions shall be made in conjunction with payment
3		of salary to an employee under the personal services line item
4		from the General Revenue Fund.
5		(a-2) For fiscal year 2010 only, at the time of each
6		payment of salary to an employee under the personal services
7		line item from a fund other than the General Revenue Fund,
8		payment shall be made for deposit into the State Employees'
9		Retirement System of Illinois from the amount appropriated for
10		State contributions to the State Employees' Retirement System
11		of Illinois of an amount calculated at the rate certified for
12		fiscal year 2010 by the Board of Trustees of the State
13		Employees' Retirement System of Illinois under Section
14		14-135.08 of the Illinois Pension Code. This payment shall be
15		made to the extent that a line item appropriation to an
16		employer for this purpose is available or unexhausted. For
17		fiscal year 2010 only, no payment from appropriations for State
18		contributions shall be made in conjunction with payment of
19		salary to an employee under the personal services line item
20		from the General Revenue Fund.
21		(a-3) For fiscal year 2011 only, at the time of each
22		payment of salary to an employee under the personal services
23		line item from a fund other than the General Revenue Fund,
24		payment shall be made for deposit into the State Employees'
25		Retirement System of Illinois from the amount appropriated for
26		State contributions to the State Employees' Retirement System

HB3342 Enrolled - 386 - LRB100 08528 SMS 18653 b
1		of Illinois of an amount calculated at the rate certified for
2		fiscal year 2011 by the Board of Trustees of the State
3		Employees' Retirement System of Illinois under Section
4		14-135.08 of the Illinois Pension Code. This payment shall be
5		made to the extent that a line item appropriation to an
6		employer for this purpose is available or unexhausted. For
7		fiscal year 2011 only, no payment from appropriations for State
8		contributions shall be made in conjunction with payment of
9		salary to an employee under the personal services line item
10		from the General Revenue Fund.
11		(a-4) In fiscal years 2012 through 2019 2018 only, at the
12		time of each payment of salary to an employee under the
13		personal services line item from a fund other than the General
14		Revenue Fund, payment shall be made for deposit into the State
15		Employees' Retirement System of Illinois from the amount
16		appropriated for State contributions to the State Employees'
17		Retirement System of Illinois of an amount calculated at the
18		rate certified for the applicable fiscal year by the Board of
19		Trustees of the State Employees' Retirement System of Illinois
20		under Section 14-135.08 of the Illinois Pension Code. In fiscal
21		years 2012 through 2019 2018 only, no payment from
22		appropriations for State contributions shall be made in
23		conjunction with payment of salary to an employee under the
24		personal services line item from the General Revenue Fund.
25		(b) Except during the period beginning on March 5, 2004
26		(the effective date of Public Act 93-665) this amendatory Act

HB3342 Enrolled - 387 - LRB100 08528 SMS 18653 b
1		of the 93rd General Assembly and ending at the time of the
2		payment of the final payroll from fiscal year 2004
3		appropriations, the State Comptroller shall not approve for
4		payment any payroll voucher that (1) includes payments of
5		salary to eligible employees in the State Employees' Retirement
6		System of Illinois and (2) does not include the corresponding
7		payment of State contributions to that retirement system at the
8		full rate certified under Section 14-135.08 for that fiscal
9		year for eligible employees, unless the balance in the fund on
10		which the payroll voucher is drawn is insufficient to pay the
11		total payroll voucher, or unavailable due to any limitation on
12		appropriations that may apply, including, but not limited to,
13		limitations on appropriations from the Road Fund under Section
14		8.3 of the State Finance Act. If the State Comptroller approves
15		a payroll voucher under this Section for which the fund balance
16		is insufficient to pay the full amount of the required State
17		contribution to the State Employees' Retirement System, the
18		Comptroller shall promptly so notify the Retirement System.
19		(b-1) For fiscal year 2010 and fiscal year 2011 only, the
20		State Comptroller shall not approve for payment any non-General
21		Revenue Fund payroll voucher that (1) includes payments of
22		salary to eligible employees in the State Employees' Retirement
23		System of Illinois and (2) does not include the corresponding
24		payment of State contributions to that retirement system at the
25		full rate certified under Section 14-135.08 for that fiscal
26		year for eligible employees, unless the balance in the fund on

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1		which the payroll voucher is drawn is insufficient to pay the
2		total payroll voucher, or unavailable due to any limitation on
3		appropriations that may apply, including, but not limited to,
4		limitations on appropriations from the Road Fund under Section
5		8.3 of the State Finance Act. If the State Comptroller approves
6		a payroll voucher under this Section for which the fund balance
7		is insufficient to pay the full amount of the required State
8		contribution to the State Employees' Retirement System of
9		Illinois, the Comptroller shall promptly so notify the
10		retirement system.
11		(c) Notwithstanding any other provisions of law, beginning
12		July 1, 2007, required State and employee contributions to the
13		State Employees' Retirement System of Illinois relating to
14		affected legislative staff employees shall be paid out of
15		moneys appropriated for that purpose to the Commission on
16		Government Forecasting and Accountability, rather than out of
17		the lump-sum appropriations otherwise made for the payroll and
18		other costs of those employees.
19		These payments must be made pursuant to payroll vouchers
20		submitted by the employing entity as part of the regular
21		payroll voucher process.
22		For the purpose of this subsection, "affected legislative
23		staff employees" means legislative staff employees paid out of
24		lump-sum appropriations made to the General Assembly, an
25		Officer of the General Assembly, or the Senate Operations
26		Commission, but does not include district-office staff or

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1		employees of legislative support services agencies.
2		(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
3		eff. 7-6-17.)
4		Section 55-10. The Illinois Pension Code is amended by
5		changing Section 14-131 as follows:
6		(40 ILCS 5/14-131)
7		Sec. 14-131. Contributions by State.
8		(a) The State shall make contributions to the System by
9		appropriations of amounts which, together with other employer
10		contributions from trust, federal, and other funds, employee
11		contributions, investment income, and other income, will be
12		sufficient to meet the cost of maintaining and administering
13		the System on a 90% funded basis in accordance with actuarial
14		recommendations.
15		For the purposes of this Section and Section 14-135.08,
16		references to State contributions refer only to employer
17		contributions and do not include employee contributions that
18		are picked up or otherwise paid by the State or a department on
19		behalf of the employee.
20		(b) The Board shall determine the total amount of State
21		contributions required for each fiscal year on the basis of the
22		actuarial tables and other assumptions adopted by the Board,
23		using the formula in subsection (e).
24		The Board shall also determine a State contribution rate

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1		for each fiscal year, expressed as a percentage of payroll,
2		based on the total required State contribution for that fiscal
3		year (less the amount received by the System from
4		appropriations under Section 8.12 of the State Finance Act and
5		Section 1 of the State Pension Funds Continuing Appropriation
6		Act, if any, for the fiscal year ending on the June 30
7		immediately preceding the applicable November 15 certification
8		deadline), the estimated payroll (including all forms of
9		compensation) for personal services rendered by eligible
10		employees, and the recommendations of the actuary.
11		For the purposes of this Section and Section 14.1 of the
12		State Finance Act, the term "eligible employees" includes
13		employees who participate in the System, persons who may elect
14		to participate in the System but have not so elected, persons
15		who are serving a qualifying period that is required for
16		participation, and annuitants employed by a department as
17		described in subdivision (a)(1) or (a)(2) of Section 14-111.
18		(c) Contributions shall be made by the several departments
19		for each pay period by warrants drawn by the State Comptroller
20		against their respective funds or appropriations based upon
21		vouchers stating the amount to be so contributed. These amounts
22		shall be based on the full rate certified by the Board under
23		Section 14-135.08 for that fiscal year. From March 5, 2004 (the
24		effective date of Public Act 93-665) this amendatory Act of the
25		93rd General Assembly through the payment of the final payroll
26		from fiscal year 2004 appropriations, the several departments

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1		shall not make contributions for the remainder of fiscal year
2		2004 but shall instead make payments as required under
3		subsection (a-1) of Section 14.1 of the State Finance Act. The
4		several departments shall resume those contributions at the
5		commencement of fiscal year 2005.
6		(c-1) Notwithstanding subsection (c) of this Section, for
7		fiscal years 2010, 2012, 2013, 2014, 2015, 2016, 2017, and
8		2018, and 2019 only, contributions by the several departments
9		are not required to be made for General Revenue Funds payrolls
10		processed by the Comptroller. Payrolls paid by the several
11		departments from all other State funds must continue to be
12		processed pursuant to subsection (c) of this Section.
13		(c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
14		2016, 2017, and 2018, and 2019 only, on or as soon as possible
15		after the 15th day of each month, the Board shall submit
16		vouchers for payment of State contributions to the System, in a
17		total monthly amount of one-twelfth of the fiscal year General
18		Revenue Fund contribution as certified by the System pursuant
19		to Section 14-135.08 of the Illinois Pension Code.
20		(d) If an employee is paid from trust funds or federal
21		funds, the department or other employer shall pay employer
22		contributions from those funds to the System at the certified
23		rate, unless the terms of the trust or the federal-State
24		agreement preclude the use of the funds for that purpose, in
25		which case the required employer contributions shall be paid by
26		the State. From March 5, 2004 (the effective date of Public Act

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1		93-665) this amendatory Act of the 93rd General Assembly
2		through the payment of the final payroll from fiscal year 2004
3		appropriations, the department or other employer shall not pay
4		contributions for the remainder of fiscal year 2004 but shall
5		instead make payments as required under subsection (a-1) of
6		Section 14.1 of the State Finance Act. The department or other
7		employer shall resume payment of contributions at the
8		commencement of fiscal year 2005.
9		(e) For State fiscal years 2012 through 2045, the minimum
10		contribution to the System to be made by the State for each
11		fiscal year shall be an amount determined by the System to be
12		sufficient to bring the total assets of the System up to 90% of
13		the total actuarial liabilities of the System by the end of
14		State fiscal year 2045. In making these determinations, the
15		required State contribution shall be calculated each year as a
16		level percentage of payroll over the years remaining to and
17		including fiscal year 2045 and shall be determined under the
18		projected unit credit actuarial cost method.
19		A change in an actuarial or investment assumption that
20		increases or decreases the required State contribution and
21		first applies in State fiscal year 2018 or thereafter shall be
22		implemented in equal annual amounts over a 5-year period
23		beginning in the State fiscal year in which the actuarial
24		change first applies to the required State contribution.
25		A change in an actuarial or investment assumption that
26		increases or decreases the required State contribution and

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1		first applied to the State contribution in fiscal year 2014,
2		2015, 2016, or 2017 shall be implemented:
3		(i) as already applied in State fiscal years before
4		2018; and
5		(ii) in the portion of the 5-year period beginning in
6		the State fiscal year in which the actuarial change first
7		applied that occurs in State fiscal year 2018 or
8		thereafter, by calculating the change in equal annual
9		amounts over that 5-year period and then implementing it at
10		the resulting annual rate in each of the remaining fiscal
11		years in that 5-year period.
12		For State fiscal years 1996 through 2005, the State
13		contribution to the System, as a percentage of the applicable
14		employee payroll, shall be increased in equal annual increments
15		so that by State fiscal year 2011, the State is contributing at
16		the rate required under this Section; except that (i) for State
17		fiscal year 1998, for all purposes of this Code and any other
18		law of this State, the certified percentage of the applicable
19		employee payroll shall be 5.052% for employees earning eligible
20		creditable service under Section 14-110 and 6.500% for all
21		other employees, notwithstanding any contrary certification
22		made under Section 14-135.08 before July 7, 1997 (the effective
23		date of Public Act 90-65) this amendatory Act of 1997, and (ii)
24		in the following specified State fiscal years, the State
25		contribution to the System shall not be less than the following
26		indicated percentages of the applicable employee payroll, even

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1		if the indicated percentage will produce a State contribution
2		in excess of the amount otherwise required under this
3		subsection and subsection (a): 9.8% in FY 1999; 10.0% in FY
4		2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; and
5		10.8% in FY 2004.
6		Notwithstanding any other provision of this Article, the
7		total required State contribution to the System for State
8		fiscal year 2006 is $203,783,900.
9		Notwithstanding any other provision of this Article, the
10		total required State contribution to the System for State
11		fiscal year 2007 is $344,164,400.
12		For each of State fiscal years 2008 through 2009, the State
13		contribution to the System, as a percentage of the applicable
14		employee payroll, shall be increased in equal annual increments
15		from the required State contribution for State fiscal year
16		2007, so that by State fiscal year 2011, the State is
17		contributing at the rate otherwise required under this Section.
18		Notwithstanding any other provision of this Article, the
19		total required State General Revenue Fund contribution for
20		State fiscal year 2010 is $723,703,100 and shall be made from
21		the proceeds of bonds sold in fiscal year 2010 pursuant to
22		Section 7.2 of the General Obligation Bond Act, less (i) the
23		pro rata share of bond sale expenses determined by the System's
24		share of total bond proceeds, (ii) any amounts received from
25		the General Revenue Fund in fiscal year 2010, and (iii) any
26		reduction in bond proceeds due to the issuance of discounted

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1		bonds, if applicable.
2		Notwithstanding any other provision of this Article, the
3		total required State General Revenue Fund contribution for
4		State fiscal year 2011 is the amount recertified by the System
5		on or before April 1, 2011 pursuant to Section 14-135.08 and
6		shall be made from the proceeds of bonds sold in fiscal year
7		2011 pursuant to Section 7.2 of the General Obligation Bond
8		Act, less (i) the pro rata share of bond sale expenses
9		determined by the System's share of total bond proceeds, (ii)
10		any amounts received from the General Revenue Fund in fiscal
11		year 2011, and (iii) any reduction in bond proceeds due to the
12		issuance of discounted bonds, if applicable.
13		Beginning in State fiscal year 2046, the minimum State
14		contribution for each fiscal year shall be the amount needed to
15		maintain the total assets of the System at 90% of the total
16		actuarial liabilities of the System.
17		Amounts received by the System pursuant to Section 25 of
18		the Budget Stabilization Act or Section 8.12 of the State
19		Finance Act in any fiscal year do not reduce and do not
20		constitute payment of any portion of the minimum State
21		contribution required under this Article in that fiscal year.
22		Such amounts shall not reduce, and shall not be included in the
23		calculation of, the required State contributions under this
24		Article in any future year until the System has reached a
25		funding ratio of at least 90%. A reference in this Article to
26		the "required State contribution" or any substantially similar

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1		term does not include or apply to any amounts payable to the
2		System under Section 25 of the Budget Stabilization Act.
3		Notwithstanding any other provision of this Section, the
4		required State contribution for State fiscal year 2005 and for
5		fiscal year 2008 and each fiscal year thereafter, as calculated
6		under this Section and certified under Section 14-135.08, shall
7		not exceed an amount equal to (i) the amount of the required
8		State contribution that would have been calculated under this
9		Section for that fiscal year if the System had not received any
10		payments under subsection (d) of Section 7.2 of the General
11		Obligation Bond Act, minus (ii) the portion of the State's
12		total debt service payments for that fiscal year on the bonds
13		issued in fiscal year 2003 for the purposes of that Section
14		7.2, as determined and certified by the Comptroller, that is
15		the same as the System's portion of the total moneys
16		distributed under subsection (d) of Section 7.2 of the General
17		Obligation Bond Act. In determining this maximum for State
18		fiscal years 2008 through 2010, however, the amount referred to
19		in item (i) shall be increased, as a percentage of the
20		applicable employee payroll, in equal increments calculated
21		from the sum of the required State contribution for State
22		fiscal year 2007 plus the applicable portion of the State's
23		total debt service payments for fiscal year 2007 on the bonds
24		issued in fiscal year 2003 for the purposes of Section 7.2 of
25		the General Obligation Bond Act, so that, by State fiscal year
26		2011, the State is contributing at the rate otherwise required

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1		under this Section.
2		(f) After the submission of all payments for eligible
3		employees from personal services line items in fiscal year 2004
4		have been made, the Comptroller shall provide to the System a
5		certification of the sum of all fiscal year 2004 expenditures
6		for personal services that would have been covered by payments
7		to the System under this Section if the provisions of Public
8		Act 93-665 this amendatory Act of the 93rd General Assembly had
9		not been enacted. Upon receipt of the certification, the System
10		shall determine the amount due to the System based on the full
11		rate certified by the Board under Section 14-135.08 for fiscal
12		year 2004 in order to meet the State's obligation under this
13		Section. The System shall compare this amount due to the amount
14		received by the System in fiscal year 2004 through payments
15		under this Section and under Section 6z-61 of the State Finance
16		Act. If the amount due is more than the amount received, the
17		difference shall be termed the "Fiscal Year 2004 Shortfall" for
18		purposes of this Section, and the Fiscal Year 2004 Shortfall
19		shall be satisfied under Section 1.2 of the State Pension Funds
20		Continuing Appropriation Act. If the amount due is less than
21		the amount received, the difference shall be termed the "Fiscal
22		Year 2004 Overpayment" for purposes of this Section, and the
23		Fiscal Year 2004 Overpayment shall be repaid by the System to
24		the Pension Contribution Fund as soon as practicable after the
25		certification.
26		(g) For purposes of determining the required State

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1		contribution to the System, the value of the System's assets
2		shall be equal to the actuarial value of the System's assets,
3		which shall be calculated as follows:
4		As of June 30, 2008, the actuarial value of the System's
5		assets shall be equal to the market value of the assets as of
6		that date. In determining the actuarial value of the System's
7		assets for fiscal years after June 30, 2008, any actuarial
8		gains or losses from investment return incurred in a fiscal
9		year shall be recognized in equal annual amounts over the
10		5-year period following that fiscal year.
11		(h) For purposes of determining the required State
12		contribution to the System for a particular year, the actuarial
13		value of assets shall be assumed to earn a rate of return equal
14		to the System's actuarially assumed rate of return.
15		(i) After the submission of all payments for eligible
16		employees from personal services line items paid from the
17		General Revenue Fund in fiscal year 2010 have been made, the
18		Comptroller shall provide to the System a certification of the
19		sum of all fiscal year 2010 expenditures for personal services
20		that would have been covered by payments to the System under
21		this Section if the provisions of Public Act 96-45 this
22		amendatory Act of the 96th General Assembly had not been
23		enacted. Upon receipt of the certification, the System shall
24		determine the amount due to the System based on the full rate
25		certified by the Board under Section 14-135.08 for fiscal year
26		2010 in order to meet the State's obligation under this

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1		Section. The System shall compare this amount due to the amount
2		received by the System in fiscal year 2010 through payments
3		under this Section. If the amount due is more than the amount
4		received, the difference shall be termed the "Fiscal Year 2010
5		Shortfall" for purposes of this Section, and the Fiscal Year
6		2010 Shortfall shall be satisfied under Section 1.2 of the
7		State Pension Funds Continuing Appropriation Act. If the amount
8		due is less than the amount received, the difference shall be
9		termed the "Fiscal Year 2010 Overpayment" for purposes of this
10		Section, and the Fiscal Year 2010 Overpayment shall be repaid
11		by the System to the General Revenue Fund as soon as
12		practicable after the certification.
13		(j) After the submission of all payments for eligible
14		employees from personal services line items paid from the
15		General Revenue Fund in fiscal year 2011 have been made, the
16		Comptroller shall provide to the System a certification of the
17		sum of all fiscal year 2011 expenditures for personal services
18		that would have been covered by payments to the System under
19		this Section if the provisions of Public Act 96-1497 this
20		amendatory Act of the 96th General Assembly had not been
21		enacted. Upon receipt of the certification, the System shall
22		determine the amount due to the System based on the full rate
23		certified by the Board under Section 14-135.08 for fiscal year
24		2011 in order to meet the State's obligation under this
25		Section. The System shall compare this amount due to the amount
26		received by the System in fiscal year 2011 through payments

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1		under this Section. If the amount due is more than the amount
2		received, the difference shall be termed the "Fiscal Year 2011
3		Shortfall" for purposes of this Section, and the Fiscal Year
4		2011 Shortfall shall be satisfied under Section 1.2 of the
5		State Pension Funds Continuing Appropriation Act. If the amount
6		due is less than the amount received, the difference shall be
7		termed the "Fiscal Year 2011 Overpayment" for purposes of this
8		Section, and the Fiscal Year 2011 Overpayment shall be repaid
9		by the System to the General Revenue Fund as soon as
10		practicable after the certification.
11		(k) For fiscal years 2012 through 2019 2018 only, after the
12		submission of all payments for eligible employees from personal
13		services line items paid from the General Revenue Fund in the
14		fiscal year have been made, the Comptroller shall provide to
15		the System a certification of the sum of all expenditures in
16		the fiscal year for personal services. Upon receipt of the
17		certification, the System shall determine the amount due to the
18		System based on the full rate certified by the Board under
19		Section 14-135.08 for the fiscal year in order to meet the
20		State's obligation under this Section. The System shall compare
21		this amount due to the amount received by the System for the
22		fiscal year. If the amount due is more than the amount
23		received, the difference shall be termed the "Prior Fiscal Year
24		Shortfall" for purposes of this Section, and the Prior Fiscal
25		Year Shortfall shall be satisfied under Section 1.2 of the
26		State Pension Funds Continuing Appropriation Act. If the amount

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1		due is less than the amount received, the difference shall be
2		termed the "Prior Fiscal Year Overpayment" for purposes of this
3		Section, and the Prior Fiscal Year Overpayment shall be repaid
4		by the System to the General Revenue Fund as soon as
5		practicable after the certification.
6		(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
7		eff. 7-6-17.)
8		Section 55-20. The Revised Uniform Unclaimed Property Act
9		is amended by changing Section 15-801 as follows:
10		(765 ILCS 1026/15-801)
11		Sec. 15-801. Deposit of funds by administrator.
12		(a) Except as otherwise provided in this Section, the
13		administrator shall deposit in the Unclaimed Property Trust
14		Fund all funds received under this Act, including proceeds from
15		the sale of property under Article 7. The administrator may
16		deposit any amount in the Unclaimed Property Trust Fund into
17		the State Pensions Fund during the fiscal year at his or her
18		discretion; however, he or she shall, on April 15 and October
19		15 of each year, deposit any amount in the Unclaimed Property
20		Trust Fund exceeding $2,500,000 into the State Pensions Fund.
21		If on either April 15 or October 15, the administrator
22		determines that a balance of $2,500,000 is insufficient for the
23		prompt payment of unclaimed property claims authorized under
24		this Act, the administrator may retain more than $2,500,000 in

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1		the Unclaimed Property Trust Fund in order to ensure the prompt
2		payment of claims. Beginning in State fiscal year 2020 2018,
3		all amounts that are deposited into the State Pensions Fund
4		from the Unclaimed Property Trust Fund shall be apportioned to
5		the designated retirement systems as provided in subsection
6		(c-6) of Section 8.12 of the State Finance Act to reduce their
7		actuarial reserve deficiencies.
8		(b) The administrator shall make prompt payment of claims
9		he or she duly allows as provided for in this Act from the
10		Unclaimed Property Trust Fund. This shall constitute an
11		irrevocable and continuing appropriation of all amounts in the
12		Unclaimed Property Trust Fund necessary to make prompt payment
13		of claims duly allowed by the administrator pursuant to this
14		Act.
15		(Source: P.A. 100-22, eff. 1-1-18.)
16		ARTICLE 60. REFUNDING BONDS
17		Section 60-5. The General Obligation Bond Act is amended by
18		changing Sections 9, 11, and 16 as follows:
19		(30 ILCS 330/9) (from Ch. 127, par. 659)
20		Sec. 9. Conditions for issuance and sale of Bonds;
21		requirements Issuance and Sale of Bonds - Requirements for
22		Bonds.
23		(a) Except as otherwise provided in this subsection and

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1		subsection (h), Bonds shall be issued and sold from time to
2		time, in one or more series, in such amounts and at such prices
3		as may be directed by the Governor, upon recommendation by the
4		Director of the Governor's Office of Management and Budget.
5		Bonds shall be in such form (either coupon, registered or book
6		entry), in such denominations, payable within 25 years from
7		their date, subject to such terms of redemption with or without
8		premium, bear interest payable at such times and at such fixed
9		or variable rate or rates, and be dated as shall be fixed and
10		determined by the Director of the Governor's Office of
11		Management and Budget in the order authorizing the issuance and
12		sale of any series of Bonds, which order shall be approved by
13		the Governor and is herein called a "Bond Sale Order"; provided
14		however, that interest payable at fixed or variable rates shall
15		not exceed that permitted in the Bond Authorization Act, as now
16		or hereafter amended. Bonds shall be payable at such place or
17		places, within or without the State of Illinois, and may be
18		made registrable as to either principal or as to both principal
19		and interest, as shall be specified in the Bond Sale Order.
20		Bonds may be callable or subject to purchase and retirement or
21		tender and remarketing as fixed and determined in the Bond Sale
22		Order. Bonds, other than Bonds issued under Section 3 of this
23		Act for the costs associated with the purchase and
24		implementation of information technology, (i) except for
25		refunding Bonds satisfying the requirements of Section 16 of
26		this Act and sold during fiscal year 2009, 2010, 2011, 2017, or

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1		2018, or 2019 must be issued with principal or mandatory
2		redemption amounts in equal amounts, with the first maturity
3		issued occurring within the fiscal year in which the Bonds are
4		issued or within the next succeeding fiscal year and (ii) must
5		mature or be subject to mandatory redemption each fiscal year
6		thereafter up to 25 years, except for refunding Bonds
7		satisfying the requirements of Section 16 of this Act and sold
8		during fiscal year 2009, 2010, or 2011 which must mature or be
9		subject to mandatory redemption each fiscal year thereafter up
10		to 16 years. Bonds issued under Section 3 of this Act for the
11		costs associated with the purchase and implementation of
12		information technology must be issued with principal or
13		mandatory redemption amounts in equal amounts, with the first
14		maturity issued occurring with the fiscal year in which the
15		respective bonds are issued or with the next succeeding fiscal
16		year, with the respective bonds issued maturing or subject to
17		mandatory redemption each fiscal year thereafter up to 10
18		years. Notwithstanding any provision of this Act to the
19		contrary, the Bonds authorized by Public Act 96-43 shall be
20		payable within 5 years from their date and must be issued with
21		principal or mandatory redemption amounts in equal amounts,
22		with payment of principal or mandatory redemption beginning in
23		the first fiscal year following the fiscal year in which the
24		Bonds are issued.
25		Notwithstanding any provision of this Act to the contrary,
26		the Bonds authorized by Public Act 96-1497 shall be payable

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1		within 8 years from their date and shall be issued with payment
2		of maturing principal or scheduled mandatory redemptions in
3		accordance with the following schedule, except the following
4		amounts shall be prorated if less than the total additional
5		amount of Bonds authorized by Public Act 96-1497 are issued:
6		Fiscal Year After Issuance Amount
7		1-2 $0
8		3 $110,712,120
9		4 $332,136,360
10		5 $664,272,720
11		6-8 $996,409,080
12		Notwithstanding any provision of this Act to the contrary,
13		Income Tax Proceed Bonds issued under Section 7.6 shall be
14		payable 12 years from the date of sale and shall be issued with
15		payment of principal or mandatory redemption.
16		In the case of any series of Bonds bearing interest at a
17		variable interest rate ("Variable Rate Bonds"), in lieu of
18		determining the rate or rates at which such series of Variable
19		Rate Bonds shall bear interest and the price or prices at which
20		such Variable Rate Bonds shall be initially sold or remarketed
21		(in the event of purchase and subsequent resale), the Bond Sale
22		Order may provide that such interest rates and prices may vary
23		from time to time depending on criteria established in such
24		Bond Sale Order, which criteria may include, without
25		limitation, references to indices or variations in interest
26		rates as may, in the judgment of a remarketing agent, be

HB3342 Enrolled - 406 - LRB100 08528 SMS 18653 b
1		necessary to cause Variable Rate Bonds of such series to be
2		remarketable from time to time at a price equal to their
3		principal amount, and may provide for appointment of a bank,
4		trust company, investment bank, or other financial institution
5		to serve as remarketing agent in that connection. The Bond Sale
6		Order may provide that alternative interest rates or provisions
7		for establishing alternative interest rates, different
8		security or claim priorities, or different call or amortization
9		provisions will apply during such times as Variable Rate Bonds
10		of any series are held by a person providing credit or
11		liquidity enhancement arrangements for such Bonds as
12		authorized in subsection (b) of this Section. The Bond Sale
13		Order may also provide for such variable interest rates to be
14		established pursuant to a process generally known as an auction
15		rate process and may provide for appointment of one or more
16		financial institutions to serve as auction agents and
17		broker-dealers in connection with the establishment of such
18		interest rates and the sale and remarketing of such Bonds.
19		(b) In connection with the issuance of any series of Bonds,
20		the State may enter into arrangements to provide additional
21		security and liquidity for such Bonds, including, without
22		limitation, bond or interest rate insurance or letters of
23		credit, lines of credit, bond purchase contracts, or other
24		arrangements whereby funds are made available to retire or
25		purchase Bonds, thereby assuring the ability of owners of the
26		Bonds to sell or redeem their Bonds. The State may enter into

HB3342 Enrolled - 407 - LRB100 08528 SMS 18653 b
1		contracts and may agree to pay fees to persons providing such
2		arrangements, but only under circumstances where the Director
3		of the Governor's Office of Management and Budget certifies
4		that he or she reasonably expects the total interest paid or to
5		be paid on the Bonds, together with the fees for the
6		arrangements (being treated as if interest), would not, taken
7		together, cause the Bonds to bear interest, calculated to their
8		stated maturity, at a rate in excess of the rate that the Bonds
9		would bear in the absence of such arrangements.
10		The State may, with respect to Bonds issued or anticipated
11		to be issued, participate in and enter into arrangements with
12		respect to interest rate protection or exchange agreements,
13		guarantees, or financial futures contracts for the purpose of
14		limiting, reducing, or managing interest rate exposure. The
15		authority granted under this paragraph, however, shall not
16		increase the principal amount of Bonds authorized to be issued
17		by law. The arrangements may be executed and delivered by the
18		Director of the Governor's Office of Management and Budget on
19		behalf of the State. Net payments for such arrangements shall
20		constitute interest on the Bonds and shall be paid from the
21		General Obligation Bond Retirement and Interest Fund. The
22		Director of the Governor's Office of Management and Budget
23		shall at least annually certify to the Governor and the State
24		Comptroller his or her estimate of the amounts of such net
25		payments to be included in the calculation of interest required
26		to be paid by the State.

HB3342 Enrolled - 408 - LRB100 08528 SMS 18653 b
1		(c) Prior to the issuance of any Variable Rate Bonds
2		pursuant to subsection (a), the Director of the Governor's
3		Office of Management and Budget shall adopt an interest rate
4		risk management policy providing that the amount of the State's
5		variable rate exposure with respect to Bonds shall not exceed
6		20%. This policy shall remain in effect while any Bonds are
7		outstanding and the issuance of Bonds shall be subject to the
8		terms of such policy. The terms of this policy may be amended
9		from time to time by the Director of the Governor's Office of
10		Management and Budget but in no event shall any amendment cause
11		the permitted level of the State's variable rate exposure with
12		respect to Bonds to exceed 20%.
13		(d) "Build America Bonds" in this Section means Bonds
14		authorized by Section 54AA of the Internal Revenue Code of
15		1986, as amended ("Internal Revenue Code"), and bonds issued
16		from time to time to refund or continue to refund "Build
17		America Bonds".
18		(e) Notwithstanding any other provision of this Section,
19		Qualified School Construction Bonds shall be issued and sold
20		from time to time, in one or more series, in such amounts and
21		at such prices as may be directed by the Governor, upon
22		recommendation by the Director of the Governor's Office of
23		Management and Budget. Qualified School Construction Bonds
24		shall be in such form (either coupon, registered or book
25		entry), in such denominations, payable within 25 years from
26		their date, subject to such terms of redemption with or without

HB3342 Enrolled - 409 - LRB100 08528 SMS 18653 b
1		premium, and if the Qualified School Construction Bonds are
2		issued with a supplemental coupon, bear interest payable at
3		such times and at such fixed or variable rate or rates, and be
4		dated as shall be fixed and determined by the Director of the
5		Governor's Office of Management and Budget in the order
6		authorizing the issuance and sale of any series of Qualified
7		School Construction Bonds, which order shall be approved by the
8		Governor and is herein called a "Bond Sale Order"; except that
9		interest payable at fixed or variable rates, if any, shall not
10		exceed that permitted in the Bond Authorization Act, as now or
11		hereafter amended. Qualified School Construction Bonds shall
12		be payable at such place or places, within or without the State
13		of Illinois, and may be made registrable as to either principal
14		or as to both principal and interest, as shall be specified in
15		the Bond Sale Order. Qualified School Construction Bonds may be
16		callable or subject to purchase and retirement or tender and
17		remarketing as fixed and determined in the Bond Sale Order.
18		Qualified School Construction Bonds must be issued with
19		principal or mandatory redemption amounts or sinking fund
20		payments into the General Obligation Bond Retirement and
21		Interest Fund (or subaccount therefor) in equal amounts, with
22		the first maturity issued, mandatory redemption payment or
23		sinking fund payment occurring within the fiscal year in which
24		the Qualified School Construction Bonds are issued or within
25		the next succeeding fiscal year, with Qualified School
26		Construction Bonds issued maturing or subject to mandatory

HB3342 Enrolled - 410 - LRB100 08528 SMS 18653 b
1		redemption or with sinking fund payments thereof deposited each
2		fiscal year thereafter up to 25 years. Sinking fund payments
3		set forth in this subsection shall be permitted only to the
4		extent authorized in Section 54F of the Internal Revenue Code
5		or as otherwise determined by the Director of the Governor's
6		Office of Management and Budget. "Qualified School
7		Construction Bonds" in this subsection means Bonds authorized
8		by Section 54F of the Internal Revenue Code and for bonds
9		issued from time to time to refund or continue to refund such
10		"Qualified School Construction Bonds".
11		(f) Beginning with the next issuance by the Governor's
12		Office of Management and Budget to the Procurement Policy Board
13		of a request for quotation for the purpose of formulating a new
14		pool of qualified underwriting banks list, all entities
15		responding to such a request for quotation for inclusion on
16		that list shall provide a written report to the Governor's
17		Office of Management and Budget and the Illinois Comptroller.
18		The written report submitted to the Comptroller shall (i) be
19		published on the Comptroller's Internet website and (ii) be
20		used by the Governor's Office of Management and Budget for the
21		purposes of scoring such a request for quotation. The written
22		report, at a minimum, shall:
23		(1) disclose whether, within the past 3 months,
24		pursuant to its credit default swap market-making
25		activities, the firm has entered into any State of Illinois
26		credit default swaps ("CDS");

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1		(2) include, in the event of State of Illinois CDS
2		activity, disclosure of the firm's cumulative notional
3		volume of State of Illinois CDS trades and the firm's
4		outstanding gross and net notional amount of State of
5		Illinois CDS, as of the end of the current 3-month period;
6		(3) indicate, pursuant to the firm's proprietary
7		trading activities, disclosure of whether the firm, within
8		the past 3 months, has entered into any proprietary trades
9		for its own account in State of Illinois CDS;
10		(4) include, in the event of State of Illinois
11		proprietary trades, disclosure of the firm's outstanding
12		gross and net notional amount of proprietary State of
13		Illinois CDS and whether the net position is short or long
14		credit protection, as of the end of the current 3-month
15		period;
16		(5) list all time periods during the past 3 months
17		during which the firm held net long or net short State of
18		Illinois CDS proprietary credit protection positions, the
19		amount of such positions, and whether those positions were
20		net long or net short credit protection positions; and
21		(6) indicate whether, within the previous 3 months, the
22		firm released any publicly available research or marketing
23		reports that reference State of Illinois CDS and include
24		those research or marketing reports as attachments.
25		(g) All entities included on a Governor's Office of
26		Management and Budget's pool of qualified underwriting banks

HB3342 Enrolled - 412 - LRB100 08528 SMS 18653 b
1		list shall, as soon as possible after March 18, 2011 (the
2		effective date of Public Act 96-1554), but not later than
3		January 21, 2011, and on a quarterly fiscal basis thereafter,
4		provide a written report to the Governor's Office of Management
5		and Budget and the Illinois Comptroller. The written reports
6		submitted to the Comptroller shall be published on the
7		Comptroller's Internet website. The written reports, at a
8		minimum, shall:
9		(1) disclose whether, within the past 3 months,
10		pursuant to its credit default swap market-making
11		activities, the firm has entered into any State of Illinois
12		credit default swaps ("CDS");
13		(2) include, in the event of State of Illinois CDS
14		activity, disclosure of the firm's cumulative notional
15		volume of State of Illinois CDS trades and the firm's
16		outstanding gross and net notional amount of State of
17		Illinois CDS, as of the end of the current 3-month period;
18		(3) indicate, pursuant to the firm's proprietary
19		trading activities, disclosure of whether the firm, within
20		the past 3 months, has entered into any proprietary trades
21		for its own account in State of Illinois CDS;
22		(4) include, in the event of State of Illinois
23		proprietary trades, disclosure of the firm's outstanding
24		gross and net notional amount of proprietary State of
25		Illinois CDS and whether the net position is short or long
26		credit protection, as of the end of the current 3-month

HB3342 Enrolled - 413 - LRB100 08528 SMS 18653 b
1		period;
2		(5) list all time periods during the past 3 months
3		during which the firm held net long or net short State of
4		Illinois CDS proprietary credit protection positions, the
5		amount of such positions, and whether those positions were
6		net long or net short credit protection positions; and
7		(6) indicate whether, within the previous 3 months, the
8		firm released any publicly available research or marketing
9		reports that reference State of Illinois CDS and include
10		those research or marketing reports as attachments.
11		(h) Notwithstanding any other provision of this Section,
12		for purposes of maximizing market efficiencies and cost
13		savings, Income Tax Proceed Bonds may be issued and sold from
14		time to time, in one or more series, in such amounts and at
15		such prices as may be directed by the Governor, upon
16		recommendation by the Director of the Governor's Office of
17		Management and Budget. Income Tax Proceed Bonds shall be in
18		such form, either coupon, registered, or book entry, in such
19		denominations, shall bear interest payable at such times and at
20		such fixed or variable rate or rates, and be dated as shall be
21		fixed and determined by the Director of the Governor's Office
22		of Management and Budget in the order authorizing the issuance
23		and sale of any series of Income Tax Proceed Bonds, which order
24		shall be approved by the Governor and is herein called a "Bond
25		Sale Order"; provided, however, that interest payable at fixed
26		or variable rates shall not exceed that permitted in the Bond

HB3342 Enrolled - 414 - LRB100 08528 SMS 18653 b
1		Authorization Act. Income Tax Proceed Bonds shall be payable at
2		such place or places, within or without the State of Illinois,
3		and may be made registrable as to either principal or as to
4		both principal and interest, as shall be specified in the Bond
5		Sale Order. Income Tax Proceed Bonds may be callable or subject
6		to purchase and retirement or tender and remarketing as fixed
7		and determined in the Bond Sale Order.
8		(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
9		25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
10		7-6-17; revised 8-8-17.)
11		(30 ILCS 330/11) (from Ch. 127, par. 661)
12		Sec. 11. Sale of Bonds. Except as otherwise provided in
13		this Section, Bonds shall be sold from time to time pursuant to
14		notice of sale and public bid or by negotiated sale in such
15		amounts and at such times as is directed by the Governor, upon
16		recommendation by the Director of the Governor's Office of
17		Management and Budget. At least 25%, based on total principal
18		amount, of all Bonds issued each fiscal year shall be sold
19		pursuant to notice of sale and public bid. At all times during
20		each fiscal year, no more than 75%, based on total principal
21		amount, of the Bonds issued each fiscal year, shall have been
22		sold by negotiated sale. Failure to satisfy the requirements in
23		the preceding 2 sentences shall not affect the validity of any
24		previously issued Bonds; provided that all Bonds authorized by
25		Public Act 96-43 and Public Act 96-1497 shall not be included

HB3342 Enrolled - 415 - LRB100 08528 SMS 18653 b
1		in determining compliance for any fiscal year with the
2		requirements of the preceding 2 sentences; and further provided
3		that refunding Bonds satisfying the requirements of Section 16
4		of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
5		or 2018, or 2019 shall not be subject to the requirements in
6		the preceding 2 sentences.
7		If any Bonds, including refunding Bonds, are to be sold by
8		negotiated sale, the Director of the Governor's Office of
9		Management and Budget shall comply with the competitive request
10		for proposal process set forth in the Illinois Procurement Code
11		and all other applicable requirements of that Code.
12		If Bonds are to be sold pursuant to notice of sale and
13		public bid, the Director of the Governor's Office of Management
14		and Budget may, from time to time, as Bonds are to be sold,
15		advertise the sale of the Bonds in at least 2 daily newspapers,
16		one of which is published in the City of Springfield and one in
17		the City of Chicago. The sale of the Bonds shall also be
18		advertised in the volume of the Illinois Procurement Bulletin
19		that is published by the Department of Central Management
20		Services, and shall be published once at least 10 days prior to
21		the date fixed for the opening of the bids. The Director of the
22		Governor's Office of Management and Budget may reschedule the
23		date of sale upon the giving of such additional notice as the
24		Director deems adequate to inform prospective bidders of such
25		change; provided, however, that all other conditions of the
26		sale shall continue as originally advertised.

HB3342 Enrolled - 416 - LRB100 08528 SMS 18653 b
1		Executed Bonds shall, upon payment therefor, be delivered
2		to the purchaser, and the proceeds of Bonds shall be paid into
3		the State Treasury as directed by Section 12 of this Act.
4		All Income Tax Proceed Bonds shall comply with this
5		Section. Notwithstanding anything to the contrary, however,
6		for purposes of complying with this Section, Income Tax Proceed
7		Bonds, regardless of the number of series or issuances sold
8		thereunder, shall be considered a single issue or series.
9		Furthermore, for purposes of complying with the competitive
10		bidding requirements of this Section, the words "at all times"
11		shall not apply to any such sale of the Income Tax Proceed
12		Bonds. The Director of the Governor's Office of Management and
13		Budget shall determine the time and manner of any competitive
14		sale of the Income Tax Proceed Bonds; however, that sale shall
15		under no circumstances take place later than 60 days after the
16		State closes the sale of 75% of the Income Tax Proceed Bonds by
17		negotiated sale.
18		(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
19		25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
20		7-6-17; revised 8-15-17.)
21		(30 ILCS 330/16) (from Ch. 127, par. 666)
22		Sec. 16. Refunding Bonds. The State of Illinois is
23		authorized to issue, sell, and provide for the retirement of
24		General Obligation Bonds of the State of Illinois in the amount
25		of $4,839,025,000, at any time and from time to time

HB3342 Enrolled - 417 - LRB100 08528 SMS 18653 b
1		outstanding, for the purpose of refunding any State of Illinois
2		general obligation Bonds then outstanding, including (i) the
3		payment of any redemption premium thereon, (ii) any reasonable
4		expenses of such refunding, (iii) any interest accrued or to
5		accrue to the earliest or any subsequent date of redemption or
6		maturity of such outstanding Bonds, (iv) for fiscal year 2019
7		only, any necessary payments to providers of interest rate
8		exchange agreements in connection with the termination of such
9		agreements by the State in connection with the refunding, and
10		(v) any interest to accrue to the first interest payment on the
11		refunding Bonds; provided that all non-refunding Bonds in an
12		issue that includes refunding Bonds shall mature no later than
13		the final maturity date of Bonds being refunded; provided that
14		no refunding Bonds shall be offered for sale unless the net
15		present value of debt service savings to be achieved by the
16		issuance of the refunding Bonds is 3% or more of the principal
17		amount of the refunding Bonds to be issued; and further
18		provided that, except for refunding Bonds sold in fiscal year
19		2009, 2010, 2011, 2017, or 2018, or 2019, the maturities of the
20		refunding Bonds shall not extend beyond the maturities of the
21		Bonds they refund, so that for each fiscal year in the maturity
22		schedule of a particular issue of refunding Bonds, the total
23		amount of refunding principal maturing and redemption amounts
24		due in that fiscal year and all prior fiscal years in that
25		schedule shall be greater than or equal to the total amount of
26		refunded principal and redemption amounts that had been due

HB3342 Enrolled - 418 - LRB100 08528 SMS 18653 b
1		over that year and all prior fiscal years prior to the
2		refunding.
3		The Governor shall notify the State Treasurer and
4		Comptroller of such refunding. The proceeds received from the
5		sale of refunding Bonds shall be used for the retirement at
6		maturity or redemption of such outstanding Bonds on any
7		maturity or redemption date and, pending such use, shall be
8		placed in escrow, subject to such terms and conditions as shall
9		be provided for in the Bond Sale Order relating to the
10		Refunding Bonds. Proceeds not needed for deposit in an escrow
11		account shall be deposited in the General Obligation Bond
12		Retirement and Interest Fund. This Act shall constitute an
13		irrevocable and continuing appropriation of all amounts
14		necessary to establish an escrow account for the purpose of
15		refunding outstanding general obligation Bonds and to pay the
16		reasonable expenses of such refunding and of the issuance and
17		sale of the refunding Bonds. Any such escrowed proceeds may be
18		invested and reinvested in direct obligations of the United
19		States of America, maturing at such time or times as shall be
20		appropriate to assure the prompt payment, when due, of the
21		principal of and interest and redemption premium, if any, on
22		the refunded Bonds. After the terms of the escrow have been
23		fully satisfied, any remaining balance of such proceeds and
24		interest, income and profits earned or realized on the
25		investments thereof shall be paid into the General Revenue
26		Fund. The liability of the State upon the Bonds shall continue,

HB3342 Enrolled - 419 - LRB100 08528 SMS 18653 b
1		provided that the holders thereof shall thereafter be entitled
2		to payment only out of the moneys deposited in the escrow
3		account.
4		Except as otherwise herein provided in this Section, such
5		refunding Bonds shall in all other respects be subject to the
6		terms and conditions of this Act.
7		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
8		Section 60-10. The Build Illinois Bond Act is amended by
9		changing Sections 6, 8, and 15 as follows:
10		(30 ILCS 425/6) (from Ch. 127, par. 2806)
11		Sec. 6. Conditions for Issuance and Sale of Bonds -
12		Requirements for Bonds - Master and Supplemental Indentures -
13		Credit and Liquidity Enhancement.
14		(a) Bonds shall be issued and sold from time to time, in
15		one or more series, in such amounts and at such prices as
16		directed by the Governor, upon recommendation by the Director
17		of the Governor's Office of Management and Budget. Bonds shall
18		be payable only from the specific sources and secured in the
19		manner provided in this Act. Bonds shall be in such form, in
20		such denominations, mature on such dates within 25 years from
21		their date of issuance, be subject to optional or mandatory
22		redemption, bear interest payable at such times and at such
23		rate or rates, fixed or variable, and be dated as shall be
24		fixed and determined by the Director of the Governor's Office

HB3342 Enrolled - 420 - LRB100 08528 SMS 18653 b
1		of Management and Budget in an order authorizing the issuance
2		and sale of any series of Bonds, which order shall be approved
3		by the Governor and is herein called a "Bond Sale Order";
4		provided, however, that interest payable at fixed rates shall
5		not exceed that permitted in "An Act to authorize public
6		corporations to issue bonds, other evidences of indebtedness
7		and tax anticipation warrants subject to interest rate
8		limitations set forth therein", approved May 26, 1970, as now
9		or hereafter amended, and interest payable at variable rates
10		shall not exceed the maximum rate permitted in the Bond Sale
11		Order. Said Bonds shall be payable at such place or places,
12		within or without the State of Illinois, and may be made
13		registrable as to either principal only or as to both principal
14		and interest, as shall be specified in the Bond Sale Order.
15		Bonds may be callable or subject to purchase and retirement or
16		remarketing as fixed and determined in the Bond Sale Order.
17		Bonds (i) except for refunding Bonds satisfying the
18		requirements of Section 15 of this Act and sold during fiscal
19		year 2009, 2010, 2011, 2017, or 2018, or 2019, must be issued
20		with principal or mandatory redemption amounts in equal
21		amounts, with the first maturity issued occurring within the
22		fiscal year in which the Bonds are issued or within the next
23		succeeding fiscal year and (ii) must mature or be subject to
24		mandatory redemption each fiscal year thereafter up to 25
25		years, except for refunding Bonds satisfying the requirements
26		of Section 15 of this Act and sold during fiscal year 2009,

HB3342 Enrolled - 421 - LRB100 08528 SMS 18653 b
1		2010, or 2011 which must mature or be subject to mandatory
2		redemption each fiscal year thereafter up to 16 years.
3		All Bonds authorized under this Act shall be issued
4		pursuant to a master trust indenture ("Master Indenture")
5		executed and delivered on behalf of the State by the Director
6		of the Governor's Office of Management and Budget, such Master
7		Indenture to be in substantially the form approved in the Bond
8		Sale Order authorizing the issuance and sale of the initial
9		series of Bonds issued under this Act. Such initial series of
10		Bonds may, and each subsequent series of Bonds shall, also be
11		issued pursuant to a supplemental trust indenture
12		("Supplemental Indenture") executed and delivered on behalf of
13		the State by the Director of the Governor's Office of
14		Management and Budget, each such Supplemental Indenture to be
15		in substantially the form approved in the Bond Sale Order
16		relating to such series. The Master Indenture and any
17		Supplemental Indenture shall be entered into with a bank or
18		trust company in the State of Illinois having trust powers and
19		possessing capital and surplus of not less than $100,000,000.
20		Such indentures shall set forth the terms and conditions of the
21		Bonds and provide for payment of and security for the Bonds,
22		including the establishment and maintenance of debt service and
23		reserve funds, and for other protections for holders of the
24		Bonds. The term "reserve funds" as used in this Act shall
25		include funds and accounts established under indentures to
26		provide for the payment of principal of and premium and

HB3342 Enrolled - 422 - LRB100 08528 SMS 18653 b
1		interest on Bonds, to provide for the purchase, retirement or
2		defeasance of Bonds, to provide for fees of trustees,
3		registrars, paying agents and other fiduciaries and to provide
4		for payment of costs of and debt service payable in respect of
5		credit or liquidity enhancement arrangements, interest rate
6		swaps or guarantees or financial futures contracts and indexing
7		and remarketing agents' services.
8		In the case of any series of Bonds bearing interest at a
9		variable interest rate ("Variable Rate Bonds"), in lieu of
10		determining the rate or rates at which such series of Variable
11		Rate Bonds shall bear interest and the price or prices at which
12		such Variable Rate Bonds shall be initially sold or remarketed
13		(in the event of purchase and subsequent resale), the Bond Sale
14		Order may provide that such interest rates and prices may vary
15		from time to time depending on criteria established in such
16		Bond Sale Order, which criteria may include, without
17		limitation, references to indices or variations in interest
18		rates as may, in the judgment of a remarketing agent, be
19		necessary to cause Bonds of such series to be remarketable from
20		time to time at a price equal to their principal amount (or
21		compound accreted value in the case of original issue discount
22		Bonds), and may provide for appointment of indexing agents and
23		a bank, trust company, investment bank or other financial
24		institution to serve as remarketing agent in that connection.
25		The Bond Sale Order may provide that alternative interest rates
26		or provisions for establishing alternative interest rates,

HB3342 Enrolled - 423 - LRB100 08528 SMS 18653 b
1		different security or claim priorities or different call or
2		amortization provisions will apply during such times as Bonds
3		of any series are held by a person providing credit or
4		liquidity enhancement arrangements for such Bonds as
5		authorized in subsection (b) of Section 6 of this Act.
6		(b) In connection with the issuance of any series of Bonds,
7		the State may enter into arrangements to provide additional
8		security and liquidity for such Bonds, including, without
9		limitation, bond or interest rate insurance or letters of
10		credit, lines of credit, bond purchase contracts or other
11		arrangements whereby funds are made available to retire or
12		purchase Bonds, thereby assuring the ability of owners of the
13		Bonds to sell or redeem their Bonds. The State may enter into
14		contracts and may agree to pay fees to persons providing such
15		arrangements, but only under circumstances where the Director
16		of the Bureau of the Budget (now Governor's Office of
17		Management and Budget) certifies that he reasonably expects the
18		total interest paid or to be paid on the Bonds, together with
19		the fees for the arrangements (being treated as if interest),
20		would not, taken together, cause the Bonds to bear interest,
21		calculated to their stated maturity, at a rate in excess of the
22		rate which the Bonds would bear in the absence of such
23		arrangements. Any bonds, notes or other evidences of
24		indebtedness issued pursuant to any such arrangements for the
25		purpose of retiring and discharging outstanding Bonds shall
26		constitute refunding Bonds under Section 15 of this Act. The

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1		State may participate in and enter into arrangements with
2		respect to interest rate swaps or guarantees or financial
3		futures contracts for the purpose of limiting or restricting
4		interest rate risk; provided that such arrangements shall be
5		made with or executed through banks having capital and surplus
6		of not less than $100,000,000 or insurance companies holding
7		the highest policyholder rating accorded insurers by A.M. Best &
8		Co. or any comparable rating service or government bond
9		dealers reporting to, trading with, and recognized as primary
10		dealers by a Federal Reserve Bank and having capital and
11		surplus of not less than $100,000,000, or other persons whose
12		debt securities are rated in the highest long-term categories
13		by both Moody's Investors' Services, Inc. and Standard & Poor's
14		Corporation. Agreements incorporating any of the foregoing
15		arrangements may be executed and delivered by the Director of
16		the Governor's Office of Management and Budget on behalf of the
17		State in substantially the form approved in the Bond Sale Order
18		relating to such Bonds.
19		(c) "Build America Bonds" in this Section means Bonds
20		authorized by Section 54AA of the Internal Revenue Code of
21		1986, as amended ("Internal Revenue Code"), and bonds issued
22		from time to time to refund or continue to refund "Build
23		America Bonds".
24		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
25		(30 ILCS 425/8) (from Ch. 127, par. 2808)

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1		Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
2		in this Section, shall be sold from time to time pursuant to
3		notice of sale and public bid or by negotiated sale in such
4		amounts and at such times as are directed by the Governor, upon
5		recommendation by the Director of the Governor's Office of
6		Management and Budget. At least 25%, based on total principal
7		amount, of all Bonds issued each fiscal year shall be sold
8		pursuant to notice of sale and public bid. At all times during
9		each fiscal year, no more than 75%, based on total principal
10		amount, of the Bonds issued each fiscal year shall have been
11		sold by negotiated sale. Failure to satisfy the requirements in
12		the preceding 2 sentences shall not affect the validity of any
13		previously issued Bonds; and further provided that refunding
14		Bonds satisfying the requirements of Section 15 of this Act and
15		sold during fiscal year 2009, 2010, 2011, 2017, or 2018, or
16		2019 shall not be subject to the requirements in the preceding
17		2 sentences.
18		If any Bonds are to be sold pursuant to notice of sale and
19		public bid, the Director of the Governor's Office of Management
20		and Budget shall comply with the competitive request for
21		proposal process set forth in the Illinois Procurement Code and
22		all other applicable requirements of that Code.
23		If Bonds are to be sold pursuant to notice of sale and
24		public bid, the Director of the Governor's Office of Management
25		and Budget may, from time to time, as Bonds are to be sold,
26		advertise the sale of the Bonds in at least 2 daily newspapers,

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1		one of which is published in the City of Springfield and one in
2		the City of Chicago. The sale of the Bonds shall also be
3		advertised in the volume of the Illinois Procurement Bulletin
4		that is published by the Department of Central Management
5		Services, and shall be published once at least 10 days prior to
6		the date fixed for the opening of the bids. The Director of the
7		Governor's Office of Management and Budget may reschedule the
8		date of sale upon the giving of such additional notice as the
9		Director deems adequate to inform prospective bidders of the
10		change; provided, however, that all other conditions of the
11		sale shall continue as originally advertised. Executed Bonds
12		shall, upon payment therefor, be delivered to the purchaser,
13		and the proceeds of Bonds shall be paid into the State Treasury
14		as directed by Section 9 of this Act. The Governor or the
15		Director of the Governor's Office of Management and Budget is
16		hereby authorized and directed to execute and deliver contracts
17		of sale with underwriters and to execute and deliver such
18		certificates, indentures, agreements and documents, including
19		any supplements or amendments thereto, and to take such actions
20		and do such things as shall be necessary or desirable to carry
21		out the purposes of this Act. Any action authorized or
22		permitted to be taken by the Director of the Governor's Office
23		of Management and Budget pursuant to this Act is hereby
24		authorized to be taken by any person specifically designated by
25		the Governor to take such action in a certificate signed by the
26		Governor and filed with the Secretary of State.

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1		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
2		(30 ILCS 425/15) (from Ch. 127, par. 2815)
3		Sec. 15. Refunding Bonds. Refunding Bonds are hereby
4		authorized for the purpose of refunding any outstanding Bonds,
5		including the payment of any redemption premium thereon, any
6		reasonable expenses of such refunding, and any interest accrued
7		or to accrue to the earliest or any subsequent date of
8		redemption or maturity of outstanding Bonds; provided that all
9		non-refunding Bonds in an issue that includes refunding Bonds
10		shall mature no later than the final maturity date of Bonds
11		being refunded; provided that no refunding Bonds shall be
12		offered for sale unless the net present value of debt service
13		savings to be achieved by the issuance of the refunding Bonds
14		is 3% or more of the principal amount of the refunding Bonds to
15		be issued; and further provided that, except for refunding
16		Bonds sold in fiscal year 2009, 2010, 2011, 2017, or 2018, or
17		2019, the maturities of the refunding Bonds shall not extend
18		beyond the maturities of the Bonds they refund, so that for
19		each fiscal year in the maturity schedule of a particular issue
20		of refunding Bonds, the total amount of refunding principal
21		maturing and redemption amounts due in that fiscal year and all
22		prior fiscal years in that schedule shall be greater than or
23		equal to the total amount of refunded principal and redemption
24		amounts that had been due over that year and all prior fiscal
25		years prior to the refunding.

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1		Refunding Bonds may be sold in such amounts and at such
2		times, as directed by the Governor upon recommendation by the
3		Director of the Governor's Office of Management and Budget. The
4		Governor shall notify the State Treasurer and Comptroller of
5		such refunding. The proceeds received from the sale of
6		refunding Bonds shall be used for the retirement at maturity or
7		redemption of such outstanding Bonds on any maturity or
8		redemption date and, pending such use, shall be placed in
9		escrow, subject to such terms and conditions as shall be
10		provided for in the Bond Sale Order relating to the refunding
11		Bonds. This Act shall constitute an irrevocable and continuing
12		appropriation of all amounts necessary to establish an escrow
13		account for the purpose of refunding outstanding Bonds and to
14		pay the reasonable expenses of such refunding and of the
15		issuance and sale of the refunding Bonds. Any such escrowed
16		proceeds may be invested and reinvested in direct obligations
17		of the United States of America, maturing at such time or times
18		as shall be appropriate to assure the prompt payment, when due,
19		of the principal of and interest and redemption premium, if
20		any, on the refunded Bonds. After the terms of the escrow have
21		been fully satisfied, any remaining balance of such proceeds
22		and interest, income and profits earned or realized on the
23		investments thereof shall be paid into the General Revenue
24		Fund. The liability of the State upon the refunded Bonds shall
25		continue, provided that the holders thereof shall thereafter be
26		entitled to payment only out of the moneys deposited in the

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1		escrow account and the refunded Bonds shall be deemed paid,
2		discharged and no longer to be outstanding.
3		Except as otherwise herein provided in this Section, such
4		refunding Bonds shall in all other respects be issued pursuant
5		to and subject to the terms and conditions of this Act and
6		shall be secured by and payable from only the funds and sources
7		which are provided under this Act.
8		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
9		ARTICLE 65.
10		Section 65-15. The Illinois Public Aid Code is amended by
11		changing Sections 5-4.2, 5-5.01a, 9A-11, and 12-4.11 and by
12		adding Sections 5-5.05a and 5-5.12b as follows:
13		(305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)
14		Sec. 5-4.2. Ambulance services payments.
15		(a) For ambulance services provided to a recipient of aid
16		under this Article on or after January 1, 1993, the Illinois
17		Department shall reimburse ambulance service providers at
18		rates calculated in accordance with this Section. It is the
19		intent of the General Assembly to provide adequate
20		reimbursement for ambulance services so as to ensure adequate
21		access to services for recipients of aid under this Article and
22		to provide appropriate incentives to ambulance service
23		providers to provide services in an efficient and

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1		cost-effective manner. Thus, it is the intent of the General
2		Assembly that the Illinois Department implement a
3		reimbursement system for ambulance services that, to the extent
4		practicable and subject to the availability of funds
5		appropriated by the General Assembly for this purpose, is
6		consistent with the payment principles of Medicare. To ensure
7		uniformity between the payment principles of Medicare and
8		Medicaid, the Illinois Department shall follow, to the extent
9		necessary and practicable and subject to the availability of
10		funds appropriated by the General Assembly for this purpose,
11		the statutes, laws, regulations, policies, procedures,
12		principles, definitions, guidelines, and manuals used to
13		determine the amounts paid to ambulance service providers under
14		Title XVIII of the Social Security Act (Medicare).
15		(b) For ambulance services provided to a recipient of aid
16		under this Article on or after January 1, 1996, the Illinois
17		Department shall reimburse ambulance service providers based
18		upon the actual distance traveled if a natural disaster,
19		weather conditions, road repairs, or traffic congestion
20		necessitates the use of a route other than the most direct
21		route.
22		(c) For purposes of this Section, "ambulance services"
23		includes medical transportation services provided by means of
24		an ambulance, medi-car, service car, or taxi.
25		(c-1) For purposes of this Section, "ground ambulance
26		service" means medical transportation services that are

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1		described as ground ambulance services by the Centers for
2		Medicare and Medicaid Services and provided in a vehicle that
3		is licensed as an ambulance by the Illinois Department of
4		Public Health pursuant to the Emergency Medical Services (EMS)
5		Systems Act.
6		(c-2) For purposes of this Section, "ground ambulance
7		service provider" means a vehicle service provider as described
8		in the Emergency Medical Services (EMS) Systems Act that
9		operates licensed ambulances for the purpose of providing
10		emergency ambulance services, or non-emergency ambulance
11		services, or both. For purposes of this Section, this includes
12		both ambulance providers and ambulance suppliers as described
13		by the Centers for Medicare and Medicaid Services.
14		(d) This Section does not prohibit separate billing by
15		ambulance service providers for oxygen furnished while
16		providing advanced life support services.
17		(e) Beginning with services rendered on or after July 1,
18		2008, all providers of non-emergency medi-car and service car
19		transportation must certify that the driver and employee
20		attendant, as applicable, have completed a safety program
21		approved by the Department to protect both the patient and the
22		driver, prior to transporting a patient. The provider must
23		maintain this certification in its records. The provider shall
24		produce such documentation upon demand by the Department or its
25		representative. Failure to produce documentation of such
26		training shall result in recovery of any payments made by the

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1		Department for services rendered by a non-certified driver or
2		employee attendant. Medi-car and service car providers must
3		maintain legible documentation in their records of the driver
4		and, as applicable, employee attendant that actually
5		transported the patient. Providers must recertify all drivers
6		and employee attendants every 3 years.
7		Notwithstanding the requirements above, any public
8		transportation provider of medi-car and service car
9		transportation that receives federal funding under 49 U.S.C.
10		5307 and 5311 need not certify its drivers and employee
11		attendants under this Section, since safety training is already
12		federally mandated.
13		(f) With respect to any policy or program administered by
14		the Department or its agent regarding approval of non-emergency
15		medical transportation by ground ambulance service providers,
16		including, but not limited to, the Non-Emergency
17		Transportation Services Prior Approval Program (NETSPAP), the
18		Department shall establish by rule a process by which ground
19		ambulance service providers of non-emergency medical
20		transportation may appeal any decision by the Department or its
21		agent for which no denial was received prior to the time of
22		transport that either (i) denies a request for approval for
23		payment of non-emergency transportation by means of ground
24		ambulance service or (ii) grants a request for approval of
25		non-emergency transportation by means of ground ambulance
26		service at a level of service that entitles the ground

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1		ambulance service provider to a lower level of compensation
2		from the Department than the ground ambulance service provider
3		would have received as compensation for the level of service
4		requested. The rule shall be filed by December 15, 2012 and
5		shall provide that, for any decision rendered by the Department
6		or its agent on or after the date the rule takes effect, the
7		ground ambulance service provider shall have 60 days from the
8		date the decision is received to file an appeal. The rule
9		established by the Department shall be, insofar as is
10		practical, consistent with the Illinois Administrative
11		Procedure Act. The Director's decision on an appeal under this
12		Section shall be a final administrative decision subject to
13		review under the Administrative Review Law.
14		(f-5) Beginning 90 days after July 20, 2012 (the effective
15		date of Public Act 97-842), (i) no denial of a request for
16		approval for payment of non-emergency transportation by means
17		of ground ambulance service, and (ii) no approval of
18		non-emergency transportation by means of ground ambulance
19		service at a level of service that entitles the ground
20		ambulance service provider to a lower level of compensation
21		from the Department than would have been received at the level
22		of service submitted by the ground ambulance service provider,
23		may be issued by the Department or its agent unless the
24		Department has submitted the criteria for determining the
25		appropriateness of the transport for first notice publication
26		in the Illinois Register pursuant to Section 5-40 of the

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1		Illinois Administrative Procedure Act.
2		(g) Whenever a patient covered by a medical assistance
3		program under this Code or by another medical program
4		administered by the Department is being discharged from a
5		facility, a physician discharge order as described in this
6		Section shall be required for each patient whose discharge
7		requires medically supervised ground ambulance services.
8		Facilities shall develop procedures for a physician with
9		medical staff privileges to provide a written and signed
10		physician discharge order. The physician discharge order shall
11		specify the level of ground ambulance services needed and
12		complete a medical certification establishing the criteria for
13		approval of non-emergency ambulance transportation, as
14		published by the Department of Healthcare and Family Services,
15		that is met by the patient. This order and the medical
16		certification shall be completed prior to ordering an ambulance
17		service and prior to patient discharge.
18		Pursuant to subsection (E) of Section 12-4.25 of this Code,
19		the Department is entitled to recover overpayments paid to a
20		provider or vendor, including, but not limited to, from the
21		discharging physician, the discharging facility, and the
22		ground ambulance service provider, in instances where a
23		non-emergency ground ambulance service is rendered as the
24		result of improper or false certification.
25		(h) On and after July 1, 2012, the Department shall reduce
26		any rate of reimbursement for services or other payments or

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1		alter any methodologies authorized by this Code to reduce any
2		rate of reimbursement for services or other payments in
3		accordance with Section 5-5e.
4		(i) On and after July 1, 2018, the Department shall
5		increase the base rate of reimbursement for both base charges
6		and mileage charges for ground ambulance service providers for
7		medical transportation services provided by means of a ground
8		ambulance to a level not lower than 112% of the base rate in
9		effect as of June 30, 2018.
10		(Source: P.A. 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
11		97-842, eff. 7-20-12; 98-463, eff. 8-16-13.)
12		(305 ILCS 5/5-5.01a)
13		Sec. 5-5.01a. Supportive living facilities program.
14		(a) The Department shall establish and provide oversight
15		for a program of supportive living facilities that seek to
16		promote resident independence, dignity, respect, and
17		well-being in the most cost-effective manner.
18		A supportive living facility is (i) a free-standing
19		facility or (ii) a distinct physical and operational entity
20		within a mixed-use building that meets the criteria established
21		in subsection (d). A supportive living facility integrates
22		housing with health, personal care, and supportive services and
23		is a designated setting that offers residents their own
24		separate, private, and distinct living units.
25		Sites for the operation of the program shall be selected by

HB3342 Enrolled - 436 - LRB100 08528 SMS 18653 b
1		the Department based upon criteria that may include the need
2		for services in a geographic area, the availability of funding,
3		and the site's ability to meet the standards.
4		(b) Beginning July 1, 2014, subject to federal approval,
5		the Medicaid rates for supportive living facilities shall be
6		equal to the supportive living facility Medicaid rate effective
7		on June 30, 2014 increased by 8.85%. Once the assessment
8		imposed at Article V-G of this Code is determined to be a
9		permissible tax under Title XIX of the Social Security Act, the
10		Department shall increase the Medicaid rates for supportive
11		living facilities effective on July 1, 2014 by 9.09%. The
12		Department shall apply this increase retroactively to coincide
13		with the imposition of the assessment in Article V-G of this
14		Code in accordance with the approval for federal financial
15		participation by the Centers for Medicare and Medicaid
16		Services.
17		The Medicaid rates for supportive living facilities
18		effective on July 1, 2017 must be equal to the rates in effect
19		for supportive living facilities on June 30, 2017 increased by
20		2.8%.
21		The Medicaid rates for supportive living facilities
22		effective on July 1, 2018 must be equal to the rates in effect
23		for supportive living facilities on June 30, 2018.
24		(c) The Department may adopt rules to implement this
25		Section. Rules that establish or modify the services,
26		standards, and conditions for participation in the program

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1		shall be adopted by the Department in consultation with the
2		Department on Aging, the Department of Rehabilitation
3		Services, and the Department of Mental Health and Developmental
4		Disabilities (or their successor agencies).
5		(d) Subject to federal approval by the Centers for Medicare
6		and Medicaid Services, the Department shall accept for
7		consideration of certification under the program any
8		application for a site or building where distinct parts of the
9		site or building are designated for purposes other than the
10		provision of supportive living services, but only if:
11		(1) those distinct parts of the site or building are
12		not designated for the purpose of providing assisted living
13		services as required under the Assisted Living and Shared
14		Housing Act;
15		(2) those distinct parts of the site or building are
16		completely separate from the part of the building used for
17		the provision of supportive living program services,
18		including separate entrances;
19		(3) those distinct parts of the site or building do not
20		share any common spaces with the part of the building used
21		for the provision of supportive living program services;
22		and
23		(4) those distinct parts of the site or building do not
24		share staffing with the part of the building used for the
25		provision of supportive living program services.
26		(e) Facilities or distinct parts of facilities which are

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1		selected as supportive living facilities and are in good
2		standing with the Department's rules are exempt from the
3		provisions of the Nursing Home Care Act and the Illinois Health
4		Facilities Planning Act.
5		(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18.)
6		(305 ILCS 5/5-5.05a new)
7		Sec. 5-5.05a. Reimbursement rates; community mental health
8		centers. Notwithstanding the provisions of any other law,
9		reimbursement rates, including enhanced payment rates and rate
10		add-ons, for psychiatric and behavioral health services
11		provided in or by community mental health centers licensed or
12		certified by the Department of Human Services shall not be
13		lower than the rates for such services in effect on November 1,
14		2017. The Department of Healthcare and Family Services shall
15		apply for any waiver or State Plan amendment, if required, to
16		implement the reimbursement rates established in this Section.
17		Implementation of the reimbursement rates shall be contingent
18		on federal approval.
19		(305 ILCS 5/5-5.12b new)
20		Sec. 5-5.12b. Critical access care pharmacy program.
21		(a) As used in this Section:
22		"Critical access care pharmacy" means an Illinois-based
23		brick and mortar pharmacy that is located in a county with
24		fewer than 50,000 residents and that owns fewer than 10

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1		pharmacies.
2		"Critical access care pharmacy program payment" means the
3		number of individual prescriptions a critical access care
4		pharmacy fills during that quarter multiplied by the lesser of
5		the individual payment amount or the dispensing reimbursement
6		rate made by the Department under the medical assistance
7		program as of April 1, 2018.
8		"Individual payment amount" means the dividend of 1/4 of
9		the annual amount appropriated for the critical access care
10		pharmacy program by the number of prescriptions filled by all
11		critical access care pharmacies reimbursed by Medicaid managed
12		care organizations that quarter.
13		(b) Subject to appropriations, the Department shall
14		establish a critical access care pharmacy program to ensure the
15		sustainability of critical access pharmacies throughout the
16		State of Illinois.
17		(c) The critical access care pharmacy program shall not
18		exceed $10,000,000 annually and individual payment amounts per
19		prescription shall not exceed the dispensing rate that the
20		Department would have reimbursed under the Medical Assistance
21		Program as of April 1, 2018.
22		(d) Quarterly, the Department shall determine the number of
23		prescriptions filled by critical access care pharmacies
24		reimbursed by Medicaid managed care organizations utilizing
25		encounter data available to the Department. The Department
26		shall determine the individual payment amount per prescription

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1		by dividing 1/4 of the annual amount appropriated for the
2		critical access care pharmacy program by the number of
3		prescriptions filled by all critical access care pharmacies
4		reimbursed by Medicaid managed care organizations that
5		quarter. If the individual payment amount per prescription as
6		calculated using quarterly prescription amounts exceeds the
7		reimbursement rate under the medical assistance program as of
8		April 1, 2018, then the individual payment amount per
9		prescription shall be the dispensing reimbursement rate under
10		the medical assistance program as of April 1, 2018.
11		(e) Quarterly, the Department shall distribute to critical
12		access care pharmacies a critical access care pharmacy program
13		payment. The first payment shall be calculated utilizing the
14		encounter data from the last quarter of State fiscal year 2018.
15		(f) The Department may adopt rules permitting an
16		Illinois-based brick and mortar pharmacy that owns fewer than
17		10 pharmacies to receive critical access care pharmacy program
18		payments in the same manner as a critical access care pharmacy,
19		regardless of whether the pharmacy is located in a county with
20		a population of less than 50,000.
21		(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
22		Sec. 9A-11. Child care.
23		(a) The General Assembly recognizes that families with
24		children need child care in order to work. Child care is
25		expensive and families with low incomes, including those who

HB3342 Enrolled - 441 - LRB100 08528 SMS 18653 b
1		are transitioning from welfare to work, often struggle to pay
2		the costs of day care. The General Assembly understands the
3		importance of helping low income working families become and
4		remain self-sufficient. The General Assembly also believes
5		that it is the responsibility of families to share in the costs
6		of child care. It is also the preference of the General
7		Assembly that all working poor families should be treated
8		equally, regardless of their welfare status.
9		(b) To the extent resources permit, the Illinois Department
10		shall provide child care services to parents or other relatives
11		as defined by rule who are working or participating in
12		employment or Department approved education or training
13		programs. At a minimum, the Illinois Department shall cover the
14		following categories of families:
15		(1) recipients of TANF under Article IV participating
16		in work and training activities as specified in the
17		personal plan for employment and self-sufficiency;
18		(2) families transitioning from TANF to work;
19		(3) families at risk of becoming recipients of TANF;
20		(4) families with special needs as defined by rule;
21		(5) working families with very low incomes as defined
22		by rule; and
23		(6) families that are not recipients of TANF and that
24		need child care assistance to participate in education and
25		training activities.
26		The Department shall specify by rule the conditions of

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1		eligibility, the application process, and the types, amounts,
2		and duration of services. Eligibility for child care benefits
3		and the amount of child care provided may vary based on family
4		size, income, and other factors as specified by rule.
5		In determining income eligibility for child care benefits,
6		the Department annually, at the beginning of each fiscal year,
7		shall establish, by rule, one income threshold for each family
8		size, in relation to percentage of State median income for a
9		family of that size, that makes families with incomes below the
10		specified threshold eligible for assistance and families with
11		incomes above the specified threshold ineligible for
12		assistance. Through and including fiscal year 2007, the
13		specified threshold must be no less than 50% of the
14		then-current State median income for each family size.
15		Beginning in fiscal year 2008, the specified threshold must be
16		no less than 185% of the then-current federal poverty level for
17		each family size.
18		In determining eligibility for assistance, the Department
19		shall not give preference to any category of recipients or give
20		preference to individuals based on their receipt of benefits
21		under this Code.
22		Nothing in this Section shall be construed as conferring
23		entitlement status to eligible families.
24		The Illinois Department is authorized to lower income
25		eligibility ceilings, raise parent co-payments, create waiting
26		lists, or take such other actions during a fiscal year as are

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1		necessary to ensure that child care benefits paid under this
2		Article do not exceed the amounts appropriated for those child
3		care benefits. These changes may be accomplished by emergency
4		rule under Section 5-45 of the Illinois Administrative
5		Procedure Act, except that the limitation on the number of
6		emergency rules that may be adopted in a 24-month period shall
7		not apply.
8		The Illinois Department may contract with other State
9		agencies or child care organizations for the administration of
10		child care services.
11		(c) Payment shall be made for child care that otherwise
12		meets the requirements of this Section and applicable standards
13		of State and local law and regulation, including any
14		requirements the Illinois Department promulgates by rule in
15		addition to the licensure requirements promulgated by the
16		Department of Children and Family Services and Fire Prevention
17		and Safety requirements promulgated by the Office of the State
18		Fire Marshal and is provided in any of the following:
19		(1) a child care center which is licensed or exempt
20		from licensure pursuant to Section 2.09 of the Child Care
21		Act of 1969;
22		(2) a licensed child care home or home exempt from
23		licensing;
24		(3) a licensed group child care home;
25		(4) other types of child care, including child care
26		provided by relatives or persons living in the same home as

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1		the child, as determined by the Illinois Department by
2		rule.
3		(c-5) Solely for the purposes of coverage under the
4		Illinois Public Labor Relations Act, child and day care home
5		providers, including licensed and license exempt,
6		participating in the Department's child care assistance
7		program shall be considered to be public employees and the
8		State of Illinois shall be considered to be their employer as
9		of the effective date of this amendatory Act of the 94th
10		General Assembly, but not before. The State shall engage in
11		collective bargaining with an exclusive representative of
12		child and day care home providers participating in the child
13		care assistance program concerning their terms and conditions
14		of employment that are within the State's control. Nothing in
15		this subsection shall be understood to limit the right of
16		families receiving services defined in this Section to select
17		child and day care home providers or supervise them within the
18		limits of this Section. The State shall not be considered to be
19		the employer of child and day care home providers for any
20		purposes not specifically provided in this amendatory Act of
21		the 94th General Assembly, including but not limited to,
22		purposes of vicarious liability in tort and purposes of
23		statutory retirement or health insurance benefits. Child and
24		day care home providers shall not be covered by the State
25		Employees Group Insurance Act of 1971.
26		In according child and day care home providers and their

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1		selected representative rights under the Illinois Public Labor
2		Relations Act, the State intends that the State action
3		exemption to application of federal and State antitrust laws be
4		fully available to the extent that their activities are
5		authorized by this amendatory Act of the 94th General Assembly.
6		(d) The Illinois Department shall establish, by rule, a
7		co-payment scale that provides for cost sharing by families
8		that receive child care services, including parents whose only
9		income is from assistance under this Code. The co-payment shall
10		be based on family income and family size and may be based on
11		other factors as appropriate. Co-payments may be waived for
12		families whose incomes are at or below the federal poverty
13		level.
14		(d-5) The Illinois Department, in consultation with its
15		Child Care and Development Advisory Council, shall develop a
16		plan to revise the child care assistance program's co-payment
17		scale. The plan shall be completed no later than February 1,
18		2008, and shall include:
19		(1) findings as to the percentage of income that the
20		average American family spends on child care and the
21		relative amounts that low-income families and the average
22		American family spend on other necessities of life;
23		(2) recommendations for revising the child care
24		co-payment scale to assure that families receiving child
25		care services from the Department are paying no more than
26		they can reasonably afford;

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1		(3) recommendations for revising the child care
2		co-payment scale to provide at-risk children with complete
3		access to Preschool for All and Head Start; and
4		(4) recommendations for changes in child care program
5		policies that affect the affordability of child care.
6		(e) (Blank).
7		(f) The Illinois Department shall, by rule, set rates to be
8		paid for the various types of child care. Child care may be
9		provided through one of the following methods:
10		(1) arranging the child care through eligible
11		providers by use of purchase of service contracts or
12		vouchers;
13		(2) arranging with other agencies and community
14		volunteer groups for non-reimbursed child care;
15		(3) (blank); or
16		(4) adopting such other arrangements as the Department
17		determines appropriate.
18		(f-1) Within 30 days after the effective date of this
19		amendatory Act of the 100th General Assembly, the Department of
20		Human Services shall establish rates for child care providers
21		that are no less than the rates in effect on January 1, 2018
22		increased by 4.26%.
23		(f-5) (Blank).
24		(g) Families eligible for assistance under this Section
25		shall be given the following options:
26		(1) receiving a child care certificate issued by the

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1		Department or a subcontractor of the Department that may be
2		used by the parents as payment for child care and
3		development services only; or
4		(2) if space is available, enrolling the child with a
5		child care provider that has a purchase of service contract
6		with the Department or a subcontractor of the Department
7		for the provision of child care and development services.
8		The Department may identify particular priority
9		populations for whom they may request special
10		consideration by a provider with purchase of service
11		contracts, provided that the providers shall be permitted
12		to maintain a balance of clients in terms of household
13		incomes and families and children with special needs, as
14		defined by rule.
15		(Source: P.A. 100-387, eff. 8-25-17.)
16		(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
17		Sec. 12-4.11. Grant amounts. The Department, with due
18		regard for and subject to budgetary limitations, shall
19		establish grant amounts for each of the programs, by
20		regulation. The grant amounts may vary by program, size of
21		assistance unit and geographic area. Grant amounts under the
22		Temporary Assistance for Needy Families (TANF) program may not
23		vary on the basis of a TANF recipient's county of residence.
24		Aid payments shall not be reduced except: (1) for changes
25		in the cost of items included in the grant amounts, or (2) for

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1		changes in the expenses of the recipient, or (3) for changes in
2		the income or resources available to the recipient, or (4) for
3		changes in grants resulting from adoption of a consolidated
4		grant amount.
5		The maximum benefit levels provided to TANF recipients
6		shall increase as follows: beginning October 1, 2018, the
7		Department of Human Services shall increase TANF grant amounts
8		in effect on September 30, 2018 to at least 30% of the most
9		recent United States Department of Health and Human Services
10		Federal Poverty Guidelines for each family size.
11		TANF grants for child-only assistance units shall be at
12		least 75% of TANF grants for assistance units of the same size
13		that consist of a caretaker relative with children.
14		Subject to appropriation, beginning on July 1, 2008, the
15		Department of Human Services shall increase TANF grant amounts
16		in effect on June 30, 2008 by 15%. The Department is authorized
17		to administer this increase but may not otherwise adopt any
18		rule to implement this increase.
19		In fixing standards to govern payments or reimbursements
20		for funeral and burial expenses, the Department shall establish
21		a minimum allowable amount of not less than $1,000 for
22		Department payment of funeral services and not less than $500
23		for Department payment of burial or cremation services. On
24		January 1, 2006, July 1, 2006, and July 1, 2007, the Department
25		shall increase the minimum reimbursement amount for funeral and
26		burial expenses under this Section by a percentage equal to the

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1		percentage increase in the Consumer Price Index for All Urban
2		Consumers, if any, during the 12 months immediately preceding
3		that January 1 or July 1. In establishing the minimum allowable
4		amount, the Department shall take into account the services
5		essential to a dignified, low-cost (i) funeral and (ii) burial
6		or cremation, including reasonable amounts that may be
7		necessary for burial space and cemetery charges, and any
8		applicable taxes or other required governmental fees or
9		charges. If no person has agreed to pay the total cost of the
10		(i) funeral and (ii) burial or cremation charges, the
11		Department shall pay the vendor the actual costs of the (i)
12		funeral and (ii) burial or cremation, or the minimum allowable
13		amount for each service as established by the Department,
14		whichever is less, provided that the Department reduces its
15		payments by the amount available from the following sources:
16		the decedent's assets and available resources and the
17		anticipated amounts of any death benefits available to the
18		decedent's estate, and amounts paid and arranged to be paid by
19		the decedent's legally responsible relatives. A legally
20		responsible relative is expected to pay (i) funeral and (ii)
21		burial or cremation expenses unless financially unable to do
22		so.
23		Nothing contained in this Section or in any other Section
24		of this Code shall be construed to prohibit the Illinois
25		Department (1) from consolidating existing standards on the
26		basis of any standards which are or were in effect on, or

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1		subsequent to July 1, 1969, or (2) from employing any
2		consolidated standards in determining need for public aid and
3		the amount of money payment or grant for individual recipients
4		or recipient families.
5		(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09;
6		96-1000, eff. 7-2-10.)
7		ARTICLE 70. GENERAL ASSEMBLY
8		Section 70-5. The General Assembly Compensation Act is
9		amended by changing Section 1 as follows:
10		(25 ILCS 115/1) (from Ch. 63, par. 14)
11		Sec. 1. Each member of the General Assembly shall receive
12		an annual salary of $28,000 or as set by the Compensation
13		Review Board, whichever is greater. The following named
14		officers, committee chairmen and committee minority spokesmen
15		shall receive additional amounts per year for their services as
16		such officers, committee chairmen and committee minority
17		spokesmen respectively, as set by the Compensation Review Board
18		or, as follows, whichever is greater: Beginning the second
19		Wednesday in January 1989, the Speaker and the minority leader
20		of the House of Representatives and the President and the
21		minority leader of the Senate, $16,000 each; the majority
22		leader in the House of Representatives $13,500; 6 assistant
23		majority leaders and 5 assistant minority leaders in the

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1		Senate, $12,000 each; 6 assistant majority leaders and 6
2		assistant minority leaders in the House of Representatives,
3		$10,500 each; 2 Deputy Majority leaders in the House of
4		Representatives $11,500 each; and 2 Deputy Minority leaders in
5		the House of Representatives, $11,500 each; the majority caucus
6		chairman and minority caucus chairman in the Senate, $12,000
7		each; and beginning the second Wednesday in January, 1989, the
8		majority conference chairman and the minority conference
9		chairman in the House of Representatives, $10,500 each;
10		beginning the second Wednesday in January, 1989, the chairman
11		and minority spokesman of each standing committee of the
12		Senate, except the Rules Committee, the Committee on
13		Committees, and the Committee on Assignment of Bills, $6,000
14		each; and beginning the second Wednesday in January, 1989, the
15		chairman and minority spokesman of each standing and select
16		committee of the House of Representatives, $6,000 each. A
17		member who serves in more than one position as an officer,
18		committee chairman, or committee minority spokesman shall
19		receive only one additional amount based on the position paying
20		the highest additional amount. The compensation provided for in
21		this Section to be paid per year to members of the General
22		Assembly, including the additional sums payable per year to
23		officers of the General Assembly shall be paid in 12 equal
24		monthly installments. The first such installment is payable on
25		January 31, 1977. All subsequent equal monthly installments are
26		payable on the last working day of the month. A member who has

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1		held office any part of a month is entitled to compensation for
2		an entire month.
3		Mileage shall be paid at the rate of 20 cents per mile
4		before January 9, 1985, and at the mileage allowance rate in
5		effect under regulations promulgated pursuant to 5 U.S.C.
6		5707(b)(2) beginning January 9, 1985, for the number of actual
7		highway miles necessarily and conveniently traveled by the most
8		feasible route to be present upon convening of the sessions of
9		the General Assembly by such member in each and every trip
10		during each session in going to and returning from the seat of
11		government, to be computed by the Comptroller. A member
12		traveling by public transportation for such purposes, however,
13		shall be paid his actual cost of that transportation instead of
14		on the mileage rate if his cost of public transportation
15		exceeds the amount to which he would be entitled on a mileage
16		basis. No member may be paid, whether on a mileage basis or for
17		actual costs of public transportation, for more than one such
18		trip for each week the General Assembly is actually in session.
19		Each member shall also receive an allowance of $36 per day for
20		lodging and meals while in attendance at sessions of the
21		General Assembly before January 9, 1985; beginning January 9,
22		1985, such food and lodging allowance shall be equal to the
23		amount per day permitted to be deducted for such expenses under
24		the Internal Revenue Code; however, beginning May 31, 1995, no
25		allowance for food and lodging while in attendance at sessions
26		is authorized for periods of time after the last day in May of

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1		each calendar year, except (i) if the General Assembly is
2		convened in special session by either the Governor or the
3		presiding officers of both houses, as provided by subsection
4		(b) of Section 5 of Article IV of the Illinois Constitution or
5		(ii) if the General Assembly is convened to consider bills
6		vetoed, item vetoed, reduced, or returned with specific
7		recommendations for change by the Governor as provided in
8		Section 9 of Article IV of the Illinois Constitution. For
9		fiscal year 2011 and for session days in fiscal years 2012,
10		2013, 2014, 2015, 2016, 2017, and 2018, and 2019 only (i) the
11		allowance for lodging and meals is $111 per day and (ii)
12		mileage for automobile travel shall be reimbursed at a rate of
13		$0.39 per mile.
14		Notwithstanding any other provision of law to the contrary,
15		beginning in fiscal year 2012, travel reimbursement for General
16		Assembly members on non-session days shall be calculated using
17		the guidelines set forth by the Legislative Travel Control
18		Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
19		2017, and 2018, and 2019 mileage reimbursement is set at a rate
20		of $0.39 per mile.
21		If a member dies having received only a portion of the
22		amount payable as compensation, the unpaid balance shall be
23		paid to the surviving spouse of such member, or, if there be
24		none, to the estate of such member.
25		(Source: P.A. 99-355, eff. 8-13-15; 99-523, eff. 6-30-16;
26		100-25, eff. 7-26-17.)

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1		Section 70-10. The Compensation Review Act is amended by
2		adding Section 6.6 as follows:
3		(25 ILCS 120/6.6 new)
4		Sec. 6.6. FY19 COLAs prohibited. Notwithstanding any
5		former or current provision of this Act, any other law, any
6		report of the Compensation Review Board, or any resolution of
7		the General Assembly to the contrary, members of the General
8		Assembly, elected executive branch constitutional officers of
9		State government, and persons in certain appointed offices of
10		State government, including the membership of State
11		departments, agencies, boards, and commissions, whose annual
12		compensation previously was recommended or determined by the
13		Compensation Review Board, are prohibited from receiving and
14		shall not receive any increase in compensation that would
15		otherwise apply based on a cost of living adjustment, as
16		authorized by Senate Joint Resolution 192 of the 86th General
17		Assembly, for or during the fiscal year beginning July 1, 2018.
18		ARTICLE 75. TAX PROVISIONS
19		Section 75-5. The Illinois Income Tax Act is amended by
20		changing Sections 223 and 227 as follows:
21		(35 ILCS 5/223)

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1		Sec. 223. Hospital credit.
2		(a) For tax years ending on or after December 31, 2012 and
3		ending on or before December 31, 2022, a taxpayer that is the
4		owner of a hospital licensed under the Hospital Licensing Act,
5		but not including an organization that is exempt from federal
6		income taxes under the Internal Revenue Code, is entitled to a
7		credit against the taxes imposed under subsections (a) and (b)
8		of Section 201 of this Act in an amount equal to the lesser of
9		the amount of real property taxes paid during the tax year on
10		real property used for hospital purposes during the prior tax
11		year or the cost of free or discounted services provided during
12		the tax year pursuant to the hospital's charitable financial
13		assistance policy, measured at cost.
14		(b) If the taxpayer is a partnership or Subchapter S
15		corporation, the credit is allowed to the partners or
16		shareholders in accordance with the determination of income and
17		distributive share of income under Sections 702 and 704 and
18		Subchapter S of the Internal Revenue Code. A transfer of this
19		credit may be made by the taxpayer earning the credit within
20		one year after the credit is earned in accordance with rules
21		adopted by the Department. The Department shall prescribe rules
22		to enforce and administer provisions of this Section. If the
23		amount of the credit exceeds the tax liability for the year,
24		then the excess credit may be carried forward and applied to
25		the tax liability of the 5 taxable years following the excess
26		credit year. The credit shall be applied to the earliest year

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1		for which there is a tax liability. If there are credits from
2		more than one tax year that are available to offset a
3		liability, the earlier credit shall be applied first. In no
4		event shall a credit under this Section reduce the taxpayer's
5		liability to less than zero.
6		(Source: P.A. 97-688, eff. 6-14-12.)
7		(35 ILCS 5/227 new)
8		Sec. 227. Adoption credit.
9		(a) Beginning with tax years ending on or after December
10		31, 2018, in the case of an individual taxpayer there shall be
11		allowed a credit against the tax imposed by subsections (a) and
12		(b) of Section 201 in an amount equal to the amount of the
13		federal adoption tax credit received pursuant to Section 23 of
14		the Internal Revenue Code with respect to the adoption of a
15		qualifying dependent child, subject to the limitations set
16		forth in this subsection and subsection (b). The aggregate
17		amount of qualified adoption expenses which may be taken into
18		account under this Section for all taxable years with respect
19		to the adoption of a qualifying dependent child by the taxpayer
20		shall not exceed $2,000 ($1,000 in the case of a married
21		individual filing a separate return). The credit under this
22		Section shall be allowed: (i) in the case of any expense paid
23		or incurred before the taxable year in which such adoption
24		becomes final, for the taxable year following the taxable year
25		during which such expense is paid or incurred, and (ii) in the

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1		case of an expense paid or incurred during or after the taxable
2		year in which such adoption becomes final, for the taxable year
3		in which such expense is paid or incurred. No credit shall be
4		allowed under this Section for any expense to the extent that
5		funds for such expense are received under any Federal, State,
6		or local program. For purposes of this Section, spouses filing
7		a joint return shall be considered one taxpayer.
8		For a non-resident or part-year resident, the amount of the
9		credit under this Section shall be in proportion to the amount
10		of income attributable to this State.
11		(b) Increased credit amount for resident children. With
12		respect to the adoption of an eligible child who is at least
13		one year old and resides in Illinois at the time the expenses
14		are paid or incurred, subsection (a) shall be applied by
15		substituting $5,000 ($2,500 in the case of a married individual
16		filing a separate return) for $2,000.
17		(c) In no event shall a credit under this Section reduce
18		the taxpayer's liability to less than zero. If the amount of
19		the credit exceeds the income tax liability for the applicable
20		tax year, the excess may be carried forward and applied to the
21		tax liability of the 5 taxable years following the excess
22		credit year. The credit shall be applied to the earliest year
23		for which there is a tax liability. If there are credits from
24		more than one year that are available to offset a liability,
25		the earlier credit shall be applied first.
26		(d) The term "qualified adoption expenses" shall have the

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1		same meaning as under Section 23(d) of the Internal Revenue
2		Code.
3		ARTICLE 80. MARKETPLACE FAIRNESS
4		Section 80-5. The Use Tax Act is amended by changing
5		Section 2 as follows:
6		(35 ILCS 105/2) (from Ch. 120, par. 439.2)
7		Sec. 2. Definitions.
8		"Use" means the exercise by any person of any right or
9		power over tangible personal property incident to the ownership
10		of that property, except that it does not include the sale of
11		such property in any form as tangible personal property in the
12		regular course of business to the extent that such property is
13		not first subjected to a use for which it was purchased, and
14		does not include the use of such property by its owner for
15		demonstration purposes: Provided that the property purchased
16		is deemed to be purchased for the purpose of resale, despite
17		first being used, to the extent to which it is resold as an
18		ingredient of an intentionally produced product or by-product
19		of manufacturing. "Use" does not mean the demonstration use or
20		interim use of tangible personal property by a retailer before
21		he sells that tangible personal property. For watercraft or
22		aircraft, if the period of demonstration use or interim use by
23		the retailer exceeds 18 months, the retailer shall pay on the

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1		retailers' original cost price the tax imposed by this Act, and
2		no credit for that tax is permitted if the watercraft or
3		aircraft is subsequently sold by the retailer. "Use" does not
4		mean the physical incorporation of tangible personal property,
5		to the extent not first subjected to a use for which it was
6		purchased, as an ingredient or constituent, into other tangible
7		personal property (a) which is sold in the regular course of
8		business or (b) which the person incorporating such ingredient
9		or constituent therein has undertaken at the time of such
10		purchase to cause to be transported in interstate commerce to
11		destinations outside the State of Illinois: Provided that the
12		property purchased is deemed to be purchased for the purpose of
13		resale, despite first being used, to the extent to which it is
14		resold as an ingredient of an intentionally produced product or
15		by-product of manufacturing.
16		"Watercraft" means a Class 2, Class 3, or Class 4
17		watercraft as defined in Section 3-2 of the Boat Registration
18		and Safety Act, a personal watercraft, or any boat equipped
19		with an inboard motor.
20		"Purchase at retail" means the acquisition of the ownership
21		of or title to tangible personal property through a sale at
22		retail.
23		"Purchaser" means anyone who, through a sale at retail,
24		acquires the ownership of tangible personal property for a
25		valuable consideration.
26		"Sale at retail" means any transfer of the ownership of or

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1		title to tangible personal property to a purchaser, for the
2		purpose of use, and not for the purpose of resale in any form
3		as tangible personal property to the extent not first subjected
4		to a use for which it was purchased, for a valuable
5		consideration: Provided that the property purchased is deemed
6		to be purchased for the purpose of resale, despite first being
7		used, to the extent to which it is resold as an ingredient of
8		an intentionally produced product or by-product of
9		manufacturing. For this purpose, slag produced as an incident
10		to manufacturing pig iron or steel and sold is considered to be
11		an intentionally produced by-product of manufacturing. "Sale
12		at retail" includes any such transfer made for resale unless
13		made in compliance with Section 2c of the Retailers' Occupation
14		Tax Act, as incorporated by reference into Section 12 of this
15		Act. Transactions whereby the possession of the property is
16		transferred but the seller retains the title as security for
17		payment of the selling price are sales.
18		"Sale at retail" shall also be construed to include any
19		Illinois florist's sales transaction in which the purchase
20		order is received in Illinois by a florist and the sale is for
21		use or consumption, but the Illinois florist has a florist in
22		another state deliver the property to the purchaser or the
23		purchaser's donee in such other state.
24		Nonreusable tangible personal property that is used by
25		persons engaged in the business of operating a restaurant,
26		cafeteria, or drive-in is a sale for resale when it is

HB3342 Enrolled - 461 - LRB100 08528 SMS 18653 b
1		transferred to customers in the ordinary course of business as
2		part of the sale of food or beverages and is used to deliver,
3		package, or consume food or beverages, regardless of where
4		consumption of the food or beverages occurs. Examples of those
5		items include, but are not limited to nonreusable, paper and
6		plastic cups, plates, baskets, boxes, sleeves, buckets or other
7		containers, utensils, straws, placemats, napkins, doggie bags,
8		and wrapping or packaging materials that are transferred to
9		customers as part of the sale of food or beverages in the
10		ordinary course of business.
11		The purchase, employment and transfer of such tangible
12		personal property as newsprint and ink for the primary purpose
13		of conveying news (with or without other information) is not a
14		purchase, use or sale of tangible personal property.
15		"Selling price" means the consideration for a sale valued
16		in money whether received in money or otherwise, including
17		cash, credits, property other than as hereinafter provided, and
18		services, but not including the value of or credit given for
19		traded-in tangible personal property where the item that is
20		traded-in is of like kind and character as that which is being
21		sold, and shall be determined without any deduction on account
22		of the cost of the property sold, the cost of materials used,
23		labor or service cost or any other expense whatsoever, but does
24		not include interest or finance charges which appear as
25		separate items on the bill of sale or sales contract nor
26		charges that are added to prices by sellers on account of the

HB3342 Enrolled - 462 - LRB100 08528 SMS 18653 b
1		seller's tax liability under the "Retailers' Occupation Tax
2		Act", or on account of the seller's duty to collect, from the
3		purchaser, the tax that is imposed by this Act, or, except as
4		otherwise provided with respect to any cigarette tax imposed by
5		a home rule unit, on account of the seller's tax liability
6		under any local occupation tax administered by the Department,
7		or, except as otherwise provided with respect to any cigarette
8		tax imposed by a home rule unit on account of the seller's duty
9		to collect, from the purchasers, the tax that is imposed under
10		any local use tax administered by the Department. Effective
11		December 1, 1985, "selling price" shall include charges that
12		are added to prices by sellers on account of the seller's tax
13		liability under the Cigarette Tax Act, on account of the
14		seller's duty to collect, from the purchaser, the tax imposed
15		under the Cigarette Use Tax Act, and on account of the seller's
16		duty to collect, from the purchaser, any cigarette tax imposed
17		by a home rule unit.
18		Notwithstanding any law to the contrary, for any motor
19		vehicle, as defined in Section 1-146 of the Vehicle Code, that
20		is sold on or after January 1, 2015 for the purpose of leasing
21		the vehicle for a defined period that is longer than one year
22		and (1) is a motor vehicle of the second division that: (A) is
23		a self-contained motor vehicle designed or permanently
24		converted to provide living quarters for recreational,
25		camping, or travel use, with direct walk through access to the
26		living quarters from the driver's seat; (B) is of the van

HB3342 Enrolled - 463 - LRB100 08528 SMS 18653 b
1		configuration designed for the transportation of not less than
2		7 nor more than 16 passengers; or (C) has a gross vehicle
3		weight rating of 8,000 pounds or less or (2) is a motor vehicle
4		of the first division, "selling price" or "amount of sale"
5		means the consideration received by the lessor pursuant to the
6		lease contract, including amounts due at lease signing and all
7		monthly or other regular payments charged over the term of the
8		lease. Also included in the selling price is any amount
9		received by the lessor from the lessee for the leased vehicle
10		that is not calculated at the time the lease is executed,
11		including, but not limited to, excess mileage charges and
12		charges for excess wear and tear. For sales that occur in
13		Illinois, with respect to any amount received by the lessor
14		from the lessee for the leased vehicle that is not calculated
15		at the time the lease is executed, the lessor who purchased the
16		motor vehicle does not incur the tax imposed by the Use Tax Act
17		on those amounts, and the retailer who makes the retail sale of
18		the motor vehicle to the lessor is not required to collect the
19		tax imposed by this Act or to pay the tax imposed by the
20		Retailers' Occupation Tax Act on those amounts. However, the
21		lessor who purchased the motor vehicle assumes the liability
22		for reporting and paying the tax on those amounts directly to
23		the Department in the same form (Illinois Retailers' Occupation
24		Tax, and local retailers' occupation taxes, if applicable) in
25		which the retailer would have reported and paid such tax if the
26		retailer had accounted for the tax to the Department. For

HB3342 Enrolled - 464 - LRB100 08528 SMS 18653 b
1		amounts received by the lessor from the lessee that are not
2		calculated at the time the lease is executed, the lessor must
3		file the return and pay the tax to the Department by the due
4		date otherwise required by this Act for returns other than
5		transaction returns. If the retailer is entitled under this Act
6		to a discount for collecting and remitting the tax imposed
7		under this Act to the Department with respect to the sale of
8		the motor vehicle to the lessor, then the right to the discount
9		provided in this Act shall be transferred to the lessor with
10		respect to the tax paid by the lessor for any amount received
11		by the lessor from the lessee for the leased vehicle that is
12		not calculated at the time the lease is executed; provided that
13		the discount is only allowed if the return is timely filed and
14		for amounts timely paid. The "selling price" of a motor vehicle
15		that is sold on or after January 1, 2015 for the purpose of
16		leasing for a defined period of longer than one year shall not
17		be reduced by the value of or credit given for traded-in
18		tangible personal property owned by the lessor, nor shall it be
19		reduced by the value of or credit given for traded-in tangible
20		personal property owned by the lessee, regardless of whether
21		the trade-in value thereof is assigned by the lessee to the
22		lessor. In the case of a motor vehicle that is sold for the
23		purpose of leasing for a defined period of longer than one
24		year, the sale occurs at the time of the delivery of the
25		vehicle, regardless of the due date of any lease payments. A
26		lessor who incurs a Retailers' Occupation Tax liability on the

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1		sale of a motor vehicle coming off lease may not take a credit
2		against that liability for the Use Tax the lessor paid upon the
3		purchase of the motor vehicle (or for any tax the lessor paid
4		with respect to any amount received by the lessor from the
5		lessee for the leased vehicle that was not calculated at the
6		time the lease was executed) if the selling price of the motor
7		vehicle at the time of purchase was calculated using the
8		definition of "selling price" as defined in this paragraph.
9		Notwithstanding any other provision of this Act to the
10		contrary, lessors shall file all returns and make all payments
11		required under this paragraph to the Department by electronic
12		means in the manner and form as required by the Department.
13		This paragraph does not apply to leases of motor vehicles for
14		which, at the time the lease is entered into, the term of the
15		lease is not a defined period, including leases with a defined
16		initial period with the option to continue the lease on a
17		month-to-month or other basis beyond the initial defined
18		period.
19		The phrase "like kind and character" shall be liberally
20		construed (including but not limited to any form of motor
21		vehicle for any form of motor vehicle, or any kind of farm or
22		agricultural implement for any other kind of farm or
23		agricultural implement), while not including a kind of item
24		which, if sold at retail by that retailer, would be exempt from
25		retailers' occupation tax and use tax as an isolated or
26		occasional sale.

HB3342 Enrolled - 466 - LRB100 08528 SMS 18653 b
1		"Department" means the Department of Revenue.
2		"Person" means any natural individual, firm, partnership,
3		association, joint stock company, joint adventure, public or
4		private corporation, limited liability company, or a receiver,
5		executor, trustee, guardian or other representative appointed
6		by order of any court.
7		"Retailer" means and includes every person engaged in the
8		business of making sales at retail as defined in this Section.
9		A person who holds himself or herself out as being engaged
10		(or who habitually engages) in selling tangible personal
11		property at retail is a retailer hereunder with respect to such
12		sales (and not primarily in a service occupation)
13		notwithstanding the fact that such person designs and produces
14		such tangible personal property on special order for the
15		purchaser and in such a way as to render the property of value
16		only to such purchaser, if such tangible personal property so
17		produced on special order serves substantially the same
18		function as stock or standard items of tangible personal
19		property that are sold at retail.
20		A person whose activities are organized and conducted
21		primarily as a not-for-profit service enterprise, and who
22		engages in selling tangible personal property at retail
23		(whether to the public or merely to members and their guests)
24		is a retailer with respect to such transactions, excepting only
25		a person organized and operated exclusively for charitable,
26		religious or educational purposes either (1), to the extent of

HB3342 Enrolled - 467 - LRB100 08528 SMS 18653 b
1		sales by such person to its members, students, patients or
2		inmates of tangible personal property to be used primarily for
3		the purposes of such person, or (2), to the extent of sales by
4		such person of tangible personal property which is not sold or
5		offered for sale by persons organized for profit. The selling
6		of school books and school supplies by schools at retail to
7		students is not "primarily for the purposes of" the school
8		which does such selling. This paragraph does not apply to nor
9		subject to taxation occasional dinners, social or similar
10		activities of a person organized and operated exclusively for
11		charitable, religious or educational purposes, whether or not
12		such activities are open to the public.
13		A person who is the recipient of a grant or contract under
14		Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
15		serves meals to participants in the federal Nutrition Program
16		for the Elderly in return for contributions established in
17		amount by the individual participant pursuant to a schedule of
18		suggested fees as provided for in the federal Act is not a
19		retailer under this Act with respect to such transactions.
20		Persons who engage in the business of transferring tangible
21		personal property upon the redemption of trading stamps are
22		retailers hereunder when engaged in such business.
23		The isolated or occasional sale of tangible personal
24		property at retail by a person who does not hold himself out as
25		being engaged (or who does not habitually engage) in selling
26		such tangible personal property at retail or a sale through a

HB3342 Enrolled - 468 - LRB100 08528 SMS 18653 b
1		bulk vending machine does not make such person a retailer
2		hereunder. However, any person who is engaged in a business
3		which is not subject to the tax imposed by the "Retailers'
4		Occupation Tax Act" because of involving the sale of or a
5		contract to sell real estate or a construction contract to
6		improve real estate, but who, in the course of conducting such
7		business, transfers tangible personal property to users or
8		consumers in the finished form in which it was purchased, and
9		which does not become real estate, under any provision of a
10		construction contract or real estate sale or real estate sales
11		agreement entered into with some other person arising out of or
12		because of such nontaxable business, is a retailer to the
13		extent of the value of the tangible personal property so
14		transferred. If, in such transaction, a separate charge is made
15		for the tangible personal property so transferred, the value of
16		such property, for the purposes of this Act, is the amount so
17		separately charged, but not less than the cost of such property
18		to the transferor; if no separate charge is made, the value of
19		such property, for the purposes of this Act, is the cost to the
20		transferor of such tangible personal property.
21		"Retailer maintaining a place of business in this State",
22		or any like term, means and includes any of the following
23		retailers:
24		(1) 1. A retailer having or maintaining within this
25		State, directly or by a subsidiary, an office, distribution
26		house, sales house, warehouse or other place of business,

HB3342 Enrolled - 469 - LRB100 08528 SMS 18653 b
1		or any agent or other representative operating within this
2		State under the authority of the retailer or its
3		subsidiary, irrespective of whether such place of business
4		or agent or other representative is located here
5		permanently or temporarily, or whether such retailer or
6		subsidiary is licensed to do business in this State.
7		However, the ownership of property that is located at the
8		premises of a printer with which the retailer has
9		contracted for printing and that consists of the final
10		printed product, property that becomes a part of the final
11		printed product, or copy from which the printed product is
12		produced shall not result in the retailer being deemed to
13		have or maintain an office, distribution house, sales
14		house, warehouse, or other place of business within this
15		State.
16		(1.1) 1.1. A retailer having a contract with a person
17		located in this State under which the person, for a
18		commission or other consideration based upon the sale of
19		tangible personal property by the retailer, directly or
20		indirectly refers potential customers to the retailer by
21		providing to the potential customers a promotional code or
22		other mechanism that allows the retailer to track purchases
23		referred by such persons. Examples of mechanisms that allow
24		the retailer to track purchases referred by such persons
25		include but are not limited to the use of a link on the
26		person's Internet website, promotional codes distributed

HB3342 Enrolled - 470 - LRB100 08528 SMS 18653 b
1		through the person's hand-delivered or mailed material,
2		and promotional codes distributed by the person through
3		radio or other broadcast media. The provisions of this
4		paragraph (1.1) 1.1 shall apply only if the cumulative
5		gross receipts from sales of tangible personal property by
6		the retailer to customers who are referred to the retailer
7		by all persons in this State under such contracts exceed
8		$10,000 during the preceding 4 quarterly periods ending on
9		the last day of March, June, September, and December. A
10		retailer meeting the requirements of this paragraph (1.1)
11		1.1 shall be presumed to be maintaining a place of business
12		in this State but may rebut this presumption by submitting
13		proof that the referrals or other activities pursued within
14		this State by such persons were not sufficient to meet the
15		nexus standards of the United States Constitution during
16		the preceding 4 quarterly periods.
17		(1.2) 1.2. Beginning July 1, 2011, a retailer having a
18		contract with a person located in this State under which:
19		(A) A. the retailer sells the same or substantially
20		similar line of products as the person located in this
21		State and does so using an identical or substantially
22		similar name, trade name, or trademark as the person
23		located in this State; and
24		(B) B. the retailer provides a commission or other
25		consideration to the person located in this State based
26		upon the sale of tangible personal property by the

HB3342 Enrolled - 471 - LRB100 08528 SMS 18653 b
1		retailer.
2		The provisions of this paragraph (1.2) 1.2 shall apply only
3		if the cumulative gross receipts from sales of tangible
4		personal property by the retailer to customers in this
5		State under all such contracts exceed $10,000 during the
6		preceding 4 quarterly periods ending on the last day of
7		March, June, September, and December.
8		(2) 2. A retailer soliciting orders for tangible
9		personal property by means of a telecommunication or
10		television shopping system (which utilizes toll free
11		numbers) which is intended by the retailer to be broadcast
12		by cable television or other means of broadcasting, to
13		consumers located in this State.
14		(3) 3. A retailer, pursuant to a contract with a
15		broadcaster or publisher located in this State, soliciting
16		orders for tangible personal property by means of
17		advertising which is disseminated primarily to consumers
18		located in this State and only secondarily to bordering
19		jurisdictions.
20		(4) 4. A retailer soliciting orders for tangible
21		personal property by mail if the solicitations are
22		substantial and recurring and if the retailer benefits from
23		any banking, financing, debt collection,
24		telecommunication, or marketing activities occurring in
25		this State or benefits from the location in this State of
26		authorized installation, servicing, or repair facilities.

HB3342 Enrolled - 472 - LRB100 08528 SMS 18653 b
1		(5) 5. A retailer that is owned or controlled by the
2		same interests that own or control any retailer engaging in
3		business in the same or similar line of business in this
4		State.
5		(6) 6. A retailer having a franchisee or licensee
6		operating under its trade name if the franchisee or
7		licensee is required to collect the tax under this Section.
8		(7) 7. A retailer, pursuant to a contract with a cable
9		television operator located in this State, soliciting
10		orders for tangible personal property by means of
11		advertising which is transmitted or distributed over a
12		cable television system in this State.
13		(8) 8. A retailer engaging in activities in Illinois,
14		which activities in the state in which the retail business
15		engaging in such activities is located would constitute
16		maintaining a place of business in that state.
17		(9) Beginning October 1, 2018, a retailer making sales
18		of tangible personal property to purchasers in Illinois
19		from outside of Illinois if:
20		(A) the cumulative gross receipts from sales of
21		tangible personal property to purchasers in Illinois
22		are $100,000 or more; or
23		(B) the retailer enters into 200 or more separate
24		transactions for the sale of tangible personal
25		property to purchasers in Illinois.
26		The retailer shall determine on a quarterly basis,

HB3342 Enrolled - 473 - LRB100 08528 SMS 18653 b
1		ending on the last day of March, June, September, and
2		December, whether he or she meets the criteria of either
3		subparagraph (A) or (B) of this paragraph (9) for the
4		preceding 12-month period. If the retailer meets the
5		criteria of either subparagraph (A) or (B) for a 12-month
6		period, he or she is considered a retailer maintaining a
7		place of business in this State and is required to collect
8		and remit the tax imposed under this Act and file returns
9		for one year. At the end of that one-year period, the
10		retailer shall determine whether the retailer met the
11		criteria of either subparagraph (A) or (B) during the
12		preceding 12-month period. If the retailer met the criteria
13		in either subparagraph (A) or (B) for the preceding
14		12-month period, he or she is considered a retailer
15		maintaining a place of business in this State and is
16		required to collect and remit the tax imposed under this
17		Act and file returns for the subsequent year. If at the end
18		of a one-year period a retailer that was required to
19		collect and remit the tax imposed under this Act determines
20		that he or she did not meet the criteria in either
21		subparagraph (A) or (B) during the preceding 12-month
22		period, the retailer shall subsequently determine on a
23		quarterly basis, ending on the last day of March, June,
24		September, and December, whether he or she meets the
25		criteria of either subparagraph (A) or (B) for the
26		preceding 12-month period.

HB3342 Enrolled - 474 - LRB100 08528 SMS 18653 b
1		"Bulk vending machine" means a vending machine, containing
2		unsorted confections, nuts, toys, or other items designed
3		primarily to be used or played with by children which, when a
4		coin or coins of a denomination not larger than $0.50 are
5		inserted, are dispensed in equal portions, at random and
6		without selection by the customer.
7		(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
8		98-1089, eff. 1-1-15; 99-78, eff. 7-20-15.)
9		Section 80-10. The Service Use Tax Act is amended by
10		changing Section 2 as follows:
11		(35 ILCS 110/2) (from Ch. 120, par. 439.32)
12		Sec. 2. Definitions. In this Act:
13		"Use" means the exercise by any person of any right or
14		power over tangible personal property incident to the ownership
15		of that property, but does not include the sale or use for
16		demonstration by him of that property in any form as tangible
17		personal property in the regular course of business. "Use" does
18		not mean the interim use of tangible personal property nor the
19		physical incorporation of tangible personal property, as an
20		ingredient or constituent, into other tangible personal
21		property, (a) which is sold in the regular course of business
22		or (b) which the person incorporating such ingredient or
23		constituent therein has undertaken at the time of such purchase
24		to cause to be transported in interstate commerce to

HB3342 Enrolled - 475 - LRB100 08528 SMS 18653 b
1		destinations outside the State of Illinois.
2		"Purchased from a serviceman" means the acquisition of the
3		ownership of, or title to, tangible personal property through a
4		sale of service.
5		"Purchaser" means any person who, through a sale of
6		service, acquires the ownership of, or title to, any tangible
7		personal property.
8		"Cost price" means the consideration paid by the serviceman
9		for a purchase valued in money, whether paid in money or
10		otherwise, including cash, credits and services, and shall be
11		determined without any deduction on account of the supplier's
12		cost of the property sold or on account of any other expense
13		incurred by the supplier. When a serviceman contracts out part
14		or all of the services required in his sale of service, it
15		shall be presumed that the cost price to the serviceman of the
16		property transferred to him or her by his or her subcontractor
17		is equal to 50% of the subcontractor's charges to the
18		serviceman in the absence of proof of the consideration paid by
19		the subcontractor for the purchase of such property.
20		"Selling price" means the consideration for a sale valued
21		in money whether received in money or otherwise, including
22		cash, credits and service, and shall be determined without any
23		deduction on account of the serviceman's cost of the property
24		sold, the cost of materials used, labor or service cost or any
25		other expense whatsoever, but does not include interest or
26		finance charges which appear as separate items on the bill of

HB3342 Enrolled - 476 - LRB100 08528 SMS 18653 b
1		sale or sales contract nor charges that are added to prices by
2		sellers on account of the seller's duty to collect, from the
3		purchaser, the tax that is imposed by this Act.
4		"Department" means the Department of Revenue.
5		"Person" means any natural individual, firm, partnership,
6		association, joint stock company, joint venture, public or
7		private corporation, limited liability company, and any
8		receiver, executor, trustee, guardian or other representative
9		appointed by order of any court.
10		"Sale of service" means any transaction except:
11		(1) a retail sale of tangible personal property taxable
12		under the Retailers' Occupation Tax Act or under the Use
13		Tax Act.
14		(2) a sale of tangible personal property for the
15		purpose of resale made in compliance with Section 2c of the
16		Retailers' Occupation Tax Act.
17		(3) except as hereinafter provided, a sale or transfer
18		of tangible personal property as an incident to the
19		rendering of service for or by any governmental body, or
20		for or by any corporation, society, association,
21		foundation or institution organized and operated
22		exclusively for charitable, religious or educational
23		purposes or any not-for-profit corporation, society,
24		association, foundation, institution or organization which
25		has no compensated officers or employees and which is
26		organized and operated primarily for the recreation of

HB3342 Enrolled - 477 - LRB100 08528 SMS 18653 b
1		persons 55 years of age or older. A limited liability
2		company may qualify for the exemption under this paragraph
3		only if the limited liability company is organized and
4		operated exclusively for educational purposes.
5		(4) (blank).
6		(4a) a sale or transfer of tangible personal property
7		as an incident to the rendering of service for owners,
8		lessors, or shippers of tangible personal property which is
9		utilized by interstate carriers for hire for use as rolling
10		stock moving in interstate commerce so long as so used by
11		interstate carriers for hire, and equipment operated by a
12		telecommunications provider, licensed as a common carrier
13		by the Federal Communications Commission, which is
14		permanently installed in or affixed to aircraft moving in
15		interstate commerce.
16		(4a-5) on and after July 1, 2003 and through June 30,
17		2004, a sale or transfer of a motor vehicle of the second
18		division with a gross vehicle weight in excess of 8,000
19		pounds as an incident to the rendering of service if that
20		motor vehicle is subject to the commercial distribution fee
21		imposed under Section 3-815.1 of the Illinois Vehicle Code.
22		Beginning on July 1, 2004 and through June 30, 2005, the
23		use in this State of motor vehicles of the second division:
24		(i) with a gross vehicle weight rating in excess of 8,000
25		pounds; (ii) that are subject to the commercial
26		distribution fee imposed under Section 3-815.1 of the

HB3342 Enrolled - 478 - LRB100 08528 SMS 18653 b
1		Illinois Vehicle Code; and (iii) that are primarily used
2		for commercial purposes. Through June 30, 2005, this
3		exemption applies to repair and replacement parts added
4		after the initial purchase of such a motor vehicle if that
5		motor vehicle is used in a manner that would qualify for
6		the rolling stock exemption otherwise provided for in this
7		Act. For purposes of this paragraph, "used for commercial
8		purposes" means the transportation of persons or property
9		in furtherance of any commercial or industrial enterprise
10		whether for-hire or not.
11		(5) a sale or transfer of machinery and equipment used
12		primarily in the process of the manufacturing or
13		assembling, either in an existing, an expanded or a new
14		manufacturing facility, of tangible personal property for
15		wholesale or retail sale or lease, whether such sale or
16		lease is made directly by the manufacturer or by some other
17		person, whether the materials used in the process are owned
18		by the manufacturer or some other person, or whether such
19		sale or lease is made apart from or as an incident to the
20		seller's engaging in a service occupation and the
21		applicable tax is a Service Use Tax or Service Occupation
22		Tax, rather than Use Tax or Retailers' Occupation Tax. The
23		exemption provided by this paragraph (5) does not include
24		machinery and equipment used in (i) the generation of
25		electricity for wholesale or retail sale; (ii) the
26		generation or treatment of natural or artificial gas for

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1		wholesale or retail sale that is delivered to customers
2		through pipes, pipelines, or mains; or (iii) the treatment
3		of water for wholesale or retail sale that is delivered to
4		customers through pipes, pipelines, or mains. The
5		provisions of Public Act 98-583 this amendatory Act of the
6		98th General Assembly are declaratory of existing law as to
7		the meaning and scope of this exemption. The exemption
8		under this paragraph (5) is exempt from the provisions of
9		Section 3-75.
10		(5a) the repairing, reconditioning or remodeling, for
11		a common carrier by rail, of tangible personal property
12		which belongs to such carrier for hire, and as to which
13		such carrier receives the physical possession of the
14		repaired, reconditioned or remodeled item of tangible
15		personal property in Illinois, and which such carrier
16		transports, or shares with another common carrier in the
17		transportation of such property, out of Illinois on a
18		standard uniform bill of lading showing the person who
19		repaired, reconditioned or remodeled the property to a
20		destination outside Illinois, for use outside Illinois.
21		(5b) a sale or transfer of tangible personal property
22		which is produced by the seller thereof on special order in
23		such a way as to have made the applicable tax the Service
24		Occupation Tax or the Service Use Tax, rather than the
25		Retailers' Occupation Tax or the Use Tax, for an interstate
26		carrier by rail which receives the physical possession of

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1		such property in Illinois, and which transports such
2		property, or shares with another common carrier in the
3		transportation of such property, out of Illinois on a
4		standard uniform bill of lading showing the seller of the
5		property as the shipper or consignor of such property to a
6		destination outside Illinois, for use outside Illinois.
7		(6) until July 1, 2003, a sale or transfer of
8		distillation machinery and equipment, sold as a unit or kit
9		and assembled or installed by the retailer, which machinery
10		and equipment is certified by the user to be used only for
11		the production of ethyl alcohol that will be used for
12		consumption as motor fuel or as a component of motor fuel
13		for the personal use of such user and not subject to sale
14		or resale.
15		(7) at the election of any serviceman not required to
16		be otherwise registered as a retailer under Section 2a of
17		the Retailers' Occupation Tax Act, made for each fiscal
18		year sales of service in which the aggregate annual cost
19		price of tangible personal property transferred as an
20		incident to the sales of service is less than 35%, or 75%
21		in the case of servicemen transferring prescription drugs
22		or servicemen engaged in graphic arts production, of the
23		aggregate annual total gross receipts from all sales of
24		service. The purchase of such tangible personal property by
25		the serviceman shall be subject to tax under the Retailers'
26		Occupation Tax Act and the Use Tax Act. However, if a

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1		primary serviceman who has made the election described in
2		this paragraph subcontracts service work to a secondary
3		serviceman who has also made the election described in this
4		paragraph, the primary serviceman does not incur a Use Tax
5		liability if the secondary serviceman (i) has paid or will
6		pay Use Tax on his or her cost price of any tangible
7		personal property transferred to the primary serviceman
8		and (ii) certifies that fact in writing to the primary
9		serviceman.
10		Tangible personal property transferred incident to the
11		completion of a maintenance agreement is exempt from the tax
12		imposed pursuant to this Act.
13		Exemption (5) also includes machinery and equipment used in
14		the general maintenance or repair of such exempt machinery and
15		equipment or for in-house manufacture of exempt machinery and
16		equipment. On and after July 1, 2017, exemption (5) also
17		includes graphic arts machinery and equipment, as defined in
18		paragraph (5) of Section 3-5. The machinery and equipment
19		exemption does not include machinery and equipment used in (i)
20		the generation of electricity for wholesale or retail sale;
21		(ii) the generation or treatment of natural or artificial gas
22		for wholesale or retail sale that is delivered to customers
23		through pipes, pipelines, or mains; or (iii) the treatment of
24		water for wholesale or retail sale that is delivered to
25		customers through pipes, pipelines, or mains. The provisions of
26		Public Act 98-583 this amendatory Act of the 98th General

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1		Assembly are declaratory of existing law as to the meaning and
2		scope of this exemption. For the purposes of exemption (5),
3		each of these terms shall have the following meanings: (1)
4		"manufacturing process" shall mean the production of any
5		article of tangible personal property, whether such article is
6		a finished product or an article for use in the process of
7		manufacturing or assembling a different article of tangible
8		personal property, by procedures commonly regarded as
9		manufacturing, processing, fabricating, or refining which
10		changes some existing material or materials into a material
11		with a different form, use or name. In relation to a recognized
12		integrated business composed of a series of operations which
13		collectively constitute manufacturing, or individually
14		constitute manufacturing operations, the manufacturing process
15		shall be deemed to commence with the first operation or stage
16		of production in the series, and shall not be deemed to end
17		until the completion of the final product in the last operation
18		or stage of production in the series; and further, for purposes
19		of exemption (5), photoprocessing is deemed to be a
20		manufacturing process of tangible personal property for
21		wholesale or retail sale; (2) "assembling process" shall mean
22		the production of any article of tangible personal property,
23		whether such article is a finished product or an article for
24		use in the process of manufacturing or assembling a different
25		article of tangible personal property, by the combination of
26		existing materials in a manner commonly regarded as assembling

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1		which results in a material of a different form, use or name;
2		(3) "machinery" shall mean major mechanical machines or major
3		components of such machines contributing to a manufacturing or
4		assembling process; and (4) "equipment" shall include any
5		independent device or tool separate from any machinery but
6		essential to an integrated manufacturing or assembly process;
7		including computers used primarily in a manufacturer's
8		computer assisted design, computer assisted manufacturing
9		(CAD/CAM) system; or any subunit or assembly comprising a
10		component of any machinery or auxiliary, adjunct or attachment
11		parts of machinery, such as tools, dies, jigs, fixtures,
12		patterns and molds; or any parts which require periodic
13		replacement in the course of normal operation; but shall not
14		include hand tools. Equipment includes chemicals or chemicals
15		acting as catalysts but only if the chemicals or chemicals
16		acting as catalysts effect a direct and immediate change upon a
17		product being manufactured or assembled for wholesale or retail
18		sale or lease. The purchaser of such machinery and equipment
19		who has an active resale registration number shall furnish such
20		number to the seller at the time of purchase. The user of such
21		machinery and equipment and tools without an active resale
22		registration number shall prepare a certificate of exemption
23		for each transaction stating facts establishing the exemption
24		for that transaction, which certificate shall be available to
25		the Department for inspection or audit. The Department shall
26		prescribe the form of the certificate.

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1		Any informal rulings, opinions or letters issued by the
2		Department in response to an inquiry or request for any opinion
3		from any person regarding the coverage and applicability of
4		exemption (5) to specific devices shall be published,
5		maintained as a public record, and made available for public
6		inspection and copying. If the informal ruling, opinion or
7		letter contains trade secrets or other confidential
8		information, where possible the Department shall delete such
9		information prior to publication. Whenever such informal
10		rulings, opinions, or letters contain any policy of general
11		applicability, the Department shall formulate and adopt such
12		policy as a rule in accordance with the provisions of the
13		Illinois Administrative Procedure Act.
14		On and after July 1, 1987, no entity otherwise eligible
15		under exemption (3) of this Section shall make tax-free tax
16		free purchases unless it has an active exemption identification
17		number issued by the Department.
18		The purchase, employment and transfer of such tangible
19		personal property as newsprint and ink for the primary purpose
20		of conveying news (with or without other information) is not a
21		purchase, use or sale of service or of tangible personal
22		property within the meaning of this Act.
23		"Serviceman" means any person who is engaged in the
24		occupation of making sales of service.
25		"Sale at retail" means "sale at retail" as defined in the
26		Retailers' Occupation Tax Act.

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1		"Supplier" means any person who makes sales of tangible
2		personal property to servicemen for the purpose of resale as an
3		incident to a sale of service.
4		"Serviceman maintaining a place of business in this State",
5		or any like term, means and includes any serviceman:
6		(1) 1. having or maintaining within this State,
7		directly or by a subsidiary, an office, distribution house,
8		sales house, warehouse or other place of business, or any
9		agent or other representative operating within this State
10		under the authority of the serviceman or its subsidiary,
11		irrespective of whether such place of business or agent or
12		other representative is located here permanently or
13		temporarily, or whether such serviceman or subsidiary is
14		licensed to do business in this State;
15		(1.1) 1.1. having a contract with a person located in
16		this State under which the person, for a commission or
17		other consideration based on the sale of service by the
18		serviceman, directly or indirectly refers potential
19		customers to the serviceman by providing to the potential
20		customers a promotional code or other mechanism that allows
21		the serviceman to track purchases referred by such persons.
22		Examples of mechanisms that allow the serviceman to track
23		purchases referred by such persons include but are not
24		limited to the use of a link on the person's Internet
25		website, promotional codes distributed through the
26		person's hand-delivered or mailed material, and

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1		promotional codes distributed by the person through radio
2		or other broadcast media. The provisions of this paragraph
3		(1.1) 1.1 shall apply only if the cumulative gross receipts
4		from sales of service by the serviceman to customers who
5		are referred to the serviceman by all persons in this State
6		under such contracts exceed $10,000 during the preceding 4
7		quarterly periods ending on the last day of March, June,
8		September, and December; a serviceman meeting the
9		requirements of this paragraph (1.1) 1.1 shall be presumed
10		to be maintaining a place of business in this State but may
11		rebut this presumption by submitting proof that the
12		referrals or other activities pursued within this State by
13		such persons were not sufficient to meet the nexus
14		standards of the United States Constitution during the
15		preceding 4 quarterly periods;
16		(1.2) 1.2. beginning July 1, 2011, having a contract
17		with a person located in this State under which:
18		(A) A. the serviceman sells the same or
19		substantially similar line of services as the person
20		located in this State and does so using an identical or
21		substantially similar name, trade name, or trademark
22		as the person located in this State; and
23		(B) B. the serviceman provides a commission or
24		other consideration to the person located in this State
25		based upon the sale of services by the serviceman.
26		The provisions of this paragraph (1.2) 1.2 shall apply only

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1		if the cumulative gross receipts from sales of service by
2		the serviceman to customers in this State under all such
3		contracts exceed $10,000 during the preceding 4 quarterly
4		periods ending on the last day of March, June, September,
5		and December;
6		(2) 2. soliciting orders for tangible personal
7		property by means of a telecommunication or television
8		shopping system (which utilizes toll free numbers) which is
9		intended by the retailer to be broadcast by cable
10		television or other means of broadcasting, to consumers
11		located in this State;
12		(3) 3. pursuant to a contract with a broadcaster or
13		publisher located in this State, soliciting orders for
14		tangible personal property by means of advertising which is
15		disseminated primarily to consumers located in this State
16		and only secondarily to bordering jurisdictions;
17		(4) 4. soliciting orders for tangible personal
18		property by mail if the solicitations are substantial and
19		recurring and if the retailer benefits from any banking,
20		financing, debt collection, telecommunication, or
21		marketing activities occurring in this State or benefits
22		from the location in this State of authorized installation,
23		servicing, or repair facilities;
24		(5) 5. being owned or controlled by the same interests
25		which own or control any retailer engaging in business in
26		the same or similar line of business in this State;

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1		(6) 6. having a franchisee or licensee operating under
2		its trade name if the franchisee or licensee is required to
3		collect the tax under this Section;
4		(7) 7. pursuant to a contract with a cable television
5		operator located in this State, soliciting orders for
6		tangible personal property by means of advertising which is
7		transmitted or distributed over a cable television system
8		in this State; or
9		(8) 8. engaging in activities in Illinois, which
10		activities in the state in which the supply business
11		engaging in such activities is located would constitute
12		maintaining a place of business in that state; or .
13		(9) beginning October 1, 2018, making sales of service
14		to purchasers in Illinois from outside of Illinois if:
15		(A) the cumulative gross receipts from sales of
16		service to purchasers in Illinois are $100,000 or more;
17		or
18		(B) the serviceman enters into 200 or more separate
19		transactions for sales of service to purchasers in
20		Illinois.
21		The serviceman shall determine on a quarterly basis,
22		ending on the last day of March, June, September, and
23		December, whether he or she meets the criteria of either
24		subparagraph (A) or (B) of this paragraph (9) for the
25		preceding 12-month period. If the serviceman meets the
26		criteria of either subparagraph (A) or (B) for a 12-month

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1		period, he or she is considered a serviceman maintaining a
2		place of business in this State and is required to collect
3		and remit the tax imposed under this Act and file returns
4		for one year. At the end of that one-year period, the
5		serviceman shall determine whether the serviceman met the
6		criteria of either subparagraph (A) or (B) during the
7		preceding 12-month period. If the serviceman met the
8		criteria in either subparagraph (A) or (B) for the
9		preceding 12-month period, he or she is considered a
10		serviceman maintaining a place of business in this State
11		and is required to collect and remit the tax imposed under
12		this Act and file returns for the subsequent year. If at
13		the end of a one-year period a serviceman that was required
14		to collect and remit the tax imposed under this Act
15		determines that he or she did not meet the criteria in
16		either subparagraph (A) or (B) during the preceding
17		12-month period, the serviceman subsequently shall
18		determine on a quarterly basis, ending on the last day of
19		March, June, September, and December, whether he or she
20		meets the criteria of either subparagraph (A) or (B) for
21		the preceding 12-month period.
22		(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
23		revised 9-27-17.)
24		ARTICLE 85. GAMING

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1		Section 85-5. The Illinois Lottery Law is amended by
2		changing Sections 7.12 and 9.1 as follows:
3		(20 ILCS 1605/7.12)
4		(Section scheduled to be repealed on July 1, 2018)
5		Sec. 7.12. Internet program.
6		(a) The General Assembly finds that:
7		(1) the consumer market in Illinois has changed since
8		the creation of the Illinois State Lottery in 1974;
9		(2) the Internet has become an integral part of
10		everyday life for a significant number of Illinois
11		residents not only in regards to their professional life,
12		but also in regards to personal business and communication;
13		and
14		(3) the current practices of selling lottery tickets
15		does not appeal to the new form of market participants who
16		prefer to make purchases on the Internet at their own
17		convenience.
18		It is the intent of the General Assembly to create an
19		Internet program for the sale of lottery tickets to capture
20		this new form of market participant.
21		(b) The Department shall create a program that allows an
22		individual 18 years of age or older to purchase lottery tickets
23		or shares on the Internet without using a Lottery retailer with
24		on-line status, as those terms are defined by rule. The
25		Department shall restrict the sale of lottery tickets on the

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1		Internet to transactions initiated and received or otherwise
2		made exclusively within the State of Illinois. The Department
3		shall adopt rules necessary for the administration of this
4		program. These rules shall include, among other things,
5		requirements for marketing of the Lottery to infrequent
6		players, as well as limitations on the purchases that may be
7		made through any one individual's lottery account. The
8		provisions of this Act and the rules adopted under this Act
9		shall apply to the sale of lottery tickets or shares under this
10		program.
11		Before beginning the program, the Department of the Lottery
12		must submit a request to the United States Department of
13		Justice for review of the State's plan to implement a program
14		for the sale of lottery tickets on the Internet and its
15		propriety under federal law. The Department shall implement the
16		Internet program only if the Department of Justice does not
17		object to the implementation of the program within a reasonable
18		period of time after its review.
19		The Department is obligated to implement the program set
20		forth in this Section and Sections 7.15 and 7.16 only at such
21		time, and to such extent, that the Department of Justice does
22		not object to the implementation of the program within a
23		reasonable period of time after its review. While the Illinois
24		Lottery may only offer Lotto, Mega Millions, and Powerball
25		games through the program, the Department shall request review
26		from the federal Department of Justice for the Illinois Lottery

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1		to sell lottery tickets on the Internet on behalf of the State
2		of Illinois that are not limited to just these games.
3		The Department shall authorize the private manager to
4		implement and administer the program pursuant to the management
5		agreement entered into under Section 9.1 and in a manner
6		consistent with the provisions of this Section. If a private
7		manager has not been selected pursuant to Section 9.1 at the
8		time the Department is obligated to implement the program, then
9		the Department shall not proceed with the program until after
10		the selection of the private manager, at which time the
11		Department shall authorize the private manager to implement and
12		administer the program pursuant to the management agreement
13		entered into under Section 9.1 and in a manner consistent with
14		the provisions of this Section.
15		Nothing in this Section shall be construed as prohibiting
16		the Department from implementing and operating a website portal
17		whereby individuals who are 18 years of age or older with an
18		Illinois mailing address may apply to purchase lottery tickets
19		via subscription. Nothing in this Section shall also be
20		construed as prohibiting the sale of Lotto, Mega Millions, and
21		Powerball games by a lottery licensee pursuant to the
22		Department's rules.
23		(c) (Blank).
24		(d) This Section is repealed on July 1, 2019 2018.
25		(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)

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1		(20 ILCS 1605/9.1)
2		Sec. 9.1. Private manager and management agreement.
3		(a) As used in this Section:
4		"Offeror" means a person or group of persons that responds
5		to a request for qualifications under this Section.
6		"Request for qualifications" means all materials and
7		documents prepared by the Department to solicit the following
8		from offerors:
9		(1) Statements of qualifications.
10		(2) Proposals to enter into a management agreement,
11		including the identity of any prospective vendor or vendors
12		that the offeror intends to initially engage to assist the
13		offeror in performing its obligations under the management
14		agreement.
15		"Final offer" means the last proposal submitted by an
16		offeror in response to the request for qualifications,
17		including the identity of any prospective vendor or vendors
18		that the offeror intends to initially engage to assist the
19		offeror in performing its obligations under the management
20		agreement.
21		"Final offeror" means the offeror ultimately selected by
22		the Governor to be the private manager for the Lottery under
23		subsection (h) of this Section.
24		(b) By September 15, 2010, the Governor shall select a
25		private manager for the total management of the Lottery with
26		integrated functions, such as lottery game design, supply of

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1		goods and services, and advertising and as specified in this
2		Section.
3		(c) Pursuant to the terms of this subsection, the
4		Department shall endeavor to expeditiously terminate the
5		existing contracts in support of the Lottery in effect on the
6		effective date of this amendatory Act of the 96th General
7		Assembly in connection with the selection of the private
8		manager. As part of its obligation to terminate these contracts
9		and select the private manager, the Department shall establish
10		a mutually agreeable timetable to transfer the functions of
11		existing contractors to the private manager so that existing
12		Lottery operations are not materially diminished or impaired
13		during the transition. To that end, the Department shall do the
14		following:
15		(1) where such contracts contain a provision
16		authorizing termination upon notice, the Department shall
17		provide notice of termination to occur upon the mutually
18		agreed timetable for transfer of functions;
19		(2) upon the expiration of any initial term or renewal
20		term of the current Lottery contracts, the Department shall
21		not renew such contract for a term extending beyond the
22		mutually agreed timetable for transfer of functions; or
23		(3) in the event any current contract provides for
24		termination of that contract upon the implementation of a
25		contract with the private manager, the Department shall
26		perform all necessary actions to terminate the contract on

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1		the date that coincides with the mutually agreed timetable
2		for transfer of functions.
3		If the contracts to support the current operation of the
4		Lottery in effect on the effective date of this amendatory Act
5		of the 96th General Assembly are not subject to termination as
6		provided for in this subsection (c), then the Department may
7		include a provision in the contract with the private manager
8		specifying a mutually agreeable methodology for incorporation.
9		(c-5) The Department shall include provisions in the
10		management agreement whereby the private manager shall, for a
11		fee, and pursuant to a contract negotiated with the Department
12		(the "Employee Use Contract"), utilize the services of current
13		Department employees to assist in the administration and
14		operation of the Lottery. The Department shall be the employer
15		of all such bargaining unit employees assigned to perform such
16		work for the private manager, and such employees shall be State
17		employees, as defined by the Personnel Code. Department
18		employees shall operate under the same employment policies,
19		rules, regulations, and procedures, as other employees of the
20		Department. In addition, neither historical representation
21		rights under the Illinois Public Labor Relations Act, nor
22		existing collective bargaining agreements, shall be disturbed
23		by the management agreement with the private manager for the
24		management of the Lottery.
25		(d) The management agreement with the private manager shall
26		include all of the following:

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1		(1) A term not to exceed 10 years, including any
2		renewals.
3		(2) A provision specifying that the Department:
4		(A) shall exercise actual control over all
5		significant business decisions;
6		(A-5) has the authority to direct or countermand
7		operating decisions by the private manager at any time;
8		(B) has ready access at any time to information
9		regarding Lottery operations;
10		(C) has the right to demand and receive information
11		from the private manager concerning any aspect of the
12		Lottery operations at any time; and
13		(D) retains ownership of all trade names,
14		trademarks, and intellectual property associated with
15		the Lottery.
16		(3) A provision imposing an affirmative duty on the
17		private manager to provide the Department with material
18		information and with any information the private manager
19		reasonably believes the Department would want to know to
20		enable the Department to conduct the Lottery.
21		(4) A provision requiring the private manager to
22		provide the Department with advance notice of any operating
23		decision that bears significantly on the public interest,
24		including, but not limited to, decisions on the kinds of
25		games to be offered to the public and decisions affecting
26		the relative risk and reward of the games being offered, so

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1		the Department has a reasonable opportunity to evaluate and
2		countermand that decision.
3		(5) A provision providing for compensation of the
4		private manager that may consist of, among other things, a
5		fee for services and a performance based bonus as
6		consideration for managing the Lottery, including terms
7		that may provide the private manager with an increase in
8		compensation if Lottery revenues grow by a specified
9		percentage in a given year.
10		(6) (Blank).
11		(7) A provision requiring the deposit of all Lottery
12		proceeds to be deposited into the State Lottery Fund except
13		as otherwise provided in Section 20 of this Act.
14		(8) A provision requiring the private manager to locate
15		its principal office within the State.
16		(8-5) A provision encouraging that at least 20% of the
17		cost of contracts entered into for goods and services by
18		the private manager in connection with its management of
19		the Lottery, other than contracts with sales agents or
20		technical advisors, be awarded to businesses that are a
21		minority-owned business, a women-owned business, or a
22		business owned by a person with disability, as those terms
23		are defined in the Business Enterprise for Minorities,
24		Women, and Persons with Disabilities Act.
25		(9) A requirement that so long as the private manager
26		complies with all the conditions of the agreement under the

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1		oversight of the Department, the private manager shall have
2		the following duties and obligations with respect to the
3		management of the Lottery:
4		(A) The right to use equipment and other assets
5		used in the operation of the Lottery.
6		(B) The rights and obligations under contracts
7		with retailers and vendors.
8		(C) The implementation of a comprehensive security
9		program by the private manager.
10		(D) The implementation of a comprehensive system
11		of internal audits.
12		(E) The implementation of a program by the private
13		manager to curb compulsive gambling by persons playing
14		the Lottery.
15		(F) A system for determining (i) the type of
16		Lottery games, (ii) the method of selecting winning
17		tickets, (iii) the manner of payment of prizes to
18		holders of winning tickets, (iv) the frequency of
19		drawings of winning tickets, (v) the method to be used
20		in selling tickets, (vi) a system for verifying the
21		validity of tickets claimed to be winning tickets,
22		(vii) the basis upon which retailer commissions are
23		established by the manager, and (viii) minimum
24		payouts.
25		(10) A requirement that advertising and promotion must
26		be consistent with Section 7.8a of this Act.

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1		(11) A requirement that the private manager market the
2		Lottery to those residents who are new, infrequent, or
3		lapsed players of the Lottery, especially those who are
4		most likely to make regular purchases on the Internet as
5		permitted by law.
6		(12) A code of ethics for the private manager's
7		officers and employees.
8		(13) A requirement that the Department monitor and
9		oversee the private manager's practices and take action
10		that the Department considers appropriate to ensure that
11		the private manager is in compliance with the terms of the
12		management agreement, while allowing the manager, unless
13		specifically prohibited by law or the management
14		agreement, to negotiate and sign its own contracts with
15		vendors.
16		(14) A provision requiring the private manager to
17		periodically file, at least on an annual basis, appropriate
18		financial statements in a form and manner acceptable to the
19		Department.
20		(15) Cash reserves requirements.
21		(16) Procedural requirements for obtaining the prior
22		approval of the Department when a management agreement or
23		an interest in a management agreement is sold, assigned,
24		transferred, or pledged as collateral to secure financing.
25		(17) Grounds for the termination of the management
26		agreement by the Department or the private manager.

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1		(18) Procedures for amendment of the agreement.
2		(19) A provision requiring the private manager to
3		engage in an open and competitive bidding process for any
4		procurement having a cost in excess of $50,000 that is not
5		a part of the private manager's final offer. The process
6		shall favor the selection of a vendor deemed to have
7		submitted a proposal that provides the Lottery with the
8		best overall value. The process shall not be subject to the
9		provisions of the Illinois Procurement Code, unless
10		specifically required by the management agreement.
11		(20) The transition of rights and obligations,
12		including any associated equipment or other assets used in
13		the operation of the Lottery, from the manager to any
14		successor manager of the lottery, including the
15		Department, following the termination of or foreclosure
16		upon the management agreement.
17		(21) Right of use of copyrights, trademarks, and
18		service marks held by the Department in the name of the
19		State. The agreement must provide that any use of them by
20		the manager shall only be for the purpose of fulfilling its
21		obligations under the management agreement during the term
22		of the agreement.
23		(22) The disclosure of any information requested by the
24		Department to enable it to comply with the reporting
25		requirements and information requests provided for under
26		subsection (p) of this Section.

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1		(e) Notwithstanding any other law to the contrary, the
2		Department shall select a private manager through a competitive
3		request for qualifications process consistent with Section
4		20-35 of the Illinois Procurement Code, which shall take into
5		account:
6		(1) the offeror's ability to market the Lottery to
7		those residents who are new, infrequent, or lapsed players
8		of the Lottery, especially those who are most likely to
9		make regular purchases on the Internet;
10		(2) the offeror's ability to address the State's
11		concern with the social effects of gambling on those who
12		can least afford to do so;
13		(3) the offeror's ability to provide the most
14		successful management of the Lottery for the benefit of the
15		people of the State based on current and past business
16		practices or plans of the offeror; and
17		(4) the offeror's poor or inadequate past performance
18		in servicing, equipping, operating or managing a lottery on
19		behalf of Illinois, another State or foreign government and
20		attracting persons who are not currently regular players of
21		a lottery.
22		(f) The Department may retain the services of an advisor or
23		advisors with significant experience in financial services or
24		the management, operation, and procurement of goods, services,
25		and equipment for a government-run lottery to assist in the
26		preparation of the terms of the request for qualifications and

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1		selection of the private manager. Any prospective advisor
2		seeking to provide services under this subsection (f) shall
3		disclose any material business or financial relationship
4		during the past 3 years with any potential offeror, or with a
5		contractor or subcontractor presently providing goods,
6		services, or equipment to the Department to support the
7		Lottery. The Department shall evaluate the material business or
8		financial relationship of each prospective advisor. The
9		Department shall not select any prospective advisor with a
10		substantial business or financial relationship that the
11		Department deems to impair the objectivity of the services to
12		be provided by the prospective advisor. During the course of
13		the advisor's engagement by the Department, and for a period of
14		one year thereafter, the advisor shall not enter into any
15		business or financial relationship with any offeror or any
16		vendor identified to assist an offeror in performing its
17		obligations under the management agreement. Any advisor
18		retained by the Department shall be disqualified from being an
19		offeror. The Department shall not include terms in the request
20		for qualifications that provide a material advantage whether
21		directly or indirectly to any potential offeror, or any
22		contractor or subcontractor presently providing goods,
23		services, or equipment to the Department to support the
24		Lottery, including terms contained in previous responses to
25		requests for proposals or qualifications submitted to
26		Illinois, another State or foreign government when those terms

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1		are uniquely associated with a particular potential offeror,
2		contractor, or subcontractor. The request for proposals
3		offered by the Department on December 22, 2008 as
4		"LOT08GAMESYS" and reference number "22016176" is declared
5		void.
6		(g) The Department shall select at least 2 offerors as
7		finalists to potentially serve as the private manager no later
8		than August 9, 2010. Upon making preliminary selections, the
9		Department shall schedule a public hearing on the finalists'
10		proposals and provide public notice of the hearing at least 7
11		calendar days before the hearing. The notice must include all
12		of the following:
13		(1) The date, time, and place of the hearing.
14		(2) The subject matter of the hearing.
15		(3) A brief description of the management agreement to
16		be awarded.
17		(4) The identity of the offerors that have been
18		selected as finalists to serve as the private manager.
19		(5) The address and telephone number of the Department.
20		(h) At the public hearing, the Department shall (i) provide
21		sufficient time for each finalist to present and explain its
22		proposal to the Department and the Governor or the Governor's
23		designee, including an opportunity to respond to questions
24		posed by the Department, Governor, or designee and (ii) allow
25		the public and non-selected offerors to comment on the
26		presentations. The Governor or a designee shall attend the

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1		public hearing. After the public hearing, the Department shall
2		have 14 calendar days to recommend to the Governor whether a
3		management agreement should be entered into with a particular
4		finalist. After reviewing the Department's recommendation, the
5		Governor may accept or reject the Department's recommendation,
6		and shall select a final offeror as the private manager by
7		publication of a notice in the Illinois Procurement Bulletin on
8		or before September 15, 2010. The Governor shall include in the
9		notice a detailed explanation and the reasons why the final
10		offeror is superior to other offerors and will provide
11		management services in a manner that best achieves the
12		objectives of this Section. The Governor shall also sign the
13		management agreement with the private manager.
14		(i) Any action to contest the private manager selected by
15		the Governor under this Section must be brought within 7
16		calendar days after the publication of the notice of the
17		designation of the private manager as provided in subsection
18		(h) of this Section.
19		(j) The Lottery shall remain, for so long as a private
20		manager manages the Lottery in accordance with provisions of
21		this Act, a Lottery conducted by the State, and the State shall
22		not be authorized to sell or transfer the Lottery to a third
23		party.
24		(k) Any tangible personal property used exclusively in
25		connection with the lottery that is owned by the Department and
26		leased to the private manager shall be owned by the Department

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1		in the name of the State and shall be considered to be public
2		property devoted to an essential public and governmental
3		function.
4		(l) The Department may exercise any of its powers under
5		this Section or any other law as necessary or desirable for the
6		execution of the Department's powers under this Section.
7		(m) Neither this Section nor any management agreement
8		entered into under this Section prohibits the General Assembly
9		from authorizing forms of gambling that are not in direct
10		competition with the Lottery.
11		(n) The private manager shall be subject to a complete
12		investigation in the third, seventh, and tenth years of the
13		agreement (if the agreement is for a 10-year term) by the
14		Department in cooperation with the Auditor General to determine
15		whether the private manager has complied with this Section and
16		the management agreement. The private manager shall bear the
17		cost of an investigation or reinvestigation of the private
18		manager under this subsection.
19		(o) The powers conferred by this Section are in addition
20		and supplemental to the powers conferred by any other law. If
21		any other law or rule is inconsistent with this Section,
22		including, but not limited to, provisions of the Illinois
23		Procurement Code, then this Section controls as to any
24		management agreement entered into under this Section. This
25		Section and any rules adopted under this Section contain full
26		and complete authority for a management agreement between the

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1		Department and a private manager. No law, procedure,
2		proceeding, publication, notice, consent, approval, order, or
3		act by the Department or any other officer, Department, agency,
4		or instrumentality of the State or any political subdivision is
5		required for the Department to enter into a management
6		agreement under this Section. This Section contains full and
7		complete authority for the Department to approve any contracts
8		entered into by a private manager with a vendor providing
9		goods, services, or both goods and services to the private
10		manager under the terms of the management agreement, including
11		subcontractors of such vendors.
12		Upon receipt of a written request from the Chief
13		Procurement Officer, the Department shall provide to the Chief
14		Procurement Officer a complete and un-redacted copy of the
15		management agreement or any contract that is subject to the
16		Department's approval authority under this subsection (o). The
17		Department shall provide a copy of the agreement or contract to
18		the Chief Procurement Officer in the time specified by the
19		Chief Procurement Officer in his or her written request, but no
20		later than 5 business days after the request is received by the
21		Department. The Chief Procurement Officer must retain any
22		portions of the management agreement or of any contract
23		designated by the Department as confidential, proprietary, or
24		trade secret information in complete confidence pursuant to
25		subsection (g) of Section 7 of the Freedom of Information Act.
26		The Department shall also provide the Chief Procurement Officer

HB3342 Enrolled - 507 - LRB100 08528 SMS 18653 b
1		with reasonable advance written notice of any contract that is
2		pending Department approval.
3		Notwithstanding any other provision of this Section to the
4		contrary, the Chief Procurement Officer shall adopt
5		administrative rules, including emergency rules, to establish
6		a procurement process to select a successor private manager if
7		a private management agreement has been terminated. The
8		selection process shall at a minimum take into account the
9		criteria set forth in items (1) through (4) of subsection (e)
10		of this Section and may include provisions consistent with
11		subsections (f), (g), (h), and (i) of this Section. The Chief
12		Procurement Officer shall also implement and administer the
13		adopted selection process upon the termination of a private
14		management agreement. The Department, after the Chief
15		Procurement Officer certifies that the procurement process has
16		been followed in accordance with the rules adopted under this
17		subsection (o), shall select a final offeror as the private
18		manager and sign the management agreement with the private
19		manager.
20		Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and
21		21.9, the Department shall distribute all proceeds of lottery
22		tickets and shares sold in the following priority and manner:
23		(1) The payment of prizes and retailer bonuses.
24		(2) The payment of costs incurred in the operation and
25		administration of the Lottery, including the payment of
26		sums due to the private manager under the management

HB3342 Enrolled - 508 - LRB100 08528 SMS 18653 b
1		agreement with the Department.
2		(3) On the last day of each month or as soon thereafter
3		as possible, the State Comptroller shall direct and the
4		State Treasurer shall transfer from the State Lottery Fund
5		to the Common School Fund an amount that is equal to the
6		proceeds transferred in the corresponding month of fiscal
7		year 2009, as adjusted for inflation, to the Common School
8		Fund.
9		(4) On or before September 30 the last day of each
10		fiscal year, deposit any estimated remaining proceeds from
11		the prior fiscal year, subject to payments under items (1),
12		(2), and (3) into the Capital Projects Fund each fiscal
13		year. Beginning in fiscal year 2019, the amount deposited
14		shall be increased or decreased each year by the amount the
15		estimated payment differs from the amount determined from
16		each year-end financial audit. Only remaining net deficits
17		from prior fiscal years may reduce the requirement to
18		deposit these funds, as determined by the annual financial
19		audit.
20		(p) The Department shall be subject to the following
21		reporting and information request requirements:
22		(1) the Department shall submit written quarterly
23		reports to the Governor and the General Assembly on the
24		activities and actions of the private manager selected
25		under this Section;
26		(2) upon request of the Chief Procurement Officer, the

HB3342 Enrolled - 509 - LRB100 08528 SMS 18653 b
1		Department shall promptly produce information related to
2		the procurement activities of the Department and the
3		private manager requested by the Chief Procurement
4		Officer; the Chief Procurement Officer must retain
5		confidential, proprietary, or trade secret information
6		designated by the Department in complete confidence
7		pursuant to subsection (g) of Section 7 of the Freedom of
8		Information Act; and
9		(3) at least 30 days prior to the beginning of the
10		Department's fiscal year, the Department shall prepare an
11		annual written report on the activities of the private
12		manager selected under this Section and deliver that report
13		to the Governor and General Assembly.
14		(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
15		ARTICLE 90. STUDY
16		Section 90-5. The Department of Healthcare and Family
17		Services Law of the Civil Administrative Code of Illinois is
18		amended by adding Section 2205-30 as follows:
19		(20 ILCS 2205/2205-30 new)
20		Sec. 2205-30. Long-term care services and supports
21		comprehensive study and actuarial modeling.
22		(a) The Department of Healthcare and Family Services shall
23		commission a comprehensive study of long-term care trends,

HB3342 Enrolled - 510 - LRB100 08528 SMS 18653 b
1		future projections, and actuarial analysis of a new long-term
2		services and supports benefit. Upon completion of the study,
3		the Department shall prepare a report on the study that
4		includes the following:
5		(1) an extensive analysis of long-term care trends in
6		Illinois, including the number of Illinoisans needing
7		long-term care, the number of paid and unpaid caregivers,
8		the existing long-term care programs' utilization and
9		impact on the State budget; out-of-pocket spending and
10		spend-down to qualify for medical assistance coverage, the
11		financial and health impacts of caregiving on the family,
12		wages of paid caregivers and the effects of compensation on
13		the availability of this workforce, the current market for
14		private long-term care insurance, and a brief assessment of
15		the existing system of long-term services and supports in
16		terms of health, well-being, and the ability of
17		participants to continue living in their communities;
18		(2) an analysis of long-term care costs and utilization
19		projections through at least 2050 and the estimated impact
20		of such costs and utilization projections on the State
21		budget, increases in the senior population; projections of
22		the number of paid and unpaid caregivers in relation to
23		demand for services, and projections of the impact of
24		housing cost burdens and a lack of affordable housing on
25		seniors and people with disabilities;
26		(3) an actuarial analysis of options for a new

HB3342 Enrolled - 511 - LRB100 08528 SMS 18653 b
1		long-term services and supports benefit program, including
2		an analysis of potential tax sources and necessary levels,
3		a vesting period, the maximum daily benefit dollar amount,
4		the total maximum dollar amount of the benefit, and the
5		duration of the benefit; and
6		(4) a qualitative analysis of a new benefit's impact on
7		seniors and people with disabilities, including their
8		families and caregivers, public and private long-term care
9		services, and the State budget.
10		The report must project under multiple possible
11		configurations the numbers of persons covered year over year,
12		utilization rates, total spending, and the benefit fund's ratio
13		balance and solvency. The benefit fund must initially be
14		structured to be solvent for 75 years. The report must detail
15		the sensitivity of these projections to the level of care
16		criteria that define long-term care need and examine the
17		feasibility of setting a lower threshold, based on a lower need
18		for ongoing assistance in routine life activities.
19		The report must also detail the amount of out-of-pocket
20		costs avoided, the number of persons who delayed or avoided
21		utilization of medical assistance benefits, an analysis on the
22		projected increased utilization of home-based and
23		community-based services over skilled nursing facilities and
24		savings therewith, and savings to the State's existing
25		long-term care programs due to the new long-term services and
26		supports benefit.

HB3342 Enrolled - 512 - LRB100 08528 SMS 18653 b
1		(b) The entity chosen to conduct the actuarial analysis
2		shall be a nationally-recognized organization with experience
3		modeling public and private long-term care financing programs.
4		(c) The study shall begin after January 1, 2019, and be
5		completed before December 1, 2019. Upon completion, the report
6		on the study shall be filed with the Clerk of the House of
7		Representatives and the Secretary of the Senate in electronic
8		form only, in the manner that the Clerk and the Secretary shall
9		direct.
10		(d) This Section is repealed December 1, 2020.
11		ARTICLE 95. EDUCATION AND RATES
12		Section 95-5. The Illinois Administrative Procedure Act is
13		amended by changing Section 5-45 as follows:
14		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
15		Sec. 5-45. Emergency rulemaking.
16		(a) "Emergency" means the existence of any situation that
17		any agency finds reasonably constitutes a threat to the public
18		interest, safety, or welfare.
19		(b) If any agency finds that an emergency exists that
20		requires adoption of a rule upon fewer days than is required by
21		Section 5-40 and states in writing its reasons for that
22		finding, the agency may adopt an emergency rule without prior
23		notice or hearing upon filing a notice of emergency rulemaking

HB3342 Enrolled - 513 - LRB100 08528 SMS 18653 b
1		with the Secretary of State under Section 5-70. The notice
2		shall include the text of the emergency rule and shall be
3		published in the Illinois Register. Consent orders or other
4		court orders adopting settlements negotiated by an agency may
5		be adopted under this Section. Subject to applicable
6		constitutional or statutory provisions, an emergency rule
7		becomes effective immediately upon filing under Section 5-65 or
8		at a stated date less than 10 days thereafter. The agency's
9		finding and a statement of the specific reasons for the finding
10		shall be filed with the rule. The agency shall take reasonable
11		and appropriate measures to make emergency rules known to the
12		persons who may be affected by them.
13		(c) An emergency rule may be effective for a period of not
14		longer than 150 days, but the agency's authority to adopt an
15		identical rule under Section 5-40 is not precluded. No
16		emergency rule may be adopted more than once in any 24-month
17		period, except that this limitation on the number of emergency
18		rules that may be adopted in a 24-month period does not apply
19		to (i) emergency rules that make additions to and deletions
20		from the Drug Manual under Section 5-5.16 of the Illinois
21		Public Aid Code or the generic drug formulary under Section
22		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23		emergency rules adopted by the Pollution Control Board before
24		July 1, 1997 to implement portions of the Livestock Management
25		Facilities Act, (iii) emergency rules adopted by the Illinois
26		Department of Public Health under subsections (a) through (i)

HB3342 Enrolled - 514 - LRB100 08528 SMS 18653 b
1		of Section 2 of the Department of Public Health Act when
2		necessary to protect the public's health, (iv) emergency rules
3		adopted pursuant to subsection (n) of this Section, (v)
4		emergency rules adopted pursuant to subsection (o) of this
5		Section, or (vi) emergency rules adopted pursuant to subsection
6		(c-5) of this Section. Two or more emergency rules having
7		substantially the same purpose and effect shall be deemed to be
8		a single rule for purposes of this Section.
9		(c-5) To facilitate the maintenance of the program of group
10		health benefits provided to annuitants, survivors, and retired
11		employees under the State Employees Group Insurance Act of
12		1971, rules to alter the contributions to be paid by the State,
13		annuitants, survivors, retired employees, or any combination
14		of those entities, for that program of group health benefits,
15		shall be adopted as emergency rules. The adoption of those
16		rules shall be considered an emergency and necessary for the
17		public interest, safety, and welfare.
18		(d) In order to provide for the expeditious and timely
19		implementation of the State's fiscal year 1999 budget,
20		emergency rules to implement any provision of Public Act 90-587
21		or 90-588 or any other budget initiative for fiscal year 1999
22		may be adopted in accordance with this Section by the agency
23		charged with administering that provision or initiative,
24		except that the 24-month limitation on the adoption of
25		emergency rules and the provisions of Sections 5-115 and 5-125
26		do not apply to rules adopted under this subsection (d). The

HB3342 Enrolled - 515 - LRB100 08528 SMS 18653 b
1		adoption of emergency rules authorized by this subsection (d)
2		shall be deemed to be necessary for the public interest,
3		safety, and welfare.
4		(e) In order to provide for the expeditious and timely
5		implementation of the State's fiscal year 2000 budget,
6		emergency rules to implement any provision of Public Act 91-24
7		or any other budget initiative for fiscal year 2000 may be
8		adopted in accordance with this Section by the agency charged
9		with administering that provision or initiative, except that
10		the 24-month limitation on the adoption of emergency rules and
11		the provisions of Sections 5-115 and 5-125 do not apply to
12		rules adopted under this subsection (e). The adoption of
13		emergency rules authorized by this subsection (e) shall be
14		deemed to be necessary for the public interest, safety, and
15		welfare.
16		(f) In order to provide for the expeditious and timely
17		implementation of the State's fiscal year 2001 budget,
18		emergency rules to implement any provision of Public Act 91-712
19		or any other budget initiative for fiscal year 2001 may be
20		adopted in accordance with this Section by the agency charged
21		with administering that provision or initiative, except that
22		the 24-month limitation on the adoption of emergency rules and
23		the provisions of Sections 5-115 and 5-125 do not apply to
24		rules adopted under this subsection (f). The adoption of
25		emergency rules authorized by this subsection (f) shall be
26		deemed to be necessary for the public interest, safety, and

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1		welfare.
2		(g) In order to provide for the expeditious and timely
3		implementation of the State's fiscal year 2002 budget,
4		emergency rules to implement any provision of Public Act 92-10
5		or any other budget initiative for fiscal year 2002 may be
6		adopted in accordance with this Section by the agency charged
7		with administering that provision or initiative, except that
8		the 24-month limitation on the adoption of emergency rules and
9		the provisions of Sections 5-115 and 5-125 do not apply to
10		rules adopted under this subsection (g). The adoption of
11		emergency rules authorized by this subsection (g) shall be
12		deemed to be necessary for the public interest, safety, and
13		welfare.
14		(h) In order to provide for the expeditious and timely
15		implementation of the State's fiscal year 2003 budget,
16		emergency rules to implement any provision of Public Act 92-597
17		or any other budget initiative for fiscal year 2003 may be
18		adopted in accordance with this Section by the agency charged
19		with administering that provision or initiative, except that
20		the 24-month limitation on the adoption of emergency rules and
21		the provisions of Sections 5-115 and 5-125 do not apply to
22		rules adopted under this subsection (h). The adoption of
23		emergency rules authorized by this subsection (h) shall be
24		deemed to be necessary for the public interest, safety, and
25		welfare.
26		(i) In order to provide for the expeditious and timely

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1		implementation of the State's fiscal year 2004 budget,
2		emergency rules to implement any provision of Public Act 93-20
3		or any other budget initiative for fiscal year 2004 may be
4		adopted in accordance with this Section by the agency charged
5		with administering that provision or initiative, except that
6		the 24-month limitation on the adoption of emergency rules and
7		the provisions of Sections 5-115 and 5-125 do not apply to
8		rules adopted under this subsection (i). The adoption of
9		emergency rules authorized by this subsection (i) shall be
10		deemed to be necessary for the public interest, safety, and
11		welfare.
12		(j) In order to provide for the expeditious and timely
13		implementation of the provisions of the State's fiscal year
14		2005 budget as provided under the Fiscal Year 2005 Budget
15		Implementation (Human Services) Act, emergency rules to
16		implement any provision of the Fiscal Year 2005 Budget
17		Implementation (Human Services) Act may be adopted in
18		accordance with this Section by the agency charged with
19		administering that provision, except that the 24-month
20		limitation on the adoption of emergency rules and the
21		provisions of Sections 5-115 and 5-125 do not apply to rules
22		adopted under this subsection (j). The Department of Public Aid
23		may also adopt rules under this subsection (j) necessary to
24		administer the Illinois Public Aid Code and the Children's
25		Health Insurance Program Act. The adoption of emergency rules
26		authorized by this subsection (j) shall be deemed to be

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1		necessary for the public interest, safety, and welfare.
2		(k) In order to provide for the expeditious and timely
3		implementation of the provisions of the State's fiscal year
4		2006 budget, emergency rules to implement any provision of
5		Public Act 94-48 or any other budget initiative for fiscal year
6		2006 may be adopted in accordance with this Section by the
7		agency charged with administering that provision or
8		initiative, except that the 24-month limitation on the adoption
9		of emergency rules and the provisions of Sections 5-115 and
10		5-125 do not apply to rules adopted under this subsection (k).
11		The Department of Healthcare and Family Services may also adopt
12		rules under this subsection (k) necessary to administer the
13		Illinois Public Aid Code, the Senior Citizens and Persons with
14		Disabilities Property Tax Relief Act, the Senior Citizens and
15		Disabled Persons Prescription Drug Discount Program Act (now
16		the Illinois Prescription Drug Discount Program Act), and the
17		Children's Health Insurance Program Act. The adoption of
18		emergency rules authorized by this subsection (k) shall be
19		deemed to be necessary for the public interest, safety, and
20		welfare.
21		(l) In order to provide for the expeditious and timely
22		implementation of the provisions of the State's fiscal year
23		2007 budget, the Department of Healthcare and Family Services
24		may adopt emergency rules during fiscal year 2007, including
25		rules effective July 1, 2007, in accordance with this
26		subsection to the extent necessary to administer the

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1		Department's responsibilities with respect to amendments to
2		the State plans and Illinois waivers approved by the federal
3		Centers for Medicare and Medicaid Services necessitated by the
4		requirements of Title XIX and Title XXI of the federal Social
5		Security Act. The adoption of emergency rules authorized by
6		this subsection (l) shall be deemed to be necessary for the
7		public interest, safety, and welfare.
8		(m) In order to provide for the expeditious and timely
9		implementation of the provisions of the State's fiscal year
10		2008 budget, the Department of Healthcare and Family Services
11		may adopt emergency rules during fiscal year 2008, including
12		rules effective July 1, 2008, in accordance with this
13		subsection to the extent necessary to administer the
14		Department's responsibilities with respect to amendments to
15		the State plans and Illinois waivers approved by the federal
16		Centers for Medicare and Medicaid Services necessitated by the
17		requirements of Title XIX and Title XXI of the federal Social
18		Security Act. The adoption of emergency rules authorized by
19		this subsection (m) shall be deemed to be necessary for the
20		public interest, safety, and welfare.
21		(n) In order to provide for the expeditious and timely
22		implementation of the provisions of the State's fiscal year
23		2010 budget, emergency rules to implement any provision of
24		Public Act 96-45 or any other budget initiative authorized by
25		the 96th General Assembly for fiscal year 2010 may be adopted
26		in accordance with this Section by the agency charged with

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1		administering that provision or initiative. The adoption of
2		emergency rules authorized by this subsection (n) shall be
3		deemed to be necessary for the public interest, safety, and
4		welfare. The rulemaking authority granted in this subsection
5		(n) shall apply only to rules promulgated during Fiscal Year
6		2010.
7		(o) In order to provide for the expeditious and timely
8		implementation of the provisions of the State's fiscal year
9		2011 budget, emergency rules to implement any provision of
10		Public Act 96-958 or any other budget initiative authorized by
11		the 96th General Assembly for fiscal year 2011 may be adopted
12		in accordance with this Section by the agency charged with
13		administering that provision or initiative. The adoption of
14		emergency rules authorized by this subsection (o) is deemed to
15		be necessary for the public interest, safety, and welfare. The
16		rulemaking authority granted in this subsection (o) applies
17		only to rules promulgated on or after July 1, 2010 (the
18		effective date of Public Act 96-958) through June 30, 2011.
19		(p) In order to provide for the expeditious and timely
20		implementation of the provisions of Public Act 97-689,
21		emergency rules to implement any provision of Public Act 97-689
22		may be adopted in accordance with this subsection (p) by the
23		agency charged with administering that provision or
24		initiative. The 150-day limitation of the effective period of
25		emergency rules does not apply to rules adopted under this
26		subsection (p), and the effective period may continue through

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1		June 30, 2013. The 24-month limitation on the adoption of
2		emergency rules does not apply to rules adopted under this
3		subsection (p). The adoption of emergency rules authorized by
4		this subsection (p) is deemed to be necessary for the public
5		interest, safety, and welfare.
6		(q) In order to provide for the expeditious and timely
7		implementation of the provisions of Articles 7, 8, 9, 11, and
8		12 of Public Act 98-104, emergency rules to implement any
9		provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
10		may be adopted in accordance with this subsection (q) by the
11		agency charged with administering that provision or
12		initiative. The 24-month limitation on the adoption of
13		emergency rules does not apply to rules adopted under this
14		subsection (q). The adoption of emergency rules authorized by
15		this subsection (q) is deemed to be necessary for the public
16		interest, safety, and welfare.
17		(r) In order to provide for the expeditious and timely
18		implementation of the provisions of Public Act 98-651,
19		emergency rules to implement Public Act 98-651 may be adopted
20		in accordance with this subsection (r) by the Department of
21		Healthcare and Family Services. The 24-month limitation on the
22		adoption of emergency rules does not apply to rules adopted
23		under this subsection (r). The adoption of emergency rules
24		authorized by this subsection (r) is deemed to be necessary for
25		the public interest, safety, and welfare.
26		(s) In order to provide for the expeditious and timely

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1		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
2		the Illinois Public Aid Code, emergency rules to implement any
3		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
4		Public Aid Code may be adopted in accordance with this
5		subsection (s) by the Department of Healthcare and Family
6		Services. The rulemaking authority granted in this subsection
7		(s) shall apply only to those rules adopted prior to July 1,
8		2015. Notwithstanding any other provision of this Section, any
9		emergency rule adopted under this subsection (s) shall only
10		apply to payments made for State fiscal year 2015. The adoption
11		of emergency rules authorized by this subsection (s) is deemed
12		to be necessary for the public interest, safety, and welfare.
13		(t) In order to provide for the expeditious and timely
14		implementation of the provisions of Article II of Public Act
15		99-6, emergency rules to implement the changes made by Article
16		II of Public Act 99-6 to the Emergency Telephone System Act may
17		be adopted in accordance with this subsection (t) by the
18		Department of State Police. The rulemaking authority granted in
19		this subsection (t) shall apply only to those rules adopted
20		prior to July 1, 2016. The 24-month limitation on the adoption
21		of emergency rules does not apply to rules adopted under this
22		subsection (t). The adoption of emergency rules authorized by
23		this subsection (t) is deemed to be necessary for the public
24		interest, safety, and welfare.
25		(u) In order to provide for the expeditious and timely
26		implementation of the provisions of the Burn Victims Relief

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1		Act, emergency rules to implement any provision of the Act may
2		be adopted in accordance with this subsection (u) by the
3		Department of Insurance. The rulemaking authority granted in
4		this subsection (u) shall apply only to those rules adopted
5		prior to December 31, 2015. The adoption of emergency rules
6		authorized by this subsection (u) is deemed to be necessary for
7		the public interest, safety, and welfare.
8		(v) In order to provide for the expeditious and timely
9		implementation of the provisions of Public Act 99-516,
10		emergency rules to implement Public Act 99-516 may be adopted
11		in accordance with this subsection (v) by the Department of
12		Healthcare and Family Services. The 24-month limitation on the
13		adoption of emergency rules does not apply to rules adopted
14		under this subsection (v). The adoption of emergency rules
15		authorized by this subsection (v) is deemed to be necessary for
16		the public interest, safety, and welfare.
17		(w) In order to provide for the expeditious and timely
18		implementation of the provisions of Public Act 99-796,
19		emergency rules to implement the changes made by Public Act
20		99-796 may be adopted in accordance with this subsection (w) by
21		the Adjutant General. The adoption of emergency rules
22		authorized by this subsection (w) is deemed to be necessary for
23		the public interest, safety, and welfare.
24		(x) In order to provide for the expeditious and timely
25		implementation of the provisions of Public Act 99-906,
26		emergency rules to implement subsection (i) of Section 16-115D,

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1		subsection (g) of Section 16-128A, and subsection (a) of
2		Section 16-128B of the Public Utilities Act may be adopted in
3		accordance with this subsection (x) by the Illinois Commerce
4		Commission. The rulemaking authority granted in this
5		subsection (x) shall apply only to those rules adopted within
6		180 days after June 1, 2017 (the effective date of Public Act
7		99-906). The adoption of emergency rules authorized by this
8		subsection (x) is deemed to be necessary for the public
9		interest, safety, and welfare.
10		(y) In order to provide for the expeditious and timely
11		implementation of the provisions of this amendatory Act of the
12		100th General Assembly, emergency rules to implement the
13		changes made by this amendatory Act of the 100th General
14		Assembly to Section 4.02 of the Illinois Act on Aging, Sections
15		5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
16		of the Alcoholism and Other Drug Abuse and Dependency Act, and
17		Sections 74 and 75 of the Mental Health and Developmental
18		Disabilities Administrative Act may be adopted in accordance
19		with this subsection (y) by the respective Department. The
20		adoption of emergency rules authorized by this subsection (y)
21		is deemed to be necessary for the public interest, safety, and
22		welfare.
23		(z) In order to provide for the expeditious and timely
24		implementation of the provisions of this amendatory Act of the
25		100th General Assembly, emergency rules to implement the
26		changes made by this amendatory Act of the 100th General

HB3342 Enrolled - 525 - LRB100 08528 SMS 18653 b
1		Assembly to Section 4.7 of the Lobbyist Registration Act may be
2		adopted in accordance with this subsection (z) by the Secretary
3		of State. The adoption of emergency rules authorized by this
4		subsection (z) is deemed to be necessary for the public
5		interest, safety, and welfare.
6		(aa) In order to provide for the expeditious and timely
7		initial implementation of the changes made to Articles 5, 5A,
8		12, and 14 of the Illinois Public Aid Code under the provisions
9		of this amendatory Act of the 100th General Assembly, the
10		Department of Healthcare and Family Services may adopt
11		emergency rules in accordance with this subsection (aa). The
12		24-month limitation on the adoption of emergency rules does not
13		apply to rules to initially implement the changes made to
14		Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
15		adopted under this subsection (aa). The adoption of emergency
16		rules authorized by this subsection (aa) is deemed to be
17		necessary for the public interest, safety, and welfare.
18		(bb) In order to provide for the expeditious and timely
19		implementation of the provisions of this amendatory Act of the
20		100th General Assembly, emergency rules to implement the
21		changes made by this amendatory Act of the 100th General
22		Assembly to Section 4.02 of the Illinois Act on Aging, Sections
23		5.5.4 and 5-5.4i of the Illinois Public Aid Code, subsection
24		(b) of Section 55-30 of the Alcoholism and Other Drug Abuse and
25		Dependency Act, Section 5-104 of the Specialized Mental Health
26		Rehabilitation Act of 2013, and Section 75 and subsection (b)

HB3342 Enrolled - 526 - LRB100 08528 SMS 18653 b
1		of Section 74 of the Mental Health and Developmental
2		Disabilities Administrative Act may be adopted in accordance
3		with this subsection (bb) by the respective Department. The
4		adoption of emergency rules authorized by this subsection (bb)
5		is deemed to be necessary for the public interest, safety, and
6		welfare.
7		(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
8		eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
9		99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
10		100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
11		3-12-18.)
12		Section 95-10. The Mental Health and Developmental
13		Disabilities Administrative Act is amended by changing Section
14		74 as follows:
15		(20 ILCS 1705/74)
16		Sec. 74. Rates and reimbursements.
17		(a) Within 30 days after July 6, 2017 (the effective date
18		of Public Act 100-23) this amendatory Act of the 100th General
19		Assembly, the Department shall increase rates and
20		reimbursements to fund a minimum of a $0.75 per hour wage
21		increase for front-line personnel, including, but not limited
22		to, direct support persons, aides, front-line supervisors,
23		qualified intellectual disabilities professionals, nurses, and
24		non-administrative support staff working in community-based

HB3342 Enrolled - 527 - LRB100 08528 SMS 18653 b
1		provider organizations serving individuals with developmental
2		disabilities. The Department shall adopt rules, including
3		emergency rules under subsection (y) of Section 5-45 of the
4		Illinois Administrative Procedure Act, to implement the
5		provisions of this Section.
6		(b) Rates and reimbursements. Within 30 days after the
7		effective date of this amendatory Act of the 100th General
8		Assembly, the Department shall increase rates and
9		reimbursements to fund a minimum of a $0.50 per hour wage
10		increase for front-line personnel, including, but not limited
11		to, direct support persons, aides, front-line supervisors,
12		qualified intellectual disabilities professionals, nurses, and
13		non-administrative support staff working in community-based
14		provider organizations serving individuals with developmental
15		disabilities. The Department shall adopt rules, including
16		emergency rules under subsection (bb) of Section 5-45 of the
17		Illinois Administrative Procedure Act, to implement the
18		provisions of this Section.
19		(Source: P.A. 100-23, eff. 7-6-17.)
20		Section 95-15. The School Code is amended by changing
21		Section 14-7.02 and by adding Section 3-16 as follows:
22		(105 ILCS 5/3-16 new)
23		Sec. 3-16. Grants to alternative schools, safe schools, and
24		alternative learning opportunities programs. The State Board

HB3342 Enrolled - 528 - LRB100 08528 SMS 18653 b
1		of Education, subject to appropriation, shall award grants to
2		alternative schools, safe schools, and alternative learning
3		opportunities programs operated by a regional office of
4		education. To calculate grant amounts to the programs operated
5		by regional offices of education, the State Board shall
6		calculate an amount equal to the greater of the regional
7		program's best 3 months of average daily attendance for the
8		2016-2017 school year or the average of the best 3 months of
9		average daily attendance for the 2014-2015 school year through
10		the 2016-2017 school year, multiplied by the amount of $6,119.
11		This amount shall be termed the "Regional Program Increased
12		Enrollment Recognition". If the amount of the Regional Program
13		Increased Enrollment Recognition is greater than the amount of
14		the regional office of education program's Base Funding Minimum
15		for fiscal year 2018, calculated under Section 18-8.15, then
16		the State Board of Education shall pay the regional program a
17		grant equal to the difference between the regional program's
18		Regional Program Increased Enrollment Recognition and the Base
19		Funding Minimum for fiscal year 2018. Nothing in this Section
20		shall be construed to alter any payments or calculations under
21		Section 18-8.15.
22		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
23		Sec. 14-7.02. Children attending private schools, public
24		out-of-state schools, public school residential facilities or
25		private special education facilities. The General Assembly

HB3342 Enrolled - 529 - LRB100 08528 SMS 18653 b
1		recognizes that non-public schools or special education
2		facilities provide an important service in the educational
3		system in Illinois.
4		If because of his or her disability the special education
5		program of a district is unable to meet the needs of a child
6		and the child attends a non-public school or special education
7		facility, a public out-of-state school or a special education
8		facility owned and operated by a county government unit that
9		provides special educational services required by the child and
10		is in compliance with the appropriate rules and regulations of
11		the State Superintendent of Education, the school district in
12		which the child is a resident shall pay the actual cost of
13		tuition for special education and related services provided
14		during the regular school term and during the summer school
15		term if the child's educational needs so require, excluding
16		room, board and transportation costs charged the child by that
17		non-public school or special education facility, public
18		out-of-state school or county special education facility, or
19		$4,500 per year, whichever is less, and shall provide him any
20		necessary transportation. "Nonpublic special education
21		facility" shall include a residential facility, within or
22		without the State of Illinois, which provides special education
23		and related services to meet the needs of the child by
24		utilizing private schools or public schools, whether located on
25		the site or off the site of the residential facility.
26		The State Board of Education shall promulgate rules and

HB3342 Enrolled - 530 - LRB100 08528 SMS 18653 b
1		regulations for determining when placement in a private special
2		education facility is appropriate. Such rules and regulations
3		shall take into account the various types of services needed by
4		a child and the availability of such services to the particular
5		child in the public school. In developing these rules and
6		regulations the State Board of Education shall consult with the
7		Advisory Council on Education of Children with Disabilities and
8		hold public hearings to secure recommendations from parents,
9		school personnel, and others concerned about this matter.
10		The State Board of Education shall also promulgate rules
11		and regulations for transportation to and from a residential
12		school. Transportation to and from home to a residential school
13		more than once each school term shall be subject to prior
14		approval by the State Superintendent in accordance with the
15		rules and regulations of the State Board.
16		A school district making tuition payments pursuant to this
17		Section is eligible for reimbursement from the State for the
18		amount of such payments actually made in excess of the district
19		per capita tuition charge for students not receiving special
20		education services. Such reimbursement shall be approved in
21		accordance with Section 14-12.01 and each district shall file
22		its claims, computed in accordance with rules prescribed by the
23		State Board of Education, on forms prescribed by the State
24		Superintendent of Education. Data used as a basis of
25		reimbursement claims shall be for the preceding regular school
26		term and summer school term. Each school district shall

HB3342 Enrolled - 531 - LRB100 08528 SMS 18653 b
1		transmit its claims to the State Board of Education on or
2		before August 15. The State Board of Education, before
3		approving any such claims, shall determine their accuracy and
4		whether they are based upon services and facilities provided
5		under approved programs. Upon approval the State Board shall
6		cause vouchers to be prepared showing the amount due for
7		payment of reimbursement claims to school districts, for
8		transmittal to the State Comptroller on the 30th day of
9		September, December, and March, respectively, and the final
10		voucher, no later than June 20. If the money appropriated by
11		the General Assembly for such purpose for any year is
12		insufficient, it shall be apportioned on the basis of the
13		claims approved.
14		No child shall be placed in a special education program
15		pursuant to this Section if the tuition cost for special
16		education and related services increases more than 10 percent
17		over the tuition cost for the previous school year or exceeds
18		$4,500 per year unless such costs have been approved by the
19		Illinois Purchased Care Review Board. The Illinois Purchased
20		Care Review Board shall consist of the following persons, or
21		their designees: the Directors of Children and Family Services,
22		Public Health, Public Aid, and the Governor's Office of
23		Management and Budget; the Secretary of Human Services; the
24		State Superintendent of Education; and such other persons as
25		the Governor may designate. The Review Board shall also consist
26		of one non-voting member who is an administrator of a private,

HB3342 Enrolled - 532 - LRB100 08528 SMS 18653 b
1		nonpublic, special education school. The Review Board shall
2		establish rules and regulations for its determination of
3		allowable costs and payments made by local school districts for
4		special education, room and board, and other related services
5		provided by non-public schools or special education facilities
6		and shall establish uniform standards and criteria which it
7		shall follow. The Review Board shall approve the usual and
8		customary rate or rates of a special education program that (i)
9		is offered by an out-of-state, non-public provider of
10		integrated autism specific educational and autism specific
11		residential services, (ii) offers 2 or more levels of
12		residential care, including at least one locked facility, and
13		(iii) serves 12 or fewer Illinois students.
14		In determining rates based on allowable costs, the review
15		Board shall consider any wage increases awarded by the General
16		Assembly to front line personnel defined as direct support
17		persons, aides, front-line supervisors, qualified intellectual
18		disabilities professionals, nurses, and non-administrative
19		support staff working in service settings in community-based
20		settings within the State and adjust customary rates or rates
21		of a special education program to be equitable to the wage
22		increase awarded to similar staff positions in a community
23		residential setting. Any wage increase awarded by the General
24		Assembly to front line personnel defined as direct support
25		persons, aides, front-line supervisors, qualified intellectual
26		disabilities professionals, nurses, and non-administrative

HB3342 Enrolled - 533 - LRB100 08528 SMS 18653 b
1		support staff working in community-based settings within the
2		State shall also be a basis for any facility covered by this
3		Section to appeal its rate before the Review Board under the
4		process defined in Title 89, Part 900, Section 340 of the
5		Illinois Administrative Code. Illinois Administrative Code
6		Title 89, Part 900, Section 342 shall be updated to recognize
7		wage increases awarded to community-based settings to be a
8		basis for appeal.
9		The Review Board shall establish uniform definitions and
10		criteria for accounting separately by special education, room
11		and board and other related services costs. The Board shall
12		also establish guidelines for the coordination of services and
13		financial assistance provided by all State agencies to assure
14		that no otherwise qualified child with a disability receiving
15		services under Article 14 shall be excluded from participation
16		in, be denied the benefits of or be subjected to discrimination
17		under any program or activity provided by any State agency.
18		The Review Board shall review the costs for special
19		education and related services provided by non-public schools
20		or special education facilities and shall approve or disapprove
21		such facilities in accordance with the rules and regulations
22		established by it with respect to allowable costs.
23		The State Board of Education shall provide administrative
24		and staff support for the Review Board as deemed reasonable by
25		the State Superintendent of Education. This support shall not
26		include travel expenses or other compensation for any Review

HB3342 Enrolled - 534 - LRB100 08528 SMS 18653 b
1		Board member other than the State Superintendent of Education.
2		The Review Board shall seek the advice of the Advisory
3		Council on Education of Children with Disabilities on the rules
4		and regulations to be promulgated by it relative to providing
5		special education services.
6		If a child has been placed in a program in which the actual
7		per pupil costs of tuition for special education and related
8		services based on program enrollment, excluding room, board and
9		transportation costs, exceed $4,500 and such costs have been
10		approved by the Review Board, the district shall pay such total
11		costs which exceed $4,500. A district making such tuition
12		payments in excess of $4,500 pursuant to this Section shall be
13		responsible for an amount in excess of $4,500 equal to the
14		district per capita tuition charge and shall be eligible for
15		reimbursement from the State for the amount of such payments
16		actually made in excess of the districts per capita tuition
17		charge for students not receiving special education services.
18		If a child has been placed in an approved individual
19		program and the tuition costs including room and board costs
20		have been approved by the Review Board, then such room and
21		board costs shall be paid by the appropriate State agency
22		subject to the provisions of Section 14-8.01 of this Act. Room
23		and board costs not provided by a State agency other than the
24		State Board of Education shall be provided by the State Board
25		of Education on a current basis. In no event, however, shall
26		the State's liability for funding of these tuition costs begin

HB3342 Enrolled - 535 - LRB100 08528 SMS 18653 b
1		until after the legal obligations of third party payors have
2		been subtracted from such costs. If the money appropriated by
3		the General Assembly for such purpose for any year is
4		insufficient, it shall be apportioned on the basis of the
5		claims approved. Each district shall submit estimated claims to
6		the State Superintendent of Education. Upon approval of such
7		claims, the State Superintendent of Education shall direct the
8		State Comptroller to make payments on a monthly basis. The
9		frequency for submitting estimated claims and the method of
10		determining payment shall be prescribed in rules and
11		regulations adopted by the State Board of Education. Such
12		current state reimbursement shall be reduced by an amount equal
13		to the proceeds which the child or child's parents are eligible
14		to receive under any public or private insurance or assistance
15		program. Nothing in this Section shall be construed as
16		relieving an insurer or similar third party from an otherwise
17		valid obligation to provide or to pay for services provided to
18		a child with a disability.
19		If it otherwise qualifies, a school district is eligible
20		for the transportation reimbursement under Section 14-13.01
21		and for the reimbursement of tuition payments under this
22		Section whether the non-public school or special education
23		facility, public out-of-state school or county special
24		education facility, attended by a child who resides in that
25		district and requires special educational services, is within
26		or outside of the State of Illinois. However, a district is not

HB3342 Enrolled - 536 - LRB100 08528 SMS 18653 b
1		eligible to claim transportation reimbursement under this
2		Section unless the district certifies to the State
3		Superintendent of Education that the district is unable to
4		provide special educational services required by the child for
5		the current school year.
6		Nothing in this Section authorizes the reimbursement of a
7		school district for the amount paid for tuition of a child
8		attending a non-public school or special education facility,
9		public out-of-state school or county special education
10		facility unless the school district certifies to the State
11		Superintendent of Education that the special education program
12		of that district is unable to meet the needs of that child
13		because of his disability and the State Superintendent of
14		Education finds that the school district is in substantial
15		compliance with Section 14-4.01. However, if a child is
16		unilaterally placed by a State agency or any court in a
17		non-public school or special education facility, public
18		out-of-state school, or county special education facility, a
19		school district shall not be required to certify to the State
20		Superintendent of Education, for the purpose of tuition
21		reimbursement, that the special education program of that
22		district is unable to meet the needs of a child because of his
23		or her disability.
24		Any educational or related services provided, pursuant to
25		this Section in a non-public school or special education
26		facility or a special education facility owned and operated by

HB3342 Enrolled - 537 - LRB100 08528 SMS 18653 b
1		a county government unit shall be at no cost to the parent or
2		guardian of the child. However, current law and practices
3		relative to contributions by parents or guardians for costs
4		other than educational or related services are not affected by
5		this amendatory Act of 1978.
6		Reimbursement for children attending public school
7		residential facilities shall be made in accordance with the
8		provisions of this Section.
9		Notwithstanding any other provision of law, any school
10		district receiving a payment under this Section or under
11		Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
12		all or a portion of the funds that it receives in a particular
13		fiscal year or from general State aid pursuant to Section
14		18-8.05 of this Code as funds received in connection with any
15		funding program for which it is entitled to receive funds from
16		the State in that fiscal year (including, without limitation,
17		any funding program referenced in this Section), regardless of
18		the source or timing of the receipt. The district may not
19		classify more funds as funds received in connection with the
20		funding program than the district is entitled to receive in
21		that fiscal year for that program. Any classification by a
22		district must be made by a resolution of its board of
23		education. The resolution must identify the amount of any
24		payments or general State aid to be classified under this
25		paragraph and must specify the funding program to which the
26		funds are to be treated as received in connection therewith.

HB3342 Enrolled - 538 - LRB100 08528 SMS 18653 b
1		This resolution is controlling as to the classification of
2		funds referenced therein. A certified copy of the resolution
3		must be sent to the State Superintendent of Education. The
4		resolution shall still take effect even though a copy of the
5		resolution has not been sent to the State Superintendent of
6		Education in a timely manner. No classification under this
7		paragraph by a district shall affect the total amount or timing
8		of money the district is entitled to receive under this Code.
9		No classification under this paragraph by a district shall in
10		any way relieve the district from or affect any requirements
11		that otherwise would apply with respect to that funding
12		program, including any accounting of funds by source, reporting
13		expenditures by original source and purpose, reporting
14		requirements, or requirements of providing services.
15		(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
16		eff. 7-20-15; 99-143, eff. 7-27-15.)
17		Section 95-20. The Illinois Public Aid Code is amended by
18		changing Sections 5-5.4 and 5-5.4i and by adding Section 5-5.4j
19		as follows:
20		(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
21		Sec. 5-5.4. Standards of Payment - Department of Healthcare
22		and Family Services. The Department of Healthcare and Family
23		Services shall develop standards of payment of nursing facility
24		and ICF/DD services in facilities providing such services under

HB3342 Enrolled - 539 - LRB100 08528 SMS 18653 b
1		this Article which:
2		(1) Provide for the determination of a facility's payment
3		for nursing facility or ICF/DD services on a prospective basis.
4		The amount of the payment rate for all nursing facilities
5		certified by the Department of Public Health under the ID/DD
6		Community Care Act or the Nursing Home Care Act as Intermediate
7		Care for the Developmentally Disabled facilities, Long Term
8		Care for Under Age 22 facilities, Skilled Nursing facilities,
9		or Intermediate Care facilities under the medical assistance
10		program shall be prospectively established annually on the
11		basis of historical, financial, and statistical data
12		reflecting actual costs from prior years, which shall be
13		applied to the current rate year and updated for inflation,
14		except that the capital cost element for newly constructed
15		facilities shall be based upon projected budgets. The annually
16		established payment rate shall take effect on July 1 in 1984
17		and subsequent years. No rate increase and no update for
18		inflation shall be provided on or after July 1, 1994, unless
19		specifically provided for in this Section. The changes made by
20		Public Act 93-841 extending the duration of the prohibition
21		against a rate increase or update for inflation are effective
22		retroactive to July 1, 2004.
23		For facilities licensed by the Department of Public Health
24		under the Nursing Home Care Act as Intermediate Care for the
25		Developmentally Disabled facilities or Long Term Care for Under
26		Age 22 facilities, the rates taking effect on July 1, 1998

HB3342 Enrolled - 540 - LRB100 08528 SMS 18653 b
1		shall include an increase of 3%. For facilities licensed by the
2		Department of Public Health under the Nursing Home Care Act as
3		Skilled Nursing facilities or Intermediate Care facilities,
4		the rates taking effect on July 1, 1998 shall include an
5		increase of 3% plus $1.10 per resident-day, as defined by the
6		Department. For facilities licensed by the Department of Public
7		Health under the Nursing Home Care Act as Intermediate Care
8		Facilities for the Developmentally Disabled or Long Term Care
9		for Under Age 22 facilities, the rates taking effect on January
10		1, 2006 shall include an increase of 3%. For facilities
11		licensed by the Department of Public Health under the Nursing
12		Home Care Act as Intermediate Care Facilities for the
13		Developmentally Disabled or Long Term Care for Under Age 22
14		facilities, the rates taking effect on January 1, 2009 shall
15		include an increase sufficient to provide a $0.50 per hour wage
16		increase for non-executive staff. For facilities licensed by
17		the Department of Public Health under the ID/DD Community Care
18		Act as ID/DD Facilities the rates taking effect within 30 days
19		after July 6, 2017 (the effective date of Public Act 100-23)
20		this amendatory Act of the 100th General Assembly shall include
21		an increase sufficient to provide a $0.75 per hour wage
22		increase for non-executive staff. The Department shall adopt
23		rules, including emergency rules under subsection (y) of
24		Section 5-45 of the Illinois Administrative Procedure Act, to
25		implement the provisions of this paragraph. For facilities
26		licensed by the Department of Public Health under the ID/DD

HB3342 Enrolled - 541 - LRB100 08528 SMS 18653 b
1		Community Care Act as ID/DD Facilities and under the MC/DD Act
2		as MC/DD Facilities, the rates taking effect within 30 days
3		after the effective date of this amendatory Act of the 100th
4		General Assembly shall include an increase sufficient to
5		provide a $0.50 per hour wage increase for non-executive
6		front-line personnel, including, but not limited to, direct
7		support persons, aides, front-line supervisors, qualified
8		intellectual disabilities professionals, nurses, and
9		non-administrative support staff. The Department shall adopt
10		rules, including emergency rules under subsection (bb) of
11		Section 5-45 of the Illinois Administrative Procedure Act, to
12		implement the provisions of this paragraph.
13		For facilities licensed by the Department of Public Health
14		under the Nursing Home Care Act as Intermediate Care for the
15		Developmentally Disabled facilities or Long Term Care for Under
16		Age 22 facilities, the rates taking effect on July 1, 1999
17		shall include an increase of 1.6% plus $3.00 per resident-day,
18		as defined by the Department. For facilities licensed by the
19		Department of Public Health under the Nursing Home Care Act as
20		Skilled Nursing facilities or Intermediate Care facilities,
21		the rates taking effect on July 1, 1999 shall include an
22		increase of 1.6% and, for services provided on or after October
23		1, 1999, shall be increased by $4.00 per resident-day, as
24		defined by the Department.
25		For facilities licensed by the Department of Public Health
26		under the Nursing Home Care Act as Intermediate Care for the

HB3342 Enrolled - 542 - LRB100 08528 SMS 18653 b
1		Developmentally Disabled facilities or Long Term Care for Under
2		Age 22 facilities, the rates taking effect on July 1, 2000
3		shall include an increase of 2.5% per resident-day, as defined
4		by the Department. For facilities licensed by the Department of
5		Public Health under the Nursing Home Care Act as Skilled
6		Nursing facilities or Intermediate Care facilities, the rates
7		taking effect on July 1, 2000 shall include an increase of 2.5%
8		per resident-day, as defined by the Department.
9		For facilities licensed by the Department of Public Health
10		under the Nursing Home Care Act as skilled nursing facilities
11		or intermediate care facilities, a new payment methodology must
12		be implemented for the nursing component of the rate effective
13		July 1, 2003. The Department of Public Aid (now Healthcare and
14		Family Services) shall develop the new payment methodology
15		using the Minimum Data Set (MDS) as the instrument to collect
16		information concerning nursing home resident condition
17		necessary to compute the rate. The Department shall develop the
18		new payment methodology to meet the unique needs of Illinois
19		nursing home residents while remaining subject to the
20		appropriations provided by the General Assembly. A transition
21		period from the payment methodology in effect on June 30, 2003
22		to the payment methodology in effect on July 1, 2003 shall be
23		provided for a period not exceeding 3 years and 184 days after
24		implementation of the new payment methodology as follows:
25		(A) For a facility that would receive a lower nursing
26		component rate per patient day under the new system than

HB3342 Enrolled - 543 - LRB100 08528 SMS 18653 b
1		the facility received effective on the date immediately
2		preceding the date that the Department implements the new
3		payment methodology, the nursing component rate per
4		patient day for the facility shall be held at the level in
5		effect on the date immediately preceding the date that the
6		Department implements the new payment methodology until a
7		higher nursing component rate of reimbursement is achieved
8		by that facility.
9		(B) For a facility that would receive a higher nursing
10		component rate per patient day under the payment
11		methodology in effect on July 1, 2003 than the facility
12		received effective on the date immediately preceding the
13		date that the Department implements the new payment
14		methodology, the nursing component rate per patient day for
15		the facility shall be adjusted.
16		(C) Notwithstanding paragraphs (A) and (B), the
17		nursing component rate per patient day for the facility
18		shall be adjusted subject to appropriations provided by the
19		General Assembly.
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 Under
23		Age 22 facilities, the rates taking effect on March 1, 2001
24		shall include a statewide increase of 7.85%, as defined by the
25		Department.
26		Notwithstanding any other provision of this Section, for

HB3342 Enrolled - 544 - LRB100 08528 SMS 18653 b
1		facilities licensed by the Department of Public Health under
2		the Nursing Home Care Act as skilled nursing facilities or
3		intermediate care facilities, except facilities participating
4		in the Department's demonstration program pursuant to the
5		provisions of Title 77, Part 300, Subpart T of the Illinois
6		Administrative Code, the numerator of the ratio used by the
7		Department of Healthcare and Family Services to compute the
8		rate payable under this Section using the Minimum Data Set
9		(MDS) methodology shall incorporate the following annual
10		amounts as the additional funds appropriated to the Department
11		specifically to pay for rates based on the MDS nursing
12		component methodology in excess of the funding in effect on
13		December 31, 2006:
14		(i) For rates taking effect January 1, 2007,
15		$60,000,000.
16		(ii) For rates taking effect January 1, 2008,
17		$110,000,000.
18		(iii) For rates taking effect January 1, 2009,
19		$194,000,000.
20		(iv) For rates taking effect April 1, 2011, or the
21		first day of the month that begins at least 45 days after
22		the effective date of this amendatory Act of the 96th
23		General Assembly, $416,500,000 or an amount as may be
24		necessary to complete the transition to the MDS methodology
25		for the nursing component of the rate. Increased payments
26		under this item (iv) are not due and payable, however,

HB3342 Enrolled - 545 - LRB100 08528 SMS 18653 b
1		until (i) the methodologies described in this paragraph are
2		approved by the federal government in an appropriate State
3		Plan amendment and (ii) the assessment imposed by Section
4		5B-2 of this Code is determined to be a permissible tax
5		under Title XIX of the Social Security Act.
6		Notwithstanding any other provision of this Section, for
7		facilities licensed by the Department of Public Health under
8		the Nursing Home Care Act as skilled nursing facilities or
9		intermediate care facilities, the support component of the
10		rates taking effect on January 1, 2008 shall be computed using
11		the most recent cost reports on file with the Department of
12		Healthcare and Family Services no later than April 1, 2005,
13		updated for inflation to January 1, 2006.
14		For facilities licensed by the Department of Public Health
15		under the Nursing Home Care Act as Intermediate Care for the
16		Developmentally Disabled facilities or Long Term Care for Under
17		Age 22 facilities, the rates taking effect on April 1, 2002
18		shall include a statewide increase of 2.0%, as defined by the
19		Department. This increase terminates on July 1, 2002; beginning
20		July 1, 2002 these rates are reduced to the level of the rates
21		in effect on March 31, 2002, as defined by the Department.
22		For facilities licensed by the Department of Public Health
23		under the Nursing Home Care Act as skilled nursing facilities
24		or intermediate care facilities, the rates taking effect on
25		July 1, 2001 shall be computed using the most recent cost
26		reports on file with the Department of Public Aid no later than

HB3342 Enrolled - 546 - LRB100 08528 SMS 18653 b
1		April 1, 2000, updated for inflation to January 1, 2001. For
2		rates effective July 1, 2001 only, rates shall be the greater
3		of the rate computed for July 1, 2001 or the rate effective on
4		June 30, 2001.
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, the Illinois Department shall
9		determine by rule the rates taking effect on July 1, 2002,
10		which shall be 5.9% less than the rates in effect on June 30,
11		2002.
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, if the payment methodologies
16		required under Section 5A-12 and the waiver granted under 42
17		CFR 433.68 are approved by the United States Centers for
18		Medicare and Medicaid Services, the rates taking effect on July
19		1, 2004 shall be 3.0% greater than the rates in effect on June
20		30, 2004. These rates shall take effect only upon approval and
21		implementation of the payment methodologies required under
22		Section 5A-12.
23		Notwithstanding any other provisions of this Section, for
24		facilities licensed by the Department of Public Health under
25		the Nursing Home Care Act as skilled nursing facilities or
26		intermediate care facilities, the rates taking effect on

HB3342 Enrolled - 547 - LRB100 08528 SMS 18653 b
1		January 1, 2005 shall be 3% more than the rates in effect on
2		December 31, 2004.
3		Notwithstanding any other provision of this Section, for
4		facilities licensed by the Department of Public Health under
5		the Nursing Home Care Act as skilled nursing facilities or
6		intermediate care facilities, effective January 1, 2009, the
7		per diem support component of the rates effective on January 1,
8		2008, computed using the most recent cost reports on file with
9		the Department of Healthcare and Family Services no later than
10		April 1, 2005, updated for inflation to January 1, 2006, shall
11		be increased to the amount that would have been derived using
12		standard Department of Healthcare and Family Services methods,
13		procedures, and inflators.
14		Notwithstanding any other provisions of this Section, for
15		facilities licensed by the Department of Public Health under
16		the Nursing Home Care Act as intermediate care facilities that
17		are federally defined as Institutions for Mental Disease, or
18		facilities licensed by the Department of Public Health under
19		the Specialized Mental Health Rehabilitation Act of 2013, a
20		socio-development component rate equal to 6.6% of the
21		facility's nursing component rate as of January 1, 2006 shall
22		be established and paid effective July 1, 2006. The
23		socio-development component of the rate shall be increased by a
24		factor of 2.53 on the first day of the month that begins at
25		least 45 days after January 11, 2008 (the effective date of
26		Public Act 95-707). As of August 1, 2008, the socio-development

HB3342 Enrolled - 548 - LRB100 08528 SMS 18653 b
1		component rate shall be equal to 6.6% of the facility's nursing
2		component rate as of January 1, 2006, multiplied by a factor of
3		3.53. For services provided on or after April 1, 2011, or the
4		first day of the month that begins at least 45 days after the
5		effective date of this amendatory Act of the 96th General
6		Assembly, whichever is later, the Illinois Department may by
7		rule adjust these socio-development component rates, and may
8		use different adjustment methodologies for those facilities
9		participating, and those not participating, in the Illinois
10		Department's demonstration program pursuant to the provisions
11		of Title 77, Part 300, Subpart T of the Illinois Administrative
12		Code, but in no case may such rates be diminished below those
13		in effect on August 1, 2008.
14		For facilities licensed by the Department of Public Health
15		under the Nursing Home Care Act as Intermediate Care for the
16		Developmentally Disabled facilities or as long-term care
17		facilities for residents under 22 years of age, the rates
18		taking effect on July 1, 2003 shall include a statewide
19		increase of 4%, as defined by the Department.
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 Under
23		Age 22 facilities, the rates taking effect on the first day of
24		the month that begins at least 45 days after the effective date
25		of this amendatory Act of the 95th General Assembly shall
26		include a statewide increase of 2.5%, as defined by the

HB3342 Enrolled - 549 - LRB100 08528 SMS 18653 b
1		Department.
2		Notwithstanding any other provision of this Section, for
3		facilities licensed by the Department of Public Health under
4		the Nursing Home Care Act as skilled nursing facilities or
5		intermediate care facilities, effective January 1, 2005,
6		facility rates shall be increased by the difference between (i)
7		a facility's per diem property, liability, and malpractice
8		insurance costs as reported in the cost report filed with the
9		Department of Public Aid and used to establish rates effective
10		July 1, 2001 and (ii) those same costs as reported in the
11		facility's 2002 cost report. These costs shall be passed
12		through to the facility without caps or limitations, except for
13		adjustments required under normal auditing procedures.
14		Rates established effective each July 1 shall govern
15		payment for services rendered throughout that fiscal year,
16		except that rates established on July 1, 1996 shall be
17		increased by 6.8% for services provided on or after January 1,
18		1997. Such rates will be based upon the rates calculated for
19		the year beginning July 1, 1990, and for subsequent years
20		thereafter until June 30, 2001 shall be based on the facility
21		cost reports for the facility fiscal year ending at any point
22		in time during the previous calendar year, updated to the
23		midpoint of the rate year. The cost report shall be on file
24		with the Department no later than April 1 of the current rate
25		year. Should the cost report not be on file by April 1, the
26		Department shall base the rate on the latest cost report filed

HB3342 Enrolled - 550 - LRB100 08528 SMS 18653 b
1		by each skilled care facility and intermediate care facility,
2		updated to the midpoint of the current rate year. In
3		determining rates for services rendered on and after July 1,
4		1985, fixed time shall not be computed at less than zero. The
5		Department shall not make any alterations of regulations which
6		would reduce any component of the Medicaid rate to a level
7		below what that component would have been utilizing in the rate
8		effective on July 1, 1984.
9		(2) Shall take into account the actual costs incurred by
10		facilities in providing services for recipients of skilled
11		nursing and intermediate care services under the medical
12		assistance program.
13		(3) Shall take into account the medical and psycho-social
14		characteristics and needs of the patients.
15		(4) Shall take into account the actual costs incurred by
16		facilities in meeting licensing and certification standards
17		imposed and prescribed by the State of Illinois, any of its
18		political subdivisions or municipalities and by the U.S.
19		Department of Health and Human Services pursuant to Title XIX
20		of the Social Security Act.
21		The Department of Healthcare and Family Services shall
22		develop precise standards for payments to reimburse nursing
23		facilities for any utilization of appropriate rehabilitative
24		personnel for the provision of rehabilitative services which is
25		authorized by federal regulations, including reimbursement for
26		services provided by qualified therapists or qualified

HB3342 Enrolled - 551 - LRB100 08528 SMS 18653 b
1		assistants, and which is in accordance with accepted
2		professional practices. Reimbursement also may be made for
3		utilization of other supportive personnel under appropriate
4		supervision.
5		The Department shall develop enhanced payments to offset
6		the additional costs incurred by a facility serving exceptional
7		need residents and shall allocate at least $4,000,000 of the
8		funds collected from the assessment established by Section 5B-2
9		of this Code for such payments. For the purpose of this
10		Section, "exceptional needs" means, but need not be limited to,
11		ventilator care and traumatic brain injury care. The enhanced
12		payments for exceptional need residents under this paragraph
13		are not due and payable, however, until (i) the methodologies
14		described in this paragraph are approved by the federal
15		government in an appropriate State Plan amendment and (ii) the
16		assessment imposed by Section 5B-2 of this Code is determined
17		to be a permissible tax under Title XIX of the Social Security
18		Act.
19		Beginning January 1, 2014 the methodologies for
20		reimbursement of nursing facility services as provided under
21		this Section 5-5.4 shall no longer be applicable for services
22		provided on or after January 1, 2014.
23		No payment increase under this Section for the MDS
24		methodology, exceptional care residents, or the
25		socio-development component rate established by Public Act
26		96-1530 of the 96th General Assembly and funded by the

HB3342 Enrolled - 552 - LRB100 08528 SMS 18653 b
1		assessment imposed under Section 5B-2 of this Code shall be due
2		and payable until after the Department notifies the long-term
3		care providers, in writing, that the payment methodologies to
4		long-term care providers required under this Section have been
5		approved by the Centers for Medicare and Medicaid Services of
6		the U.S. Department of Health and Human Services and the
7		waivers under 42 CFR 433.68 for the assessment imposed by this
8		Section, if necessary, have been granted by the Centers for
9		Medicare and Medicaid Services of the U.S. Department of Health
10		and Human Services. Upon notification to the Department of
11		approval of the payment methodologies required under this
12		Section and the waivers granted under 42 CFR 433.68, all
13		increased payments otherwise due under this Section prior to
14		the date of notification shall be due and payable within 90
15		days of the date federal approval is received.
16		On and after July 1, 2012, the Department shall reduce any
17		rate of reimbursement for services or other payments or alter
18		any methodologies authorized by this Code to reduce any rate of
19		reimbursement for services or other payments in accordance with
20		Section 5-5e.
21		(Source: P.A. 100-23, eff. 7-6-17.)
22		(305 ILCS 5/5-5.4i)
23		Sec. 5-5.4i. Rates and reimbursements.
24		(a) Within 30 days after July 6, 2017 (the effective date
25		of Public Act 100-23) this amendatory Act of the 100th General

HB3342 Enrolled - 553 - LRB100 08528 SMS 18653 b
1		Assembly, the Department shall increase rates and
2		reimbursements to fund a minimum of a $0.75 per hour wage
3		increase for front-line personnel, including, but not limited
4		to, direct support persons, aides, front-line supervisors,
5		qualified intellectual disabilities professionals, nurses, and
6		non-administrative support staff working in community-based
7		provider organizations serving individuals with developmental
8		disabilities. The Department shall adopt rules, including
9		emergency rules under subsection (y) of Section 5-45 of the
10		Illinois Administrative Procedure Act, to implement the
11		provisions of this Section.
12		(b) Rates and reimbursements. Within 30 days after the
13		effective date of this amendatory Act of the 100th General
14		Assembly, the Department shall increase rates and
15		reimbursements to fund a minimum of a $0.50 per hour wage
16		increase for front-line personnel, including, but not limited
17		to, direct support persons, aides, front-line supervisors,
18		qualified intellectual disabilities professionals, nurses, and
19		non-administrative support staff working in community-based
20		provider organizations serving individuals with developmental
21		disabilities. The Department shall adopt rules, including
22		emergency rules under subsection (bb) of Section 5-45 of the
23		Illinois Administrative Procedure Act, to implement the
24		provisions of this Section.
25		(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled - 554 - LRB100 08528 SMS 18653 b
1		(305 ILCS 5/5-5.4j new)
2		Sec. 5-5.4j. ID/DD targeted Medicaid rate enhancement.
3		Within 30 days after the effective date of this amendatory Act
4		of the 100th General Assembly, the Department shall increase
5		the Medicaid per diem rate by $21.15 for facilities with more
6		than 16 beds licensed by the Department of Public Health under
7		the ID/DD Community Care Act located in the Department of
8		Public Health's Planning Area 7-B.
9		Section 95-25. The Illinois Public Aid Code is amended by
10		changing Sections 5-5, 5-30, and 5-30.1 as follows:
11		(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
12		Sec. 5-5. Medical services. The Illinois Department, by
13		rule, shall determine the quantity and quality of and the rate
14		of reimbursement for the medical assistance for which payment
15		will be authorized, and the medical services to be provided,
16		which may include all or part of the following: (1) inpatient
17		hospital services; (2) outpatient hospital services; (3) other
18		laboratory and X-ray services; (4) skilled nursing home
19		services; (5) physicians' services whether furnished in the
20		office, the patient's home, a hospital, a skilled nursing home,
21		or elsewhere; (6) medical care, or any other type of remedial
22		care furnished by licensed practitioners; (7) home health care
23		services; (8) private duty nursing service; (9) clinic
24		services; (10) dental services, including prevention and

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1		treatment of periodontal disease and dental caries disease for
2		pregnant women, provided by an individual licensed to practice
3		dentistry or dental surgery; for purposes of this item (10),
4		"dental services" means diagnostic, preventive, or corrective
5		procedures provided by or under the supervision of a dentist in
6		the practice of his or her profession; (11) physical therapy
7		and related services; (12) prescribed drugs, dentures, and
8		prosthetic devices; and eyeglasses prescribed by a physician
9		skilled in the diseases of the eye, or by an optometrist,
10		whichever the person may select; (13) other diagnostic,
11		screening, preventive, and rehabilitative services, including
12		to ensure that the individual's need for intervention or
13		treatment of mental disorders or substance use disorders or
14		co-occurring mental health and substance use disorders is
15		determined using a uniform screening, assessment, and
16		evaluation process inclusive of criteria, for children and
17		adults; for purposes of this item (13), a uniform screening,
18		assessment, and evaluation process refers to a process that
19		includes an appropriate evaluation and, as warranted, a
20		referral; "uniform" does not mean the use of a singular
21		instrument, tool, or process that all must utilize; (14)
22		transportation and such other expenses as may be necessary;
23		(15) medical treatment of sexual assault survivors, as defined
24		in Section 1a of the Sexual Assault Survivors Emergency
25		Treatment Act, for injuries sustained as a result of the sexual
26		assault, including examinations and laboratory tests to

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1		discover evidence which may be used in criminal proceedings
2		arising from the sexual assault; (16) the diagnosis and
3		treatment of sickle cell anemia; and (17) any other medical
4		care, and any other type of remedial care recognized under the
5		laws of this State. The term "any other type of remedial care"
6		shall include nursing care and nursing home service for persons
7		who rely on treatment by spiritual means alone through prayer
8		for healing.
9		Notwithstanding any other provision of this Section, a
10		comprehensive tobacco use cessation program that includes
11		purchasing prescription drugs or prescription medical devices
12		approved by the Food and Drug Administration shall be covered
13		under the medical assistance program under this Article for
14		persons who are otherwise eligible for assistance under this
15		Article.
16		Notwithstanding any other provision of this Code,
17		reproductive health care that is otherwise legal in Illinois
18		shall be covered under the medical assistance program for
19		persons who are otherwise eligible for medical assistance under
20		this Article.
21		Notwithstanding any other provision of this Code, the
22		Illinois Department may not require, as a condition of payment
23		for any laboratory test authorized under this Article, that a
24		physician's handwritten signature appear on the laboratory
25		test order form. The Illinois Department may, however, impose
26		other appropriate requirements regarding laboratory test order

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1		documentation.
2		Upon receipt of federal approval of an amendment to the
3		Illinois Title XIX State Plan for this purpose, the Department
4		shall authorize the Chicago Public Schools (CPS) to procure a
5		vendor or vendors to manufacture eyeglasses for individuals
6		enrolled in a school within the CPS system. CPS shall ensure
7		that its vendor or vendors are enrolled as providers in the
8		medical assistance program and in any capitated Medicaid
9		managed care entity (MCE) serving individuals enrolled in a
10		school within the CPS system. Under any contract procured under
11		this provision, the vendor or vendors must serve only
12		individuals enrolled in a school within the CPS system. Claims
13		for services provided by CPS's vendor or vendors to recipients
14		of benefits in the medical assistance program under this Code,
15		the Children's Health Insurance Program, or the Covering ALL
16		KIDS Health Insurance Program shall be submitted to the
17		Department or the MCE in which the individual is enrolled for
18		payment and shall be reimbursed at the Department's or the
19		MCE's established rates or rate methodologies for eyeglasses.
20		On and after July 1, 2012, the Department of Healthcare and
21		Family Services may provide the following services to persons
22		eligible for assistance under this Article who are
23		participating in education, training or employment programs
24		operated by the Department of Human Services as successor to
25		the Department of Public Aid:
26		(1) dental services provided by or under the

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1		supervision of a dentist; and
2		(2) eyeglasses prescribed by a physician skilled in the
3		diseases of the eye, or by an optometrist, whichever the
4		person may select.
5		On and after July 1, 2018, the Department of Healthcare and
6		Family Services shall provide dental services to any adult who
7		is otherwise eligible for assistance under the medical
8		assistance program. As used in this paragraph, "dental
9		services" means diagnostic, preventative, restorative, or
10		corrective procedures, including procedures and services for
11		the prevention and treatment of periodontal disease and dental
12		caries disease, provided by an individual who is licensed to
13		practice dentistry or dental surgery or who is under the
14		supervision of a dentist in the practice of his or her
15		profession.
16		On and after July 1, 2018, targeted dental services, as set
17		forth in Exhibit D of the Consent Decree entered by the United
18		States District Court for the Northern District of Illinois,
19		Eastern Division, in the matter of Memisovski v. Maram, Case
20		No. 92 C 1982, that are provided to adults under the medical
21		assistance program shall be established at no less than the
22		rates set forth in the "New Rate" column in Exhibit D of the
23		Consent Decree for targeted dental services that are provided
24		to persons under the age of 18 under the medical assistance
25		program.
26		Notwithstanding any other provision of this Code and

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1		subject to federal approval, the Department may adopt rules to
2		allow a dentist who is volunteering his or her service at no
3		cost to render dental services through an enrolled
4		not-for-profit health clinic without the dentist personally
5		enrolling as a participating provider in the medical assistance
6		program. A not-for-profit health clinic shall include a public
7		health clinic or Federally Qualified Health Center or other
8		enrolled provider, as determined by the Department, through
9		which dental services covered under this Section are performed.
10		The Department shall establish a process for payment of claims
11		for reimbursement for covered dental services rendered under
12		this provision.
13		The Illinois Department, by rule, may distinguish and
14		classify the medical services to be provided only in accordance
15		with the classes of persons designated in Section 5-2.
16		The Department of Healthcare and Family Services must
17		provide coverage and reimbursement for amino acid-based
18		elemental formulas, regardless of delivery method, for the
19		diagnosis and treatment of (i) eosinophilic disorders and (ii)
20		short bowel syndrome when the prescribing physician has issued
21		a written order stating that the amino acid-based elemental
22		formula is medically necessary.
23		The Illinois Department shall authorize the provision of,
24		and shall authorize payment for, screening by low-dose
25		mammography for the presence of occult breast cancer for women
26		35 years of age or older who are eligible for medical

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1		assistance under this Article, as follows:
2		(A) A baseline mammogram for women 35 to 39 years of
3		age.
4		(B) An annual mammogram for women 40 years of age or
5		older.
6		(C) A mammogram at the age and intervals considered
7		medically necessary by the woman's health care provider for
8		women under 40 years of age and having a family history of
9		breast cancer, prior personal history of breast cancer,
10		positive genetic testing, or other risk factors.
11		(D) A comprehensive ultrasound screening and MRI of an
12		entire breast or breasts if a mammogram demonstrates
13		heterogeneous or dense breast tissue, when medically
14		necessary as determined by a physician licensed to practice
15		medicine in all of its branches.
16		(E) A screening MRI when medically necessary, as
17		determined by a physician licensed to practice medicine in
18		all of its branches.
19		All screenings shall include a physical breast exam,
20		instruction on self-examination and information regarding the
21		frequency of self-examination and its value as a preventative
22		tool. For purposes of this Section, "low-dose mammography"
23		means the x-ray examination of the breast using equipment
24		dedicated specifically for mammography, including the x-ray
25		tube, filter, compression device, and image receptor, with an
26		average radiation exposure delivery of less than one rad per

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1		breast for 2 views of an average size breast. The term also
2		includes digital mammography and includes breast
3		tomosynthesis. As used in this Section, the term "breast
4		tomosynthesis" means a radiologic procedure that involves the
5		acquisition of projection images over the stationary breast to
6		produce cross-sectional digital three-dimensional images of
7		the breast. If, at any time, the Secretary of the United States
8		Department of Health and Human Services, or its successor
9		agency, promulgates rules or regulations to be published in the
10		Federal Register or publishes a comment in the Federal Register
11		or issues an opinion, guidance, or other action that would
12		require the State, pursuant to any provision of the Patient
13		Protection and Affordable Care Act (Public Law 111-148),
14		including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
15		successor provision, to defray the cost of any coverage for
16		breast tomosynthesis outlined in this paragraph, then the
17		requirement that an insurer cover breast tomosynthesis is
18		inoperative other than any such coverage authorized under
19		Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
20		the State shall not assume any obligation for the cost of
21		coverage for breast tomosynthesis set forth in this paragraph.
22		On and after January 1, 2016, the Department shall ensure
23		that all networks of care for adult clients of the Department
24		include access to at least one breast imaging Center of Imaging
25		Excellence as certified by the American College of Radiology.
26		On and after January 1, 2012, providers participating in a

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1		quality improvement program approved by the Department shall be
2		reimbursed for screening and diagnostic mammography at the same
3		rate as the Medicare program's rates, including the increased
4		reimbursement for digital mammography.
5		The Department shall convene an expert panel including
6		representatives of hospitals, free-standing mammography
7		facilities, and doctors, including radiologists, to establish
8		quality standards for mammography.
9		On and after January 1, 2017, providers participating in a
10		breast cancer treatment quality improvement program approved
11		by the Department shall be reimbursed for breast cancer
12		treatment at a rate that is no lower than 95% of the Medicare
13		program's rates for the data elements included in the breast
14		cancer treatment quality program.
15		The Department shall convene an expert panel, including
16		representatives of hospitals, free standing breast cancer
17		treatment centers, breast cancer quality organizations, and
18		doctors, including breast surgeons, reconstructive breast
19		surgeons, oncologists, and primary care providers to establish
20		quality standards for breast cancer treatment.
21		Subject to federal approval, the Department shall
22		establish a rate methodology for mammography at federally
23		qualified health centers and other encounter-rate clinics.
24		These clinics or centers may also collaborate with other
25		hospital-based mammography facilities. By January 1, 2016, the
26		Department shall report to the General Assembly on the status

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1		of the provision set forth in this paragraph.
2		The Department shall establish a methodology to remind
3		women who are age-appropriate for screening mammography, but
4		who have not received a mammogram within the previous 18
5		months, of the importance and benefit of screening mammography.
6		The Department shall work with experts in breast cancer
7		outreach and patient navigation to optimize these reminders and
8		shall establish a methodology for evaluating their
9		effectiveness and modifying the methodology based on the
10		evaluation.
11		The Department shall establish a performance goal for
12		primary care providers with respect to their female patients
13		over age 40 receiving an annual mammogram. This performance
14		goal shall be used to provide additional reimbursement in the
15		form of a quality performance bonus to primary care providers
16		who meet that goal.
17		The Department shall devise a means of case-managing or
18		patient navigation for beneficiaries diagnosed with breast
19		cancer. This program shall initially operate as a pilot program
20		in areas of the State with the highest incidence of mortality
21		related to breast cancer. At least one pilot program site shall
22		be in the metropolitan Chicago area and at least one site shall
23		be outside the metropolitan Chicago area. On or after July 1,
24		2016, the pilot program shall be expanded to include one site
25		in western Illinois, one site in southern Illinois, one site in
26		central Illinois, and 4 sites within metropolitan Chicago. An

HB3342 Enrolled - 564 - LRB100 08528 SMS 18653 b
1		evaluation of the pilot program shall be carried out measuring
2		health outcomes and cost of care for those served by the pilot
3		program compared to similarly situated patients who are not
4		served by the pilot program.
5		The Department shall require all networks of care to
6		develop a means either internally or by contract with experts
7		in navigation and community outreach to navigate cancer
8		patients to comprehensive care in a timely fashion. The
9		Department shall require all networks of care to include access
10		for patients diagnosed with cancer to at least one academic
11		commission on cancer-accredited cancer program as an
12		in-network covered benefit.
13		Any medical or health care provider shall immediately
14		recommend, to any pregnant woman who is being provided prenatal
15		services and is suspected of drug abuse or is addicted as
16		defined in the Alcoholism and Other Drug Abuse and Dependency
17		Act, referral to a local substance abuse treatment provider
18		licensed by the Department of Human Services or to a licensed
19		hospital which provides substance abuse treatment services.
20		The Department of Healthcare and Family Services shall assure
21		coverage for the cost of treatment of the drug abuse or
22		addiction for pregnant recipients in accordance with the
23		Illinois Medicaid Program in conjunction with the Department of
24		Human Services.
25		All medical providers providing medical assistance to
26		pregnant women under this Code shall receive information from

HB3342 Enrolled - 565 - LRB100 08528 SMS 18653 b
1		the Department on the availability of services under the Drug
2		Free Families with a Future or any comparable program providing
3		case management services for addicted women, including
4		information on appropriate referrals for other social services
5		that may be needed by addicted women in addition to treatment
6		for addiction.
7		The Illinois Department, in cooperation with the
8		Departments of Human Services (as successor to the Department
9		of Alcoholism and Substance Abuse) and Public Health, through a
10		public awareness campaign, may provide information concerning
11		treatment for alcoholism and drug abuse and addiction, prenatal
12		health care, and other pertinent programs directed at reducing
13		the number of drug-affected infants born to recipients of
14		medical assistance.
15		Neither the Department of Healthcare and Family Services
16		nor the Department of Human Services shall sanction the
17		recipient solely on the basis of her substance abuse.
18		The Illinois Department shall establish such regulations
19		governing the dispensing of health services under this Article
20		as it shall deem appropriate. The Department should seek the
21		advice of formal professional advisory committees appointed by
22		the Director of the Illinois Department for the purpose of
23		providing regular advice on policy and administrative matters,
24		information dissemination and educational activities for
25		medical and health care providers, and consistency in
26		procedures to the Illinois Department.

HB3342 Enrolled - 566 - LRB100 08528 SMS 18653 b
1		The Illinois Department may develop and contract with
2		Partnerships of medical providers to arrange medical services
3		for persons eligible under Section 5-2 of this Code.
4		Implementation of this Section may be by demonstration projects
5		in certain geographic areas. The Partnership shall be
6		represented by a sponsor organization. The Department, by rule,
7		shall develop qualifications for sponsors of Partnerships.
8		Nothing in this Section shall be construed to require that the
9		sponsor organization be a medical organization.
10		The sponsor must negotiate formal written contracts with
11		medical providers for physician services, inpatient and
12		outpatient hospital care, home health services, treatment for
13		alcoholism and substance abuse, and other services determined
14		necessary by the Illinois Department by rule for delivery by
15		Partnerships. Physician services must include prenatal and
16		obstetrical care. The Illinois Department shall reimburse
17		medical services delivered by Partnership providers to clients
18		in target areas according to provisions of this Article and the
19		Illinois Health Finance Reform Act, except that:
20		(1) Physicians participating in a Partnership and
21		providing certain services, which shall be determined by
22		the Illinois Department, to persons in areas covered by the
23		Partnership may receive an additional surcharge for such
24		services.
25		(2) The Department may elect to consider and negotiate
26		financial incentives to encourage the development of

HB3342 Enrolled - 567 - LRB100 08528 SMS 18653 b
1		Partnerships and the efficient delivery of medical care.
2		(3) Persons receiving medical services through
3		Partnerships may receive medical and case management
4		services above the level usually offered through the
5		medical assistance program.
6		Medical providers shall be required to meet certain
7		qualifications to participate in Partnerships to ensure the
8		delivery of high quality medical services. These
9		qualifications shall be determined by rule of the Illinois
10		Department and may be higher than qualifications for
11		participation in the medical assistance program. Partnership
12		sponsors may prescribe reasonable additional qualifications
13		for participation by medical providers, only with the prior
14		written approval of the Illinois Department.
15		Nothing in this Section shall limit the free choice of
16		practitioners, hospitals, and other providers of medical
17		services by clients. In order to ensure patient freedom of
18		choice, the Illinois Department shall immediately promulgate
19		all rules and take all other necessary actions so that provided
20		services may be accessed from therapeutically certified
21		optometrists to the full extent of the Illinois Optometric
22		Practice Act of 1987 without discriminating between service
23		providers.
24		The Department shall apply for a waiver from the United
25		States Health Care Financing Administration to allow for the
26		implementation of Partnerships under this Section.

HB3342 Enrolled - 568 - LRB100 08528 SMS 18653 b
1		The Illinois Department shall require health care
2		providers to maintain records that document the medical care
3		and services provided to recipients of Medical Assistance under
4		this Article. Such records must be retained for a period of not
5		less than 6 years from the date of service or as provided by
6		applicable State law, whichever period is longer, except that
7		if an audit is initiated within the required retention period
8		then the records must be retained until the audit is completed
9		and every exception is resolved. The Illinois Department shall
10		require health care providers to make available, when
11		authorized by the patient, in writing, the medical records in a
12		timely fashion to other health care providers who are treating
13		or serving persons eligible for Medical Assistance under this
14		Article. All dispensers of medical services shall be required
15		to maintain and retain business and professional records
16		sufficient to fully and accurately document the nature, scope,
17		details and receipt of the health care provided to persons
18		eligible for medical assistance under this Code, in accordance
19		with regulations promulgated by the Illinois Department. The
20		rules and regulations shall require that proof of the receipt
21		of prescription drugs, dentures, prosthetic devices and
22		eyeglasses by eligible persons under this Section accompany
23		each claim for reimbursement submitted by the dispenser of such
24		medical services. No such claims for reimbursement shall be
25		approved for payment by the Illinois Department without such
26		proof of receipt, unless the Illinois Department shall have put

HB3342 Enrolled - 569 - LRB100 08528 SMS 18653 b
1		into effect and shall be operating a system of post-payment
2		audit and review which shall, on a sampling basis, be deemed
3		adequate by the Illinois Department to assure that such drugs,
4		dentures, prosthetic devices and eyeglasses for which payment
5		is being made are actually being received by eligible
6		recipients. Within 90 days after September 16, 1984 (the
7		effective date of Public Act 83-1439), the Illinois Department
8		shall establish a current list of acquisition costs for all
9		prosthetic devices and any other items recognized as medical
10		equipment and supplies reimbursable under this Article and
11		shall update such list on a quarterly basis, except that the
12		acquisition costs of all prescription drugs shall be updated no
13		less frequently than every 30 days as required by Section
14		5-5.12.
15		Notwithstanding any other law to the contrary, the Illinois
16		Department shall, within 365 days after July 22, 2013 (the
17		effective date of Public Act 98-104), establish procedures to
18		permit skilled care facilities licensed under the Nursing Home
19		Care Act to submit monthly billing claims for reimbursement
20		purposes. Following development of these procedures, the
21		Department shall, by July 1, 2016, test the viability of the
22		new system and implement any necessary operational or
23		structural changes to its information technology platforms in
24		order to allow for the direct acceptance and payment of nursing
25		home claims.
26		Notwithstanding any other law to the contrary, the Illinois

HB3342 Enrolled - 570 - LRB100 08528 SMS 18653 b
1		Department shall, within 365 days after August 15, 2014 (the
2		effective date of Public Act 98-963), establish procedures to
3		permit ID/DD facilities licensed under the ID/DD Community Care
4		Act and MC/DD facilities licensed under the MC/DD Act to submit
5		monthly billing claims for reimbursement purposes. Following
6		development of these procedures, the Department shall have an
7		additional 365 days to test the viability of the new system and
8		to ensure that any necessary operational or structural changes
9		to its information technology platforms are implemented.
10		The Illinois Department shall require all dispensers of
11		medical services, other than an individual practitioner or
12		group of practitioners, desiring to participate in the Medical
13		Assistance program established under this Article to disclose
14		all financial, beneficial, ownership, equity, surety or other
15		interests in any and all firms, corporations, partnerships,
16		associations, business enterprises, joint ventures, agencies,
17		institutions or other legal entities providing any form of
18		health care services in this State under this Article.
19		The Illinois Department may require that all dispensers of
20		medical services desiring to participate in the medical
21		assistance program established under this Article disclose,
22		under such terms and conditions as the Illinois Department may
23		by rule establish, all inquiries from clients and attorneys
24		regarding medical bills paid by the Illinois Department, which
25		inquiries could indicate potential existence of claims or liens
26		for the Illinois Department.

HB3342 Enrolled - 571 - LRB100 08528 SMS 18653 b
1		Enrollment of a vendor shall be subject to a provisional
2		period and shall be conditional for one year. During the period
3		of conditional enrollment, the Department may terminate the
4		vendor's eligibility to participate in, or may disenroll the
5		vendor from, the medical assistance program without cause.
6		Unless otherwise specified, such termination of eligibility or
7		disenrollment is not subject to the Department's hearing
8		process. However, a disenrolled vendor may reapply without
9		penalty.
10		The Department has the discretion to limit the conditional
11		enrollment period for vendors based upon category of risk of
12		the vendor.
13		Prior to enrollment and during the conditional enrollment
14		period in the medical assistance program, all vendors shall be
15		subject to enhanced oversight, screening, and review based on
16		the risk of fraud, waste, and abuse that is posed by the
17		category of risk of the vendor. The Illinois Department shall
18		establish the procedures for oversight, screening, and review,
19		which may include, but need not be limited to: criminal and
20		financial background checks; fingerprinting; license,
21		certification, and authorization verifications; unscheduled or
22		unannounced site visits; database checks; prepayment audit
23		reviews; audits; payment caps; payment suspensions; and other
24		screening as required by federal or State law.
25		The Department shall define or specify the following: (i)
26		by provider notice, the "category of risk of the vendor" for

HB3342 Enrolled - 572 - LRB100 08528 SMS 18653 b
1		each type of vendor, which shall take into account the level of
2		screening applicable to a particular category of vendor under
3		federal law and regulations; (ii) by rule or provider notice,
4		the maximum length of the conditional enrollment period for
5		each category of risk of the vendor; and (iii) by rule, the
6		hearing rights, if any, afforded to a vendor in each category
7		of risk of the vendor that is terminated or disenrolled during
8		the conditional enrollment period.
9		To be eligible for payment consideration, a vendor's
10		payment claim or bill, either as an initial claim or as a
11		resubmitted claim following prior rejection, must be received
12		by the Illinois Department, or its fiscal intermediary, no
13		later than 180 days after the latest date on the claim on which
14		medical goods or services were provided, with the following
15		exceptions:
16		(1) In the case of a provider whose enrollment is in
17		process by the Illinois Department, the 180-day period
18		shall not begin until the date on the written notice from
19		the Illinois Department that the provider enrollment is
20		complete.
21		(2) In the case of errors attributable to the Illinois
22		Department or any of its claims processing intermediaries
23		which result in an inability to receive, process, or
24		adjudicate a claim, the 180-day period shall not begin
25		until the provider has been notified of the error.
26		(3) In the case of a provider for whom the Illinois

HB3342 Enrolled - 573 - LRB100 08528 SMS 18653 b
1		Department initiates the monthly billing process.
2		(4) In the case of a provider operated by a unit of
3		local government with a population exceeding 3,000,000
4		when local government funds finance federal participation
5		for claims payments.
6		For claims for services rendered during a period for which
7		a recipient received retroactive eligibility, claims must be
8		filed within 180 days after the Department determines the
9		applicant is eligible. For claims for which the Illinois
10		Department is not the primary payer, claims must be submitted
11		to the Illinois Department within 180 days after the final
12		adjudication by the primary payer.
13		In the case of long term care facilities, within 45
14		calendar days of receipt by the facility of required
15		prescreening information, new admissions with associated
16		admission documents shall be submitted through the Medical
17		Electronic Data Interchange (MEDI) or the Recipient
18		Eligibility Verification (REV) System or shall be submitted
19		directly to the Department of Human Services using required
20		admission forms. Effective September 1, 2014, admission
21		documents, including all prescreening information, must be
22		submitted through MEDI or REV. Confirmation numbers assigned to
23		an accepted transaction shall be retained by a facility to
24		verify timely submittal. Once an admission transaction has been
25		completed, all resubmitted claims following prior rejection
26		are subject to receipt no later than 180 days after the

HB3342 Enrolled - 574 - LRB100 08528 SMS 18653 b
1		admission transaction has been completed.
2		Claims that are not submitted and received in compliance
3		with the foregoing requirements shall not be eligible for
4		payment under the medical assistance program, and the State
5		shall have no liability for payment of those claims.
6		To the extent consistent with applicable information and
7		privacy, security, and disclosure laws, State and federal
8		agencies and departments shall provide the Illinois Department
9		access to confidential and other information and data necessary
10		to perform eligibility and payment verifications and other
11		Illinois Department functions. This includes, but is not
12		limited to: information pertaining to licensure;
13		certification; earnings; immigration status; citizenship; wage
14		reporting; unearned and earned income; pension income;
15		employment; supplemental security income; social security
16		numbers; National Provider Identifier (NPI) numbers; the
17		National Practitioner Data Bank (NPDB); program and agency
18		exclusions; taxpayer identification numbers; tax delinquency;
19		corporate information; and death records.
20		The Illinois Department shall enter into agreements with
21		State agencies and departments, and is authorized to enter into
22		agreements with federal agencies and departments, under which
23		such agencies and departments shall share data necessary for
24		medical assistance program integrity functions and oversight.
25		The Illinois Department shall develop, in cooperation with
26		other State departments and agencies, and in compliance with

HB3342 Enrolled - 575 - LRB100 08528 SMS 18653 b
1		applicable federal laws and regulations, appropriate and
2		effective methods to share such data. At a minimum, and to the
3		extent necessary to provide data sharing, the Illinois
4		Department shall enter into agreements with State agencies and
5		departments, and is authorized to enter into agreements with
6		federal agencies and departments, including but not limited to:
7		the Secretary of State; the Department of Revenue; the
8		Department of Public Health; the Department of Human Services;
9		and the Department of Financial and Professional Regulation.
10		Beginning in fiscal year 2013, the Illinois Department
11		shall set forth a request for information to identify the
12		benefits of a pre-payment, post-adjudication, and post-edit
13		claims system with the goals of streamlining claims processing
14		and provider reimbursement, reducing the number of pending or
15		rejected claims, and helping to ensure a more transparent
16		adjudication process through the utilization of: (i) provider
17		data verification and provider screening technology; and (ii)
18		clinical code editing; and (iii) pre-pay, pre- or
19		post-adjudicated predictive modeling with an integrated case
20		management system with link analysis. Such a request for
21		information shall not be considered as a request for proposal
22		or as an obligation on the part of the Illinois Department to
23		take any action or acquire any products or services.
24		The Illinois Department shall establish policies,
25		procedures, standards and criteria by rule for the acquisition,
26		repair and replacement of orthotic and prosthetic devices and

HB3342 Enrolled - 576 - LRB100 08528 SMS 18653 b
1		durable medical equipment. Such rules shall provide, but not be
2		limited to, the following services: (1) immediate repair or
3		replacement of such devices by recipients; and (2) rental,
4		lease, purchase or lease-purchase of durable medical equipment
5		in a cost-effective manner, taking into consideration the
6		recipient's medical prognosis, the extent of the recipient's
7		needs, and the requirements and costs for maintaining such
8		equipment. Subject to prior approval, such rules shall enable a
9		recipient to temporarily acquire and use alternative or
10		substitute devices or equipment pending repairs or
11		replacements of any device or equipment previously authorized
12		for such recipient by the Department. Notwithstanding any
13		provision of Section 5-5f to the contrary, the Department may,
14		by rule, exempt certain replacement wheelchair parts from prior
15		approval and, for wheelchairs, wheelchair parts, wheelchair
16		accessories, and related seating and positioning items,
17		determine the wholesale price by methods other than actual
18		acquisition costs.
19		The Department shall require, by rule, all providers of
20		durable medical equipment to be accredited by an accreditation
21		organization approved by the federal Centers for Medicare and
22		Medicaid Services and recognized by the Department in order to
23		bill the Department for providing durable medical equipment to
24		recipients. No later than 15 months after the effective date of
25		the rule adopted pursuant to this paragraph, all providers must
26		meet the accreditation requirement.

HB3342 Enrolled - 577 - LRB100 08528 SMS 18653 b
1		The Department shall execute, relative to the nursing home
2		prescreening project, written inter-agency agreements with the
3		Department of Human Services and the Department on Aging, to
4		effect the following: (i) intake procedures and common
5		eligibility criteria for those persons who are receiving
6		non-institutional services; and (ii) the establishment and
7		development of non-institutional services in areas of the State
8		where they are not currently available or are undeveloped; and
9		(iii) notwithstanding any other provision of law, subject to
10		federal approval, on and after July 1, 2012, an increase in the
11		determination of need (DON) scores from 29 to 37 for applicants
12		for institutional and home and community-based long term care;
13		if and only if federal approval is not granted, the Department
14		may, in conjunction with other affected agencies, implement
15		utilization controls or changes in benefit packages to
16		effectuate a similar savings amount for this population; and
17		(iv) no later than July 1, 2013, minimum level of care
18		eligibility criteria for institutional and home and
19		community-based long term care; and (v) no later than October
20		1, 2013, establish procedures to permit long term care
21		providers access to eligibility scores for individuals with an
22		admission date who are seeking or receiving services from the
23		long term care provider. In order to select the minimum level
24		of care eligibility criteria, the Governor shall establish a
25		workgroup that includes affected agency representatives and
26		stakeholders representing the institutional and home and

HB3342 Enrolled - 578 - LRB100 08528 SMS 18653 b
1		community-based long term care interests. This Section shall
2		not restrict the Department from implementing lower level of
3		care eligibility criteria for community-based services in
4		circumstances where federal approval has been granted.
5		The Illinois Department shall develop and operate, in
6		cooperation with other State Departments and agencies and in
7		compliance with applicable federal laws and regulations,
8		appropriate and effective systems of health care evaluation and
9		programs for monitoring of utilization of health care services
10		and facilities, as it affects persons eligible for medical
11		assistance under this Code.
12		The Illinois Department shall report annually to the
13		General Assembly, no later than the second Friday in April of
14		1979 and each year thereafter, in regard to:
15		(a) actual statistics and trends in utilization of
16		medical services by public aid recipients;
17		(b) actual statistics and trends in the provision of
18		the various medical services by medical vendors;
19		(c) current rate structures and proposed changes in
20		those rate structures for the various medical vendors; and
21		(d) efforts at utilization review and control by the
22		Illinois Department.
23		The period covered by each report shall be the 3 years
24		ending on the June 30 prior to the report. The report shall
25		include suggested legislation for consideration by the General
26		Assembly. The filing of one copy of the report with the

HB3342 Enrolled - 579 - LRB100 08528 SMS 18653 b
1		Speaker, one copy with the Minority Leader and one copy with
2		the Clerk of the House of Representatives, one copy with the
3		President, one copy with the Minority Leader and one copy with
4		the Secretary of the Senate, one copy with the Legislative
5		Research Unit, and such additional copies with the State
6		Government Report Distribution Center for the General Assembly
7		as is required under paragraph (t) of Section 7 of the State
8		Library Act shall be deemed sufficient to comply with this
9		Section.
10		Rulemaking authority to implement Public Act 95-1045, if
11		any, is conditioned on the rules being adopted in accordance
12		with all provisions of the Illinois Administrative Procedure
13		Act and all rules and procedures of the Joint Committee on
14		Administrative Rules; any purported rule not so adopted, for
15		whatever reason, is unauthorized.
16		On and after July 1, 2012, the Department shall reduce any
17		rate of reimbursement for services or other payments or alter
18		any methodologies authorized by this Code to reduce any rate of
19		reimbursement for services or other payments in accordance with
20		Section 5-5e.
21		Because kidney transplantation can be an appropriate, cost
22		effective alternative to renal dialysis when medically
23		necessary and notwithstanding the provisions of Section 1-11 of
24		this Code, beginning October 1, 2014, the Department shall
25		cover kidney transplantation for noncitizens with end-stage
26		renal disease who are not eligible for comprehensive medical

HB3342 Enrolled - 580 - LRB100 08528 SMS 18653 b
1		benefits, who meet the residency requirements of Section 5-3 of
2		this Code, and who would otherwise meet the financial
3		requirements of the appropriate class of eligible persons under
4		Section 5-2 of this Code. To qualify for coverage of kidney
5		transplantation, such person must be receiving emergency renal
6		dialysis services covered by the Department. Providers under
7		this Section shall be prior approved and certified by the
8		Department to perform kidney transplantation and the services
9		under this Section shall be limited to services associated with
10		kidney transplantation.
11		Notwithstanding any other provision of this Code to the
12		contrary, on or after July 1, 2015, all FDA approved forms of
13		medication assisted treatment prescribed for the treatment of
14		alcohol dependence or treatment of opioid dependence shall be
15		covered under both fee for service and managed care medical
16		assistance programs for persons who are otherwise eligible for
17		medical assistance under this Article and shall not be subject
18		to any (1) utilization control, other than those established
19		under the American Society of Addiction Medicine patient
20		placement criteria, (2) prior authorization mandate, or (3)
21		lifetime restriction limit mandate.
22		On or after July 1, 2015, opioid antagonists prescribed for
23		the treatment of an opioid overdose, including the medication
24		product, administration devices, and any pharmacy fees related
25		to the dispensing and administration of the opioid antagonist,
26		shall be covered under the medical assistance program for

HB3342 Enrolled - 581 - LRB100 08528 SMS 18653 b
1		persons who are otherwise eligible for medical assistance under
2		this Article. As used in this Section, "opioid antagonist"
3		means a drug that binds to opioid receptors and blocks or
4		inhibits the effect of opioids acting on those receptors,
5		including, but not limited to, naloxone hydrochloride or any
6		other similarly acting drug approved by the U.S. Food and Drug
7		Administration.
8		Upon federal approval, the Department shall provide
9		coverage and reimbursement for all drugs that are approved for
10		marketing by the federal Food and Drug Administration and that
11		are recommended by the federal Public Health Service or the
12		United States Centers for Disease Control and Prevention for
13		pre-exposure prophylaxis and related pre-exposure prophylaxis
14		services, including, but not limited to, HIV and sexually
15		transmitted infection screening, treatment for sexually
16		transmitted infections, medical monitoring, assorted labs, and
17		counseling to reduce the likelihood of HIV infection among
18		individuals who are not infected with HIV but who are at high
19		risk of HIV infection.
20		(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
21		99-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
22		the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
23		99-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
24		7-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
25		eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
26		100-538, eff. 1-1-18; revised 10-26-17.)

HB3342 Enrolled - 582 - LRB100 08528 SMS 18653 b
1		(305 ILCS 5/5-30)
2		Sec. 5-30. Care coordination.
3		(a) At least 50% of recipients eligible for comprehensive
4		medical benefits in all medical assistance programs or other
5		health benefit programs administered by the Department,
6		including the Children's Health Insurance Program Act and the
7		Covering ALL KIDS Health Insurance Act, shall be enrolled in a
8		care coordination program by no later than January 1, 2015. For
9		purposes of this Section, "coordinated care" or "care
10		coordination" means delivery systems where recipients will
11		receive their care from providers who participate under
12		contract in integrated delivery systems that are responsible
13		for providing or arranging the majority of care, including
14		primary care physician services, referrals from primary care
15		physicians, diagnostic and treatment services, behavioral
16		health services, in-patient and outpatient hospital services,
17		dental services, and rehabilitation and long-term care
18		services. The Department shall designate or contract for such
19		integrated delivery systems (i) to ensure enrollees have a
20		choice of systems and of primary care providers within such
21		systems; (ii) to ensure that enrollees receive quality care in
22		a culturally and linguistically appropriate manner; and (iii)
23		to ensure that coordinated care programs meet the diverse needs
24		of enrollees with developmental, mental health, physical, and
25		age-related disabilities.

HB3342 Enrolled - 583 - LRB100 08528 SMS 18653 b
1		(b) Payment for such coordinated care shall be based on
2		arrangements where the State pays for performance related to
3		health care outcomes, the use of evidence-based practices, the
4		use of primary care delivered through comprehensive medical
5		homes, the use of electronic medical records, and the
6		appropriate exchange of health information electronically made
7		either on a capitated basis in which a fixed monthly premium
8		per recipient is paid and full financial risk is assumed for
9		the delivery of services, or through other risk-based payment
10		arrangements.
11		(c) To qualify for compliance with this Section, the 50%
12		goal shall be achieved by enrolling medical assistance
13		enrollees from each medical assistance enrollment category,
14		including parents, children, seniors, and people with
15		disabilities to the extent that current State Medicaid payment
16		laws would not limit federal matching funds for recipients in
17		care coordination programs. In addition, services must be more
18		comprehensively defined and more risk shall be assumed than in
19		the Department's primary care case management program as of
20		January 25, 2011 (the effective date of Public Act 96-1501).
21		(d) The Department shall report to the General Assembly in
22		a separate part of its annual medical assistance program
23		report, beginning April, 2012 until April, 2016, on the
24		progress and implementation of the care coordination program
25		initiatives established by the provisions of Public Act
26		96-1501. The Department shall include in its April 2011 report

HB3342 Enrolled - 584 - LRB100 08528 SMS 18653 b
1		a full analysis of federal laws or regulations regarding upper
2		payment limitations to providers and the necessary revisions or
3		adjustments in rate methodologies and payments to providers
4		under this Code that would be necessary to implement
5		coordinated care with full financial risk by a party other than
6		the Department.
7		(e) Integrated Care Program for individuals with chronic
8		mental health conditions.
9		(1) The Integrated Care Program shall encompass
10		services administered to recipients of medical assistance
11		under this Article to prevent exacerbations and
12		complications using cost-effective, evidence-based
13		practice guidelines and mental health management
14		strategies.
15		(2) The Department may utilize and expand upon existing
16		contractual arrangements with integrated care plans under
17		the Integrated Care Program for providing the coordinated
18		care provisions of this Section.
19		(3) Payment for such coordinated care shall be based on
20		arrangements where the State pays for performance related
21		to mental health outcomes on a capitated basis in which a
22		fixed monthly premium per recipient is paid and full
23		financial risk is assumed for the delivery of services, or
24		through other risk-based payment arrangements such as
25		provider-based care coordination.
26		(4) The Department shall examine whether chronic

HB3342 Enrolled - 585 - LRB100 08528 SMS 18653 b
1		mental health management programs and services for
2		recipients with specific chronic mental health conditions
3		do any or all of the following:
4		(A) Improve the patient's overall mental health in
5		a more expeditious and cost-effective manner.
6		(B) Lower costs in other aspects of the medical
7		assistance program, such as hospital admissions,
8		emergency room visits, or more frequent and
9		inappropriate psychotropic drug use.
10		(5) The Department shall work with the facilities and
11		any integrated care plan participating in the program to
12		identify and correct barriers to the successful
13		implementation of this subsection (e) prior to and during
14		the implementation to best facilitate the goals and
15		objectives of this subsection (e).
16		(f) A hospital that is located in a county of the State in
17		which the Department mandates some or all of the beneficiaries
18		of the Medical Assistance Program residing in the county to
19		enroll in a Care Coordination Program, as set forth in Section
20		5-30 of this Code, shall not be eligible for any non-claims
21		based payments not mandated by Article V-A of this Code for
22		which it would otherwise be qualified to receive, unless the
23		hospital is a Coordinated Care Participating Hospital no later
24		than 60 days after June 14, 2012 (the effective date of Public
25		Act 97-689) or 60 days after the first mandatory enrollment of
26		a beneficiary in a Coordinated Care program. For purposes of

HB3342 Enrolled - 586 - LRB100 08528 SMS 18653 b
1		this subsection, "Coordinated Care Participating Hospital"
2		means a hospital that meets one of the following criteria:
3		(1) The hospital has entered into a contract to provide
4		hospital services with one or more MCOs to enrollees of the
5		care coordination program.
6		(2) The hospital has not been offered a contract by a
7		care coordination plan that the Department has determined
8		to be a good faith offer and that pays at least as much as
9		the Department would pay, on a fee-for-service basis, not
10		including disproportionate share hospital adjustment
11		payments or any other supplemental adjustment or add-on
12		payment to the base fee-for-service rate, except to the
13		extent such adjustments or add-on payments are
14		incorporated into the development of the applicable MCO
15		capitated rates.
16		As used in this subsection (f), "MCO" means any entity
17		which contracts with the Department to provide services where
18		payment for medical services is made on a capitated basis.
19		(g) No later than August 1, 2013, the Department shall
20		issue a purchase of care solicitation for Accountable Care
21		Entities (ACE) to serve any children and parents or caretaker
22		relatives of children eligible for medical assistance under
23		this Article. An ACE may be a single corporate structure or a
24		network of providers organized through contractual
25		relationships with a single corporate entity. The solicitation
26		shall require that:

HB3342 Enrolled - 587 - LRB100 08528 SMS 18653 b
1		(1) An ACE operating in Cook County be capable of
2		serving at least 40,000 eligible individuals in that
3		county; an ACE operating in Lake, Kane, DuPage, or Will
4		Counties be capable of serving at least 20,000 eligible
5		individuals in those counties and an ACE operating in other
6		regions of the State be capable of serving at least 10,000
7		eligible individuals in the region in which it operates.
8		During initial periods of mandatory enrollment, the
9		Department shall require its enrollment services
10		contractor to use a default assignment algorithm that
11		ensures if possible an ACE reaches the minimum enrollment
12		levels set forth in this paragraph.
13		(2) An ACE must include at a minimum the following
14		types of providers: primary care, specialty care,
15		hospitals, and behavioral healthcare.
16		(3) An ACE shall have a governance structure that
17		includes the major components of the health care delivery
18		system, including one representative from each of the
19		groups listed in paragraph (2).
20		(4) An ACE must be an integrated delivery system,
21		including a network able to provide the full range of
22		services needed by Medicaid beneficiaries and system
23		capacity to securely pass clinical information across
24		participating entities and to aggregate and analyze that
25		data in order to coordinate care.
26		(5) An ACE must be capable of providing both care

HB3342 Enrolled - 588 - LRB100 08528 SMS 18653 b
1		coordination and complex case management, as necessary, to
2		beneficiaries. To be responsive to the solicitation, a
3		potential ACE must outline its care coordination and
4		complex case management model and plan to reduce the cost
5		of care.
6		(6) In the first 18 months of operation, unless the ACE
7		selects a shorter period, an ACE shall be paid care
8		coordination fees on a per member per month basis that are
9		projected to be cost neutral to the State during the term
10		of their payment and, subject to federal approval, be
11		eligible to share in additional savings generated by their
12		care coordination.
13		(7) In months 19 through 36 of operation, unless the
14		ACE selects a shorter period, an ACE shall be paid on a
15		pre-paid capitation basis for all medical assistance
16		covered services, under contract terms similar to Managed
17		Care Organizations (MCO), with the Department sharing the
18		risk through either stop-loss insurance for extremely high
19		cost individuals or corridors of shared risk based on the
20		overall cost of the total enrollment in the ACE. The ACE
21		shall be responsible for claims processing, encounter data
22		submission, utilization control, and quality assurance.
23		(8) In the fourth and subsequent years of operation, an
24		ACE shall convert to a Managed Care Community Network
25		(MCCN), as defined in this Article, or Health Maintenance
26		Organization pursuant to the Illinois Insurance Code,

HB3342 Enrolled - 589 - LRB100 08528 SMS 18653 b
1		accepting full-risk capitation payments.
2		The Department shall allow potential ACE entities 5 months
3		from the date of the posting of the solicitation to submit
4		proposals. After the solicitation is released, in addition to
5		the MCO rate development data available on the Department's
6		website, subject to federal and State confidentiality and
7		privacy laws and regulations, the Department shall provide 2
8		years of de-identified summary service data on the targeted
9		population, split between children and adults, showing the
10		historical type and volume of services received and the cost of
11		those services to those potential bidders that sign a data use
12		agreement. The Department may add up to 2 non-state government
13		employees with expertise in creating integrated delivery
14		systems to its review team for the purchase of care
15		solicitation described in this subsection. Any such
16		individuals must sign a no-conflict disclosure and
17		confidentiality agreement and agree to act in accordance with
18		all applicable State laws.
19		During the first 2 years of an ACE's operation, the
20		Department shall provide claims data to the ACE on its
21		enrollees on a periodic basis no less frequently than monthly.
22		Nothing in this subsection shall be construed to limit the
23		Department's mandate to enroll 50% of its beneficiaries into
24		care coordination systems by January 1, 2015, using all
25		available care coordination delivery systems, including Care
26		Coordination Entities (CCE), MCCNs, or MCOs, nor be construed

HB3342 Enrolled - 590 - LRB100 08528 SMS 18653 b
1		to affect the current CCEs, MCCNs, and MCOs selected to serve
2		seniors and persons with disabilities prior to that date.
3		Nothing in this subsection precludes the Department from
4		considering future proposals for new ACEs or expansion of
5		existing ACEs at the discretion of the Department.
6		(h) Department contracts with MCOs and other entities
7		reimbursed by risk based capitation shall have a minimum
8		medical loss ratio of 85%, shall require the entity to
9		establish an appeals and grievances process for consumers and
10		providers, and shall require the entity to provide a quality
11		assurance and utilization review program. Entities contracted
12		with the Department to coordinate healthcare regardless of risk
13		shall be measured utilizing the same quality metrics. The
14		quality metrics may be population specific. Any contracted
15		entity serving at least 5,000 seniors or people with
16		disabilities or 15,000 individuals in other populations
17		covered by the Medical Assistance Program that has been
18		receiving full-risk capitation for a year shall be accredited
19		by a national accreditation organization authorized by the
20		Department within 2 years after the date it is eligible to
21		become accredited. The requirements of this subsection shall
22		apply to contracts with MCOs entered into or renewed or
23		extended after June 1, 2013.
24		(h-5) The Department shall monitor and enforce compliance
25		by MCOs with agreements they have entered into with providers
26		on issues that include, but are not limited to, timeliness of

HB3342 Enrolled - 591 - LRB100 08528 SMS 18653 b
1		payment, payment rates, and processes for obtaining prior
2		approval. The Department may impose sanctions on MCOs for
3		violating provisions of those agreements that include, but are
4		not limited to, financial penalties, suspension of enrollment
5		of new enrollees, and termination of the MCO's contract with
6		the Department. As used in this subsection (h-5), "MCO" has the
7		meaning ascribed to that term in Section 5-30.1 of this Code.
8		(i) Unless otherwise required by federal law, Medicaid
9		Managed Care Entities and their respective business associates
10		shall not disclose, directly or indirectly, including by
11		sending a bill or explanation of benefits, information
12		concerning the sensitive health services received by enrollees
13		of the Medicaid Managed Care Entity to any person other than
14		covered entities and business associates, which may receive,
15		use, and further disclose such information solely for the
16		purposes permitted under applicable federal and State laws and
17		regulations if such use and further disclosure satisfies all
18		applicable requirements of such laws and regulations. The
19		Medicaid Managed Care Entity or its respective business
20		associates may disclose information concerning the sensitive
21		health services if the enrollee who received the sensitive
22		health services requests the information from the Medicaid
23		Managed Care Entity or its respective business associates and
24		authorized the sending of a bill or explanation of benefits.
25		Communications including, but not limited to, statements of
26		care received or appointment reminders either directly or

HB3342 Enrolled - 592 - LRB100 08528 SMS 18653 b
1		indirectly to the enrollee from the health care provider,
2		health care professional, and care coordinators, remain
3		permissible. Medicaid Managed Care Entities or their
4		respective business associates may communicate directly with
5		their enrollees regarding care coordination activities for
6		those enrollees.
7		For the purposes of this subsection, the term "Medicaid
8		Managed Care Entity" includes Care Coordination Entities,
9		Accountable Care Entities, Managed Care Organizations, and
10		Managed Care Community Networks.
11		For purposes of this subsection, the term "sensitive health
12		services" means mental health services, substance abuse
13		treatment services, reproductive health services, family
14		planning services, services for sexually transmitted
15		infections and sexually transmitted diseases, and services for
16		sexual assault or domestic abuse. Services include prevention,
17		screening, consultation, examination, treatment, or follow-up.
18		For purposes of this subsection, "business associate",
19		"covered entity", "disclosure", and "use" have the meanings
20		ascribed to those terms in 45 CFR 160.103.
21		Nothing in this subsection shall be construed to relieve a
22		Medicaid Managed Care Entity or the Department of any duty to
23		report incidents of sexually transmitted infections to the
24		Department of Public Health or to the local board of health in
25		accordance with regulations adopted under a statute or
26		ordinance or to report incidents of sexually transmitted

HB3342 Enrolled - 593 - LRB100 08528 SMS 18653 b
1		infections as necessary to comply with the requirements under
2		Section 5 of the Abused and Neglected Child Reporting Act or as
3		otherwise required by State or federal law.
4		The Department shall create policy in order to implement
5		the requirements in this subsection.
6		(j) Managed Care Entities (MCEs), including MCOs and all
7		other care coordination organizations, shall develop and
8		maintain a written language access policy that sets forth the
9		standards, guidelines, and operational plan to ensure language
10		appropriate services and that is consistent with the standard
11		of meaningful access for populations with limited English
12		proficiency. The language access policy shall describe how the
13		MCEs will provide all of the following required services:
14		(1) Translation (the written replacement of text from
15		one language into another) of all vital documents and forms
16		as identified by the Department.
17		(2) Qualified interpreter services (the oral
18		communication of a message from one language into another
19		by a qualified interpreter).
20		(3) Staff training on the language access policy,
21		including how to identify language needs, access and
22		provide language assistance services, work with
23		interpreters, request translations, and track the use of
24		language assistance services.
25		(4) Data tracking that identifies the language need.
26		(5) Notification to participants on the availability

HB3342 Enrolled - 594 - LRB100 08528 SMS 18653 b
1		of language access services and on how to access such
2		services.
3		(k) The Department shall actively monitor the contractual
4		relationship between Managed Care Organizations (MCOs) and any
5		dental administrator contracted by an MCO to provide dental
6		services. The Department shall adopt appropriate dental
7		Healthcare Effectiveness Data and Information Set (HEDIS)
8		measures and shall include the Annual Dental Visit (ADV) HEDIS
9		measure in its Health Plan Comparison Tool and Illinois
10		Medicaid Plan Report Card that is available on the Department's
11		website for enrolled individuals.
12		The Department shall collect from each MCO specific
13		information about the types of contracted, broad-based care
14		coordination occurring between the MCO and any dental
15		administrator, including, but not limited to, pregnant women
16		and diabetic patients in need of oral care.
17		(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
18		99-106, eff. 1-1-16; 99-181, eff. 7-29-15; 99-566, eff. 1-1-17;
19		99-642, eff. 7-28-16.)
20		(305 ILCS 5/5-30.1)
21		Sec. 5-30.1. Managed care protections.
22		(a) As used in this Section:
23		"Managed care organization" or "MCO" means any entity which
24		contracts with the Department to provide services where payment
25		for medical services is made on a capitated basis.

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1		"Emergency services" include:
2		(1) emergency services, as defined by Section 10 of the
3		Managed Care Reform and Patient Rights Act;
4		(2) emergency medical screening examinations, as
5		defined by Section 10 of the Managed Care Reform and
6		Patient Rights Act;
7		(3) post-stabilization medical services, as defined by
8		Section 10 of the Managed Care Reform and Patient Rights
9		Act; and
10		(4) emergency medical conditions, as defined by
11		Section 10 of the Managed Care Reform and Patient Rights
12		Act.
13		(b) As provided by Section 5-16.12, managed care
14		organizations are subject to the provisions of the Managed Care
15		Reform and Patient Rights Act.
16		(c) An MCO shall pay any provider of emergency services
17		that does not have in effect a contract with the contracted
18		Medicaid MCO. The default rate of reimbursement shall be the
19		rate paid under Illinois Medicaid fee-for-service program
20		methodology, including all policy adjusters, including but not
21		limited to Medicaid High Volume Adjustments, Medicaid
22		Percentage Adjustments, Outpatient High Volume Adjustments,
23		and all outlier add-on adjustments to the extent such
24		adjustments are incorporated in the development of the
25		applicable MCO capitated rates.
26		(d) An MCO shall pay for all post-stabilization services as

HB3342 Enrolled - 596 - LRB100 08528 SMS 18653 b
1		a covered service in any of the following situations:
2		(1) the MCO authorized such services;
3		(2) such services were administered to maintain the
4		enrollee's stabilized condition within one hour after a
5		request to the MCO for authorization of further
6		post-stabilization services;
7		(3) the MCO did not respond to a request to authorize
8		such services within one hour;
9		(4) the MCO could not be contacted; or
10		(5) the MCO and the treating provider, if the treating
11		provider is a non-affiliated provider, could not reach an
12		agreement concerning the enrollee's care and an affiliated
13		provider was unavailable for a consultation, in which case
14		the MCO must pay for such services rendered by the treating
15		non-affiliated provider until an affiliated provider was
16		reached and either concurred with the treating
17		non-affiliated provider's plan of care or assumed
18		responsibility for the enrollee's care. Such payment shall
19		be made at the default rate of reimbursement paid under
20		Illinois Medicaid fee-for-service program methodology,
21		including all policy adjusters, including but not limited
22		to Medicaid High Volume Adjustments, Medicaid Percentage
23		Adjustments, Outpatient High Volume Adjustments and all
24		outlier add-on adjustments to the extent that such
25		adjustments are incorporated in the development of the
26		applicable MCO capitated rates.

HB3342 Enrolled - 597 - LRB100 08528 SMS 18653 b
1		(e) The following requirements apply to MCOs in determining
2		payment for all emergency services:
3		(1) MCOs shall not impose any requirements for prior
4		approval of emergency services.
5		(2) The MCO shall cover emergency services provided to
6		enrollees who are temporarily away from their residence and
7		outside the contracting area to the extent that the
8		enrollees would be entitled to the emergency services if
9		they still were within the contracting area.
10		(3) The MCO shall have no obligation to cover medical
11		services provided on an emergency basis that are not
12		covered services under the contract.
13		(4) The MCO shall not condition coverage for emergency
14		services on the treating provider notifying the MCO of the
15		enrollee's screening and treatment within 10 days after
16		presentation for emergency services.
17		(5) The determination of the attending emergency
18		physician, or the provider actually treating the enrollee,
19		of whether an enrollee is sufficiently stabilized for
20		discharge or transfer to another facility, shall be binding
21		on the MCO. The MCO shall cover emergency services for all
22		enrollees whether the emergency services are provided by an
23		affiliated or non-affiliated provider.
24		(6) The MCO's financial responsibility for
25		post-stabilization care services it has not pre-approved
26		ends when:

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1		(A) a plan physician with privileges at the
2		treating hospital assumes responsibility for the
3		enrollee's care;
4		(B) a plan physician assumes responsibility for
5		the enrollee's care through transfer;
6		(C) a contracting entity representative and the
7		treating physician reach an agreement concerning the
8		enrollee's care; or
9		(D) the enrollee is discharged.
10		(f) Network adequacy and transparency.
11		(1) The Department shall:
12		(A) ensure that an adequate provider network is in
13		place, taking into consideration health professional
14		shortage areas and medically underserved areas;
15		(B) publicly release an explanation of its process
16		for analyzing network adequacy;
17		(C) periodically ensure that an MCO continues to
18		have an adequate network in place; and
19		(D) require MCOs, including Medicaid Managed Care
20		Entities as defined in Section 5-30.2, to meet provider
21		directory requirements under Section 5-30.3.
22		(2) Each MCO shall confirm its receipt of information
23		submitted specific to physician or dentist additions or
24		physician or dentist deletions from the MCO's provider
25		network within 3 days after receiving all required
26		information from contracted physicians or dentists, and

HB3342 Enrolled - 599 - LRB100 08528 SMS 18653 b
1		electronic physician and dental directories must be
2		updated consistent with current rules as published by the
3		Centers for Medicare and Medicaid Services or its successor
4		agency.
5		(g) Timely payment of claims.
6		(1) The MCO shall pay a claim within 30 days of
7		receiving a claim that contains all the essential
8		information needed to adjudicate the claim.
9		(2) The MCO shall notify the billing party of its
10		inability to adjudicate a claim within 30 days of receiving
11		that claim.
12		(3) The MCO shall pay a penalty that is at least equal
13		to the penalty imposed under the Illinois Insurance Code
14		for any claims not timely paid.
15		(4) The Department may establish a process for MCOs to
16		expedite payments to providers based on criteria
17		established by the Department.
18		(g-5) Recognizing that the rapid transformation of the
19		Illinois Medicaid program may have unintended operational
20		challenges for both payers and providers:
21		(1) in no instance shall a medically necessary covered
22		service rendered in good faith, based upon eligibility
23		information documented by the provider, be denied coverage
24		or diminished in payment amount if the eligibility or
25		coverage information available at the time the service was
26		rendered is later found to be inaccurate; and

HB3342 Enrolled - 600 - LRB100 08528 SMS 18653 b
1		(2) the Department shall, by December 31, 2016, adopt
2		rules establishing policies that shall be included in the
3		Medicaid managed care policy and procedures manual
4		addressing payment resolutions in situations in which a
5		provider renders services based upon information obtained
6		after verifying a patient's eligibility and coverage plan
7		through either the Department's current enrollment system
8		or a system operated by the coverage plan identified by the
9		patient presenting for services:
10		(A) such medically necessary covered services
11		shall be considered rendered in good faith;
12		(B) such policies and procedures shall be
13		developed in consultation with industry
14		representatives of the Medicaid managed care health
15		plans and representatives of provider associations
16		representing the majority of providers within the
17		identified provider industry; and
18		(C) such rules shall be published for a review and
19		comment period of no less than 30 days on the
20		Department's website with final rules remaining
21		available on the Department's website.
22		(3) The rules on payment resolutions shall include, but
23		not be limited to:
24		(A) the extension of the timely filing period;
25		(B) retroactive prior authorizations; and
26		(C) guaranteed minimum payment rate of no less than

HB3342 Enrolled - 601 - LRB100 08528 SMS 18653 b
1		the current, as of the date of service, fee-for-service
2		rate, plus all applicable add-ons, when the resulting
3		service relationship is out of network.
4		(4) The rules shall be applicable for both MCO coverage
5		and fee-for-service coverage.
6		(g-6) MCO Performance Metrics Report.
7		(1) The Department shall publish, on at least a
8		quarterly basis, each MCO's operational performance,
9		including, but not limited to, the following categories of
10		metrics:
11		(A) claims payment, including timeliness and
12		accuracy;
13		(B) prior authorizations;
14		(C) grievance and appeals;
15		(D) utilization statistics;
16		(E) provider disputes;
17		(F) provider credentialing; and
18		(G) member and provider customer service.
19		(2) The Department shall ensure that the metrics report
20		is accessible to providers online by January 1, 2017.
21		(3) The metrics shall be developed in consultation with
22		industry representatives of the Medicaid managed care
23		health plans and representatives of associations
24		representing the majority of providers within the
25		identified industry.
26		(4) Metrics shall be defined and incorporated into the

HB3342 Enrolled - 602 - LRB100 08528 SMS 18653 b
1		applicable Managed Care Policy Manual issued by the
2		Department.
3		(g-7) MCO claims processing and performance analysis. In
4		order to monitor MCO payments to hospital providers, pursuant
5		to this amendatory Act of the 100th General Assembly, the
6		Department shall post an analysis of MCO claims processing and
7		payment performance on its website every 6 months. Such
8		analysis shall include a review and evaluation of a
9		representative sample of hospital claims that are rejected and
10		denied for clean and unclean claims and the top 5 reasons for
11		such actions and timeliness of claims adjudication, which
12		identifies the percentage of claims adjudicated within 30, 60,
13		90, and over 90 days, and the dollar amounts associated with
14		those claims. The Department shall post the contracted claims
15		report required by HealthChoice Illinois on its website every 3
16		months.
17		(h) The Department shall not expand mandatory MCO
18		enrollment into new counties beyond those counties already
19		designated by the Department as of June 1, 2014 for the
20		individuals whose eligibility for medical assistance is not the
21		seniors or people with disabilities population until the
22		Department provides an opportunity for accountable care
23		entities and MCOs to participate in such newly designated
24		counties.
25		(i) The requirements of this Section apply to contracts
26		with accountable care entities and MCOs entered into, amended,

HB3342 Enrolled - 603 - LRB100 08528 SMS 18653 b
1		or renewed after June 16, 2014 (the effective date of Public
2		Act 98-651).
3		(Source: P.A. 99-725, eff. 8-5-16; 99-751, eff. 8-5-16;
4		100-201, eff. 8-18-17; 100-580, eff. 3-12-18.)
5		ARTICLE 100. BONDING
6		Section 100-5. The General Obligation Bond Act is amended
7		by changing Sections 2, 3, and 5 as follows:
8		(30 ILCS 330/2) (from Ch. 127, par. 652)
9		Sec. 2. Authorization for Bonds. The State of Illinois is
10		authorized to issue, sell and provide for the retirement of
11		General Obligation Bonds of the State of Illinois for the
12		categories and specific purposes expressed in Sections 2
13		through 8 of this Act, in the total amount of $57,717,925,743
14		$55,917,925,743.
15		The bonds authorized in this Section 2 and in Section 16 of
16		this Act are herein called "Bonds".
17		Of the total amount of Bonds authorized in this Act, up to
18		$2,200,000,000 in aggregate original principal amount may be
19		issued and sold in accordance with the Baccalaureate Savings
20		Act in the form of General Obligation College Savings Bonds.
21		Of the total amount of Bonds authorized in this Act, up to
22		$300,000,000 in aggregate original principal amount may be
23		issued and sold in accordance with the Retirement Savings Act

HB3342 Enrolled - 604 - LRB100 08528 SMS 18653 b
1		in the form of General Obligation Retirement Savings Bonds.
2		Of the total amount of Bonds authorized in this Act, the
3		additional $10,000,000,000 authorized by Public Act 93-2, the
4		$3,466,000,000 authorized by Public Act 96-43, and the
5		$4,096,348,300 authorized by Public Act 96-1497 shall be used
6		solely as provided in Section 7.2.
7		Of the total amount of Bonds authorized in this Act, the
8		additional $6,000,000,000 authorized by this amendatory Act of
9		the 100th General Assembly shall be used solely as provided in
10		Section 7.6 and shall be issued by December 31, 2017.
11		Of the total amount of Bonds authorized in this Act,
12		$1,000,000,000 of the additional amount authorized by this
13		amendatory Act of the 100th General Assembly shall be used
14		solely as provided in Section 7.7.
15		The issuance and sale of Bonds pursuant to the General
16		Obligation Bond Act is an economical and efficient method of
17		financing the long-term capital needs of the State. This Act
18		will permit the issuance of a multi-purpose General Obligation
19		Bond with uniform terms and features. This will not only lower
20		the cost of registration but also reduce the overall cost of
21		issuing debt by improving the marketability of Illinois General
22		Obligation Bonds.
23		(Source: P.A. 100-23, eff. 7-6-17.)
24		(30 ILCS 330/3) (from Ch. 127, par. 653)
25		Sec. 3. Capital Facilities. The amount of $10,538,963,443

HB3342 Enrolled - 605 - LRB100 08528 SMS 18653 b
1		$9,753,963,443 is authorized to be used for the acquisition,
2		development, construction, reconstruction, improvement,
3		financing, architectural planning and installation of capital
4		facilities within the State, consisting of buildings,
5		structures, durable equipment, land, interests in land, and the
6		costs associated with the purchase and implementation of
7		information technology, including but not limited to the
8		purchase of hardware and software, for the following specific
9		purposes:
10		(a) $3,433,228,000 $3,393,228,000 for educational
11		purposes by State universities and colleges, the Illinois
12		Community College Board created by the Public Community
13		College Act and for grants to public community colleges as
14		authorized by Sections 5-11 and 5-12 of the Public
15		Community College Act;
16		(b) $1,648,420,000 for correctional purposes at State
17		prison and correctional centers;
18		(c) $599,183,000 for open spaces, recreational and
19		conservation purposes and the protection of land;
20		(d) $764,317,000 $751,317,000 for child care
21		facilities, mental and public health facilities, and
22		facilities for the care of veterans with disabilities and
23		their spouses;
24		(e) $2,884,790,000 $2,152,790,000 for use by the
25		State, its departments, authorities, public corporations,
26		commissions and agencies;

HB3342 Enrolled - 606 - LRB100 08528 SMS 18653 b
1		(f) $818,100 for cargo handling facilities at port
2		districts and for breakwaters, including harbor entrances,
3		at port districts in conjunction with facilities for small
4		boats and pleasure crafts;
5		(g) $297,177,074 for water resource management
6		projects;
7		(h) $16,940,269 for the provision of facilities for
8		food production research and related instructional and
9		public service activities at the State universities and
10		public community colleges;
11		(i) $36,000,000 for grants by the Secretary of State,
12		as State Librarian, for central library facilities
13		authorized by Section 8 of the Illinois Library System Act
14		and for grants by the Capital Development Board to units of
15		local government for public library facilities;
16		(j) $25,000,000 for the acquisition, development,
17		construction, reconstruction, improvement, financing,
18		architectural planning and installation of capital
19		facilities consisting of buildings, structures, durable
20		equipment and land for grants to counties, municipalities
21		or public building commissions with correctional
22		facilities that do not comply with the minimum standards of
23		the Department of Corrections under Section 3-15-2 of the
24		Unified Code of Corrections;
25		(k) $5,000,000 for grants in fiscal year 1988 by the
26		Department of Conservation for improvement or expansion of

HB3342 Enrolled - 607 - LRB100 08528 SMS 18653 b
1		aquarium facilities located on property owned by a park
2		district;
3		(l) $599,590,000 to State agencies for grants to local
4		governments for the acquisition, financing, architectural
5		planning, development, alteration, installation, and
6		construction of capital facilities consisting of
7		buildings, structures, durable equipment, and land; and
8		(m) $228,500,000 for the Illinois Open Land Trust
9		Program as defined by the Illinois Open Land Trust Act.
10		The amounts authorized above for capital facilities may be
11		used for the acquisition, installation, alteration,
12		construction, or reconstruction of capital facilities and for
13		the purchase of equipment for the purpose of major capital
14		improvements which will reduce energy consumption in State
15		buildings or facilities.
16		(Source: P.A. 98-94, eff. 7-17-13; 99-143, eff. 7-27-15.)
17		(30 ILCS 330/5) (from Ch. 127, par. 655)
18		Sec. 5. School Construction.
19		(a) The amount of $58,450,000 is authorized to make grants
20		to local school districts for the acquisition, development,
21		construction, reconstruction, rehabilitation, improvement,
22		financing, architectural planning and installation of capital
23		facilities, including but not limited to those required for
24		special education building projects provided for in Article 14
25		of The School Code, consisting of buildings, structures, and

HB3342 Enrolled - 608 - LRB100 08528 SMS 18653 b
1		durable equipment, and for the acquisition and improvement of
2		real property and interests in real property required, or
3		expected to be required, in connection therewith.
4		(b) $22,550,000, or so much thereof as may be necessary,
5		for grants to school districts for the making of principal and
6		interest payments, required to be made, on bonds issued by such
7		school districts after January 1, 1969, pursuant to any
8		indenture, ordinance, resolution, agreement or contract to
9		provide funds for the acquisition, development, construction,
10		reconstruction, rehabilitation, improvement, architectural
11		planning and installation of capital facilities consisting of
12		buildings, structures, durable equipment and land for
13		educational purposes or for lease payments required to be made
14		by a school district for principal and interest payments on
15		bonds issued by a Public Building Commission after January 1,
16		1969.
17		(c) $10,000,000 for grants to school districts for the
18		acquisition, development, construction, reconstruction,
19		rehabilitation, improvement, architectural planning and
20		installation of capital facilities consisting of buildings
21		structures, durable equipment and land for special education
22		building projects.
23		(d) $9,000,000 for grants to school districts for the
24		reconstruction, rehabilitation, improvement, financing and
25		architectural planning of capital facilities, including
26		construction at another location to replace such capital

HB3342 Enrolled - 609 - LRB100 08528 SMS 18653 b
1		facilities, consisting of those public school buildings and
2		temporary school facilities which, prior to January 1, 1984,
3		were condemned by the regional superintendent under Section
4		3-14.22 of The School Code or by any State official having
5		jurisdiction over building safety.
6		(e) $3,050,000,000 for grants to school districts for
7		school improvement projects authorized by the School
8		Construction Law. The bonds shall be sold in amounts not to
9		exceed the following schedule, except any bonds not sold during
10		one year shall be added to the bonds to be sold during the
11		remainder of the schedule:
12		First year...................................$200,000,000
13		Second year..................................$450,000,000
14		Third year...................................$500,000,000
15		Fourth year..................................$500,000,000
16		Fifth year...................................$800,000,000
17		Sixth year and thereafter....................$600,000,000
18		(f) $1,615,000,000 $1,600,000,000 grants to school
19		districts for school implemented projects authorized by the
20		School Construction Law.
21		(Source: P.A. 98-94, eff. 7-17-13.)
22		ARTICLE 110. PENSION CODE: RECERTIFICATION
23		Section 110-5. The Illinois Administrative Procedure Act
24		is amended by changing Section 5-45 as follows:

HB3342 Enrolled - 610 - LRB100 08528 SMS 18653 b
1		(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
2		Sec. 5-45. Emergency rulemaking.
3		(a) "Emergency" means the existence of any situation that
4		any agency finds reasonably constitutes a threat to the public
5		interest, safety, or welfare.
6		(b) If any agency finds that an emergency exists that
7		requires adoption of a rule upon fewer days than is required by
8		Section 5-40 and states in writing its reasons for that
9		finding, the agency may adopt an emergency rule without prior
10		notice or hearing upon filing a notice of emergency rulemaking
11		with the Secretary of State under Section 5-70. The notice
12		shall include the text of the emergency rule and shall be
13		published in the Illinois Register. Consent orders or other
14		court orders adopting settlements negotiated by an agency may
15		be adopted under this Section. Subject to applicable
16		constitutional or statutory provisions, an emergency rule
17		becomes effective immediately upon filing under Section 5-65 or
18		at a stated date less than 10 days thereafter. The agency's
19		finding and a statement of the specific reasons for the finding
20		shall be filed with the rule. The agency shall take reasonable
21		and appropriate measures to make emergency rules known to the
22		persons who may be affected by them.
23		(c) An emergency rule may be effective for a period of not
24		longer than 150 days, but the agency's authority to adopt an
25		identical rule under Section 5-40 is not precluded. No

HB3342 Enrolled - 611 - LRB100 08528 SMS 18653 b
1		emergency rule may be adopted more than once in any 24-month
2		period, except that this limitation on the number of emergency
3		rules that may be adopted in a 24-month period does not apply
4		to (i) emergency rules that make additions to and deletions
5		from the Drug Manual under Section 5-5.16 of the Illinois
6		Public Aid Code or the generic drug formulary under Section
7		3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
8		emergency rules adopted by the Pollution Control Board before
9		July 1, 1997 to implement portions of the Livestock Management
10		Facilities Act, (iii) emergency rules adopted by the Illinois
11		Department of Public Health under subsections (a) through (i)
12		of Section 2 of the Department of Public Health Act when
13		necessary to protect the public's health, (iv) emergency rules
14		adopted pursuant to subsection (n) of this Section, (v)
15		emergency rules adopted pursuant to subsection (o) of this
16		Section, or (vi) emergency rules adopted pursuant to subsection
17		(c-5) of this Section. Two or more emergency rules having
18		substantially the same purpose and effect shall be deemed to be
19		a single rule for purposes of this Section.
20		(c-5) To facilitate the maintenance of the program of group
21		health benefits provided to annuitants, survivors, and retired
22		employees under the State Employees Group Insurance Act of
23		1971, rules to alter the contributions to be paid by the State,
24		annuitants, survivors, retired employees, or any combination
25		of those entities, for that program of group health benefits,
26		shall be adopted as emergency rules. The adoption of those

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1		rules shall be considered an emergency and necessary for the
2		public interest, safety, and welfare.
3		(d) In order to provide for the expeditious and timely
4		implementation of the State's fiscal year 1999 budget,
5		emergency rules to implement any provision of Public Act 90-587
6		or 90-588 or any other budget initiative for fiscal year 1999
7		may be adopted in accordance with this Section by the agency
8		charged with administering that provision or initiative,
9		except that the 24-month limitation on the adoption of
10		emergency rules and the provisions of Sections 5-115 and 5-125
11		do not apply to rules adopted under this subsection (d). The
12		adoption of emergency rules authorized by this subsection (d)
13		shall be deemed to be necessary for the public interest,
14		safety, and welfare.
15		(e) In order to provide for the expeditious and timely
16		implementation of the State's fiscal year 2000 budget,
17		emergency rules to implement any provision of Public Act 91-24
18		or any other budget initiative for fiscal year 2000 may be
19		adopted in accordance with this Section by the agency charged
20		with administering that provision or initiative, except that
21		the 24-month limitation on the adoption of emergency rules and
22		the provisions of Sections 5-115 and 5-125 do not apply to
23		rules adopted under this subsection (e). The adoption of
24		emergency rules authorized by this subsection (e) shall be
25		deemed to be necessary for the public interest, safety, and
26		welfare.

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1		(f) In order to provide for the expeditious and timely
2		implementation of the State's fiscal year 2001 budget,
3		emergency rules to implement any provision of Public Act 91-712
4		or any other budget initiative for fiscal year 2001 may be
5		adopted in accordance with this Section by the agency charged
6		with administering that provision or initiative, except that
7		the 24-month limitation on the adoption of emergency rules and
8		the provisions of Sections 5-115 and 5-125 do not apply to
9		rules adopted under this subsection (f). The adoption of
10		emergency rules authorized by this subsection (f) shall be
11		deemed to be necessary for the public interest, safety, and
12		welfare.
13		(g) In order to provide for the expeditious and timely
14		implementation of the State's fiscal year 2002 budget,
15		emergency rules to implement any provision of Public Act 92-10
16		or any other budget initiative for fiscal year 2002 may be
17		adopted in accordance with this Section by the agency charged
18		with administering that provision or initiative, except that
19		the 24-month limitation on the adoption of emergency rules and
20		the provisions of Sections 5-115 and 5-125 do not apply to
21		rules adopted under this subsection (g). The adoption of
22		emergency rules authorized by this subsection (g) shall be
23		deemed to be necessary for the public interest, safety, and
24		welfare.
25		(h) In order to provide for the expeditious and timely
26		implementation of the State's fiscal year 2003 budget,

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1		emergency rules to implement any provision of Public Act 92-597
2		or any other budget initiative for fiscal year 2003 may be
3		adopted in accordance with this Section by the agency charged
4		with administering that provision or initiative, except that
5		the 24-month limitation on the adoption of emergency rules and
6		the provisions of Sections 5-115 and 5-125 do not apply to
7		rules adopted under this subsection (h). The adoption of
8		emergency rules authorized by this subsection (h) shall be
9		deemed to be necessary for the public interest, safety, and
10		welfare.
11		(i) In order to provide for the expeditious and timely
12		implementation of the State's fiscal year 2004 budget,
13		emergency rules to implement any provision of Public Act 93-20
14		or any other budget initiative for fiscal year 2004 may be
15		adopted in accordance with this Section by the agency charged
16		with administering that provision or initiative, except that
17		the 24-month limitation on the adoption of emergency rules and
18		the provisions of Sections 5-115 and 5-125 do not apply to
19		rules adopted under this subsection (i). The adoption of
20		emergency rules authorized by this subsection (i) shall be
21		deemed to be necessary for the public interest, safety, and
22		welfare.
23		(j) In order to provide for the expeditious and timely
24		implementation of the provisions of the State's fiscal year
25		2005 budget as provided under the Fiscal Year 2005 Budget
26		Implementation (Human Services) Act, emergency rules to

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1		implement any provision of the Fiscal Year 2005 Budget
2		Implementation (Human Services) Act may be adopted in
3		accordance with this Section by the agency charged with
4		administering that provision, except that the 24-month
5		limitation on the adoption of emergency rules and the
6		provisions of Sections 5-115 and 5-125 do not apply to rules
7		adopted under this subsection (j). The Department of Public Aid
8		may also adopt rules under this subsection (j) necessary to
9		administer the Illinois Public Aid Code and the Children's
10		Health Insurance Program Act. The adoption of emergency rules
11		authorized by this subsection (j) shall be deemed to be
12		necessary for the public interest, safety, and welfare.
13		(k) In order to provide for the expeditious and timely
14		implementation of the provisions of the State's fiscal year
15		2006 budget, emergency rules to implement any provision of
16		Public Act 94-48 or any other budget initiative for fiscal year
17		2006 may be adopted in accordance with this Section by the
18		agency charged with administering that provision or
19		initiative, except that the 24-month limitation on the adoption
20		of emergency rules and the provisions of Sections 5-115 and
21		5-125 do not apply to rules adopted under this subsection (k).
22		The Department of Healthcare and Family Services may also adopt
23		rules under this subsection (k) necessary to administer the
24		Illinois Public Aid Code, the Senior Citizens and Persons with
25		Disabilities Property Tax Relief Act, the Senior Citizens and
26		Disabled Persons Prescription Drug Discount Program Act (now

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1		the Illinois Prescription Drug Discount Program Act), and the
2		Children's Health Insurance Program Act. The adoption of
3		emergency rules authorized by this subsection (k) shall be
4		deemed to be necessary for the public interest, safety, and
5		welfare.
6		(l) In order to provide for the expeditious and timely
7		implementation of the provisions of the State's fiscal year
8		2007 budget, the Department of Healthcare and Family Services
9		may adopt emergency rules during fiscal year 2007, including
10		rules effective July 1, 2007, in accordance with this
11		subsection to the extent necessary to administer the
12		Department's responsibilities with respect to amendments to
13		the State plans and Illinois waivers approved by the federal
14		Centers for Medicare and Medicaid Services necessitated by the
15		requirements of Title XIX and Title XXI of the federal Social
16		Security Act. The adoption of emergency rules authorized by
17		this subsection (l) shall be deemed to be necessary for the
18		public interest, safety, and welfare.
19		(m) In order to provide for the expeditious and timely
20		implementation of the provisions of the State's fiscal year
21		2008 budget, the Department of Healthcare and Family Services
22		may adopt emergency rules during fiscal year 2008, including
23		rules effective July 1, 2008, in accordance with this
24		subsection to the extent necessary to administer the
25		Department's responsibilities with respect to amendments to
26		the State plans and Illinois waivers approved by the federal

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1		Centers for Medicare and Medicaid Services necessitated by the
2		requirements of Title XIX and Title XXI of the federal Social
3		Security Act. The adoption of emergency rules authorized by
4		this subsection (m) shall be deemed to be necessary for the
5		public interest, safety, and welfare.
6		(n) In order to provide for the expeditious and timely
7		implementation of the provisions of the State's fiscal year
8		2010 budget, emergency rules to implement any provision of
9		Public Act 96-45 or any other budget initiative authorized by
10		the 96th General Assembly for fiscal year 2010 may be adopted
11		in accordance with this Section by the agency charged with
12		administering that provision or initiative. The adoption of
13		emergency rules authorized by this subsection (n) shall be
14		deemed to be necessary for the public interest, safety, and
15		welfare. The rulemaking authority granted in this subsection
16		(n) shall apply only to rules promulgated during Fiscal Year
17		2010.
18		(o) In order to provide for the expeditious and timely
19		implementation of the provisions of the State's fiscal year
20		2011 budget, emergency rules to implement any provision of
21		Public Act 96-958 or any other budget initiative authorized by
22		the 96th General Assembly for fiscal year 2011 may be adopted
23		in accordance with this Section by the agency charged with
24		administering that provision or initiative. The adoption of
25		emergency rules authorized by this subsection (o) is deemed to
26		be necessary for the public interest, safety, and welfare. The

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1		rulemaking authority granted in this subsection (o) applies
2		only to rules promulgated on or after July 1, 2010 (the
3		effective date of Public Act 96-958) through June 30, 2011.
4		(p) In order to provide for the expeditious and timely
5		implementation of the provisions of Public Act 97-689,
6		emergency rules to implement any provision of Public Act 97-689
7		may be adopted in accordance with this subsection (p) by the
8		agency charged with administering that provision or
9		initiative. The 150-day limitation of the effective period of
10		emergency rules does not apply to rules adopted under this
11		subsection (p), and the effective period may continue through
12		June 30, 2013. The 24-month limitation on the adoption of
13		emergency rules does not apply to rules adopted under this
14		subsection (p). The adoption of emergency rules authorized by
15		this subsection (p) is deemed to be necessary for the public
16		interest, safety, and welfare.
17		(q) In order to provide for the expeditious and timely
18		implementation of the provisions of Articles 7, 8, 9, 11, and
19		12 of Public Act 98-104, emergency rules to implement any
20		provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
21		may be adopted in accordance with this subsection (q) by the
22		agency charged with administering that provision or
23		initiative. The 24-month limitation on the adoption of
24		emergency rules does not apply to rules adopted under this
25		subsection (q). The adoption of emergency rules authorized by
26		this subsection (q) is deemed to be necessary for the public

HB3342 Enrolled - 619 - LRB100 08528 SMS 18653 b
1		interest, safety, and welfare.
2		(r) In order to provide for the expeditious and timely
3		implementation of the provisions of Public Act 98-651,
4		emergency rules to implement Public Act 98-651 may be adopted
5		in accordance with this subsection (r) by the Department of
6		Healthcare and Family Services. The 24-month limitation on the
7		adoption of emergency rules does not apply to rules adopted
8		under this subsection (r). The adoption of emergency rules
9		authorized by this subsection (r) is deemed to be necessary for
10		the public interest, safety, and welfare.
11		(s) In order to provide for the expeditious and timely
12		implementation of the provisions of Sections 5-5b.1 and 5A-2 of
13		the Illinois Public Aid Code, emergency rules to implement any
14		provision of Section 5-5b.1 or Section 5A-2 of the Illinois
15		Public Aid Code may be adopted in accordance with this
16		subsection (s) by the Department of Healthcare and Family
17		Services. The rulemaking authority granted in this subsection
18		(s) shall apply only to those rules adopted prior to July 1,
19		2015. Notwithstanding any other provision of this Section, any
20		emergency rule adopted under this subsection (s) shall only
21		apply to payments made for State fiscal year 2015. The adoption
22		of emergency rules authorized by this subsection (s) is deemed
23		to be necessary for the public interest, safety, and welfare.
24		(t) In order to provide for the expeditious and timely
25		implementation of the provisions of Article II of Public Act
26		99-6, emergency rules to implement the changes made by Article

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1		II of Public Act 99-6 to the Emergency Telephone System Act may
2		be adopted in accordance with this subsection (t) by the
3		Department of State Police. The rulemaking authority granted in
4		this subsection (t) shall apply only to those rules adopted
5		prior to July 1, 2016. The 24-month limitation on the adoption
6		of emergency rules does not apply to rules adopted under this
7		subsection (t). The adoption of emergency rules authorized by
8		this subsection (t) is deemed to be necessary for the public
9		interest, safety, and welfare.
10		(u) In order to provide for the expeditious and timely
11		implementation of the provisions of the Burn Victims Relief
12		Act, emergency rules to implement any provision of the Act may
13		be adopted in accordance with this subsection (u) by the
14		Department of Insurance. The rulemaking authority granted in
15		this subsection (u) shall apply only to those rules adopted
16		prior to December 31, 2015. The adoption of emergency rules
17		authorized by this subsection (u) is deemed to be necessary for
18		the public interest, safety, and welfare.
19		(v) In order to provide for the expeditious and timely
20		implementation of the provisions of Public Act 99-516,
21		emergency rules to implement Public Act 99-516 may be adopted
22		in accordance with this subsection (v) by the Department of
23		Healthcare and Family Services. The 24-month limitation on the
24		adoption of emergency rules does not apply to rules adopted
25		under this subsection (v). The adoption of emergency rules
26		authorized by this subsection (v) is deemed to be necessary for

HB3342 Enrolled - 621 - LRB100 08528 SMS 18653 b
1		the public interest, safety, and welfare.
2		(w) In order to provide for the expeditious and timely
3		implementation of the provisions of Public Act 99-796,
4		emergency rules to implement the changes made by Public Act
5		99-796 may be adopted in accordance with this subsection (w) by
6		the Adjutant General. The adoption of emergency rules
7		authorized by this subsection (w) is deemed to be necessary for
8		the public interest, safety, and welfare.
9		(x) In order to provide for the expeditious and timely
10		implementation of the provisions of Public Act 99-906,
11		emergency rules to implement subsection (i) of Section 16-115D,
12		subsection (g) of Section 16-128A, and subsection (a) of
13		Section 16-128B of the Public Utilities Act may be adopted in
14		accordance with this subsection (x) by the Illinois Commerce
15		Commission. The rulemaking authority granted in this
16		subsection (x) shall apply only to those rules adopted within
17		180 days after June 1, 2017 (the effective date of Public Act
18		99-906). The adoption of emergency rules authorized by this
19		subsection (x) is deemed to be necessary for the public
20		interest, safety, and welfare.
21		(y) In order to provide for the expeditious and timely
22		implementation of the provisions of this amendatory Act of the
23		100th General Assembly, emergency rules to implement the
24		changes made by this amendatory Act of the 100th General
25		Assembly to Section 4.02 of the Illinois Act on Aging, Sections
26		5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30

HB3342 Enrolled - 622 - LRB100 08528 SMS 18653 b
1		of the Alcoholism and Other Drug Abuse and Dependency Act, and
2		Sections 74 and 75 of the Mental Health and Developmental
3		Disabilities Administrative Act may be adopted in accordance
4		with this subsection (y) by the respective Department. The
5		adoption of emergency rules authorized by this subsection (y)
6		is deemed to be necessary for the public interest, safety, and
7		welfare.
8		(z) In order to provide for the expeditious and timely
9		implementation of the provisions of this amendatory Act of the
10		100th General Assembly, emergency rules to implement the
11		changes made by this amendatory Act of the 100th General
12		Assembly to Section 4.7 of the Lobbyist Registration Act may be
13		adopted in accordance with this subsection (z) by the Secretary
14		of State. The adoption of emergency rules authorized by this
15		subsection (z) is deemed to be necessary for the public
16		interest, safety, and welfare.
17		(aa) In order to provide for the expeditious and timely
18		initial implementation of the changes made to Articles 5, 5A,
19		12, and 14 of the Illinois Public Aid Code under the provisions
20		of this amendatory Act of the 100th General Assembly, the
21		Department of Healthcare and Family Services may adopt
22		emergency rules in accordance with this subsection (aa). The
23		24-month limitation on the adoption of emergency rules does not
24		apply to rules to initially implement the changes made to
25		Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
26		adopted under this subsection (aa). The adoption of emergency

HB3342 Enrolled - 623 - LRB100 08528 SMS 18653 b
1		rules authorized by this subsection (aa) is deemed to be
2		necessary for the public interest, safety, and welfare.
3		(bb) In order to provide for the expeditious and timely
4		implementation of the provisions of this amendatory Act of the
5		100th General Assembly, emergency rules may be adopted in
6		accordance with this subsection (bb) to implement the changes
7		made by this amendatory Act of the 100th General Assembly to:
8		Sections 14-147.5 and 14-147.6 of the Illinois Pension Code by
9		the Board created under Article 14 of the Code; Sections
10		15-185.5 and 15-185.6 of the Illinois Pension Code by the Board
11		created under Article 15 of the Code; and Sections 16-190.5 and
12		16-190.6 of the Illinois Pension Code by the Board created
13		under Article 16 of the Code. The adoption of emergency rules
14		authorized by this subsection (bb) is deemed to be necessary
15		for the public interest, safety, and welfare.
16		(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
17		eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
18		99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
19		100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
20		3-12-18.)
21		Section 110-10. The State Employees Group Insurance Act of
22		1971 is amended by changing Sections 3 and 10 as follows:
23		(5 ILCS 375/3) (from Ch. 127, par. 523)
24		Sec. 3. Definitions. Unless the context otherwise

HB3342 Enrolled - 624 - LRB100 08528 SMS 18653 b
1		requires, the following words and phrases as used in this Act
2		shall have the following meanings. The Department may define
3		these and other words and phrases separately for the purpose of
4		implementing specific programs providing benefits under this
5		Act.
6		(a) "Administrative service organization" means any
7		person, firm or corporation experienced in the handling of
8		claims which is fully qualified, financially sound and capable
9		of meeting the service requirements of a contract of
10		administration executed with the Department.
11		(b) "Annuitant" means (1) an employee who retires, or has
12		retired, on or after January 1, 1966 on an immediate annuity
13		under the provisions of Articles 2, 14 (including an employee
14		who has elected to receive an alternative retirement
15		cancellation payment under Section 14-108.5 of the Illinois
16		Pension Code in lieu of an annuity or who meets the criteria
17		for retirement, but in lieu of receiving an annuity under that
18		Article has elected to receive an accelerated pension benefit
19		payment under Section 14-147.5 of that Article), 15 (including
20		an employee who has retired under the optional retirement
21		program established under Section 15-158.2 or who meets the
22		criteria for retirement but in lieu of receiving an annuity
23		under that Article has elected to receive an accelerated
24		pension benefit payment under Section 15-185.5 of the Article),
25		paragraphs (2), (3), or (5) of Section 16-106 (including an
26		employee who meets the criteria for retirement, but in lieu of

HB3342 Enrolled - 625 - LRB100 08528 SMS 18653 b
1		receiving an annuity under that Article has elected to receive
2		an accelerated pension benefit payment under Section 16-190.5
3		of the Illinois Pension Code), or Article 18 of the Illinois
4		Pension Code; (2) any person who was receiving group insurance
5		coverage under this Act as of March 31, 1978 by reason of his
6		status as an annuitant, even though the annuity in relation to
7		which such coverage was provided is a proportional annuity
8		based on less than the minimum period of service required for a
9		retirement annuity in the system involved; (3) any person not
10		otherwise covered by this Act who has retired as a
11		participating member under Article 2 of the Illinois Pension
12		Code but is ineligible for the retirement annuity under Section
13		2-119 of the Illinois Pension Code; (4) the spouse of any
14		person who is receiving a retirement annuity under Article 18
15		of the Illinois Pension Code and who is covered under a group
16		health insurance program sponsored by a governmental employer
17		other than the State of Illinois and who has irrevocably
18		elected to waive his or her coverage under this Act and to have
19		his or her spouse considered as the "annuitant" under this Act
20		and not as a "dependent"; or (5) an employee who retires, or
21		has retired, from a qualified position, as determined according
22		to rules promulgated by the Director, under a qualified local
23		government, a qualified rehabilitation facility, a qualified
24		domestic violence shelter or service, or a qualified child
25		advocacy center. (For definition of "retired employee", see (p)
26		post).

HB3342 Enrolled - 626 - LRB100 08528 SMS 18653 b
1		(b-5) (Blank).
2		(b-6) (Blank).
3		(b-7) (Blank).
4		(c) "Carrier" means (1) an insurance company, a corporation
5		organized under the Limited Health Service Organization Act or
6		the Voluntary Health Services Plan Act, a partnership, or other
7		nongovernmental organization, which is authorized to do group
8		life or group health insurance business in Illinois, or (2) the
9		State of Illinois as a self-insurer.
10		(d) "Compensation" means salary or wages payable on a
11		regular payroll by the State Treasurer on a warrant of the
12		State Comptroller out of any State, trust or federal fund, or
13		by the Governor of the State through a disbursing officer of
14		the State out of a trust or out of federal funds, or by any
15		Department out of State, trust, federal or other funds held by
16		the State Treasurer or the Department, to any person for
17		personal services currently performed, and ordinary or
18		accidental disability benefits under Articles 2, 14, 15
19		(including ordinary or accidental disability benefits under
20		the optional retirement program established under Section
21		15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
22		Article 18 of the Illinois Pension Code, for disability
23		incurred after January 1, 1966, or benefits payable under the
24		Workers' Compensation or Occupational Diseases Act or benefits
25		payable under a sick pay plan established in accordance with
26		Section 36 of the State Finance Act. "Compensation" also means

HB3342 Enrolled - 627 - LRB100 08528 SMS 18653 b
1		salary or wages paid to an employee of any qualified local
2		government, qualified rehabilitation facility, qualified
3		domestic violence shelter or service, or qualified child
4		advocacy center.
5		(e) "Commission" means the State Employees Group Insurance
6		Advisory Commission authorized by this Act. Commencing July 1,
7		1984, "Commission" as used in this Act means the Commission on
8		Government Forecasting and Accountability as established by
9		the Legislative Commission Reorganization Act of 1984.
10		(f) "Contributory", when referred to as contributory
11		coverage, shall mean optional coverages or benefits elected by
12		the member toward the cost of which such member makes
13		contribution, or which are funded in whole or in part through
14		the acceptance of a reduction in earnings or the foregoing of
15		an increase in earnings by an employee, as distinguished from
16		noncontributory coverage or benefits which are paid entirely by
17		the State of Illinois without reduction of the member's salary.
18		(g) "Department" means any department, institution, board,
19		commission, officer, court or any agency of the State
20		government receiving appropriations and having power to
21		certify payrolls to the Comptroller authorizing payments of
22		salary and wages against such appropriations as are made by the
23		General Assembly from any State fund, or against trust funds
24		held by the State Treasurer and includes boards of trustees of
25		the retirement systems created by Articles 2, 14, 15, 16 and 18
26		of the Illinois Pension Code. "Department" also includes the

HB3342 Enrolled - 628 - LRB100 08528 SMS 18653 b
1		Illinois Comprehensive Health Insurance Board, the Board of
2		Examiners established under the Illinois Public Accounting
3		Act, and the Illinois Finance Authority.
4		(h) "Dependent", when the term is used in the context of
5		the health and life plan, means a member's spouse and any child
6		(1) from birth to age 26 including an adopted child, a child
7		who lives with the member from the time of the placement for
8		adoption until entry of an order of adoption, a stepchild or
9		adjudicated child, or a child who lives with the member if such
10		member is a court appointed guardian of the child or (2) age 19
11		or over who has a mental or physical disability from a cause
12		originating prior to the age of 19 (age 26 if enrolled as an
13		adult child dependent). For the health plan only, the term
14		"dependent" also includes (1) any person enrolled prior to the
15		effective date of this Section who is dependent upon the member
16		to the extent that the member may claim such person as a
17		dependent for income tax deduction purposes and (2) any person
18		who has received after June 30, 2000 an organ transplant and
19		who is financially dependent upon the member and eligible to be
20		claimed as a dependent for income tax purposes. A member
21		requesting to cover any dependent must provide documentation as
22		requested by the Department of Central Management Services and
23		file with the Department any and all forms required by the
24		Department.
25		(i) "Director" means the Director of the Illinois
26		Department of Central Management Services.

HB3342 Enrolled - 629 - LRB100 08528 SMS 18653 b
1		(j) "Eligibility period" means the period of time a member
2		has to elect enrollment in programs or to select benefits
3		without regard to age, sex or health.
4		(k) "Employee" means and includes each officer or employee
5		in the service of a department who (1) receives his
6		compensation for service rendered to the department on a
7		warrant issued pursuant to a payroll certified by a department
8		or on a warrant or check issued and drawn by a department upon
9		a trust, federal or other fund or on a warrant issued pursuant
10		to a payroll certified by an elected or duly appointed officer
11		of the State or who receives payment of the performance of
12		personal services on a warrant issued pursuant to a payroll
13		certified by a Department and drawn by the Comptroller upon the
14		State Treasurer against appropriations made by the General
15		Assembly from any fund or against trust funds held by the State
16		Treasurer, and (2) is employed full-time or part-time in a
17		position normally requiring actual performance of duty during
18		not less than 1/2 of a normal work period, as established by
19		the Director in cooperation with each department, except that
20		persons elected by popular vote will be considered employees
21		during the entire term for which they are elected regardless of
22		hours devoted to the service of the State, and (3) except that
23		"employee" does not include any person who is not eligible by
24		reason of such person's employment to participate in one of the
25		State retirement systems under Articles 2, 14, 15 (either the
26		regular Article 15 system or the optional retirement program

HB3342 Enrolled - 630 - LRB100 08528 SMS 18653 b
1		established under Section 15-158.2) or 18, or under paragraph
2		(2), (3), or (5) of Section 16-106, of the Illinois Pension
3		Code, but such term does include persons who are employed
4		during the 6 month qualifying period under Article 14 of the
5		Illinois Pension Code. Such term also includes any person who
6		(1) after January 1, 1966, is receiving ordinary or accidental
7		disability benefits under Articles 2, 14, 15 (including
8		ordinary or accidental disability benefits under the optional
9		retirement program established under Section 15-158.2),
10		paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
11		the Illinois Pension Code, for disability incurred after
12		January 1, 1966, (2) receives total permanent or total
13		temporary disability under the Workers' Compensation Act or
14		Occupational Disease Act as a result of injuries sustained or
15		illness contracted in the course of employment with the State
16		of Illinois, or (3) is not otherwise covered under this Act and
17		has retired as a participating member under Article 2 of the
18		Illinois Pension Code but is ineligible for the retirement
19		annuity under Section 2-119 of the Illinois Pension Code.
20		However, a person who satisfies the criteria of the foregoing
21		definition of "employee" except that such person is made
22		ineligible to participate in the State Universities Retirement
23		System by clause (4) of subsection (a) of Section 15-107 of the
24		Illinois Pension Code is also an "employee" for the purposes of
25		this Act. "Employee" also includes any person receiving or
26		eligible for benefits under a sick pay plan established in

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1		accordance with Section 36 of the State Finance Act. "Employee"
2		also includes (i) each officer or employee in the service of a
3		qualified local government, including persons appointed as
4		trustees of sanitary districts regardless of hours devoted to
5		the service of the sanitary district, (ii) each employee in the
6		service of a qualified rehabilitation facility, (iii) each
7		full-time employee in the service of a qualified domestic
8		violence shelter or service, and (iv) each full-time employee
9		in the service of a qualified child advocacy center, as
10		determined according to rules promulgated by the Director.
11		(l) "Member" means an employee, annuitant, retired
12		employee or survivor. In the case of an annuitant or retired
13		employee who first becomes an annuitant or retired employee on
14		or after the effective date of this amendatory Act of the 97th
15		General Assembly, the individual must meet the minimum vesting
16		requirements of the applicable retirement system in order to be
17		eligible for group insurance benefits under that system. In the
18		case of a survivor who first becomes a survivor on or after the
19		effective date of this amendatory Act of the 97th General
20		Assembly, the deceased employee, annuitant, or retired
21		employee upon whom the annuity is based must have been eligible
22		to participate in the group insurance system under the
23		applicable retirement system in order for the survivor to be
24		eligible for group insurance benefits under that system.
25		(m) "Optional coverages or benefits" means those coverages
26		or benefits available to the member on his or her voluntary

HB3342 Enrolled - 632 - LRB100 08528 SMS 18653 b
1		election, and at his or her own expense.
2		(n) "Program" means the group life insurance, health
3		benefits and other employee benefits designed and contracted
4		for by the Director under this Act.
5		(o) "Health plan" means a health benefits program offered
6		by the State of Illinois for persons eligible for the plan.
7		(p) "Retired employee" means any person who would be an
8		annuitant as that term is defined herein but for the fact that
9		such person retired prior to January 1, 1966. Such term also
10		includes any person formerly employed by the University of
11		Illinois in the Cooperative Extension Service who would be an
12		annuitant but for the fact that such person was made ineligible
13		to participate in the State Universities Retirement System by
14		clause (4) of subsection (a) of Section 15-107 of the Illinois
15		Pension Code.
16		(q) "Survivor" means a person receiving an annuity as a
17		survivor of an employee or of an annuitant. "Survivor" also
18		includes: (1) the surviving dependent of a person who satisfies
19		the definition of "employee" except that such person is made
20		ineligible to participate in the State Universities Retirement
21		System by clause (4) of subsection (a) of Section 15-107 of the
22		Illinois Pension Code; (2) the surviving dependent of any
23		person formerly employed by the University of Illinois in the
24		Cooperative Extension Service who would be an annuitant except
25		for the fact that such person was made ineligible to
26		participate in the State Universities Retirement System by

HB3342 Enrolled - 633 - LRB100 08528 SMS 18653 b
1		clause (4) of subsection (a) of Section 15-107 of the Illinois
2		Pension Code; and (3) the surviving dependent of a person who
3		was an annuitant under this Act by virtue of receiving an
4		alternative retirement cancellation payment under Section
5		14-108.5 of the Illinois Pension Code.
6		(q-2) "SERS" means the State Employees' Retirement System
7		of Illinois, created under Article 14 of the Illinois Pension
8		Code.
9		(q-3) "SURS" means the State Universities Retirement
10		System, created under Article 15 of the Illinois Pension Code.
11		(q-4) "TRS" means the Teachers' Retirement System of the
12		State of Illinois, created under Article 16 of the Illinois
13		Pension Code.
14		(q-5) (Blank).
15		(q-6) (Blank).
16		(q-7) (Blank).
17		(r) "Medical services" means the services provided within
18		the scope of their licenses by practitioners in all categories
19		licensed under the Medical Practice Act of 1987.
20		(s) "Unit of local government" means any county,
21		municipality, township, school district (including a
22		combination of school districts under the Intergovernmental
23		Cooperation Act), special district or other unit, designated as
24		a unit of local government by law, which exercises limited
25		governmental powers or powers in respect to limited
26		governmental subjects, any not-for-profit association with a

HB3342 Enrolled - 634 - LRB100 08528 SMS 18653 b
1		membership that primarily includes townships and township
2		officials, that has duties that include provision of research
3		service, dissemination of information, and other acts for the
4		purpose of improving township government, and that is funded
5		wholly or partly in accordance with Section 85-15 of the
6		Township Code; any not-for-profit corporation or association,
7		with a membership consisting primarily of municipalities, that
8		operates its own utility system, and provides research,
9		training, dissemination of information, or other acts to
10		promote cooperation between and among municipalities that
11		provide utility services and for the advancement of the goals
12		and purposes of its membership; the Southern Illinois
13		Collegiate Common Market, which is a consortium of higher
14		education institutions in Southern Illinois; the Illinois
15		Association of Park Districts; and any hospital provider that
16		is owned by a county that has 100 or fewer hospital beds and
17		has not already joined the program. "Qualified local
18		government" means a unit of local government approved by the
19		Director and participating in a program created under
20		subsection (i) of Section 10 of this Act.
21		(t) "Qualified rehabilitation facility" means any
22		not-for-profit organization that is accredited by the
23		Commission on Accreditation of Rehabilitation Facilities or
24		certified by the Department of Human Services (as successor to
25		the Department of Mental Health and Developmental
26		Disabilities) to provide services to persons with disabilities

HB3342 Enrolled - 635 - LRB100 08528 SMS 18653 b
1		and which receives funds from the State of Illinois for
2		providing those services, approved by the Director and
3		participating in a program created under subsection (j) of
4		Section 10 of this Act.
5		(u) "Qualified domestic violence shelter or service" means
6		any Illinois domestic violence shelter or service and its
7		administrative offices funded by the Department of Human
8		Services (as successor to the Illinois Department of Public
9		Aid), approved by the Director and participating in a program
10		created under subsection (k) of Section 10.
11		(v) "TRS benefit recipient" means a person who:
12		(1) is not a "member" as defined in this Section; and
13		(2) is receiving a monthly benefit or retirement
14		annuity under Article 16 of the Illinois Pension Code; and
15		(3) either (i) has at least 8 years of creditable
16		service under Article 16 of the Illinois Pension Code, or
17		(ii) was enrolled in the health insurance program offered
18		under that Article on January 1, 1996, or (iii) is the
19		survivor of a benefit recipient who had at least 8 years of
20		creditable service under Article 16 of the Illinois Pension
21		Code or was enrolled in the health insurance program
22		offered under that Article on the effective date of this
23		amendatory Act of 1995, or (iv) is a recipient or survivor
24		of a recipient of a disability benefit under Article 16 of
25		the Illinois Pension Code.
26		(w) "TRS dependent beneficiary" means a person who:

HB3342 Enrolled - 636 - LRB100 08528 SMS 18653 b
1		(1) is not a "member" or "dependent" as defined in this
2		Section; and
3		(2) is a TRS benefit recipient's: (A) spouse, (B)
4		dependent parent who is receiving at least half of his or
5		her support from the TRS benefit recipient, or (C) natural,
6		step, adjudicated, or adopted child who is (i) under age
7		26, (ii) was, on January 1, 1996, participating as a
8		dependent beneficiary in the health insurance program
9		offered under Article 16 of the Illinois Pension Code, or
10		(iii) age 19 or over who has a mental or physical
11		disability from a cause originating prior to the age of 19
12		(age 26 if enrolled as an adult child).
13		"TRS dependent beneficiary" does not include, as indicated
14		under paragraph (2) of this subsection (w), a dependent of the
15		survivor of a TRS benefit recipient who first becomes a
16		dependent of a survivor of a TRS benefit recipient on or after
17		the effective date of this amendatory Act of the 97th General
18		Assembly unless that dependent would have been eligible for
19		coverage as a dependent of the deceased TRS benefit recipient
20		upon whom the survivor benefit is based.
21		(x) "Military leave" refers to individuals in basic
22		training for reserves, special/advanced training, annual
23		training, emergency call up, activation by the President of the
24		United States, or any other training or duty in service to the
25		United States Armed Forces.
26		(y) (Blank).

HB3342 Enrolled - 637 - LRB100 08528 SMS 18653 b
1		(z) "Community college benefit recipient" means a person
2		who:
3		(1) is not a "member" as defined in this Section; and
4		(2) is receiving a monthly survivor's annuity or
5		retirement annuity under Article 15 of the Illinois Pension
6		Code; and
7		(3) either (i) was a full-time employee of a community
8		college district or an association of community college
9		boards created under the Public Community College Act
10		(other than an employee whose last employer under Article
11		15 of the Illinois Pension Code was a community college
12		district subject to Article VII of the Public Community
13		College Act) and was eligible to participate in a group
14		health benefit plan as an employee during the time of
15		employment with a community college district (other than a
16		community college district subject to Article VII of the
17		Public Community College Act) or an association of
18		community college boards, or (ii) is the survivor of a
19		person described in item (i).
20		(aa) "Community college dependent beneficiary" means a
21		person who:
22		(1) is not a "member" or "dependent" as defined in this
23		Section; and
24		(2) is a community college benefit recipient's: (A)
25		spouse, (B) dependent parent who is receiving at least half
26		of his or her support from the community college benefit

HB3342 Enrolled - 638 - LRB100 08528 SMS 18653 b
1		recipient, or (C) natural, step, adjudicated, or adopted
2		child who is (i) under age 26, or (ii) age 19 or over and
3		has a mental or physical disability from a cause
4		originating prior to the age of 19 (age 26 if enrolled as
5		an adult child).
6		"Community college dependent beneficiary" does not
7		include, as indicated under paragraph (2) of this subsection
8		(aa), a dependent of the survivor of a community college
9		benefit recipient who first becomes a dependent of a survivor
10		of a community college benefit recipient on or after the
11		effective date of this amendatory Act of the 97th General
12		Assembly unless that dependent would have been eligible for
13		coverage as a dependent of the deceased community college
14		benefit recipient upon whom the survivor annuity is based.
15		(bb) "Qualified child advocacy center" means any Illinois
16		child advocacy center and its administrative offices funded by
17		the Department of Children and Family Services, as defined by
18		the Children's Advocacy Center Act (55 ILCS 80/), approved by
19		the Director and participating in a program created under
20		subsection (n) of Section 10.
21		(cc) "Placement for adoption" means the assumption and
22		retention by a member of a legal obligation for total or
23		partial support of a child in anticipation of adoption of the
24		child. The child's placement with the member terminates upon
25		the termination of such legal obligation.
26		(Source: P.A. 99-143, eff. 7-27-15; 100-355, eff. 1-1-18.)

HB3342 Enrolled - 639 - LRB100 08528 SMS 18653 b
1		(5 ILCS 375/10) (from Ch. 127, par. 530)
2		Sec. 10. Contributions by the State and members.
3		(a) The State shall pay the cost of basic non-contributory
4		group life insurance and, subject to member paid contributions
5		set by the Department or required by this Section and except as
6		provided in this Section, the basic program of group health
7		benefits on each eligible member, except a member, not
8		otherwise covered by this Act, who has retired as a
9		participating member under Article 2 of the Illinois Pension
10		Code but is ineligible for the retirement annuity under Section
11		2-119 of the Illinois Pension Code, and part of each eligible
12		member's and retired member's premiums for health insurance
13		coverage for enrolled dependents as provided by Section 9. The
14		State shall pay the cost of the basic program of group health
15		benefits only after benefits are reduced by the amount of
16		benefits covered by Medicare for all members and dependents who
17		are eligible for benefits under Social Security or the Railroad
18		Retirement system or who had sufficient Medicare-covered
19		government employment, except that such reduction in benefits
20		shall apply only to those members and dependents who (1) first
21		become eligible for such Medicare coverage on or after July 1,
22		1992; or (2) are Medicare-eligible members or dependents of a
23		local government unit which began participation in the program
24		on or after July 1, 1992; or (3) remain eligible for, but no
25		longer receive Medicare coverage which they had been receiving

HB3342 Enrolled - 640 - LRB100 08528 SMS 18653 b
1		on or after July 1, 1992. The Department may determine the
2		aggregate level of the State's contribution on the basis of
3		actual cost of medical services adjusted for age, sex or
4		geographic or other demographic characteristics which affect
5		the costs of such programs.
6		The cost of participation in the basic program of group
7		health benefits for the dependent or survivor of a living or
8		deceased retired employee who was formerly employed by the
9		University of Illinois in the Cooperative Extension Service and
10		would be an annuitant but for the fact that he or she was made
11		ineligible to participate in the State Universities Retirement
12		System by clause (4) of subsection (a) of Section 15-107 of the
13		Illinois Pension Code shall not be greater than the cost of
14		participation that would otherwise apply to that dependent or
15		survivor if he or she were the dependent or survivor of an
16		annuitant under the State Universities Retirement System.
17		(a-1) (Blank).
18		(a-2) (Blank).
19		(a-3) (Blank).
20		(a-4) (Blank).
21		(a-5) (Blank).
22		(a-6) (Blank).
23		(a-7) (Blank).
24		(a-8) Any annuitant, survivor, or retired employee may
25		waive or terminate coverage in the program of group health
26		benefits. Any such annuitant, survivor, or retired employee who

HB3342 Enrolled - 641 - LRB100 08528 SMS 18653 b
1		has waived or terminated coverage may enroll or re-enroll in
2		the program of group health benefits only during the annual
3		benefit choice period, as determined by the Director; except
4		that in the event of termination of coverage due to nonpayment
5		of premiums, the annuitant, survivor, or retired employee may
6		not re-enroll in the program.
7		(a-8.5) Beginning on the effective date of this amendatory
8		Act of the 97th General Assembly, the Director of Central
9		Management Services shall, on an annual basis, determine the
10		amount that the State shall contribute toward the basic program
11		of group health benefits on behalf of annuitants (including
12		individuals who (i) participated in the General Assembly
13		Retirement System, the State Employees' Retirement System of
14		Illinois, the State Universities Retirement System, the
15		Teachers' Retirement System of the State of Illinois, or the
16		Judges Retirement System of Illinois and (ii) qualify as
17		annuitants under subsection (b) of Section 3 of this Act),
18		survivors (including individuals who (i) receive an annuity as
19		a survivor of an individual who participated in the General
20		Assembly Retirement System, the State Employees' Retirement
21		System of Illinois, the State Universities Retirement System,
22		the Teachers' Retirement System of the State of Illinois, or
23		the Judges Retirement System of Illinois and (ii) qualify as
24		survivors under subsection (q) of Section 3 of this Act), and
25		retired employees (as defined in subsection (p) of Section 3 of
26		this Act). The remainder of the cost of coverage for each

HB3342 Enrolled - 642 - LRB100 08528 SMS 18653 b
1		annuitant, survivor, or retired employee, as determined by the
2		Director of Central Management Services, shall be the
3		responsibility of that annuitant, survivor, or retired
4		employee.
5		Contributions required of annuitants, survivors, and
6		retired employees shall be the same for all retirement systems
7		and shall also be based on whether an individual has made an
8		election under Section 15-135.1 of the Illinois Pension Code.
9		Contributions may be based on annuitants', survivors', or
10		retired employees' Medicare eligibility, but may not be based
11		on Social Security eligibility.
12		(a-9) No later than May 1 of each calendar year, the
13		Director of Central Management Services shall certify in
14		writing to the Executive Secretary of the State Employees'
15		Retirement System of Illinois the amounts of the Medicare
16		supplement health care premiums and the amounts of the health
17		care premiums for all other retirees who are not Medicare
18		eligible.
19		A separate calculation of the premiums based upon the
20		actual cost of each health care plan shall be so certified.
21		The Director of Central Management Services shall provide
22		to the Executive Secretary of the State Employees' Retirement
23		System of Illinois such information, statistics, and other data
24		as he or she may require to review the premium amounts
25		certified by the Director of Central Management Services.
26		The Department of Central Management Services, or any

HB3342 Enrolled - 643 - LRB100 08528 SMS 18653 b
1		successor agency designated to procure healthcare contracts
2		pursuant to this Act, is authorized to establish funds,
3		separate accounts provided by any bank or banks as defined by
4		the Illinois Banking Act, or separate accounts provided by any
5		savings and loan association or associations as defined by the
6		Illinois Savings and Loan Act of 1985 to be held by the
7		Director, outside the State treasury, for the purpose of
8		receiving the transfer of moneys from the Local Government
9		Health Insurance Reserve Fund. The Department may promulgate
10		rules further defining the methodology for the transfers. Any
11		interest earned by moneys in the funds or accounts shall inure
12		to the Local Government Health Insurance Reserve Fund. The
13		transferred moneys, and interest accrued thereon, shall be used
14		exclusively for transfers to administrative service
15		organizations or their financial institutions for payments of
16		claims to claimants and providers under the self-insurance
17		health plan. The transferred moneys, and interest accrued
18		thereon, shall not be used for any other purpose including, but
19		not limited to, reimbursement of administration fees due the
20		administrative service organization pursuant to its contract
21		or contracts with the Department.
22		(a-10) To the extent that participation, benefits, or
23		premiums under this Act are based on a person's service credit
24		under an Article of the Illinois Pension Code, service credit
25		terminated in exchange for an accelerated pension benefit
26		payment under Section 14-147.5, 15-185.5, or 16-190.5 of that

HB3342 Enrolled - 644 - LRB100 08528 SMS 18653 b
1		Code shall be included in determining a person's service credit
2		for the purposes of this Act.
3		(b) State employees who become eligible for this program on
4		or after January 1, 1980 in positions normally requiring actual
5		performance of duty not less than 1/2 of a normal work period
6		but not equal to that of a normal work period, shall be given
7		the option of participating in the available program. If the
8		employee elects coverage, the State shall contribute on behalf
9		of such employee to the cost of the employee's benefit and any
10		applicable dependent supplement, that sum which bears the same
11		percentage as that percentage of time the employee regularly
12		works when compared to normal work period.
13		(c) The basic non-contributory coverage from the basic
14		program of group health benefits shall be continued for each
15		employee not in pay status or on active service by reason of
16		(1) leave of absence due to illness or injury, (2) authorized
17		educational leave of absence or sabbatical leave, or (3)
18		military leave. This coverage shall continue until expiration
19		of authorized leave and return to active service, but not to
20		exceed 24 months for leaves under item (1) or (2). This
21		24-month limitation and the requirement of returning to active
22		service shall not apply to persons receiving ordinary or
23		accidental disability benefits or retirement benefits through
24		the appropriate State retirement system or benefits under the
25		Workers' Compensation or Occupational Disease Act.
26		(d) The basic group life insurance coverage shall continue,

HB3342 Enrolled - 645 - LRB100 08528 SMS 18653 b
1		with full State contribution, where such person is (1) absent
2		from active service by reason of disability arising from any
3		cause other than self-inflicted, (2) on authorized educational
4		leave of absence or sabbatical leave, or (3) on military leave.
5		(e) Where the person is in non-pay status for a period in
6		excess of 30 days or on leave of absence, other than by reason
7		of disability, educational or sabbatical leave, or military
8		leave, such person may continue coverage only by making
9		personal payment equal to the amount normally contributed by
10		the State on such person's behalf. Such payments and coverage
11		may be continued: (1) until such time as the person returns to
12		a status eligible for coverage at State expense, but not to
13		exceed 24 months or (2) until such person's employment or
14		annuitant status with the State is terminated (exclusive of any
15		additional service imposed pursuant to law).
16		(f) The Department shall establish by rule the extent to
17		which other employee benefits will continue for persons in
18		non-pay status or who are not in active service.
19		(g) The State shall not pay the cost of the basic
20		non-contributory group life insurance, program of health
21		benefits and other employee benefits for members who are
22		survivors as defined by paragraphs (1) and (2) of subsection
23		(q) of Section 3 of this Act. The costs of benefits for these
24		survivors shall be paid by the survivors or by the University
25		of Illinois Cooperative Extension Service, or any combination
26		thereof. However, the State shall pay the amount of the

HB3342 Enrolled - 646 - LRB100 08528 SMS 18653 b
1		reduction in the cost of participation, if any, resulting from
2		the amendment to subsection (a) made by this amendatory Act of
3		the 91st General Assembly.
4		(h) Those persons occupying positions with any department
5		as a result of emergency appointments pursuant to Section 8b.8
6		of the Personnel Code who are not considered employees under
7		this Act shall be given the option of participating in the
8		programs of group life insurance, health benefits and other
9		employee benefits. Such persons electing coverage may
10		participate only by making payment equal to the amount normally
11		contributed by the State for similarly situated employees. Such
12		amounts shall be determined by the Director. Such payments and
13		coverage may be continued until such time as the person becomes
14		an employee pursuant to this Act or such person's appointment
15		is terminated.
16		(i) Any unit of local government within the State of
17		Illinois may apply to the Director to have its employees,
18		annuitants, and their dependents provided group health
19		coverage under this Act on a non-insured basis. To participate,
20		a unit of local government must agree to enroll all of its
21		employees, who may select coverage under either the State group
22		health benefits plan or a health maintenance organization that
23		has contracted with the State to be available as a health care
24		provider for employees as defined in this Act. A unit of local
25		government must remit the entire cost of providing coverage
26		under the State group health benefits plan or, for coverage

HB3342 Enrolled - 647 - LRB100 08528 SMS 18653 b
1		under a health maintenance organization, an amount determined
2		by the Director based on an analysis of the sex, age,
3		geographic location, or other relevant demographic variables
4		for its employees, except that the unit of local government
5		shall not be required to enroll those of its employees who are
6		covered spouses or dependents under this plan or another group
7		policy or plan providing health benefits as long as (1) an
8		appropriate official from the unit of local government attests
9		that each employee not enrolled is a covered spouse or
10		dependent under this plan or another group policy or plan, and
11		(2) at least 50% of the employees are enrolled and the unit of
12		local government remits the entire cost of providing coverage
13		to those employees, except that a participating school district
14		must have enrolled at least 50% of its full-time employees who
15		have not waived coverage under the district's group health plan
16		by participating in a component of the district's cafeteria
17		plan. A participating school district is not required to enroll
18		a full-time employee who has waived coverage under the
19		district's health plan, provided that an appropriate official
20		from the participating school district attests that the
21		full-time employee has waived coverage by participating in a
22		component of the district's cafeteria plan. For the purposes of
23		this subsection, "participating school district" includes a
24		unit of local government whose primary purpose is education as
25		defined by the Department's rules.
26		Employees of a participating unit of local government who

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1		are not enrolled due to coverage under another group health
2		policy or plan may enroll in the event of a qualifying change
3		in status, special enrollment, special circumstance as defined
4		by the Director, or during the annual Benefit Choice Period. A
5		participating unit of local government may also elect to cover
6		its annuitants. Dependent coverage shall be offered on an
7		optional basis, with the costs paid by the unit of local
8		government, its employees, or some combination of the two as
9		determined by the unit of local government. The unit of local
10		government shall be responsible for timely collection and
11		transmission of dependent premiums.
12		The Director shall annually determine monthly rates of
13		payment, subject to the following constraints:
14		(1) In the first year of coverage, the rates shall be
15		equal to the amount normally charged to State employees for
16		elected optional coverages or for enrolled dependents
17		coverages or other contributory coverages, or contributed
18		by the State for basic insurance coverages on behalf of its
19		employees, adjusted for differences between State
20		employees and employees of the local government in age,
21		sex, geographic location or other relevant demographic
22		variables, plus an amount sufficient to pay for the
23		additional administrative costs of providing coverage to
24		employees of the unit of local government and their
25		dependents.
26		(2) In subsequent years, a further adjustment shall be

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1		made to reflect the actual prior years' claims experience
2		of the employees of the unit of local government.
3		In the case of coverage of local government employees under
4		a health maintenance organization, the Director shall annually
5		determine for each participating unit of local government the
6		maximum monthly amount the unit may contribute toward that
7		coverage, based on an analysis of (i) the age, sex, geographic
8		location, and other relevant demographic variables of the
9		unit's employees and (ii) the cost to cover those employees
10		under the State group health benefits plan. The Director may
11		similarly determine the maximum monthly amount each unit of
12		local government may contribute toward coverage of its
13		employees' dependents under a health maintenance organization.
14		Monthly payments by the unit of local government or its
15		employees for group health benefits plan or health maintenance
16		organization coverage shall be deposited in the Local
17		Government Health Insurance Reserve Fund.
18		The Local Government Health Insurance Reserve Fund is
19		hereby created as a nonappropriated trust fund to be held
20		outside the State Treasury, with the State Treasurer as
21		custodian. The Local Government Health Insurance Reserve Fund
22		shall be a continuing fund not subject to fiscal year
23		limitations. The Local Government Health Insurance Reserve
24		Fund is not subject to administrative charges or charge-backs,
25		including but not limited to those authorized under Section 8h
26		of the State Finance Act. All revenues arising from the

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1		administration of the health benefits program established
2		under this Section shall be deposited into the Local Government
3		Health Insurance Reserve Fund. Any interest earned on moneys in
4		the Local Government Health Insurance Reserve Fund shall be
5		deposited into the Fund. All expenditures from this Fund shall
6		be used for payments for health care benefits for local
7		government and rehabilitation facility employees, annuitants,
8		and dependents, and to reimburse the Department or its
9		administrative service organization for all expenses incurred
10		in the administration of benefits. No other State funds may be
11		used for these purposes.
12		A local government employer's participation or desire to
13		participate in a program created under this subsection shall
14		not limit that employer's duty to bargain with the
15		representative of any collective bargaining unit of its
16		employees.
17		(j) Any rehabilitation facility within the State of
18		Illinois may apply to the Director to have its employees,
19		annuitants, and their eligible dependents provided group
20		health coverage under this Act on a non-insured basis. To
21		participate, a rehabilitation facility must agree to enroll all
22		of its employees and remit the entire cost of providing such
23		coverage for its employees, except that the rehabilitation
24		facility shall not be required to enroll those of its employees
25		who are covered spouses or dependents under this plan or
26		another group policy or plan providing health benefits as long

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1		as (1) an appropriate official from the rehabilitation facility
2		attests that each employee not enrolled is a covered spouse or
3		dependent under this plan or another group policy or plan, and
4		(2) at least 50% of the employees are enrolled and the
5		rehabilitation facility remits the entire cost of providing
6		coverage to those employees. Employees of a participating
7		rehabilitation facility who are not enrolled due to coverage
8		under another group health policy or plan may enroll in the
9		event of a qualifying change in status, special enrollment,
10		special circumstance as defined by the Director, or during the
11		annual Benefit Choice Period. A participating rehabilitation
12		facility may also elect to cover its annuitants. Dependent
13		coverage shall be offered on an optional basis, with the costs
14		paid by the rehabilitation facility, its employees, or some
15		combination of the 2 as determined by the rehabilitation
16		facility. The rehabilitation facility shall be responsible for
17		timely collection and transmission of dependent premiums.
18		The Director shall annually determine quarterly rates of
19		payment, subject to the following constraints:
20		(1) In the first year of coverage, the rates shall be
21		equal to the amount normally charged to State employees for
22		elected optional coverages or for enrolled dependents
23		coverages or other contributory coverages on behalf of its
24		employees, adjusted for differences between State
25		employees and employees of the rehabilitation facility in
26		age, sex, geographic location or other relevant

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1		demographic variables, plus an amount sufficient to pay for
2		the additional administrative costs of providing coverage
3		to employees of the rehabilitation facility and their
4		dependents.
5		(2) In subsequent years, a further adjustment shall be
6		made to reflect the actual prior years' claims experience
7		of the employees of the rehabilitation facility.
8		Monthly payments by the rehabilitation facility or its
9		employees for group health benefits shall be deposited in the
10		Local Government Health Insurance Reserve Fund.
11		(k) Any domestic violence shelter or service within the
12		State of Illinois may apply to the Director to have its
13		employees, annuitants, and their dependents provided group
14		health coverage under this Act on a non-insured basis. To
15		participate, a domestic violence shelter or service must agree
16		to enroll all of its employees and pay the entire cost of
17		providing such coverage for its employees. The domestic
18		violence shelter shall not be required to enroll those of its
19		employees who are covered spouses or dependents under this plan
20		or another group policy or plan providing health benefits as
21		long as (1) an appropriate official from the domestic violence
22		shelter attests that each employee not enrolled is a covered
23		spouse or dependent under this plan or another group policy or
24		plan and (2) at least 50% of the employees are enrolled and the
25		domestic violence shelter remits the entire cost of providing
26		coverage to those employees. Employees of a participating

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1		domestic violence shelter who are not enrolled due to coverage
2		under another group health policy or plan may enroll in the
3		event of a qualifying change in status, special enrollment, or
4		special circumstance as defined by the Director or during the
5		annual Benefit Choice Period. A participating domestic
6		violence shelter may also elect to cover its annuitants.
7		Dependent coverage shall be offered on an optional basis, with
8		employees, or some combination of the 2 as determined by the
9		domestic violence shelter or service. The domestic violence
10		shelter or service shall be responsible for timely collection
11		and transmission of dependent premiums.
12		The Director shall annually determine rates of payment,
13		subject to the following constraints:
14		(1) In the first year of coverage, the rates shall be
15		equal to the amount normally charged to State employees for
16		elected optional coverages or for enrolled dependents
17		coverages or other contributory coverages on behalf of its
18		employees, adjusted for differences between State
19		employees and employees of the domestic violence shelter or
20		service in age, sex, geographic location or other relevant
21		demographic variables, plus an amount sufficient to pay for
22		the additional administrative costs of providing coverage
23		to employees of the domestic violence shelter or service
24		and their dependents.
25		(2) In subsequent years, a further adjustment shall be
26		made to reflect the actual prior years' claims experience

HB3342 Enrolled - 654 - LRB100 08528 SMS 18653 b
1		of the employees of the domestic violence shelter or
2		service.
3		Monthly payments by the domestic violence shelter or
4		service or its employees for group health insurance shall be
5		deposited in the Local Government Health Insurance Reserve
6		Fund.
7		(l) A public community college or entity organized pursuant
8		to the Public Community College Act may apply to the Director
9		initially to have only annuitants not covered prior to July 1,
10		1992 by the district's health plan provided health coverage
11		under this Act on a non-insured basis. The community college
12		must execute a 2-year contract to participate in the Local
13		Government Health Plan. Any annuitant may enroll in the event
14		of a qualifying change in status, special enrollment, special
15		circumstance as defined by the Director, or during the annual
16		Benefit Choice Period.
17		The Director shall annually determine monthly rates of
18		payment subject to the following constraints: for those
19		community colleges with annuitants only enrolled, first year
20		rates shall be equal to the average cost to cover claims for a
21		State member adjusted for demographics, Medicare
22		participation, and other factors; and in the second year, a
23		further adjustment of rates shall be made to reflect the actual
24		first year's claims experience of the covered annuitants.
25		(l-5) The provisions of subsection (l) become inoperative
26		on July 1, 1999.

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1		(m) The Director shall adopt any rules deemed necessary for
2		implementation of this amendatory Act of 1989 (Public Act
3		86-978).
4		(n) Any child advocacy center within the State of Illinois
5		may apply to the Director to have its employees, annuitants,
6		and their dependents provided group health coverage under this
7		Act on a non-insured basis. To participate, a child advocacy
8		center must agree to enroll all of its employees and pay the
9		entire cost of providing coverage for its employees. The child
10		advocacy center shall not be required to enroll those of its
11		employees who are covered spouses or dependents under this plan
12		or another group policy or plan providing health benefits as
13		long as (1) an appropriate official from the child advocacy
14		center attests that each employee not enrolled is a covered
15		spouse or dependent under this plan or another group policy or
16		plan and (2) at least 50% of the employees are enrolled and the
17		child advocacy center remits the entire cost of providing
18		coverage to those employees. Employees of a participating child
19		advocacy center who are not enrolled due to coverage under
20		another group health policy or plan may enroll in the event of
21		a qualifying change in status, special enrollment, or special
22		circumstance as defined by the Director or during the annual
23		Benefit Choice Period. A participating child advocacy center
24		may also elect to cover its annuitants. Dependent coverage
25		shall be offered on an optional basis, with the costs paid by
26		the child advocacy center, its employees, or some combination

HB3342 Enrolled - 656 - LRB100 08528 SMS 18653 b
1		of the 2 as determined by the child advocacy center. The child
2		advocacy center shall be responsible for timely collection and
3		transmission of dependent premiums.
4		The Director shall annually determine rates of payment,
5		subject to the following constraints:
6		(1) In the first year of coverage, the rates shall be
7		equal to the amount normally charged to State employees for
8		elected optional coverages or for enrolled dependents
9		coverages or other contributory coverages on behalf of its
10		employees, adjusted for differences between State
11		employees and employees of the child advocacy center in
12		age, sex, geographic location, or other relevant
13		demographic variables, plus an amount sufficient to pay for
14		the additional administrative costs of providing coverage
15		to employees of the child advocacy center and their
16		dependents.
17		(2) In subsequent years, a further adjustment shall be
18		made to reflect the actual prior years' claims experience
19		of the employees of the child advocacy center.
20		Monthly payments by the child advocacy center or its
21		employees for group health insurance shall be deposited into
22		the Local Government Health Insurance Reserve Fund.
23		(Source: P.A. 97-695, eff. 7-1-12; 98-488, eff. 8-16-13.)
24		Section 110-15. The General Obligation Bond Act is amended
25		by changing Sections 2.5, 9, 11, 12, and 13 and by adding

HB3342 Enrolled - 657 - LRB100 08528 SMS 18653 b
1		Section 7.7 as follows:
2		(30 ILCS 330/2.5)
3		Sec. 2.5. Limitation on issuance of Bonds.
4		(a) Except as provided in subsection (b), no Bonds may be
5		issued if, after the issuance, in the next State fiscal year
6		after the issuance of the Bonds, the amount of debt service
7		(including principal, whether payable at maturity or pursuant
8		to mandatory sinking fund installments, and interest) on all
9		then-outstanding Bonds, other than (i) Bonds authorized by
10		Public Act 100-23 this amendatory Act of the 100th General
11		Assembly, (ii) Bonds issued by Public Act 96-43, and (iii)
12		Bonds authorized by Public Act 96-1497, and (iv) Bonds
13		authorized by this amendatory Act of the 100th General
14		Assembly, would exceed 7% of the aggregate appropriations from
15		the general funds (which consist of the General Revenue Fund,
16		the Common School Fund, the General Revenue Common School
17		Special Account Fund, and the Education Assistance Fund) and
18		the Road Fund for the fiscal year immediately prior to the
19		fiscal year of the issuance.
20		(b) If the Comptroller and Treasurer each consent in
21		writing, Bonds may be issued even if the issuance does not
22		comply with subsection (a). In addition, $2,000,000,000 in
23		Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
24		and $2,000,000,000 in Refunding Bonds under Section 16, may be
25		issued during State fiscal year 2017 without complying with

HB3342 Enrolled - 658 - LRB100 08528 SMS 18653 b
1		subsection (a). In addition, $2,000,000,000 in Bonds for the
2		purposes set forth in Sections 3, 4, 5, 6, and 7, and
3		$2,000,000,000 in Refunding Bonds under Section 16, may be
4		issued during State fiscal year 2018 without complying with
5		subsection (a).
6		(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
7		25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
8		7-6-17; revised 8-8-17.)
9		(30 ILCS 330/7.7 new)
10		Sec. 7.7. State Pension Obligation Acceleration Bonds.
11		(a) As used in this Act, "State Pension Obligation
12		Acceleration Bonds" means Bonds authorized by this amendatory
13		Act of the 100th General Assembly and used for the purpose of
14		making accelerated pension benefit payments under Articles 14,
15		15, and 16 of the Illinois Pension Code.
16		(b) State Pension Obligation Acceleration Bonds in the
17		amount of $1,000,000,000 are hereby authorized to be used for
18		the purpose of making accelerated pension benefit payments
19		under Articles 14, 15, and 16 of the Illinois Pension Code.
20		(c) The proceeds of State Pension Obligation Acceleration
21		Bonds authorized in subsection (b) of this Section, less the
22		amounts authorized in the Bond Sale Order to be directly paid
23		out for bond sale expenses under Section 8, shall be deposited
24		directly into the State Pension Obligation Acceleration Bond
25		Fund, and the Comptroller and the Treasurer shall, as soon as

HB3342 Enrolled - 659 - LRB100 08528 SMS 18653 b
1		practical, make accelerated pension benefit payments under
2		Articles 14, 15, and 16 of the Illinois Pension Code.
3		(d) There is created the State Pension Obligation
4		Acceleration Bond Fund as a special fund in the State Treasury.
5		Funds deposited in the State Pension Obligation Acceleration
6		Bond Fund may only be used for the purpose of making
7		accelerated pension benefit payments under Articles 14, 15, and
8		16 of the Illinois Pension Code or for the payment of principal
9		and interest due on State Pension Obligation Acceleration
10		Bonds. This subsection shall constitute an irrevocable and
11		continuing appropriation of all amounts necessary for such
12		purposes.
13		(30 ILCS 330/9) (from Ch. 127, par. 659)
14		Sec. 9. Conditions for issuance and sale of Bonds;
15		requirements Issuance and Sale of Bonds - Requirements for
16		Bonds.
17		(a) Except as otherwise provided in this subsection, and
18		subsection (h), and subsection (i), Bonds shall be issued and
19		sold from time to time, in one or more series, in such amounts
20		and at such prices as may be directed by the Governor, upon
21		recommendation by the Director of the Governor's Office of
22		Management and Budget. Bonds shall be in such form (either
23		coupon, registered or book entry), in such denominations,
24		payable within 25 years from their date, subject to such terms
25		of redemption with or without premium, bear interest payable at

HB3342 Enrolled - 660 - LRB100 08528 SMS 18653 b
1		such times and at such fixed or variable rate or rates, and be
2		dated as shall be fixed and determined by the Director of the
3		Governor's Office of Management and Budget in the order
4		authorizing the issuance and sale of any series of Bonds, which
5		order shall be approved by the Governor and is herein called a
6		"Bond Sale Order"; provided however, that interest payable at
7		fixed or variable rates shall not exceed that permitted in the
8		Bond Authorization Act, as now or hereafter amended. Bonds
9		shall be payable at such place or places, within or without the
10		State of Illinois, and may be made registrable as to either
11		principal or as to both principal and interest, as shall be
12		specified in the Bond Sale Order. Bonds may be callable or
13		subject to purchase and retirement or tender and remarketing as
14		fixed and determined in the Bond Sale Order. Bonds, other than
15		Bonds issued under Section 3 of this Act for the costs
16		associated with the purchase and implementation of information
17		technology, (i) except for refunding Bonds satisfying the
18		requirements of Section 16 of this Act and sold during fiscal
19		year 2009, 2010, 2011, 2017, or 2018 must be issued with
20		principal or mandatory redemption amounts in equal amounts,
21		with the first maturity issued occurring within the fiscal year
22		in which the Bonds are issued or within the next succeeding
23		fiscal year and (ii) must mature or be subject to mandatory
24		redemption each fiscal year thereafter up to 25 years, except
25		for refunding Bonds satisfying the requirements of Section 16
26		of this Act and sold during fiscal year 2009, 2010, or 2011

HB3342 Enrolled - 661 - LRB100 08528 SMS 18653 b
1		which must mature or be subject to mandatory redemption each
2		fiscal year thereafter up to 16 years. Bonds issued under
3		Section 3 of this Act for the costs associated with the
4		purchase and implementation of information technology must be
5		issued with principal or mandatory redemption amounts in equal
6		amounts, with the first maturity issued occurring with the
7		fiscal year in which the respective bonds are issued or with
8		the next succeeding fiscal year, with the respective bonds
9		issued maturing or subject to mandatory redemption each fiscal
10		year thereafter up to 10 years. Notwithstanding any provision
11		of this Act to the contrary, the Bonds authorized by Public Act
12		96-43 shall be payable within 5 years from their date and must
13		be issued with principal or mandatory redemption amounts in
14		equal amounts, with payment of principal or mandatory
15		redemption beginning in the first fiscal year following the
16		fiscal year in which the Bonds are issued.
17		Notwithstanding any provision of this Act to the contrary,
18		the Bonds authorized by Public Act 96-1497 shall be payable
19		within 8 years from their date and shall be issued with payment
20		of maturing principal or scheduled mandatory redemptions in
21		accordance with the following schedule, except the following
22		amounts shall be prorated if less than the total additional
23		amount of Bonds authorized by Public Act 96-1497 are issued:
24		Fiscal Year After Issuance Amount
25		1-2 $0
26		3 $110,712,120

HB3342 Enrolled - 662 - LRB100 08528 SMS 18653 b
1		4 $332,136,360
2		5 $664,272,720
3		6-8 $996,409,080
4		Notwithstanding any provision of this Act to the contrary,
5		Income Tax Proceed Bonds issued under Section 7.6 shall be
6		payable 12 years from the date of sale and shall be issued with
7		payment of principal or mandatory redemption.
8		In the case of any series of Bonds bearing interest at a
9		variable interest rate ("Variable Rate Bonds"), in lieu of
10		determining the rate or rates at which such series of Variable
11		Rate Bonds shall bear interest and the price or prices at which
12		such Variable Rate Bonds shall be initially sold or remarketed
13		(in the event of purchase and subsequent resale), the Bond Sale
14		Order may provide that such interest rates and prices may vary
15		from time to time depending on criteria established in such
16		Bond Sale Order, which criteria may include, without
17		limitation, references to indices or variations in interest
18		rates as may, in the judgment of a remarketing agent, be
19		necessary to cause Variable Rate Bonds of such series to be
20		remarketable from time to time at a price equal to their
21		principal amount, and may provide for appointment of a bank,
22		trust company, investment bank, or other financial institution
23		to serve as remarketing agent in that connection. The Bond Sale
24		Order may provide that alternative interest rates or provisions
25		for establishing alternative interest rates, different
26		security or claim priorities, or different call or amortization

HB3342 Enrolled - 663 - LRB100 08528 SMS 18653 b
1		provisions will apply during such times as Variable Rate Bonds
2		of any series are held by a person providing credit or
3		liquidity enhancement arrangements for such Bonds as
4		authorized in subsection (b) of this Section. The Bond Sale
5		Order may also provide for such variable interest rates to be
6		established pursuant to a process generally known as an auction
7		rate process and may provide for appointment of one or more
8		financial institutions to serve as auction agents and
9		broker-dealers in connection with the establishment of such
10		interest rates and the sale and remarketing of such Bonds.
11		(b) In connection with the issuance of any series of Bonds,
12		the State may enter into arrangements to provide additional
13		security and liquidity for such Bonds, including, without
14		limitation, bond or interest rate insurance or letters of
15		credit, lines of credit, bond purchase contracts, or other
16		arrangements whereby funds are made available to retire or
17		purchase Bonds, thereby assuring the ability of owners of the
18		Bonds to sell or redeem their Bonds. The State may enter into
19		contracts and may agree to pay fees to persons providing such
20		arrangements, but only under circumstances where the Director
21		of the Governor's Office of Management and Budget certifies
22		that he or she reasonably expects the total interest paid or to
23		be paid on the Bonds, together with the fees for the
24		arrangements (being treated as if interest), would not, taken
25		together, cause the Bonds to bear interest, calculated to their
26		stated maturity, at a rate in excess of the rate that the Bonds

HB3342 Enrolled - 664 - LRB100 08528 SMS 18653 b
1		would bear in the absence of such arrangements.
2		The State may, with respect to Bonds issued or anticipated
3		to be issued, participate in and enter into arrangements with
4		respect to interest rate protection or exchange agreements,
5		guarantees, or financial futures contracts for the purpose of
6		limiting, reducing, or managing interest rate exposure. The
7		authority granted under this paragraph, however, shall not
8		increase the principal amount of Bonds authorized to be issued
9		by law. The arrangements may be executed and delivered by the
10		Director of the Governor's Office of Management and Budget on
11		behalf of the State. Net payments for such arrangements shall
12		constitute interest on the Bonds and shall be paid from the
13		General Obligation Bond Retirement and Interest Fund. The
14		Director of the Governor's Office of Management and Budget
15		shall at least annually certify to the Governor and the State
16		Comptroller his or her estimate of the amounts of such net
17		payments to be included in the calculation of interest required
18		to be paid by the State.
19		(c) Prior to the issuance of any Variable Rate Bonds
20		pursuant to subsection (a), the Director of the Governor's
21		Office of Management and Budget shall adopt an interest rate
22		risk management policy providing that the amount of the State's
23		variable rate exposure with respect to Bonds shall not exceed
24		20%. This policy shall remain in effect while any Bonds are
25		outstanding and the issuance of Bonds shall be subject to the
26		terms of such policy. The terms of this policy may be amended

HB3342 Enrolled - 665 - LRB100 08528 SMS 18653 b
1		from time to time by the Director of the Governor's Office of
2		Management and Budget but in no event shall any amendment cause
3		the permitted level of the State's variable rate exposure with
4		respect to Bonds to exceed 20%.
5		(d) "Build America Bonds" in this Section means Bonds
6		authorized by Section 54AA of the Internal Revenue Code of
7		1986, as amended ("Internal Revenue Code"), and bonds issued
8		from time to time to refund or continue to refund "Build
9		America Bonds".
10		(e) Notwithstanding any other provision of this Section,
11		Qualified School Construction Bonds shall be issued and sold
12		from time to time, in one or more series, in such amounts and
13		at such prices as may be directed by the Governor, upon
14		recommendation by the Director of the Governor's Office of
15		Management and Budget. Qualified School Construction Bonds
16		shall be in such form (either coupon, registered or book
17		entry), in such denominations, payable within 25 years from
18		their date, subject to such terms of redemption with or without
19		premium, and if the Qualified School Construction Bonds are
20		issued with a supplemental coupon, bear interest payable at
21		such times and at such fixed or variable rate or rates, and be
22		dated as shall be fixed and determined by the Director of the
23		Governor's Office of Management and Budget in the order
24		authorizing the issuance and sale of any series of Qualified
25		School Construction Bonds, which order shall be approved by the
26		Governor and is herein called a "Bond Sale Order"; except that

HB3342 Enrolled - 666 - LRB100 08528 SMS 18653 b
1		interest payable at fixed or variable rates, if any, shall not
2		exceed that permitted in the Bond Authorization Act, as now or
3		hereafter amended. Qualified School Construction Bonds shall
4		be payable at such place or places, within or without the State
5		of Illinois, and may be made registrable as to either principal
6		or as to both principal and interest, as shall be specified in
7		the Bond Sale Order. Qualified School Construction Bonds may be
8		callable or subject to purchase and retirement or tender and
9		remarketing as fixed and determined in the Bond Sale Order.
10		Qualified School Construction Bonds must be issued with
11		principal or mandatory redemption amounts or sinking fund
12		payments into the General Obligation Bond Retirement and
13		Interest Fund (or subaccount therefor) in equal amounts, with
14		the first maturity issued, mandatory redemption payment or
15		sinking fund payment occurring within the fiscal year in which
16		the Qualified School Construction Bonds are issued or within
17		the next succeeding fiscal year, with Qualified School
18		Construction Bonds issued maturing or subject to mandatory
19		redemption or with sinking fund payments thereof deposited each
20		fiscal year thereafter up to 25 years. Sinking fund payments
21		set forth in this subsection shall be permitted only to the
22		extent authorized in Section 54F of the Internal Revenue Code
23		or as otherwise determined by the Director of the Governor's
24		Office of Management and Budget. "Qualified School
25		Construction Bonds" in this subsection means Bonds authorized
26		by Section 54F of the Internal Revenue Code and for bonds

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1		issued from time to time to refund or continue to refund such
2		"Qualified School Construction Bonds".
3		(f) Beginning with the next issuance by the Governor's
4		Office of Management and Budget to the Procurement Policy Board
5		of a request for quotation for the purpose of formulating a new
6		pool of qualified underwriting banks list, all entities
7		responding to such a request for quotation for inclusion on
8		that list shall provide a written report to the Governor's
9		Office of Management and Budget and the Illinois Comptroller.
10		The written report submitted to the Comptroller shall (i) be
11		published on the Comptroller's Internet website and (ii) be
12		used by the Governor's Office of Management and Budget for the
13		purposes of scoring such a request for quotation. The written
14		report, at a minimum, shall:
15		(1) disclose whether, within the past 3 months,
16		pursuant to its credit default swap market-making
17		activities, the firm has entered into any State of Illinois
18		credit default swaps ("CDS");
19		(2) include, in the event of State of Illinois CDS
20		activity, disclosure of the firm's cumulative notional
21		volume of State of Illinois CDS trades and the firm's
22		outstanding gross and net notional amount of State of
23		Illinois CDS, as of the end of the current 3-month period;
24		(3) indicate, pursuant to the firm's proprietary
25		trading activities, disclosure of whether the firm, within
26		the past 3 months, has entered into any proprietary trades

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1		for its own account in State of Illinois CDS;
2		(4) include, in the event of State of Illinois
3		proprietary trades, disclosure of the firm's outstanding
4		gross and net notional amount of proprietary State of
5		Illinois CDS and whether the net position is short or long
6		credit protection, as of the end of the current 3-month
7		period;
8		(5) list all time periods during the past 3 months
9		during which the firm held net long or net short State of
10		Illinois CDS proprietary credit protection positions, the
11		amount of such positions, and whether those positions were
12		net long or net short credit protection positions; and
13		(6) indicate whether, within the previous 3 months, the
14		firm released any publicly available research or marketing
15		reports that reference State of Illinois CDS and include
16		those research or marketing reports as attachments.
17		(g) All entities included on a Governor's Office of
18		Management and Budget's pool of qualified underwriting banks
19		list shall, as soon as possible after March 18, 2011 (the
20		effective date of Public Act 96-1554), but not later than
21		January 21, 2011, and on a quarterly fiscal basis thereafter,
22		provide a written report to the Governor's Office of Management
23		and Budget and the Illinois Comptroller. The written reports
24		submitted to the Comptroller shall be published on the
25		Comptroller's Internet website. The written reports, at a
26		minimum, shall:

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1		(1) disclose whether, within the past 3 months,
2		pursuant to its credit default swap market-making
3		activities, the firm has entered into any State of Illinois
4		credit default swaps ("CDS");
5		(2) include, in the event of State of Illinois CDS
6		activity, disclosure of the firm's cumulative notional
7		volume of State of Illinois CDS trades and the firm's
8		outstanding gross and net notional amount of State of
9		Illinois CDS, as of the end of the current 3-month period;
10		(3) indicate, pursuant to the firm's proprietary
11		trading activities, disclosure of whether the firm, within
12		the past 3 months, has entered into any proprietary trades
13		for its own account in State of Illinois CDS;
14		(4) include, in the event of State of Illinois
15		proprietary trades, disclosure of the firm's outstanding
16		gross and net notional amount of proprietary State of
17		Illinois CDS and whether the net position is short or long
18		credit protection, as of the end of the current 3-month
19		period;
20		(5) list all time periods during the past 3 months
21		during which the firm held net long or net short State of
22		Illinois CDS proprietary credit protection positions, the
23		amount of such positions, and whether those positions were
24		net long or net short credit protection positions; and
25		(6) indicate whether, within the previous 3 months, the
26		firm released any publicly available research or marketing

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1		reports that reference State of Illinois CDS and include
2		those research or marketing reports as attachments.
3		(h) Notwithstanding any other provision of this Section,
4		for purposes of maximizing market efficiencies and cost
5		savings, Income Tax Proceed Bonds may be issued and sold from
6		time to time, in one or more series, in such amounts and at
7		such prices as may be directed by the Governor, upon
8		recommendation by the Director of the Governor's Office of
9		Management and Budget. Income Tax Proceed Bonds shall be in
10		such form, either coupon, registered, or book entry, in such
11		denominations, shall bear interest payable at such times and at
12		such fixed or variable rate or rates, and be dated as shall be
13		fixed and determined by the Director of the Governor's Office
14		of Management and Budget in the order authorizing the issuance
15		and sale of any series of Income Tax Proceed Bonds, which order
16		shall be approved by the Governor and is herein called a "Bond
17		Sale Order"; provided, however, that interest payable at fixed
18		or variable rates shall not exceed that permitted in the Bond
19		Authorization Act. Income Tax Proceed Bonds shall be payable at
20		such place or places, within or without the State of Illinois,
21		and may be made registrable as to either principal or as to
22		both principal and interest, as shall be specified in the Bond
23		Sale Order. Income Tax Proceed Bonds may be callable or subject
24		to purchase and retirement or tender and remarketing as fixed
25		and determined in the Bond Sale Order.
26		(i) Notwithstanding any other provision of this Section,

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1		for purposes of maximizing market efficiencies and cost
2		savings, State Pension Obligation Acceleration Bonds may be
3		issued and sold from time to time, in one or more series, in
4		such amounts and at such prices as may be directed by the
5		Governor, upon recommendation by the Director of the Governor's
6		Office of Management and Budget. State Pension Obligation
7		Acceleration Bonds shall be in such form, either coupon,
8		registered, or book entry, in such denominations, shall bear
9		interest payable at such times and at such fixed or variable
10		rate or rates, and be dated as shall be fixed and determined by
11		the Director of the Governor's Office of Management and Budget
12		in the order authorizing the issuance and sale of any series of
13		State Pension Obligation Acceleration Bonds, which order shall
14		be approved by the Governor and is herein called a "Bond Sale
15		Order"; provided, however, that interest payable at fixed or
16		variable rates shall not exceed that permitted in the Bond
17		Authorization Act. State Pension Obligation Acceleration Bonds
18		shall be payable at such place or places, within or without the
19		State of Illinois, and may be made registrable as to either
20		principal or as to both principal and interest, as shall be
21		specified in the Bond Sale Order. State Pension Obligation
22		Acceleration Bonds may be callable or subject to purchase and
23		retirement or tender and remarketing as fixed and determined in
24		the Bond Sale Order.
25		(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
26		25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.

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1		7-6-17; revised 8-8-17.)
2		(30 ILCS 330/11) (from Ch. 127, par. 661)
3		Sec. 11. Sale of Bonds. Except as otherwise provided in
4		this Section, Bonds shall be sold from time to time pursuant to
5		notice of sale and public bid or by negotiated sale in such
6		amounts and at such times as is directed by the Governor, upon
7		recommendation by the Director of the Governor's Office of
8		Management and Budget. At least 25%, based on total principal
9		amount, of all Bonds issued each fiscal year shall be sold
10		pursuant to notice of sale and public bid. At all times during
11		each fiscal year, no more than 75%, based on total principal
12		amount, of the Bonds issued each fiscal year, shall have been
13		sold by negotiated sale. Failure to satisfy the requirements in
14		the preceding 2 sentences shall not affect the validity of any
15		previously issued Bonds; provided that all Bonds authorized by
16		Public Act 96-43 and Public Act 96-1497 shall not be included
17		in determining compliance for any fiscal year with the
18		requirements of the preceding 2 sentences; and further provided
19		that refunding Bonds satisfying the requirements of Section 16
20		of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
21		or 2018 shall not be subject to the requirements in the
22		preceding 2 sentences.
23		If any Bonds, including refunding Bonds, are to be sold by
24		negotiated sale, the Director of the Governor's Office of
25		Management and Budget shall comply with the competitive request

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1		for proposal process set forth in the Illinois Procurement Code
2		and all other applicable requirements of that Code.
3		If Bonds are to be sold pursuant to notice of sale and
4		public bid, the Director of the Governor's Office of Management
5		and Budget may, from time to time, as Bonds are to be sold,
6		advertise the sale of the Bonds in at least 2 daily newspapers,
7		one of which is published in the City of Springfield and one in
8		the City of Chicago. The sale of the Bonds shall also be
9		advertised in the volume of the Illinois Procurement Bulletin
10		that is published by the Department of Central Management
11		Services, and shall be published once at least 10 days prior to
12		the date fixed for the opening of the bids. The Director of the
13		Governor's Office of Management and Budget may reschedule the
14		date of sale upon the giving of such additional notice as the
15		Director deems adequate to inform prospective bidders of such
16		change; provided, however, that all other conditions of the
17		sale shall continue as originally advertised.
18		Executed Bonds shall, upon payment therefor, be delivered
19		to the purchaser, and the proceeds of Bonds shall be paid into
20		the State Treasury as directed by Section 12 of this Act.
21		All Income Tax Proceed Bonds shall comply with this
22		Section. Notwithstanding anything to the contrary, however,
23		for purposes of complying with this Section, Income Tax Proceed
24		Bonds, regardless of the number of series or issuances sold
25		thereunder, shall be considered a single issue or series.
26		Furthermore, for purposes of complying with the competitive

HB3342 Enrolled - 674 - LRB100 08528 SMS 18653 b
1		bidding requirements of this Section, the words "at all times"
2		shall not apply to any such sale of the Income Tax Proceed
3		Bonds. The Director of the Governor's Office of Management and
4		Budget shall determine the time and manner of any competitive
5		sale of the Income Tax Proceed Bonds; however, that sale shall
6		under no circumstances take place later than 60 days after the
7		State closes the sale of 75% of the Income Tax Proceed Bonds by
8		negotiated sale.
9		All State Pension Obligation Acceleration Bonds shall
10		comply with this Section. Notwithstanding anything to the
11		contrary, however, for purposes of complying with this Section,
12		State Pension Obligation Acceleration Bonds, regardless of the
13		number of series or issuances sold thereunder, shall be
14		considered a single issue or series. Furthermore, for purposes
15		of complying with the competitive bidding requirements of this
16		Section, the words "at all times" shall not apply to any such
17		sale of the State Pension Obligation Acceleration Bonds. The
18		Director of the Governor's Office of Management and Budget
19		shall determine the time and manner of any competitive sale of
20		the State Pension Obligation Acceleration Bonds; however, that
21		sale shall under no circumstances take place later than 60 days
22		after the State closes the sale of 75% of the State Pension
23		Obligation Acceleration Bonds by negotiated sale.
24		(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
25		25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
26		7-6-17; revised 8-15-17.)

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1		(30 ILCS 330/12) (from Ch. 127, par. 662)
2		Sec. 12. Allocation of proceeds from sale of Bonds.
3		(a) Proceeds from the sale of Bonds, authorized by Section
4		3 of this Act, shall be deposited in the separate fund known as
5		the Capital Development Fund.
6		(b) Proceeds from the sale of Bonds, authorized by
7		paragraph (a) of Section 4 of this Act, shall be deposited in
8		the separate fund known as the Transportation Bond, Series A
9		Fund.
10		(c) Proceeds from the sale of Bonds, authorized by
11		paragraphs (b) and (c) of Section 4 of this Act, shall be
12		deposited in the separate fund known as the Transportation
13		Bond, Series B Fund.
14		(c-1) Proceeds from the sale of Bonds, authorized by
15		paragraph (d) of Section 4 of this Act, shall be deposited into
16		the Transportation Bond Series D Fund, which is hereby created.
17		(d) Proceeds from the sale of Bonds, authorized by Section
18		5 of this Act, shall be deposited in the separate fund known as
19		the School Construction Fund.
20		(e) Proceeds from the sale of Bonds, authorized by Section
21		6 of this Act, shall be deposited in the separate fund known as
22		the Anti-Pollution Fund.
23		(f) Proceeds from the sale of Bonds, authorized by Section
24		7 of this Act, shall be deposited in the separate fund known as
25		the Coal Development Fund.

HB3342 Enrolled - 676 - LRB100 08528 SMS 18653 b
1		(f-2) Proceeds from the sale of Bonds, authorized by
2		Section 7.2 of this Act, shall be deposited as set forth in
3		Section 7.2.
4		(f-5) Proceeds from the sale of Bonds, authorized by
5		Section 7.5 of this Act, shall be deposited as set forth in
6		Section 7.5.
7		(f-7) Proceeds from the sale of Bonds, authorized by
8		Section 7.6 of this Act, shall be deposited as set forth in
9		Section 7.6.
10		(f-8) Proceeds from the sale of Bonds, authorized by
11		Section 7.7 of this Act, shall be deposited as set forth in
12		Section 7.7.
13		(g) Proceeds from the sale of Bonds, authorized by Section
14		8 of this Act, shall be deposited in the Capital Development
15		Fund.
16		(h) Subsequent to the issuance of any Bonds for the
17		purposes described in Sections 2 through 8 of this Act, the
18		Governor and the Director of the Governor's Office of
19		Management and Budget may provide for the reallocation of
20		unspent proceeds of such Bonds to any other purposes authorized
21		under said Sections of this Act, subject to the limitations on
22		aggregate principal amounts contained therein. Upon any such
23		reallocation, such unspent proceeds shall be transferred to the
24		appropriate funds as determined by reference to paragraphs (a)
25		through (g) of this Section.
26		(Source: P.A. 100-23, eff. 7-6-17.)

HB3342 Enrolled - 677 - LRB100 08528 SMS 18653 b
1		(30 ILCS 330/13) (from Ch. 127, par. 663)
2		Sec. 13. Appropriation of proceeds from sale of Bonds.
3		(a) At all times, the proceeds from the sale of Bonds
4		issued pursuant to this Act are subject to appropriation by the
5		General Assembly and, except as provided in Sections 7.2, and
6		7.6, and 7.7, may be obligated or expended only with the
7		written approval of the Governor, in such amounts, at such
8		times, and for such purposes as the respective State agencies,
9		as defined in Section 1-7 of the Illinois State Auditing Act,
10		as amended, deem necessary or desirable for the specific
11		purposes contemplated in Sections 2 through 8 of this Act.
12		Notwithstanding any other provision of this Act, proceeds from
13		the sale of Bonds issued pursuant to this Act appropriated by
14		the General Assembly to the Architect of the Capitol may be
15		obligated or expended by the Architect of the Capitol without
16		the written approval of the Governor.
17		(b) Proceeds from the sale of Bonds for the purpose of
18		development of coal and alternative forms of energy shall be
19		expended in such amounts and at such times as the Department of
20		Commerce and Economic Opportunity, with the advice and
21		recommendation of the Illinois Coal Development Board for coal
22		development projects, may deem necessary and desirable for the
23		specific purpose contemplated by Section 7 of this Act. In
24		considering the approval of projects to be funded, the
25		Department of Commerce and Economic Opportunity shall give

HB3342 Enrolled - 678 - LRB100 08528 SMS 18653 b
1		special consideration to projects designed to remove sulfur and
2		other pollutants in the preparation and utilization of coal,
3		and in the use and operation of electric utility generating
4		plants and industrial facilities which utilize Illinois coal as
5		their primary source of fuel.
6		(c) Except as directed in subsection (c-1) or (c-2), any
7		monies received by any officer or employee of the state
8		representing a reimbursement of expenditures previously paid
9		from general obligation bond proceeds shall be deposited into
10		the General Obligation Bond Retirement and Interest Fund
11		authorized in Section 14 of this Act.
12		(c-1) Any money received by the Department of
13		Transportation as reimbursement for expenditures for high
14		speed rail purposes pursuant to appropriations from the
15		Transportation Bond, Series B Fund for (i) CREATE (Chicago
16		Region Environmental and Transportation Efficiency), (ii) High
17		Speed Rail, or (iii) AMTRAK projects authorized by the federal
18		government under the provisions of the American Recovery and
19		Reinvestment Act of 2009 or the Safe Accountable Flexible
20		Efficient Transportation Equity Act-A Legacy for Users
21		(SAFETEA-LU), or any successor federal transportation
22		authorization Act, shall be deposited into the Federal High
23		Speed Rail Trust Fund.
24		(c-2) Any money received by the Department of
25		Transportation as reimbursement for expenditures for transit
26		capital purposes pursuant to appropriations from the

HB3342 Enrolled - 679 - LRB100 08528 SMS 18653 b
1		Transportation Bond, Series B Fund for projects authorized by
2		the federal government under the provisions of the American
3		Recovery and Reinvestment Act of 2009 or the Safe Accountable
4		Flexible Efficient Transportation Equity Act-A Legacy for
5		Users (SAFETEA-LU), or any successor federal transportation
6		authorization Act, shall be deposited into the Federal Mass
7		Transit Trust Fund.
8		(Source: P.A. 100-23, eff. 7-6-17.)
9		Section 110-20. The Illinois Pension Code is amended by
10		adding Sections 14-103.41, 14-147.5, 14-147.6, 15-185.5,
11		15-185.6, 16-106.41, 16-158, 16-190.5, and 16-190.6 and
12		amending Sections 14-135.08, 14-152.1, 15-155, 15-165, 15-198,
13		and 16-203 as follows:
14		(40 ILCS 5/14-103.41 new)
15		Sec. 14-103.41. Tier 1 member. "Tier 1 member": A member of
16		this System who first became a member or participant before
17		January 1, 2011 under any reciprocal retirement system or
18		pension fund established under this Code other than a
19		retirement system or pension fund established under Article 2,
20		3, 4, 5, 6, or 18 of this Code.
21		(40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
22		Sec. 14-135.08. To certify required State contributions.
23		(a) To certify to the Governor and to each department, on

HB3342 Enrolled - 680 - LRB100 08528 SMS 18653 b
1		or before November 15 of each year until November 15, 2011, the
2		required rate for State contributions to the System for the
3		next State fiscal year, as determined under subsection (b) of
4		Section 14-131. The certification to the Governor under this
5		subsection (a) shall include a copy of the actuarial
6		recommendations upon which the rate is based and shall
7		specifically identify the System's projected State normal cost
8		for that fiscal year.
9		(a-5) On or before November 1 of each year, beginning
10		November 1, 2012, the Board shall submit to the State Actuary,
11		the Governor, and the General Assembly a proposed certification
12		of the amount of the required State contribution to the System
13		for the next fiscal year, along with all of the actuarial
14		assumptions, calculations, and data upon which that proposed
15		certification is based. On or before January 1 of each year
16		beginning January 1, 2013, the State Actuary shall issue a
17		preliminary report concerning the proposed certification and
18		identifying, if necessary, recommended changes in actuarial
19		assumptions that the Board must consider before finalizing its
20		certification of the required State contributions. On or before
21		January 15, 2013 and each January 15 thereafter, the Board
22		shall certify to the Governor and the General Assembly the
23		amount of the required State contribution for the next fiscal
24		year. The Board's certification must note any deviations from
25		the State Actuary's recommended changes, the reason or reasons
26		for not following the State Actuary's recommended changes, and

HB3342 Enrolled - 681 - LRB100 08528 SMS 18653 b
1		the fiscal impact of not following the State Actuary's
2		recommended changes on the required State contribution.
3		(b) The certifications under subsections (a) and (a-5)
4		shall include an additional amount necessary to pay all
5		principal of and interest on those general obligation bonds due
6		the next fiscal year authorized by Section 7.2(a) of the
7		General Obligation Bond Act and issued to provide the proceeds
8		deposited by the State with the System in July 2003,
9		representing deposits other than amounts reserved under
10		Section 7.2(c) of the General Obligation Bond Act. For State
11		fiscal year 2005, the Board shall make a supplemental
12		certification of the additional amount necessary to pay all
13		principal of and interest on those general obligation bonds due
14		in State fiscal years 2004 and 2005 authorized by Section
15		7.2(a) of the General Obligation Bond Act and issued to provide
16		the proceeds deposited by the State with the System in July
17		2003, representing deposits other than amounts reserved under
18		Section 7.2(c) of the General Obligation Bond Act, as soon as
19		practical after the effective date of this amendatory Act of
20		the 93rd General Assembly.
21		On or before May 1, 2004, the Board shall recalculate and
22		recertify to the Governor and to each department the amount of
23		the required State contribution to the System and the required
24		rates for State contributions to the System for State fiscal
25		year 2005, taking into account the amounts appropriated to and
26		received by the System under subsection (d) of Section 7.2 of

HB3342 Enrolled - 682 - LRB100 08528 SMS 18653 b
1		the General Obligation Bond Act.
2		On or before July 1, 2005, the Board shall recalculate and
3		recertify to the Governor and to each department the amount of
4		the required State contribution to the System and the required
5		rates for State contributions to the System for State fiscal
6		year 2006, taking into account the changes in required State
7		contributions made by this amendatory Act of the 94th General
8		Assembly.
9		On or before April 1, 2011, the Board shall recalculate and
10		recertify to the Governor and to each department the amount of
11		the required State contribution to the System for State fiscal
12		year 2011, applying the changes made by Public Act 96-889 to
13		the System's assets and liabilities as of June 30, 2009 as
14		though Public Act 96-889 was approved on that date.
15		By November 1, 2017, the Board shall recalculate and
16		recertify to the State Actuary, the Governor, and the General
17		Assembly the amount of the State contribution to the System for
18		State fiscal year 2018, taking into account the changes in
19		required State contributions made by this amendatory Act of the
20		100th General Assembly. The State Actuary shall review the
21		assumptions and valuations underlying the Board's revised
22		certification and issue a preliminary report concerning the
23		proposed recertification and identifying, if necessary,
24		recommended changes in actuarial assumptions that the Board
25		must consider before finalizing its certification of the
26		required State contributions. The Board's final certification

HB3342 Enrolled - 683 - LRB100 08528 SMS 18653 b
1		must note any deviations from the State Actuary's recommended
2		changes, the reason or reasons for not following the State
3		Actuary's recommended changes, and the fiscal impact of not
4		following the State Actuary's recommended changes on the
5		required State contribution.
6		On or after June 15, 2019, but no later than June 30, 2019,
7		the Board shall recalculate and recertify to the Governor and
8		the General Assembly the amount of the State contribution to
9		the System for State fiscal year 2019, taking into account the
10		changes in required State contributions made by this amendatory
11		Act of the 100th General Assembly. The recalculation shall be
12		made using assumptions adopted by the Board for the original
13		fiscal year 2019 certification. The monthly voucher for the
14		12th month of fiscal year 2019 shall be paid by the Comptroller
15		after the recertification required pursuant to this paragraph
16		is submitted to the Governor, Comptroller, and General
17		Assembly. The recertification submitted to the General
18		Assembly shall be filed with the Clerk of the House of
19		Representatives and the Secretary of the Senate in electronic
20		form only, in the manner that the Clerk and the Secretary shall
21		direct.
22		(Source: P.A. 100-23, eff. 7-6-17.)
23		(40 ILCS 5/14-147.5 new)
24		Sec. 14-147.5. Accelerated pension benefit payment in lieu
25		of any pension benefit.

HB3342 Enrolled - 684 - LRB100 08528 SMS 18653 b
1		(a) As used in this Section:
2		"Eligible person" means a person who:
3		(1) has terminated service;
4		(2) has accrued sufficient service credit to be
5		eligible to receive a retirement annuity under this
6		Article;
7		(3) has not received any retirement annuity under this
8		Article; and
9		(4) has not made the election under Section 14-147.6.
10		"Pension benefit" means the benefits under this Article, or
11		Article 1 as it relates to those benefits, including any
12		anticipated annual increases, that an eligible person is
13		entitled to upon attainment of the applicable retirement age.
14		"Pension benefit" also includes applicable survivor's or
15		disability benefits.
16		(b) As soon as practical after the effective date of this
17		amendatory Act of the 100th General Assembly, the System shall
18		calculate, using actuarial tables and other assumptions
19		adopted by the Board, the present value of pension benefits for
20		each eligible person who requests that information and shall
21		offer each eligible person the opportunity to irrevocably elect
22		to receive an amount determined by the System to be equal to
23		60% of the present value of his or her pension benefits in lieu
24		of receiving any pension benefit. The offer shall specify the
25		dollar amount that the eligible person will receive if he or
26		she so elects and shall expire when a subsequent offer is made

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1		to an eligible person. An eligible person is limited to one
2		calculation and offer per calendar year. The System shall make
3		a good faith effort to contact every eligible person to notify
4		him or her of the election.
5		Until June 30, 2021, an eligible person may irrevocably
6		elect to receive an accelerated pension benefit payment in the
7		amount that the System offers under this subsection in lieu of
8		receiving any pension benefit. A person who elects to receive
9		an accelerated pension benefit payment under this Section may
10		not elect to proceed under the Retirement Systems Reciprocal
11		Act with respect to service under this Article.
12		(c) A person's creditable service under this Article shall
13		be terminated upon the person's receipt of an accelerated
14		pension benefit payment under this Section, and no other
15		benefit shall be paid under this Article based on the
16		terminated creditable service, including any retirement,
17		survivor, or other benefit; except that to the extent that
18		participation, benefits, or premiums under the State Employees
19		Group Insurance Act of 1971 are based on the amount of service
20		credit, the terminated service credit shall be used for that
21		purpose.
22		(d) If a person who has received an accelerated pension
23		benefit payment under this Section returns to active service
24		under this Article, then:
25		(1) Any benefits under the System earned as a result of
26		that return to active service shall be based solely on the

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1		person's creditable service arising from the return to
2		active service.
3		(2) The accelerated pension benefit payment may not be
4		repaid to the System, and the terminated creditable service
5		may not under any circumstances be reinstated.
6		(e) As a condition of receiving an accelerated pension
7		benefit payment, the accelerated pension benefit payment must
8		be transferred into a tax qualified retirement plan or account.
9		The accelerated pension benefit payment under this Section may
10		be subject to withholding or payment of applicable taxes, but
11		to the extent permitted by federal law, a person who receives
12		an accelerated pension benefit payment under this Section must
13		direct the System to pay all of that payment as a rollover into
14		another retirement plan or account qualified under the Internal
15		Revenue Code of 1986, as amended.
16		(f) Upon receipt of a member's irrevocable election to
17		receive an accelerated pension benefit payment under this
18		Section, the System shall submit a voucher to the Comptroller
19		for payment of the member's accelerated pension benefit
20		payment. The Comptroller shall transfer the amount of the
21		voucher from the State Pension Obligation Acceleration Bond
22		Fund to the System, and the System shall transfer the amount
23		into the member's eligible retirement plan or qualified
24		account.
25		(g) The Board shall adopt any rules, including emergency
26		rules, necessary to implement this Section.

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1		(h) No provision of this Section shall be interpreted in a
2		way that would cause the applicable System to cease to be a
3		qualified plan under the Internal Revenue Code of 1986.
4		(40 ILCS 5/14-147.6 new)
5		Sec. 14-147.6. Accelerated pension benefit payment for a
6		reduction in annual retirement annuity and survivor's annuity
7		increases.
8		(a) As used in this Section:
9		"Accelerated pension benefit payment" means a lump sum
10		payment equal to 70% of the difference of the present value of
11		the automatic annual increases to a Tier 1 member's retirement
12		annuity and survivor's annuity using the formula applicable to
13		the Tier 1 member and the present value of the automatic annual
14		increases to the Tier 1 member's retirement annuity using the
15		formula provided under subsection (b-5) and survivor's annuity
16		using the formula provided under subsection (b-6).
17		"Eligible person" means a person who:
18		(1) is a Tier 1 member;
19		(2) has submitted an application for a retirement
20		annuity under this Article;
21		(3) meets the age and service requirements for
22		receiving a retirement annuity under this Article;
23		(4) has not received any retirement annuity under this
24		Article; and
25		(5) has not made the election under Section 14-147.5.

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1		(b) As soon as practical after the effective date of this
2		amendatory Act of the 100th General Assembly and until June 30,
3		2021, the System shall implement an accelerated pension benefit
4		payment option for eligible persons. Upon the request of an
5		eligible person, the System shall calculate, using actuarial
6		tables and other assumptions adopted by the Board, an
7		accelerated pension benefit payment amount and shall offer that
8		eligible person the opportunity to irrevocably elect to have
9		his or her automatic annual increases in retirement annuity
10		calculated in accordance with the formula provided under
11		subsection (b-5) and any increases in survivor's annuity
12		payable to his or her survivor's annuity beneficiary calculated
13		in accordance with the formula provided under subsection (b-6)
14		in exchange for the accelerated pension benefit payment. The
15		election under this subsection must be made before the eligible
16		person receives the first payment of a retirement annuity
17		otherwise payable under this Article.
18		(b-5) Notwithstanding any other provision of law, the
19		retirement annuity of a person who made the election under
20		subsection (b) shall be subject to annual increases on the
21		January 1 occurring either on or after the attainment of age 67
22		or the first anniversary of the annuity start date, whichever
23		is later. Each annual increase shall be calculated at 1.5% of
24		the originally granted retirement annuity.
25		(b-6) Notwithstanding any other provision of law, a
26		survivor's annuity payable to a survivor's annuity beneficiary

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1		of a person who made the election under subsection (b) shall be
2		subject to annual increases on the January 1 occurring on or
3		after the first anniversary of the commencement of the annuity.
4		Each annual increase shall be calculated at 1.5% of the
5		originally granted survivor's annuity.
6		(c) If a person who has received an accelerated pension
7		benefit payment returns to active service under this Article,
8		then:
9		(1) the calculation of any future automatic annual
10		increase in retirement annuity shall be calculated in
11		accordance with the formula provided under subsection
12		(b-5); and
13		(2) the accelerated pension benefit payment may not be
14		repaid to the System.
15		(d) As a condition of receiving an accelerated pension
16		benefit payment, the accelerated pension benefit payment must
17		be transferred into a tax qualified retirement plan or account.
18		The accelerated pension benefit payment under this Section may
19		be subject to withholding or payment of applicable taxes, but
20		to the extent permitted by federal law, a person who receives
21		an accelerated pension benefit payment under this Section must
22		direct the System to pay all of that payment as a rollover into
23		another retirement plan or account qualified under the Internal
24		Revenue Code of 1986, as amended.
25		(d-5) Upon receipt of a member's irrevocable election to
26		receive an accelerated pension benefit payment under this

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1		Section, the System shall submit a voucher to the Comptroller
2		for payment of the member's accelerated pension benefit
3		payment. The Comptroller shall transfer the amount of the
4		voucher to the System, and the System shall transfer the amount
5		into a member's eligible retirement plan or qualified account.
6		(e) The Board shall adopt any rules, including emergency
7		rules, necessary to implement this Section.
8		(f) No provision of this Section shall be interpreted in a
9		way that would cause the applicable System to cease to be a
10		qualified plan under the Internal Revenue Code of 1986.
11		(40 ILCS 5/14-152.1)
12		Sec. 14-152.1. Application and expiration of new benefit
13		increases.
14		(a) As used in this Section, "new benefit increase" means
15		an increase in the amount of any benefit provided under this
16		Article, or an expansion of the conditions of eligibility for
17		any benefit under this Article, that results from an amendment
18		to this Code that takes effect after June 1, 2005 (the
19		effective date of Public Act 94-4). "New benefit increase",
20		however, does not include any benefit increase resulting from
21		the changes made to Article 1 or this Article by Public Act
22		96-37, Public Act 100-23, or this amendatory Act of the 100th
23		General Assembly or by this amendatory Act of the 100th General
24		Assembly.
25		(b) Notwithstanding any other provision of this Code or any

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1		subsequent amendment to this Code, every new benefit increase
2		is subject to this Section and shall be deemed to be granted
3		only in conformance with and contingent upon compliance with
4		the provisions of this Section.
5		(c) The Public Act enacting a new benefit increase must
6		identify and provide for payment to the System of additional
7		funding at least sufficient to fund the resulting annual
8		increase in cost to the System as it accrues.
9		Every new benefit increase is contingent upon the General
10		Assembly providing the additional funding required under this
11		subsection. The Commission on Government Forecasting and
12		Accountability shall analyze whether adequate additional
13		funding has been provided for the new benefit increase and
14		shall report its analysis to the Public Pension Division of the
15		Department of Insurance. A new benefit increase created by a
16		Public Act that does not include the additional funding
17		required under this subsection is null and void. If the Public
18		Pension Division determines that the additional funding
19		provided for a new benefit increase under this subsection is or
20		has become inadequate, it may so certify to the Governor and
21		the State Comptroller and, in the absence of corrective action
22		by the General Assembly, the new benefit increase shall expire
23		at the end of the fiscal year in which the certification is
24		made.
25		(d) Every new benefit increase shall expire 5 years after
26		its effective date or on such earlier date as may be specified

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1		in the language enacting the new benefit increase or provided
2		under subsection (c). This does not prevent the General
3		Assembly from extending or re-creating a new benefit increase
4		by law.
5		(e) Except as otherwise provided in the language creating
6		the new benefit increase, a new benefit increase that expires
7		under this Section continues to apply to persons who applied
8		and qualified for the affected benefit while the new benefit
9		increase was in effect and to the affected beneficiaries and
10		alternate payees of such persons, but does not apply to any
11		other person, including without limitation a person who
12		continues in service after the expiration date and did not
13		apply and qualify for the affected benefit while the new
14		benefit increase was in effect.
15		(Source: P.A. 100-23, eff. 7-6-17.)
16		(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
17		Sec. 15-155. Employer contributions.
18		(a) The State of Illinois shall make contributions by
19		appropriations of amounts which, together with the other
20		employer contributions from trust, federal, and other funds,
21		employee contributions, income from investments, and other
22		income of this System, will be sufficient to meet the cost of
23		maintaining and administering the System on a 90% funded basis
24		in accordance with actuarial recommendations.
25		The Board shall determine the amount of State contributions

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1		required for each fiscal year on the basis of the actuarial
2		tables and other assumptions adopted by the Board and the
3		recommendations of the actuary, using the formula in subsection
4		(a-1).
5		(a-1) For State fiscal years 2012 through 2045, the minimum
6		contribution to the System to be made by the State for each
7		fiscal year shall be an amount determined by the System to be
8		sufficient to bring the total assets of the System up to 90% of
9		the total actuarial liabilities of the System by the end of
10		State fiscal year 2045. In making these determinations, the
11		required State contribution shall be calculated each year as a
12		level percentage of payroll over the years remaining to and
13		including fiscal year 2045 and shall be determined under the
14		projected unit credit actuarial cost method.
15		For each of State fiscal years 2018, 2019, and 2020, the
16		State shall make an additional contribution to the System equal
17		to 2% of the total payroll of each employee who is deemed to
18		have elected the benefits under Section 1-161 or who has made
19		the election under subsection (c) of Section 1-161.
20		A change in an actuarial or investment assumption that
21		increases or decreases the required State contribution and
22		first applies in State fiscal year 2018 or thereafter shall be
23		implemented in equal annual amounts over a 5-year period
24		beginning in the State fiscal year in which the actuarial
25		change first applies to the required State contribution.
26		A change in an actuarial or investment assumption that

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1		increases or decreases the required State contribution and
2		first applied to the State contribution in fiscal year 2014,
3		2015, 2016, or 2017 shall be implemented:
4		(i) as already applied in State fiscal years before
5		2018; and
6		(ii) in the portion of the 5-year period beginning in
7		the State fiscal year in which the actuarial change first
8		applied that occurs in State fiscal year 2018 or
9		thereafter, by calculating the change in equal annual
10		amounts over that 5-year period and then implementing it at
11		the resulting annual rate in each of the remaining fiscal
12		years in that 5-year period.
13		For State fiscal years 1996 through 2005, the State
14		contribution to the System, as a percentage of the applicable
15		employee payroll, shall be increased in equal annual increments
16		so that by State fiscal year 2011, the State is contributing at
17		the rate required under this Section.
18		Notwithstanding any other provision of this Article, the
19		total required State contribution for State fiscal year 2006 is
20		$166,641,900.
21		Notwithstanding any other provision of this Article, the
22		total required State contribution for State fiscal year 2007 is
23		$252,064,100.
24		For each of State fiscal years 2008 through 2009, the State
25		contribution to the System, as a percentage of the applicable
26		employee payroll, shall be increased in equal annual increments

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1		from the required State contribution for State fiscal year
2		2007, so that by State fiscal year 2011, the State is
3		contributing at the rate otherwise required under this Section.
4		Notwithstanding any other provision of this Article, the
5		total required State contribution for State fiscal year 2010 is
6		$702,514,000 and shall be made from the State Pensions Fund and
7		proceeds of bonds sold in fiscal year 2010 pursuant to Section
8		7.2 of the General Obligation Bond Act, less (i) the pro rata
9		share of bond sale expenses determined by the System's share of
10		total bond proceeds, (ii) any amounts received from the General
11		Revenue Fund in fiscal year 2010, (iii) any reduction in bond
12		proceeds due to the issuance of discounted bonds, if
13		applicable.
14		Notwithstanding any other provision of this Article, the
15		total required State contribution for State fiscal year 2011 is
16		the amount recertified by the System on or before April 1, 2011
17		pursuant to Section 15-165 and shall be made from the State
18		Pensions Fund and proceeds of bonds sold in fiscal year 2011
19		pursuant to Section 7.2 of the General Obligation Bond Act,
20		less (i) the pro rata share of bond sale expenses determined by
21		the System's share of total bond proceeds, (ii) any amounts
22		received from the General Revenue Fund in fiscal year 2011, and
23		(iii) any reduction in bond proceeds due to the issuance of
24		discounted bonds, if applicable.
25		Beginning in State fiscal year 2046, the minimum State
26		contribution for each fiscal year shall be the amount needed to

HB3342 Enrolled - 696 - LRB100 08528 SMS 18653 b
1		maintain the total assets of the System at 90% of the total
2		actuarial liabilities of the System.
3		Amounts received by the System pursuant to Section 25 of
4		the Budget Stabilization Act or Section 8.12 of the State
5		Finance Act in any fiscal year do not reduce and do not
6		constitute payment of any portion of the minimum State
7		contribution required under this Article in that fiscal year.
8		Such amounts shall not reduce, and shall not be included in the
9		calculation of, the required State contributions under this
10		Article in any future year until the System has reached a
11		funding ratio of at least 90%. A reference in this Article to
12		the "required State contribution" or any substantially similar
13		term does not include or apply to any amounts payable to the
14		System under Section 25 of the Budget Stabilization Act.
15		Notwithstanding any other provision of this Section, the
16		required State contribution for State fiscal year 2005 and for
17		fiscal year 2008 and each fiscal year thereafter, as calculated
18		under this Section and certified under Section 15-165, shall
19		not exceed an amount equal to (i) the amount of the required
20		State contribution that would have been calculated under this
21		Section for that fiscal year if the System had not received any
22		payments under subsection (d) of Section 7.2 of the General
23		Obligation Bond Act, minus (ii) the portion of the State's
24		total debt service payments for that fiscal year on the bonds
25		issued in fiscal year 2003 for the purposes of that Section
26		7.2, as determined and certified by the Comptroller, that is

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1		the same as the System's portion of the total moneys
2		distributed under subsection (d) of Section 7.2 of the General
3		Obligation Bond Act. In determining this maximum for State
4		fiscal years 2008 through 2010, however, the amount referred to
5		in item (i) shall be increased, as a percentage of the
6		applicable employee payroll, in equal increments calculated
7		from the sum of the required State contribution for State
8		fiscal year 2007 plus the applicable portion of the State's
9		total debt service payments for fiscal year 2007 on the bonds
10		issued in fiscal year 2003 for the purposes of Section 7.2 of
11		the General Obligation Bond Act, so that, by State fiscal year
12		2011, the State is contributing at the rate otherwise required
13		under this Section.
14		(a-2) Beginning in fiscal year 2018, each employer under
15		this Article shall pay to the System a required contribution
16		determined as a percentage of projected payroll and sufficient
17		to produce an annual amount equal to:
18		(i) for each of fiscal years 2018, 2019, and 2020, the
19		defined benefit normal cost of the defined benefit plan,
20		less the employee contribution, for each employee of that
21		employer who has elected or who is deemed to have elected
22		the benefits under Section 1-161 or who has made the
23		election under subsection (c) of Section 1-161; for fiscal
24		year 2021 and each fiscal year thereafter, the defined
25		benefit normal cost of the defined benefit plan, less the
26		employee contribution, plus 2%, for each employee of that

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1		employer who has elected or who is deemed to have elected
2		the benefits under Section 1-161 or who has made the
3		election under subsection (c) of Section 1-161; plus
4		(ii) the amount required for that fiscal year to
5		amortize any unfunded actuarial accrued liability
6		associated with the present value of liabilities
7		attributable to the employer's account under Section
8		15-155.2, determined as a level percentage of payroll over
9		a 30-year rolling amortization period.
10		In determining contributions required under item (i) of
11		this subsection, the System shall determine an aggregate rate
12		for all employers, expressed as a percentage of projected
13		payroll.
14		In determining the contributions required under item (ii)
15		of this subsection, the amount shall be computed by the System
16		on the basis of the actuarial assumptions and tables used in
17		the most recent actuarial valuation of the System that is
18		available at the time of the computation.
19		The contributions required under this subsection (a-2)
20		shall be paid by an employer concurrently with that employer's
21		payroll payment period. The State, as the actual employer of an
22		employee, shall make the required contributions under this
23		subsection.
24		As used in this subsection, "academic year" means the
25		12-month period beginning September 1.
26		(b) If an employee is paid from trust or federal funds, the

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1		employer shall pay to the Board contributions from those funds
2		which are sufficient to cover the accruing normal costs on
3		behalf of the employee. However, universities having employees
4		who are compensated out of local auxiliary funds, income funds,
5		or service enterprise funds are not required to pay such
6		contributions on behalf of those employees. The local auxiliary
7		funds, income funds, and service enterprise funds of
8		universities shall not be considered trust funds for the
9		purpose of this Article, but funds of alumni associations,
10		foundations, and athletic associations which are affiliated
11		with the universities included as employers under this Article
12		and other employers which do not receive State appropriations
13		are considered to be trust funds for the purpose of this
14		Article.
15		(b-1) The City of Urbana and the City of Champaign shall
16		each make employer contributions to this System for their
17		respective firefighter employees who participate in this
18		System pursuant to subsection (h) of Section 15-107. The rate
19		of contributions to be made by those municipalities shall be
20		determined annually by the Board on the basis of the actuarial
21		assumptions adopted by the Board and the recommendations of the
22		actuary, and shall be expressed as a percentage of salary for
23		each such employee. The Board shall certify the rate to the
24		affected municipalities as soon as may be practical. The
25		employer contributions required under this subsection shall be
26		remitted by the municipality to the System at the same time and

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1		in the same manner as employee contributions.
2		(c) Through State fiscal year 1995: The total employer
3		contribution shall be apportioned among the various funds of
4		the State and other employers, whether trust, federal, or other
5		funds, in accordance with actuarial procedures approved by the
6		Board. State of Illinois contributions for employers receiving
7		State appropriations for personal services shall be payable
8		from appropriations made to the employers or to the System. The
9		contributions for Class I community colleges covering earnings
10		other than those paid from trust and federal funds, shall be
11		payable solely from appropriations to the Illinois Community
12		College Board or the System for employer contributions.
13		(d) Beginning in State fiscal year 1996, the required State
14		contributions to the System shall be appropriated directly to
15		the System and shall be payable through vouchers issued in
16		accordance with subsection (c) of Section 15-165, except as
17		provided in subsection (g).
18		(e) The State Comptroller shall draw warrants payable to
19		the System upon proper certification by the System or by the
20		employer in accordance with the appropriation laws and this
21		Code.
22		(f) Normal costs under this Section means liability for
23		pensions and other benefits which accrues to the System because
24		of the credits earned for service rendered by the participants
25		during the fiscal year and expenses of administering the
26		System, but shall not include the principal of or any

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1		redemption premium or interest on any bonds issued by the Board
2		or any expenses incurred or deposits required in connection
3		therewith.
4		(g) For academic years beginning on or after June 1, 2005
5		and before July 1, 2018 and for earnings paid to a participant
6		under a contract or collective bargaining agreement entered
7		into, amended, or renewed before the effective date of this
8		amendatory Act of the 100th General Assembly, if If the amount
9		of a participant's earnings for any academic year used to
10		determine the final rate of earnings, determined on a full-time
11		equivalent basis, exceeds the amount of his or her earnings
12		with the same employer for the previous academic year,
13		determined on a full-time equivalent basis, by more than 6%,
14		the participant's employer shall pay to the System, in addition
15		to all other payments required under this Section and in
16		accordance with guidelines established by the System, the
17		present value of the increase in benefits resulting from the
18		portion of the increase in earnings that is in excess of 6%.
19		This present value shall be computed by the System on the basis
20		of the actuarial assumptions and tables used in the most recent
21		actuarial valuation of the System that is available at the time
22		of the computation. The System may require the employer to
23		provide any pertinent information or documentation.
24		Whenever it determines that a payment is or may be required
25		under this subsection (g), the System shall calculate the
26		amount of the payment and bill the employer for that amount.

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1		The bill shall specify the calculations used to determine the
2		amount due. If the employer disputes the amount of the bill, it
3		may, within 30 days after receipt of the bill, apply to the
4		System in writing for a recalculation. The application must
5		specify in detail the grounds of the dispute and, if the
6		employer asserts that the calculation is subject to subsection
7		(h) or (i) of this Section or that subsection (g-1) applies,
8		must include an affidavit setting forth and attesting to all
9		facts within the employer's knowledge that are pertinent to the
10		applicability of that subsection subsection (h) or (i). Upon
11		receiving a timely application for recalculation, the System
12		shall review the application and, if appropriate, recalculate
13		the amount due.
14		The employer contributions required under this subsection
15		(g) may be paid in the form of a lump sum within 90 days after
16		receipt of the bill. If the employer contributions are not paid
17		within 90 days after receipt of the bill, then interest will be
18		charged at a rate equal to the System's annual actuarially
19		assumed rate of return on investment compounded annually from
20		the 91st day after receipt of the bill. Payments must be
21		concluded within 3 years after the employer's receipt of the
22		bill.
23		When assessing payment for any amount due under this
24		subsection (g), the System shall include earnings, to the
25		extent not established by a participant under Section 15-113.11
26		or 15-113.12, that would have been paid to the participant had

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1		the participant not taken (i) periods of voluntary or
2		involuntary furlough occurring on or after July 1, 2015 and on
3		or before June 30, 2017 or (ii) periods of voluntary pay
4		reduction in lieu of furlough occurring on or after July 1,
5		2015 and on or before June 30, 2017. Determining earnings that
6		would have been paid to a participant had the participant not
7		taken periods of voluntary or involuntary furlough or periods
8		of voluntary pay reduction shall be the responsibility of the
9		employer, and shall be reported in a manner prescribed by the
10		System.
11		This subsection (g) does not apply to (1) Tier 2 hybrid
12		plan members and (2) Tier 2 defined benefit members who first
13		participate under this Article on or after the implementation
14		date of the Optional Hybrid Plan.
15		(g-1) For academic years beginning on or after July 1, 2018
16		and for earnings paid to a participant under a contract or
17		collective bargaining agreement entered into, amended, or
18		renewed on or after the effective date of this amendatory Act
19		of the 100th General Assembly, if the amount of a participant's
20		earnings for any academic year used to determine the final rate
21		of earnings, determined on a full-time equivalent basis,
22		exceeds the amount of his or her earnings with the same
23		employer for the previous academic year, determined on a
24		full-time equivalent basis, by more than 3%, then the
25		participant's employer shall pay to the System, in addition to
26		all other payments required under this Section and in

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1		accordance with guidelines established by the System, the
2		present value of the increase in benefits resulting from the
3		portion of the increase in earnings that is in excess of 3%.
4		This present value shall be computed by the System on the basis
5		of the actuarial assumptions and tables used in the most recent
6		actuarial valuation of the System that is available at the time
7		of the computation. The System may require the employer to
8		provide any pertinent information or documentation.
9		Whenever it determines that a payment is or may be required
10		under this subsection (g-1), the System shall calculate the
11		amount of the payment and bill the employer for that amount.
12		The bill shall specify the calculations used to determine the
13		amount due. If the employer disputes the amount of the bill, it
14		may, within 30 days after receipt of the bill, apply to the
15		System in writing for a recalculation. The application must
16		specify in detail the grounds of the dispute and, if the
17		employer asserts that subsection (g) of this Section applies,
18		must include an affidavit setting forth and attesting to all
19		facts within the employer's knowledge that are pertinent to the
20		applicability of subsection (g). Upon receiving a timely
21		application for recalculation, the System shall review the
22		application and, if appropriate, recalculate the amount due.
23		The employer contributions required under this subsection
24		(g-1) may be paid in the form of a lump sum within 90 days after
25		receipt of the bill. If the employer contributions are not paid
26		within 90 days after receipt of the bill, then interest shall

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1		be charged at a rate equal to the System's annual actuarially
2		assumed rate of return on investment compounded annually from
3		the 91st day after receipt of the bill. Payments must be
4		concluded within 3 years after the employer's receipt of the
5		bill.
6		This subsection (g-1) does not apply to (1) Tier 2 hybrid
7		plan members and (2) Tier 2 defined benefit members who first
8		participate under this Article on or after the implementation
9		date of the Optional Hybrid Plan.
10		(h) This subsection (h) applies only to payments made or
11		salary increases given on or after June 1, 2005 but before July
12		1, 2011. The changes made by Public Act 94-1057 shall not
13		require the System to refund any payments received before July
14		31, 2006 (the effective date of Public Act 94-1057).
15		When assessing payment for any amount due under subsection
16		(g), the System shall exclude earnings increases paid to
17		participants under contracts or collective bargaining
18		agreements entered into, amended, or renewed before June 1,
19		2005.
20		When assessing payment for any amount due under subsection
21		(g), the System shall exclude earnings increases paid to a
22		participant at a time when the participant is 10 or more years
23		from retirement eligibility under Section 15-135.
24		When assessing payment for any amount due under subsection
25		(g), the System shall exclude earnings increases resulting from
26		overload work, including a contract for summer teaching, or

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1		overtime when the employer has certified to the System, and the
2		System has approved the certification, that: (i) in the case of
3		overloads (A) the overload work is for the sole purpose of
4		academic instruction in excess of the standard number of
5		instruction hours for a full-time employee occurring during the
6		academic year that the overload is paid and (B) the earnings
7		increases are equal to or less than the rate of pay for
8		academic instruction computed using the participant's current
9		salary rate and work schedule; and (ii) in the case of
10		overtime, the overtime was necessary for the educational
11		mission.
12		When assessing payment for any amount due under subsection
13		(g), the System shall exclude any earnings increase resulting
14		from (i) a promotion for which the employee moves from one
15		classification to a higher classification under the State
16		Universities Civil Service System, (ii) a promotion in academic
17		rank for a tenured or tenure-track faculty position, or (iii) a
18		promotion that the Illinois Community College Board has
19		recommended in accordance with subsection (k) of this Section.
20		These earnings increases shall be excluded only if the
21		promotion is to a position that has existed and been filled by
22		a member for no less than one complete academic year and the
23		earnings increase as a result of the promotion is an increase
24		that results in an amount no greater than the average salary
25		paid for other similar positions.
26		(i) When assessing payment for any amount due under

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1		subsection (g), the System shall exclude any salary increase
2		described in subsection (h) of this Section given on or after
3		July 1, 2011 but before July 1, 2014 under a contract or
4		collective bargaining agreement entered into, amended, or
5		renewed on or after June 1, 2005 but before July 1, 2011.
6		Notwithstanding any other provision of this Section, any
7		payments made or salary increases given after June 30, 2014
8		shall be used in assessing payment for any amount due under
9		subsection (g) of this Section.
10		(j) The System shall prepare a report and file copies of
11		the report with the Governor and the General Assembly by
12		January 1, 2007 that contains all of the following information:
13		(1) The number of recalculations required by the
14		changes made to this Section by Public Act 94-1057 for each
15		employer.
16		(2) The dollar amount by which each employer's
17		contribution to the System was changed due to
18		recalculations required by Public Act 94-1057.
19		(3) The total amount the System received from each
20		employer as a result of the changes made to this Section by
21		Public Act 94-4.
22		(4) The increase in the required State contribution
23		resulting from the changes made to this Section by Public
24		Act 94-1057.
25		(j-5) For academic years beginning on or after July 1,
26		2017, if the amount of a participant's earnings for any school

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1		year, determined on a full-time equivalent basis, exceeds the
2		amount of the salary set for the Governor, the participant's
3		employer shall pay to the System, in addition to all other
4		payments required under this Section and in accordance with
5		guidelines established by the System, an amount determined by
6		the System to be equal to the employer normal cost, as
7		established by the System and expressed as a total percentage
8		of payroll, multiplied by the amount of earnings in excess of
9		the amount of the salary set for the Governor. This amount
10		shall be computed by the System on the basis of the actuarial
11		assumptions and tables used in the most recent actuarial
12		valuation of the System that is available at the time of the
13		computation. The System may require the employer to provide any
14		pertinent information or documentation.
15		Whenever it determines that a payment is or may be required
16		under this subsection, the System shall calculate the amount of
17		the payment and bill the employer for that amount. The bill
18		shall specify the calculations used to determine the amount
19		due. If the employer disputes the amount of the bill, it may,
20		within 30 days after receipt of the bill, apply to the System
21		in writing for a recalculation. The application must specify in
22		detail the grounds of the dispute. Upon receiving a timely
23		application for recalculation, the System shall review the
24		application and, if appropriate, recalculate the amount due.
25		The employer contributions required under this subsection
26		may be paid in the form of a lump sum within 90 days after

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1		receipt of the bill. If the employer contributions are not paid
2		within 90 days after receipt of the bill, then interest will be
3		charged at a rate equal to the System's annual actuarially
4		assumed rate of return on investment compounded annually from
5		the 91st day after receipt of the bill. Payments must be
6		concluded within 3 years after the employer's receipt of the
7		bill.
8		(k) The Illinois Community College Board shall adopt rules
9		for recommending lists of promotional positions submitted to
10		the Board by community colleges and for reviewing the
11		promotional lists on an annual basis. When recommending
12		promotional lists, the Board shall consider the similarity of
13		the positions submitted to those positions recognized for State
14		universities by the State Universities Civil Service System.
15		The Illinois Community College Board shall file a copy of its
16		findings with the System. The System shall consider the
17		findings of the Illinois Community College Board when making
18		determinations under this Section. The System shall not exclude
19		any earnings increases resulting from a promotion when the
20		promotion was not submitted by a community college. Nothing in
21		this subsection (k) shall require any community college to
22		submit any information to the Community College Board.
23		(l) For purposes of determining the required State
24		contribution to the System, the value of the System's assets
25		shall be equal to the actuarial value of the System's assets,
26		which shall be calculated as follows:

HB3342 Enrolled - 710 - LRB100 08528 SMS 18653 b
1		As of June 30, 2008, the actuarial value of the System's
2		assets shall be equal to the market value of the assets as of
3		that date. In determining the actuarial value of the System's
4		assets for fiscal years after June 30, 2008, any actuarial
5		gains or losses from investment return incurred in a fiscal
6		year shall be recognized in equal annual amounts over the
7		5-year period following that fiscal year.
8		(m) For purposes of determining the required State
9		contribution to the system for a particular year, the actuarial
10		value of assets shall be assumed to earn a rate of return equal
11		to the system's actuarially assumed rate of return.
12		(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17.)
13		(40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
14		Sec. 15-165. To certify amounts and submit vouchers.
15		(a) The Board shall certify to the Governor on or before
16		November 15 of each year until November 15, 2011 the
17		appropriation required from State funds for the purposes of
18		this System for the following fiscal year. The certification
19		under this subsection (a) shall include a copy of the actuarial
20		recommendations upon which it is based and shall specifically
21		identify the System's projected State normal cost for that
22		fiscal year and the projected State cost for the self-managed
23		plan for that fiscal year.
24		On or before May 1, 2004, the Board shall recalculate and
25		recertify to the Governor the amount of the required State

HB3342 Enrolled - 711 - LRB100 08528 SMS 18653 b
1		contribution to the System for State fiscal year 2005, taking
2		into account the amounts appropriated to and received by the
3		System under subsection (d) of Section 7.2 of the General
4		Obligation Bond Act.
5		On or before July 1, 2005, the Board shall recalculate and
6		recertify to the Governor the amount of the required State
7		contribution to the System for State fiscal year 2006, taking
8		into account the changes in required State contributions made
9		by this amendatory Act of the 94th General Assembly.
10		On or before April 1, 2011, the Board shall recalculate and
11		recertify to the Governor the amount of the required State
12		contribution to the System for State fiscal year 2011, applying
13		the changes made by Public Act 96-889 to the System's assets
14		and liabilities as of June 30, 2009 as though Public Act 96-889
15		was approved on that date.
16		(a-5) On or before November 1 of each year, beginning
17		November 1, 2012, the Board shall submit to the State Actuary,
18		the Governor, and the General Assembly a proposed certification
19		of the amount of the required State contribution to the System
20		for the next fiscal year, along with all of the actuarial
21		assumptions, calculations, and data upon which that proposed
22		certification is based. On or before January 1 of each year,
23		beginning January 1, 2013, the State Actuary shall issue a
24		preliminary report concerning the proposed certification and
25		identifying, if necessary, recommended changes in actuarial
26		assumptions that the Board must consider before finalizing its

HB3342 Enrolled - 712 - LRB100 08528 SMS 18653 b
1		certification of the required State contributions. On or before
2		January 15, 2013 and each January 15 thereafter, the Board
3		shall certify to the Governor and the General Assembly the
4		amount of the required State contribution for the next fiscal
5		year. The Board's certification must note, in a written
6		response to the State Actuary, any deviations from the State
7		Actuary's recommended changes, the reason or reasons for not
8		following the State Actuary's recommended changes, and the
9		fiscal impact of not following the State Actuary's recommended
10		changes on the required State contribution.
11		(a-10) By November 1, 2017, the Board shall recalculate and
12		recertify to the State Actuary, the Governor, and the General
13		Assembly the amount of the State contribution to the System for
14		State fiscal year 2018, taking into account the changes in
15		required State contributions made by this amendatory Act of the
16		100th General Assembly. The State Actuary shall review the
17		assumptions and valuations underlying the Board's revised
18		certification and issue a preliminary report concerning the
19		proposed recertification and identifying, if necessary,
20		recommended changes in actuarial assumptions that the Board
21		must consider before finalizing its certification of the
22		required State contributions. The Board's final certification
23		must note any deviations from the State Actuary's recommended
24		changes, the reason or reasons for not following the State
25		Actuary's recommended changes, and the fiscal impact of not
26		following the State Actuary's recommended changes on the

HB3342 Enrolled - 713 - LRB100 08528 SMS 18653 b
1		required State contribution.
2		(a-15) On or after June 15, 2019, but no later than June
3		30, 2019, the Board shall recalculate and recertify to the
4		Governor and the General Assembly the amount of the State
5		contribution to the System for State fiscal year 2019, taking
6		into account the changes in required State contributions made
7		by this amendatory Act of the 100th General Assembly. The
8		recalculation shall be made using assumptions adopted by the
9		Board for the original fiscal year 2019 certification. The
10		monthly voucher for the 12th month of fiscal year 2019 shall be
11		paid by the Comptroller after the recertification required
12		pursuant to this subsection is submitted to the Governor,
13		Comptroller, and General Assembly. The recertification
14		submitted to the General Assembly shall be filed with the Clerk
15		of the House of Representatives and the Secretary of the Senate
16		in electronic form only, in the manner that the Clerk and the
17		Secretary shall direct.
18		(b) The Board shall certify to the State Comptroller or
19		employer, as the case may be, from time to time, by its
20		chairperson and secretary, with its seal attached, the amounts
21		payable to the System from the various funds.
22		(c) Beginning in State fiscal year 1996, on or as soon as
23		possible after the 15th day of each month the Board shall
24		submit vouchers for payment of State contributions to the
25		System, in a total monthly amount of one-twelfth of the
26		required annual State contribution certified under subsection

HB3342 Enrolled - 714 - LRB100 08528 SMS 18653 b
1		(a). From the effective date of this amendatory Act of the 93rd
2		General Assembly through June 30, 2004, the Board shall not
3		submit vouchers for the remainder of fiscal year 2004 in excess
4		of the fiscal year 2004 certified contribution amount
5		determined under this Section after taking into consideration
6		the transfer to the System under subsection (b) of Section
7		6z-61 of the State Finance Act. These vouchers shall be paid by
8		the State Comptroller and Treasurer by warrants drawn on the
9		funds appropriated to the System for that fiscal year.
10		If in any month the amount remaining unexpended from all
11		other appropriations to the System for the applicable fiscal
12		year (including the appropriations to the System under Section
13		8.12 of the State Finance Act and Section 1 of the State
14		Pension Funds Continuing Appropriation Act) is less than the
15		amount lawfully vouchered under this Section, the difference
16		shall be paid from the General Revenue Fund under the
17		continuing appropriation authority provided in Section 1.1 of
18		the State Pension Funds Continuing Appropriation Act.
19		(d) So long as the payments received are the full amount
20		lawfully vouchered under this Section, payments received by the
21		System under this Section shall be applied first toward the
22		employer contribution to the self-managed plan established
23		under Section 15-158.2. Payments shall be applied second toward
24		the employer's portion of the normal costs of the System, as
25		defined in subsection (f) of Section 15-155. The balance shall
26		be applied toward the unfunded actuarial liabilities of the

HB3342 Enrolled - 715 - LRB100 08528 SMS 18653 b
1		System.
2		(e) In the event that the System does not receive, as a
3		result of legislative enactment or otherwise, payments
4		sufficient to fully fund the employer contribution to the
5		self-managed plan established under Section 15-158.2 and to
6		fully fund that portion of the employer's portion of the normal
7		costs of the System, as calculated in accordance with Section
8		15-155(a-1), then any payments received shall be applied
9		proportionately to the optional retirement program established
10		under Section 15-158.2 and to the employer's portion of the
11		normal costs of the System, as calculated in accordance with
12		Section 15-155(a-1).
13		(Source: P.A. 100-23, eff. 7-6-17.)
14		(40 ILCS 5/15-185.5 new)
15		Sec. 15-185.5. Accelerated pension benefit payment in lieu
16		of any pension benefit.
17		(a) As used in this Section:
18		"Eligible person" means a person who:
19		(1) has terminated service;
20		(2) has accrued sufficient service credit to be
21		eligible to receive a retirement annuity under this
22		Article;
23		(3) has not received any retirement annuity under this
24		Article;
25		(4) has not made the election under Section 15-185.6;

HB3342 Enrolled - 716 - LRB100 08528 SMS 18653 b
1		and
2		(5) is not a participant in the self-managed plan under
3		Section 15-158.2.
4		"Implementation date" means the earliest date upon which
5		the Board authorizes eligible persons to begin irrevocably
6		electing the accelerated pension benefit payment option under
7		this Section. The Board shall endeavor to make such
8		participation available as soon as possible after the effective
9		date of this amendatory Act of the 100th General Assembly and
10		shall establish an implementation date by Board resolution.
11		"Pension benefit" means the benefits under this Article, or
12		Article 1 as it relates to those benefits, including any
13		anticipated annual increases, that an eligible person is
14		entitled to upon attainment of the applicable retirement age.
15		"Pension benefit" also includes applicable survivors benefits,
16		disability benefits, or disability retirement annuity
17		benefits.
18		(b) Beginning on the implementation date, the System shall
19		offer each eligible person the opportunity to irrevocably elect
20		to receive an amount determined by the System to be equal to
21		60% of the present value of his or her pension benefits in lieu
22		of receiving any pension benefit. The System shall calculate,
23		using actuarial tables and other assumptions adopted by the
24		Board, the present value of pension benefits for each eligible
25		person upon his or her request in writing to the System. The
26		System shall not perform more than one calculation per eligible

HB3342 Enrolled - 717 - LRB100 08528 SMS 18653 b
1		member in a State fiscal year. The offer shall specify the
2		dollar amount that the eligible person will receive if he or
3		she so elects and shall expire when a subsequent offer is made
4		to an eligible person. The System shall make a good faith
5		effort to contact every eligible person to notify him or her of
6		the election.
7		Beginning on the implementation date and until June 30,
8		2021, an eligible person may irrevocably elect to receive an
9		accelerated pension benefit payment in the amount that the
10		System offers under this subsection in lieu of receiving any
11		pension benefit. A person who elects to receive an accelerated
12		pension benefit payment under this Section may not elect to
13		proceed under the Retirement Systems Reciprocal Act with
14		respect to service under this Article.
15		(c) Upon payment of an accelerated pension benefit payment
16		under this Section, the person forfeits all accrued rights and
17		credits in the System and no other benefit shall be paid under
18		this Article based on those forfeited rights and credits,
19		including any retirement, survivor, or other benefit; except
20		that to the extent that participation, benefits, or premiums
21		under the State Employees Group Insurance Act of 1971 are based
22		on the amount of service credit, the terminated service credit
23		shall be used for that purpose.
24		(d) If a person who has received an accelerated pension
25		benefit payment under this Section returns to participation
26		under this Article, any benefits under the System earned as a

HB3342 Enrolled - 718 - LRB100 08528 SMS 18653 b
1		result of that return to participation shall be based solely on
2		the person's credits and creditable service arising from the
3		return to participation. Upon return to participation, the
4		person shall be considered a new employee subject to all the
5		qualifying conditions for participation and eligibility for
6		benefits applicable to new employees.
7		(d-5) The accelerated pension benefit payment may not be
8		repaid to the System, and the forfeited rights and credits may
9		not under any circumstances be reinstated.
10		(e) As a condition of receiving an accelerated pension
11		benefit payment, the accelerated pension benefit payment must
12		be deposited into a tax qualified retirement plan or account
13		identified by the eligible person at the time of the election.
14		The accelerated pension benefit payment under this Section may
15		be subject to withholding or payment of applicable taxes, but
16		to the extent permitted by federal law, a person who receives
17		an accelerated pension benefit payment under this Section must
18		direct the System to pay all of that payment as a rollover into
19		another retirement plan or account qualified under the Internal
20		Revenue Code of 1986, as amended.
21		(f) The System shall submit vouchers to the State
22		Comptroller for the payment of accelerated pension benefit
23		payments under this Section. The State Comptroller shall pay
24		the amounts of the vouchers from the State Pension Obligation
25		Acceleration Bond Fund to the System, and the System shall
26		deposit the amounts into the applicable tax qualified plans or

HB3342 Enrolled - 719 - LRB100 08528 SMS 18653 b
1		accounts.
2		(g) The Board shall adopt any rules, including emergency
3		rules, necessary to implement this Section.
4		(h) No provision of this Section shall be interpreted in a
5		way that would cause the System to cease to be a qualified plan
6		under the Internal Revenue Code of 1986.
7		(40 ILCS 5/15-185.6 new)
8		Sec. 15-185.6. Accelerated pension benefit payment for a
9		reduction in an annual increase to a retirement annuity and an
10		annuity benefit payable as a result of death.
11		(a) As used in this Section:
12		"Accelerated pension benefit payment" means a lump sum
13		payment equal to 70% of the difference of: (i) the present
14		value of the automatic annual increases to a Tier 1 member's
15		retirement annuity, including any increases to any annuity
16		benefit payable as a result of his or her death, using the
17		formula applicable to the Tier 1 member; and (ii) the present
18		value of the automatic annual increases to the Tier 1 member's
19		retirement annuity, including any increases to any annuity
20		benefit payable as a result of his or her death, using the
21		formula provided under subsection (b-5).
22		"Eligible person" means a person who:
23		(1) is a Tier 1 member;
24		(2) has submitted an application for a retirement
25		annuity under this Article;

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1		(3) meets the age and service requirements for
2		receiving a retirement annuity under this Article;
3		(4) has not received any retirement annuity under this
4		Article;
5		(5) has not made the election under Section 15-185.5;
6		and
7		(6) is not a participant in the self-managed plan under
8		Section 15-158.2.
9		"Implementation date" means the earliest date upon which
10		the Board authorizes eligible persons to begin irrevocably
11		electing the accelerated pension benefit payment option under
12		this Section. The Board shall endeavor to make such
13		participation available as soon as possible after the effective
14		date of this amendatory Act of the 100th General Assembly and
15		shall establish an implementation date by Board resolution.
16		(b) Beginning on the implementation date and until June 30,
17		2021, the System shall implement an accelerated pension benefit
18		payment option for eligible persons. The System shall
19		calculate, using actuarial tables and other assumptions
20		adopted by the Board, an accelerated pension benefit payment
21		amount for an eligible person upon his or her request in
22		writing to the System and shall offer that eligible person the
23		opportunity to irrevocably elect to have his or her automatic
24		annual increases in retirement annuity and any annuity benefit
25		payable as a result of his or her death calculated in
26		accordance with the formula provided in subsection (b-5) in

HB3342 Enrolled - 721 - LRB100 08528 SMS 18653 b
1		exchange for the accelerated pension benefit payment. The
2		System shall not perform more than one calculation under this
3		Section per eligible person in a State fiscal year. The
4		election under this subsection must be made before any
5		retirement annuity is paid to the eligible person, and the
6		eligible survivor, spouse, or contingent annuitant, as
7		applicable, must consent to the election under this subsection.
8		(b-5) Notwithstanding any other provision of law, the
9		retirement annuity of a person who made the election under
10		subsection (b) shall be increased annually beginning on the
11		January 1 occurring either on or after the attainment of age 67
12		or the first anniversary of the annuity start date, whichever
13		is later, and any annuity benefit payable as a result of his or
14		her death shall be increased annually beginning on: (1) the
15		January 1 occurring on or after the commencement of the annuity
16		if the deceased Tier 1 member died while receiving a retirement
17		annuity; or (2) the January 1 occurring after the first
18		anniversary of the commencement of the benefit. Each annual
19		increase shall be calculated at 1.5% of the originally granted
20		retirement annuity or annuity benefit payable as a result of
21		the Tier 1 member's death.
22		(c) If an annuitant who has received an accelerated pension
23		benefit payment returns to participation under this Article,
24		the calculation of any future automatic annual increase in
25		retirement annuity under subsection (c) of Section 15-139 shall
26		be calculated in accordance with the formula provided in

HB3342 Enrolled - 722 - LRB100 08528 SMS 18653 b
1		subsection (b-5).
2		(c-5) The accelerated pension benefit payment may not be
3		repaid to the System.
4		(d) As a condition of receiving an accelerated pension
5		benefit payment, the accelerated pension benefit payment must
6		be deposited into a tax qualified retirement plan or account
7		identified by the eligible person at the time of election. The
8		accelerated pension benefit payment under this Section may be
9		subject to withholding or payment of applicable taxes, but to
10		the extent permitted by federal law, a person who receives an
11		accelerated pension benefit payment under this Section must
12		direct the System to pay all of that payment as a rollover into
13		another retirement plan or account qualified under the Internal
14		Revenue Code of 1986, as amended.
15		(d-5) The System shall submit vouchers to the State
16		Comptroller for the payment of accelerated pension benefit
17		payments under this Section. The State Comptroller shall pay
18		the amounts of the vouchers from the State Pension Obligation
19		Acceleration Bond Fund to the System, and the System shall
20		deposit the amounts into the applicable tax qualified plans or
21		accounts.
22		(e) The Board shall adopt any rules, including emergency
23		rules, necessary to implement this Section.
24		(f) No provision of this Section shall be interpreted in a
25		way that would cause the System to cease to be a qualified plan
26		under the Internal Revenue Code of 1986.

HB3342 Enrolled - 723 - LRB100 08528 SMS 18653 b
1		(40 ILCS 5/15-198)
2		Sec. 15-198. Application and expiration of new benefit
3		increases.
4		(a) As used in this Section, "new benefit increase" means
5		an increase in the amount of any benefit provided under this
6		Article, or an expansion of the conditions of eligibility for
7		any benefit under this Article, that results from an amendment
8		to this Code that takes effect after the effective date of this
9		amendatory Act of the 94th General Assembly. "New benefit
10		increase", however, does not include any benefit increase
11		resulting from the changes made to Article 1 or this Article by
12		Public Act 100-23 or this amendatory Act of the 100th General
13		Assembly this amendatory Act of the 100th General Assembly.
14		(b) Notwithstanding any other provision of this Code or any
15		subsequent amendment to this Code, every new benefit increase
16		is subject to this Section and shall be deemed to be granted
17		only in conformance with and contingent upon compliance with
18		the provisions of this Section.
19		(c) The Public Act enacting a new benefit increase must
20		identify and provide for payment to the System of additional
21		funding at least sufficient to fund the resulting annual
22		increase in cost to the System as it accrues.
23		Every new benefit increase is contingent upon the General
24		Assembly providing the additional funding required under this
25		subsection. The Commission on Government Forecasting and

HB3342 Enrolled - 724 - LRB100 08528 SMS 18653 b
1		Accountability shall analyze whether adequate additional
2		funding has been provided for the new benefit increase and
3		shall report its analysis to the Public Pension Division of the
4		Department of Insurance. A new benefit increase created by a
5		Public Act that does not include the additional funding
6		required under this subsection is null and void. If the Public
7		Pension Division determines that the additional funding
8		provided for a new benefit increase under this subsection is or
9		has become inadequate, it may so certify to the Governor and
10		the State Comptroller and, in the absence of corrective action
11		by the General Assembly, the new benefit increase shall expire
12		at the end of the fiscal year in which the certification is
13		made.
14		(d) Every new benefit increase shall expire 5 years after
15		its effective date or on such earlier date as may be specified
16		in the language enacting the new benefit increase or provided
17		under subsection (c). This does not prevent the General
18		Assembly from extending or re-creating a new benefit increase
19		by law.
20		(e) Except as otherwise provided in the language creating
21		the new benefit increase, a new benefit increase that expires
22		under this Section continues to apply to persons who applied
23		and qualified for the affected benefit while the new benefit
24		increase was in effect and to the affected beneficiaries and
25		alternate payees of such persons, but does not apply to any
26		other person, including without limitation a person who

HB3342 Enrolled - 725 - LRB100 08528 SMS 18653 b
1		continues in service after the expiration date and did not
2		apply and qualify for the affected benefit while the new
3		benefit increase was in effect.
4		(Source: P.A. 100-23, eff. 7-6-17.)
5		(40 ILCS 5/16-106.41 new)
6		Sec. 16-106.41. Tier 1 member. "Tier 1 member": A member
7		under this Article who first became a member or participant
8		before January 1, 2011 under any reciprocal retirement system
9		or pension fund established under this Code other than a
10		retirement system or pension fund established under Article 2,
11		3, 4, 5, 6, or 18 of this Code.
12		(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
13		Sec. 16-158. Contributions by State and other employing
14		units.
15		(a) The State shall make contributions to the System by
16		means of appropriations from the Common School Fund and other
17		State funds of amounts which, together with other employer
18		contributions, employee contributions, investment income, and
19		other income, will be sufficient to meet the cost of
20		maintaining and administering the System on a 90% funded basis
21		in accordance with actuarial recommendations.
22		The Board shall determine the amount of State contributions
23		required for each fiscal year on the basis of the actuarial
24		tables and other assumptions adopted by the Board and the

HB3342 Enrolled - 726 - LRB100 08528 SMS 18653 b
1		recommendations of the actuary, using the formula in subsection
2		(b-3).
3		(a-1) Annually, on or before November 15 until November 15,
4		2011, the Board shall certify to the Governor the amount of the
5		required State contribution for the coming fiscal year. The
6		certification under this subsection (a-1) shall include a copy
7		of the actuarial recommendations upon which it is based and
8		shall specifically identify the System's projected State
9		normal cost for that fiscal year.
10		On or before May 1, 2004, the Board shall recalculate and
11		recertify to the Governor the amount of the required State
12		contribution to the System for State fiscal year 2005, taking
13		into account the amounts appropriated to and received by the
14		System under subsection (d) of Section 7.2 of the General
15		Obligation Bond Act.
16		On or before July 1, 2005, the Board shall recalculate and
17		recertify to the Governor the amount of the required State
18		contribution to the System for State fiscal year 2006, taking
19		into account the changes in required State contributions made
20		by Public Act 94-4 this amendatory Act of the 94th General
21		Assembly.
22		On or before April 1, 2011, the Board shall recalculate and
23		recertify to the Governor the amount of the required State
24		contribution to the System for State fiscal year 2011, applying
25		the changes made by Public Act 96-889 to the System's assets
26		and liabilities as of June 30, 2009 as though Public Act 96-889

HB3342 Enrolled - 727 - LRB100 08528 SMS 18653 b
1		was approved on that date.
2		(a-5) On or before November 1 of each year, beginning
3		November 1, 2012, the Board shall submit to the State Actuary,
4		the Governor, and the General Assembly a proposed certification
5		of the amount of the required State contribution to the System
6		for the next fiscal year, along with all of the actuarial
7		assumptions, calculations, and data upon which that proposed
8		certification is based. On or before January 1 of each year,
9		beginning January 1, 2013, the State Actuary shall issue a
10		preliminary report concerning the proposed certification and
11		identifying, if necessary, recommended changes in actuarial
12		assumptions that the Board must consider before finalizing its
13		certification of the required State contributions. On or before
14		January 15, 2013 and each January 15 thereafter, the Board
15		shall certify to the Governor and the General Assembly the
16		amount of the required State contribution for the next fiscal
17		year. The Board's certification must note any deviations from
18		the State Actuary's recommended changes, the reason or reasons
19		for not following the State Actuary's recommended changes, and
20		the fiscal impact of not following the State Actuary's
21		recommended changes on the required State contribution.
22		(a-10) By November 1, 2017, the Board shall recalculate and
23		recertify to the State Actuary, the Governor, and the General
24		Assembly the amount of the State contribution to the System for
25		State fiscal year 2018, taking into account the changes in
26		required State contributions made by Public Act 100-23 this

HB3342 Enrolled - 728 - LRB100 08528 SMS 18653 b
1		amendatory Act of the 100th General Assembly. The State Actuary
2		shall review the assumptions and valuations underlying the
3		Board's revised certification and issue a preliminary report
4		concerning the proposed recertification and identifying, if
5		necessary, recommended changes in actuarial assumptions that
6		the Board must consider before finalizing its certification of
7		the required State contributions. The Board's final
8		certification must note any deviations from the State Actuary's
9		recommended changes, the reason or reasons for not following
10		the State Actuary's recommended changes, and the fiscal impact
11		of not following the State Actuary's recommended changes on the
12		required State contribution.
13		(a-15) On or after June 15, 2019, but no later than June
14		30, 2019, the Board shall recalculate and recertify to the
15		Governor and the General Assembly the amount of the State
16		contribution to the System for State fiscal year 2019, taking
17		into account the changes in required State contributions made
18		by this amendatory Act of the 100th General Assembly. The
19		recalculation shall be made using assumptions adopted by the
20		Board for the original fiscal year 2019 certification. The
21		monthly voucher for the 12th month of fiscal year 2019 shall be
22		paid by the Comptroller after the recertification required
23		pursuant to this subsection is submitted to the Governor,
24		Comptroller, and General Assembly. The recertification
25		submitted to the General Assembly shall be filed with the Clerk
26		of the House of Representatives and the Secretary of the Senate

HB3342 Enrolled - 729 - LRB100 08528 SMS 18653 b
1		in electronic form only, in the manner that the Clerk and the
2		Secretary shall direct.
3		(b) Through State fiscal year 1995, the State contributions
4		shall be paid to the System in accordance with Section 18-7 of
5		the School Code.
6		(b-1) Beginning in State fiscal year 1996, on the 15th day
7		of each month, or as soon thereafter as may be practicable, the
8		Board shall submit vouchers for payment of State contributions
9		to the System, in a total monthly amount of one-twelfth of the
10		required annual State contribution certified under subsection
11		(a-1). From March 5, 2004 (the effective date of Public Act
12		93-665) this amendatory Act of the 93rd General Assembly
13		through June 30, 2004, the Board shall not submit vouchers for
14		the remainder of fiscal year 2004 in excess of the fiscal year
15		2004 certified contribution amount determined under this
16		Section after taking into consideration the transfer to the
17		System under subsection (a) of Section 6z-61 of the State
18		Finance Act. These vouchers shall be paid by the State
19		Comptroller and Treasurer by warrants drawn on the funds
20		appropriated to the System for that fiscal year.
21		If in any month the amount remaining unexpended from all
22		other appropriations to the System for the applicable fiscal
23		year (including the appropriations to the System under Section
24		8.12 of the State Finance Act and Section 1 of the State
25		Pension Funds Continuing Appropriation Act) is less than the
26		amount lawfully vouchered under this subsection, the

HB3342 Enrolled - 730 - LRB100 08528 SMS 18653 b
1		difference shall be paid from the Common School Fund under the
2		continuing appropriation authority provided in Section 1.1 of
3		the State Pension Funds Continuing Appropriation Act.
4		(b-2) Allocations from the Common School Fund apportioned
5		to school districts not coming under this System shall not be
6		diminished or affected by the provisions of this Article.
7		(b-3) For State fiscal years 2012 through 2045, the minimum
8		contribution to the System to be made by the State for each
9		fiscal year shall be an amount determined by the System to be
10		sufficient to bring the total assets of the System up to 90% of
11		the total actuarial liabilities of the System by the end of
12		State fiscal year 2045. In making these determinations, the
13		required State contribution shall be calculated each year as a
14		level percentage of payroll over the years remaining to and
15		including fiscal year 2045 and shall be determined under the
16		projected unit credit actuarial cost method.
17		For each of State fiscal years 2018, 2019, and 2020, the
18		State shall make an additional contribution to the System equal
19		to 2% of the total payroll of each employee who is deemed to
20		have elected the benefits under Section 1-161 or who has made
21		the election under subsection (c) of Section 1-161.
22		A change in an actuarial or investment assumption that
23		increases or decreases the required State contribution and
24		first applies in State fiscal year 2018 or thereafter shall be
25		implemented in equal annual amounts over a 5-year period
26		beginning in the State fiscal year in which the actuarial

HB3342 Enrolled - 731 - LRB100 08528 SMS 18653 b
1		change first applies to the required State contribution.
2		A change in an actuarial or investment assumption that
3		increases or decreases the required State contribution and
4		first applied to the State contribution in fiscal year 2014,
5		2015, 2016, or 2017 shall be implemented:
6		(i) as already applied in State fiscal years before
7		2018; and
8		(ii) in the portion of the 5-year period beginning in
9		the State fiscal year in which the actuarial change first
10		applied that occurs in State fiscal year 2018 or
11		thereafter, by calculating the change in equal annual
12		amounts over that 5-year period and then implementing it at
13		the resulting annual rate in each of the remaining fiscal
14		years in that 5-year period.
15		For State fiscal years 1996 through 2005, the State
16		contribution to the System, as a percentage of the applicable
17		employee payroll, shall be increased in equal annual increments
18		so that by State fiscal year 2011, the State is contributing at
19		the rate required under this Section; except that in the
20		following specified State fiscal years, the State contribution
21		to the System shall not be less than the following indicated
22		percentages of the applicable employee payroll, even if the
23		indicated percentage will produce a State contribution in
24		excess of the amount otherwise required under this subsection
25		and subsection (a), and notwithstanding any contrary
26		certification made under subsection (a-1) before May 27, 1998

HB3342 Enrolled - 732 - LRB100 08528 SMS 18653 b
1		(the effective date of Public Act 90-582) this amendatory Act
2		of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY
3		2001; 12.16% in FY 2002; 12.86% in FY 2003; and 13.56% in FY
4		2004.
5		Notwithstanding any other provision of this Article, the
6		total required State contribution for State fiscal year 2006 is
7		$534,627,700.
8		Notwithstanding any other provision of this Article, the
9		total required State contribution for State fiscal year 2007 is
10		$738,014,500.
11		For each of State fiscal years 2008 through 2009, the State
12		contribution to the System, as a percentage of the applicable
13		employee payroll, shall be increased in equal annual increments
14		from the required State contribution for State fiscal year
15		2007, so that by State fiscal year 2011, the State is
16		contributing at the rate otherwise required under this Section.
17		Notwithstanding any other provision of this Article, the
18		total required State contribution for State fiscal year 2010 is
19		$2,089,268,000 and shall be made from the proceeds of bonds
20		sold in fiscal year 2010 pursuant to Section 7.2 of the General
21		Obligation Bond Act, less (i) the pro rata share of bond sale
22		expenses determined by the System's share of total bond
23		proceeds, (ii) any amounts received from the Common School Fund
24		in fiscal year 2010, and (iii) any reduction in bond proceeds
25		due to the issuance of discounted bonds, if applicable.
26		Notwithstanding any other provision of this Article, the

HB3342 Enrolled - 733 - LRB100 08528 SMS 18653 b
1		total required State contribution for State fiscal year 2011 is
2		the amount recertified by the System on or before April 1, 2011
3		pursuant to subsection (a-1) of this Section and shall be made
4		from the proceeds of bonds sold in fiscal year 2011 pursuant to
5		Section 7.2 of the General Obligation Bond Act, less (i) the
6		pro rata share of bond sale expenses determined by the System's
7		share of total bond proceeds, (ii) any amounts received from
8		the Common School Fund in fiscal year 2011, and (iii) any
9		reduction in bond proceeds due to the issuance of discounted
10		bonds, if applicable. This amount shall include, in addition to
11		the amount certified by the System, an amount necessary to meet
12		employer contributions required by the State as an employer
13		under paragraph (e) of this Section, which may also be used by
14		the System for contributions required by paragraph (a) of
15		Section 16-127.
16		Beginning in State fiscal year 2046, the minimum State
17		contribution for each fiscal year shall be the amount needed to
18		maintain the total assets of the System at 90% of the total
19		actuarial liabilities of the System.
20		Amounts received by the System pursuant to Section 25 of
21		the Budget Stabilization Act or Section 8.12 of the State
22		Finance Act in any fiscal year do not reduce and do not
23		constitute payment of any portion of the minimum State
24		contribution required under this Article in that fiscal year.
25		Such amounts shall not reduce, and shall not be included in the
26		calculation of, the required State contributions under this

HB3342 Enrolled - 734 - LRB100 08528 SMS 18653 b
1		Article in any future year until the System has reached a
2		funding ratio of at least 90%. A reference in this Article to
3		the "required State contribution" or any substantially similar
4		term does not include or apply to any amounts payable to the
5		System under Section 25 of the Budget Stabilization Act.
6		Notwithstanding any other provision of this Section, the
7		required State contribution for State fiscal year 2005 and for
8		fiscal year 2008 and each fiscal year thereafter, as calculated
9		under this Section and certified under subsection (a-1), shall
10		not exceed an amount equal to (i) the amount of the required
11		State contribution that would have been calculated under this
12		Section for that fiscal year if the System had not received any
13		payments under subsection (d) of Section 7.2 of the General
14		Obligation Bond Act, minus (ii) the portion of the State's
15		total debt service payments for that fiscal year on the bonds
16		issued in fiscal year 2003 for the purposes of that Section
17		7.2, as determined and certified by the Comptroller, that is
18		the same as the System's portion of the total moneys
19		distributed under subsection (d) of Section 7.2 of the General
20		Obligation Bond Act. In determining this maximum for State
21		fiscal years 2008 through 2010, however, the amount referred to
22		in item (i) shall be increased, as a percentage of the
23		applicable employee payroll, in equal increments calculated
24		from the sum of the required State contribution for State
25		fiscal year 2007 plus the applicable portion of the State's
26		total debt service payments for fiscal year 2007 on the bonds

HB3342 Enrolled - 735 - LRB100 08528 SMS 18653 b
1		issued in fiscal year 2003 for the purposes of Section 7.2 of
2		the General Obligation Bond Act, so that, by State fiscal year
3		2011, the State is contributing at the rate otherwise required
4		under this Section.
5		(b-4) Beginning in fiscal year 2018, each employer under
6		this Article shall pay to the System a required contribution
7		determined as a percentage of projected payroll and sufficient
8		to produce an annual amount equal to:
9		(i) for each of fiscal years 2018, 2019, and 2020, the
10		defined benefit normal cost of the defined benefit plan,
11		less the employee contribution, for each employee of that
12		employer who has elected or who is deemed to have elected
13		the benefits under Section 1-161 or who has made the
14		election under subsection (b) of Section 1-161; for fiscal
15		year 2021 and each fiscal year thereafter, the defined
16		benefit normal cost of the defined benefit plan, less the
17		employee contribution, plus 2%, for each employee of that
18		employer who has elected or who is deemed to have elected
19		the benefits under Section 1-161 or who has made the
20		election under subsection (b) of Section 1-161; plus
21		(ii) the amount required for that fiscal year to
22		amortize any unfunded actuarial accrued liability
23		associated with the present value of liabilities
24		attributable to the employer's account under Section
25		16-158.3, determined as a level percentage of payroll over
26		a 30-year rolling amortization period.

HB3342 Enrolled - 736 - LRB100 08528 SMS 18653 b
1		In determining contributions required under item (i) of
2		this subsection, the System shall determine an aggregate rate
3		for all employers, expressed as a percentage of projected
4		payroll.
5		In determining the contributions required under item (ii)
6		of this subsection, the amount shall be computed by the System
7		on the basis of the actuarial assumptions and tables used in
8		the most recent actuarial valuation of the System that is
9		available at the time of the computation.
10		The contributions required under this subsection (b-4)
11		shall be paid by an employer concurrently with that employer's
12		payroll payment period. The State, as the actual employer of an
13		employee, shall make the required contributions under this
14		subsection.
15		(c) Payment of the required State contributions and of all
16		pensions, retirement annuities, death benefits, refunds, and
17		other benefits granted under or assumed by this System, and all
18		expenses in connection with the administration and operation
19		thereof, are obligations of the State.
20		If members are paid from special trust or federal funds
21		which are administered by the employing unit, whether school
22		district or other unit, the employing unit shall pay to the
23		System from such funds the full accruing retirement costs based
24		upon that service, which, beginning July 1, 2017, shall be at a
25		rate, expressed as a percentage of salary, equal to the total
26		employer's normal cost, expressed as a percentage of payroll,

HB3342 Enrolled - 737 - LRB100 08528 SMS 18653 b
1		as determined by the System. Employer contributions, based on
2		salary paid to members from federal funds, may be forwarded by
3		the distributing agency of the State of Illinois to the System
4		prior to allocation, in an amount determined in accordance with
5		guidelines established by such agency and the System. Any
6		contribution for fiscal year 2015 collected as a result of the
7		change made by Public Act 98-674 this amendatory Act of the
8		98th General Assembly shall be considered a State contribution
9		under subsection (b-3) of this Section.
10		(d) Effective July 1, 1986, any employer of a teacher as
11		defined in paragraph (8) of Section 16-106 shall pay the
12		employer's normal cost of benefits based upon the teacher's
13		service, in addition to employee contributions, as determined
14		by the System. Such employer contributions shall be forwarded
15		monthly in accordance with guidelines established by the
16		System.
17		However, with respect to benefits granted under Section
18		16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
19		of Section 16-106, the employer's contribution shall be 12%
20		(rather than 20%) of the member's highest annual salary rate
21		for each year of creditable service granted, and the employer
22		shall also pay the required employee contribution on behalf of
23		the teacher. For the purposes of Sections 16-133.4 and
24		16-133.5, a teacher as defined in paragraph (8) of Section
25		16-106 who is serving in that capacity while on leave of
26		absence from another employer under this Article shall not be

HB3342 Enrolled - 738 - LRB100 08528 SMS 18653 b
1		considered an employee of the employer from which the teacher
2		is on leave.
3		(e) Beginning July 1, 1998, every employer of a teacher
4		shall pay to the System an employer contribution computed as
5		follows:
6		(1) Beginning July 1, 1998 through June 30, 1999, the
7		employer contribution shall be equal to 0.3% of each
8		teacher's salary.
9		(2) Beginning July 1, 1999 and thereafter, the employer
10		contribution shall be equal to 0.58% of each teacher's
11		salary.
12		The school district or other employing unit may pay these
13		employer contributions out of any source of funding available
14		for that purpose and shall forward the contributions to the
15		System on the schedule established for the payment of member
16		contributions.
17		These employer contributions are intended to offset a
18		portion of the cost to the System of the increases in
19		retirement benefits resulting from Public Act 90-582 this
20		amendatory Act of 1998.
21		Each employer of teachers is entitled to a credit against
22		the contributions required under this subsection (e) with
23		respect to salaries paid to teachers for the period January 1,
24		2002 through June 30, 2003, equal to the amount paid by that
25		employer under subsection (a-5) of Section 6.6 of the State
26		Employees Group Insurance Act of 1971 with respect to salaries

HB3342 Enrolled - 739 - LRB100 08528 SMS 18653 b
1		paid to teachers for that period.
2		The additional 1% employee contribution required under
3		Section 16-152 by Public Act 90-582 this amendatory Act of 1998
4		is the responsibility of the teacher and not the teacher's
5		employer, unless the employer agrees, through collective
6		bargaining or otherwise, to make the contribution on behalf of
7		the teacher.
8		If an employer is required by a contract in effect on May
9		1, 1998 between the employer and an employee organization to
10		pay, on behalf of all its full-time employees covered by this
11		Article, all mandatory employee contributions required under
12		this Article, then the employer shall be excused from paying
13		the employer contribution required under this subsection (e)
14		for the balance of the term of that contract. The employer and
15		the employee organization shall jointly certify to the System
16		the existence of the contractual requirement, in such form as
17		the System may prescribe. This exclusion shall cease upon the
18		termination, extension, or renewal of the contract at any time
19		after May 1, 1998.
20		(f) For school years beginning on or after June 1, 2005 and
21		before July 1, 2018 and for salary paid to a teacher under a
22		contract or collective bargaining agreement entered into,
23		amended, or renewed before the effective date of this
24		amendatory Act of the 100th General Assembly, if If the amount
25		of a teacher's salary for any school year used to determine
26		final average salary exceeds the member's annual full-time

HB3342 Enrolled - 740 - LRB100 08528 SMS 18653 b
1		salary rate with the same employer for the previous school year
2		by more than 6%, the teacher's employer shall pay to the
3		System, in addition to all other payments required under this
4		Section and in accordance with guidelines established by the
5		System, the present value of the increase in benefits resulting
6		from the portion of the increase in salary that is in excess of
7		6%. This present value shall be computed by the System on the
8		basis of the actuarial assumptions and tables used in the most
9		recent actuarial valuation of the System that is available at
10		the time of the computation. If a teacher's salary for the
11		2005-2006 school year is used to determine final average salary
12		under this subsection (f), then the changes made to this
13		subsection (f) by Public Act 94-1057 shall apply in calculating
14		whether the increase in his or her salary is in excess of 6%.
15		For the purposes of this Section, change in employment under
16		Section 10-21.12 of the School Code on or after June 1, 2005
17		shall constitute a change in employer. The System may require
18		the employer to provide any pertinent information or
19		documentation. The changes made to this subsection (f) by
20		Public Act 94-1111 this amendatory Act of the 94th General
21		Assembly apply without regard to whether the teacher was in
22		service on or after its effective date.
23		Whenever it determines that a payment is or may be required
24		under this subsection, the System shall calculate the amount of
25		the payment and bill the employer for that amount. The bill
26		shall specify the calculations used to determine the amount

HB3342 Enrolled - 741 - LRB100 08528 SMS 18653 b
1		due. If the employer disputes the amount of the bill, it may,
2		within 30 days after receipt of the bill, apply to the System
3		in writing for a recalculation. The application must specify in
4		detail the grounds of the dispute and, if the employer asserts
5		that the calculation is subject to subsection (g) or (h) of
6		this Section or that subsection (f-1) of this Section applies,
7		must include an affidavit setting forth and attesting to all
8		facts within the employer's knowledge that are pertinent to the
9		applicability of that subsection. Upon receiving a timely
10		application for recalculation, the System shall review the
11		application and, if appropriate, recalculate the amount due.
12		The employer contributions required under this subsection
13		(f) may be paid in the form of a lump sum within 90 days after
14		receipt of the bill. If the employer contributions are not paid
15		within 90 days after receipt of the bill, then interest will be
16		charged at a rate equal to the System's annual actuarially
17		assumed rate of return on investment compounded annually from
18		the 91st day after receipt of the bill. Payments must be
19		concluded within 3 years after the employer's receipt of the
20		bill.
21		(f-1) For school years beginning on or after July 1, 2018
22		and for salary paid to a teacher under a contract or collective
23		bargaining agreement entered into, amended, or renewed on or
24		after the effective date of this amendatory Act of the 100th
25		General Assembly, if the amount of a teacher's salary for any
26		school year used to determine final average salary exceeds the

HB3342 Enrolled - 742 - LRB100 08528 SMS 18653 b
1		member's annual full-time salary rate with the same employer
2		for the previous school year by more than 3%, then the
3		teacher's employer shall pay to the System, in addition to all
4		other payments required under this Section and in accordance
5		with guidelines established by the System, the present value of
6		the increase in benefits resulting from the portion of the
7		increase in salary that is in excess of 3%. This present value
8		shall be computed by the System on the basis of the actuarial
9		assumptions and tables used in the most recent actuarial
10		valuation of the System that is available at the time of the
11		computation. The System may require the employer to provide any
12		pertinent information or documentation.
13		Whenever it determines that a payment is or may be required
14		under this subsection (f-1), the System shall calculate the
15		amount of the payment and bill the employer for that amount.
16		The bill shall specify the calculations used to determine the
17		amount due. If the employer disputes the amount of the bill, it
18		shall, within 30 days after receipt of the bill, apply to the
19		System in writing for a recalculation. The application must
20		specify in detail the grounds of the dispute and, if the
21		employer asserts that subsection (f) of this Section applies,
22		must include an affidavit setting forth and attesting to all
23		facts within the employer's knowledge that are pertinent to the
24		applicability of subsection (f). Upon receiving a timely
25		application for recalculation, the System shall review the
26		application and, if appropriate, recalculate the amount due.

HB3342 Enrolled - 743 - LRB100 08528 SMS 18653 b
1		The employer contributions required under this subsection
2		(f-1) may be paid in the form of a lump sum within 90 days after
3		receipt of the bill. If the employer contributions are not paid
4		within 90 days after receipt of the bill, then interest shall
5		be charged at a rate equal to the System's annual actuarially
6		assumed rate of return on investment compounded annually from
7		the 91st day after receipt of the bill. Payments must be
8		concluded within 3 years after the employer's receipt of the
9		bill.
10		(g) This subsection (g) applies only to payments made or
11		salary increases given on or after June 1, 2005 but before July
12		1, 2011. The changes made by Public Act 94-1057 shall not
13		require the System to refund any payments received before July
14		31, 2006 (the effective date of Public Act 94-1057).
15		When assessing payment for any amount due under subsection
16		(f), the System shall exclude salary increases paid to teachers
17		under contracts or collective bargaining agreements entered
18		into, amended, or renewed before June 1, 2005.
19		When assessing payment for any amount due under subsection
20		(f), the System shall exclude salary increases paid to a
21		teacher at a time when the teacher is 10 or more years from
22		retirement eligibility under Section 16-132 or 16-133.2.
23		When assessing payment for any amount due under subsection
24		(f), the System shall exclude salary increases resulting from
25		overload work, including summer school, when the school
26		district has certified to the System, and the System has

HB3342 Enrolled - 744 - LRB100 08528 SMS 18653 b
1		approved the certification, that (i) the overload work is for
2		the sole purpose of classroom instruction in excess of the
3		standard number of classes for a full-time teacher in a school
4		district during a school year and (ii) the salary increases are
5		equal to or less than the rate of pay for classroom instruction
6		computed on the teacher's current salary and work schedule.
7		When assessing payment for any amount due under subsection
8		(f), the System shall exclude a salary increase resulting from
9		a promotion (i) for which the employee is required to hold a
10		certificate or supervisory endorsement issued by the State
11		Teacher Certification Board that is a different certification
12		or supervisory endorsement than is required for the teacher's
13		previous position and (ii) to a position that has existed and
14		been filled by a member for no less than one complete academic
15		year and the salary increase from the promotion is an increase
16		that results in an amount no greater than the lesser of the
17		average salary paid for other similar positions in the district
18		requiring the same certification or the amount stipulated in
19		the collective bargaining agreement for a similar position
20		requiring the same certification.
21		When assessing payment for any amount due under subsection
22		(f), the System shall exclude any payment to the teacher from
23		the State of Illinois or the State Board of Education over
24		which the employer does not have discretion, notwithstanding
25		that the payment is included in the computation of final
26		average salary.

HB3342 Enrolled - 745 - LRB100 08528 SMS 18653 b
1		(h) When assessing payment for any amount due under
2		subsection (f), the System shall exclude any salary increase
3		described in subsection (g) of this Section given on or after
4		July 1, 2011 but before July 1, 2014 under a contract or
5		collective bargaining agreement entered into, amended, or
6		renewed on or after June 1, 2005 but before July 1, 2011.
7		Notwithstanding any other provision of this Section, any
8		payments made or salary increases given after June 30, 2014
9		shall be used in assessing payment for any amount due under
10		subsection (f) of this Section.
11		(i) The System shall prepare a report and file copies of
12		the report with the Governor and the General Assembly by
13		January 1, 2007 that contains all of the following information:
14		(1) The number of recalculations required by the
15		changes made to this Section by Public Act 94-1057 for each
16		employer.
17		(2) The dollar amount by which each employer's
18		contribution to the System was changed due to
19		recalculations required by Public Act 94-1057.
20		(3) The total amount the System received from each
21		employer as a result of the changes made to this Section by
22		Public Act 94-4.
23		(4) The increase in the required State contribution
24		resulting from the changes made to this Section by Public
25		Act 94-1057.
26		(i-5) For school years beginning on or after July 1, 2017,

HB3342 Enrolled - 746 - LRB100 08528 SMS 18653 b
1		if the amount of a participant's salary for any school year,
2		determined on a full-time equivalent basis, exceeds the amount
3		of the salary set for the Governor, the participant's employer
4		shall pay to the System, in addition to all other payments
5		required under this Section and in accordance with guidelines
6		established by the System, an amount determined by the System
7		to be equal to the employer normal cost, as established by the
8		System and expressed as a total percentage of payroll,
9		multiplied by the amount of salary in excess of the amount of
10		the salary set for the Governor. This amount shall be computed
11		by the System on the basis of the actuarial assumptions and
12		tables used in the most recent actuarial valuation of the
13		System that is available at the time of the computation. The
14		System may require the employer to provide any pertinent
15		information or documentation.
16		Whenever it determines that a payment is or may be required
17		under this subsection, the System shall calculate the amount of
18		the payment and bill the employer for that amount. The bill
19		shall specify the calculations used to determine the amount
20		due. If the employer disputes the amount of the bill, it may,
21		within 30 days after receipt of the bill, apply to the System
22		in writing for a recalculation. The application must specify in
23		detail the grounds of the dispute. Upon receiving a timely
24		application for recalculation, the System shall review the
25		application and, if appropriate, recalculate the amount due.
26		The employer contributions required under this subsection

HB3342 Enrolled - 747 - LRB100 08528 SMS 18653 b
1		may be paid in the form of a lump sum within 90 days after
2		receipt of the bill. If the employer contributions are not paid
3		within 90 days after receipt of the bill, then interest will be
4		charged at a rate equal to the System's annual actuarially
5		assumed rate of return on investment compounded annually from
6		the 91st day after receipt of the bill. Payments must be
7		concluded within 3 years after the employer's receipt of the
8		bill.
9		(j) For purposes of determining the required State
10		contribution to the System, the value of the System's assets
11		shall be equal to the actuarial value of the System's assets,
12		which shall be calculated as follows:
13		As of June 30, 2008, the actuarial value of the System's
14		assets shall be equal to the market value of the assets as of
15		that date. In determining the actuarial value of the System's
16		assets for fiscal years after June 30, 2008, any actuarial
17		gains or losses from investment return incurred in a fiscal
18		year shall be recognized in equal annual amounts over the
19		5-year period following that fiscal year.
20		(k) For purposes of determining the required State
21		contribution to the system for a particular year, the actuarial
22		value of assets shall be assumed to earn a rate of return equal
23		to the system's actuarially assumed rate of return.
24		(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
25		revised 9-25-17.)

HB3342 Enrolled - 748 - LRB100 08528 SMS 18653 b
1		(40 ILCS 5/16-190.5 new)
2		Sec. 16-190.5. Accelerated pension benefit payment in lieu
3		of any pension benefit.
4		(a) As used in this Section:
5		"Eligible person" means a person who:
6		(1) has terminated service;
7		(2) has accrued sufficient service credit to be
8		eligible to receive a retirement annuity under this
9		Article;
10		(3) has not received any retirement annuity under this
11		Article; and
12		(4) has not made the election under Section 16-190.6.
13		"Pension benefit" means the benefits under this Article, or
14		Article 1 as it relates to those benefits, including any
15		anticipated annual increases, that an eligible person is
16		entitled to upon attainment of the applicable retirement age.
17		"Pension benefit" also includes applicable survivor's or
18		disability benefits.
19		(b) As soon as practical after the effective date of this
20		amendatory Act of the 100the General Assembly, the System shall
21		calculate, using actuarial tables and other assumptions
22		adopted by the Board, the present value of pension benefits for
23		each eligible person who requests that information and shall
24		offer each eligible person the opportunity to irrevocably elect
25		to receive an amount determined by the System to be equal to
26		60% of the present value of his or her pension benefits in lieu

HB3342 Enrolled - 749 - LRB100 08528 SMS 18653 b
1		of receiving any pension benefit. The offer shall specify the
2		dollar amount that the eligible person will receive if he or
3		she so elects and shall expire when a subsequent offer is made
4		to an eligible person. The System shall make a good faith
5		effort to contact every eligible person to notify him or her of
6		the election.
7		Until June 30, 2021, an eligible person may irrevocably
8		elect to receive an accelerated pension benefit payment in the
9		amount that the System offers under this subsection in lieu of
10		receiving any pension benefit. A person who elects to receive
11		an accelerated pension benefit payment under this Section may
12		not elect to proceed under the Retirement Systems Reciprocal
13		Act with respect to service under this Article.
14		(c) A person's creditable service under this Article shall
15		be terminated upon the person's receipt of an accelerated
16		pension benefit payment under this Section, and no other
17		benefit shall be paid under this Article based on the
18		terminated creditable service, including any retirement,
19		survivor, or other benefit; except that to the extent that
20		participation, benefits, or premiums under the State Employees
21		Group Insurance Act of 1971 are based on the amount of service
22		credit, the terminated service credit shall be used for that
23		purpose.
24		(d) If a person who has received an accelerated pension
25		benefit payment under this Section returns to active service
26		under this Article, then:

HB3342 Enrolled - 750 - LRB100 08528 SMS 18653 b
1		(1) Any benefits under the System earned as a result of
2		that return to active service shall be based solely on the
3		person's creditable service arising from the return to
4		active service.
5		(2) The accelerated pension benefit payment may not be
6		repaid to the System, and the terminated creditable service
7		may not under any circumstances be reinstated.
8		(e) As a condition of receiving an accelerated pension
9		benefit payment, the accelerated pension benefit payment must
10		be transferred into a tax qualified retirement plan or account.
11		The accelerated pension benefit payment under this Section may
12		be subject to withholding or payment of applicable taxes, but
13		to the extent permitted by federal law, a person who receives
14		an accelerated pension benefit payment under this Section must
15		direct the System to pay all of that payment as a rollover into
16		another retirement plan or account qualified under the Internal
17		Revenue Code of 1986, as amended.
18		(f) Upon receipt of a member's irrevocable election to
19		receive an accelerated pension benefit payment under this
20		Section, the System shall submit a voucher to the Comptroller
21		for payment of the member's accelerated pension benefit
22		payment. The Comptroller shall transfer the amount of the
23		voucher from the State Pension Obligation Acceleration Bond
24		Fund to the System, and the System shall transfer the amount
25		into the member's eligible retirement plan or qualified
26		account.

HB3342 Enrolled - 751 - LRB100 08528 SMS 18653 b
1		(g) The Board shall adopt any rules, including emergency
2		rules, necessary to implement this Section.
3		(h) No provision of this amendatory Act of the 100th
4		General Assembly shall be interpreted in a way that would cause
5		the applicable System to cease to be a qualified plan under the
6		Internal Revenue Code of 1986.
7		(40 ILCS 5/16-190.6 new)
8		Sec. 16-190.6. Accelerated pension benefit payment for a
9		reduction in annual retirement annuity and survivor's annuity
10		increases.
11		(a) As used in this Section:
12		"Accelerated pension benefit payment" means a lump sum
13		payment equal to 70% of the difference of the present value of
14		the automatic annual increases to a Tier 1 member's retirement
15		annuity and survivor's annuity using the formula applicable to
16		the Tier 1 member and the present value of the automatic annual
17		increases to the Tier 1 member's retirement annuity using the
18		formula provided under subsection (b-5) and the survivor's
19		annuity using the formula provided under subsection (b-6).
20		"Eligible person" means a person who:
21		(1) is a Tier 1 member;
22		(2) has submitted an application for a retirement
23		annuity under this Article;
24		(3) meets the age and service requirements for
25		receiving a retirement annuity under this Article;

HB3342 Enrolled - 752 - LRB100 08528 SMS 18653 b
1		(4) has not received any retirement annuity under this
2		Article; and
3		(5) has not made the election under Section 16-190.5.
4		(b) As soon as practical after the effective date of this
5		amendatory Act of the 100th General Assembly and until June 30,
6		2021, the System shall implement an accelerated pension benefit
7		payment option for eligible persons. Upon the request of an
8		eligible person, the System shall calculate, using actuarial
9		tables and other assumptions adopted by the Board, an
10		accelerated pension benefit payment amount and shall offer that
11		eligible person the opportunity to irrevocably elect to have
12		his or her automatic annual increases in retirement annuity
13		calculated in accordance with the formula provided under
14		subsection (b-5) and any increases in survivor's annuity
15		payable to his or her survivor's annuity beneficiary calculated
16		in accordance with the formula provided under subsection (b-6)
17		in exchange for the accelerated pension benefit payment. The
18		election under this subsection must be made before the eligible
19		person receives the first payment of a retirement annuity
20		otherwise payable under this Article.
21		(b-5) Notwithstanding any other provision of law, the
22		retirement annuity of a person who made the election under
23		subsection (b) shall be subject to annual increases on the
24		January 1 occurring either on or after the attainment of age 67
25		or the first anniversary of the annuity start date, whichever
26		is later. Each annual increase shall be calculated at 1.5% of

HB3342 Enrolled - 753 - LRB100 08528 SMS 18653 b
1		the originally granted retirement annuity.
2		(b-6) Notwithstanding any other provision of law, a
3		survivor's annuity payable to a survivor's annuity beneficiary
4		of a person who made the election under subsection (b) shall be
5		subject to annual increases on the January 1 occurring on or
6		after the first anniversary of the commencement of the annuity.
7		Each annual increase shall be calculated at 1.5% of the
8		originally granted survivor's annuity.
9		(c) If a person who has received an accelerated pension
10		benefit payment returns to active service under this Article,
11		then:
12		(1) the calculation of any future automatic annual
13		increase in retirement annuity shall be calculated in
14		accordance with the formula provided in subsection (b-5);
15		and
16		(2) the accelerated pension benefit payment may not be
17		repaid to the System.
18		(d) As a condition of receiving an accelerated pension
19		benefit payment, the accelerated pension benefit payment must
20		be transferred into a tax qualified retirement plan or account.
21		The accelerated pension benefit payment under this Section may
22		be subject to withholding or payment of applicable taxes, but
23		to the extent permitted by federal law, a person who receives
24		an accelerated pension benefit payment under this Section must
25		direct the System to pay all of that payment as a rollover into
26		another retirement plan or account qualified under the Internal

HB3342 Enrolled - 754 - LRB100 08528 SMS 18653 b
1		Revenue Code of 1986, as amended.
2		(d-5) Upon receipt of a member's irrevocable election to
3		receive an accelerated pension benefit payment under this
4		Section, the System shall submit a voucher to the Comptroller
5		for payment of the member's accelerated pension benefit
6		payment. The Comptroller shall transfer the amount of the
7		voucher from the State Pension Obligation Acceleration Bond
8		Fund to the System, and the System shall transfer the amount
9		into the member's eligible retirement plan or qualified
10		account.
11		(e) The Board shall adopt any rules, including emergency
12		rules, necessary to implement this Section.
13		(f) No provision of this Section shall be interpreted in a
14		way that would cause the applicable System to cease to be a
15		qualified plan under the Internal Revenue Code of 1986.
16		(40 ILCS 5/16-203)
17		Sec. 16-203. Application and expiration of new benefit
18		increases.
19		(a) As used in this Section, "new benefit increase" means
20		an increase in the amount of any benefit provided under this
21		Article, or an expansion of the conditions of eligibility for
22		any benefit under this Article, that results from an amendment
23		to this Code that takes effect after June 1, 2005 (the
24		effective date of Public Act 94-4). "New benefit increase",
25		however, does not include any benefit increase resulting from

HB3342 Enrolled - 755 - LRB100 08528 SMS 18653 b
1		the changes made to Article 1 or this Article by Public Act
2		95-910, Public Act 100-23, or this amendatory Act of the 100th
3		General Assembly or this amendatory Act of the 100th General
4		Assembly.
5		(b) Notwithstanding any other provision of this Code or any
6		subsequent amendment to this Code, every new benefit increase
7		is subject to this Section and shall be deemed to be granted
8		only in conformance with and contingent upon compliance with
9		the provisions of this Section.
10		(c) The Public Act enacting a new benefit increase must
11		identify and provide for payment to the System of additional
12		funding at least sufficient to fund the resulting annual
13		increase in cost to the System as it accrues.
14		Every new benefit increase is contingent upon the General
15		Assembly providing the additional funding required under this
16		subsection. The Commission on Government Forecasting and
17		Accountability shall analyze whether adequate additional
18		funding has been provided for the new benefit increase and
19		shall report its analysis to the Public Pension Division of the
20		Department of Insurance. A new benefit increase created by a
21		Public Act that does not include the additional funding
22		required under this subsection is null and void. If the Public
23		Pension Division determines that the additional funding
24		provided for a new benefit increase under this subsection is or
25		has become inadequate, it may so certify to the Governor and
26		the State Comptroller and, in the absence of corrective action

HB3342 Enrolled - 756 - LRB100 08528 SMS 18653 b
1		by the General Assembly, the new benefit increase shall expire
2		at the end of the fiscal year in which the certification is
3		made.
4		(d) Every new benefit increase shall expire 5 years after
5		its effective date or on such earlier date as may be specified
6		in the language enacting the new benefit increase or provided
7		under subsection (c). This does not prevent the General
8		Assembly from extending or re-creating a new benefit increase
9		by law.
10		(e) Except as otherwise provided in the language creating
11		the new benefit increase, a new benefit increase that expires
12		under this Section continues to apply to persons who applied
13		and qualified for the affected benefit while the new benefit
14		increase was in effect and to the affected beneficiaries and
15		alternate payees of such persons, but does not apply to any
16		other person, including without limitation a person who
17		continues in service after the expiration date and did not
18		apply and qualify for the affected benefit while the new
19		benefit increase was in effect.
20		(Source: P.A. 100-23, eff. 7-6-17.)
21		(40 ILCS 5/14-103.40 rep.)
22		(40 ILCS 5/16-106.4 rep.)
23		Section 110-25. The Illinois Pension Code is amended by
24		repealing Sections 14-103.40 and 16-106.4.

HB3342 Enrolled - 757 - LRB100 08528 SMS 18653 b
1		Section 110-30. The State Pension Funds Continuing
2		Appropriation Act is amended by adding Section 1.9 as follows:
3		(40 ILCS 15/1.9 new)
4		Sec. 1.9. Appropriations for State Pension Obligation
5		Acceleration Bonds. If for any reason the aggregate
6		appropriations made available are insufficient to meet the
7		levels required for the payment of principal and interest due
8		on State Pension Obligation Acceleration Bonds under Section
9		7.7 of the General Obligation Bond Act, this Section shall
10		constitute a continuing appropriation of all amounts necessary
11		for those purposes.
12		ARTICLE 115. STATE TREASURER
13		Section 115-5. The State Treasurer Act is amended by
14		changing Section 20 as follows:
15		(15 ILCS 505/20)
16		Sec. 20. State Treasurer administrative charge. The State
17		Treasurer may retain an administrative charge for both the
18		costs of services associated with the deposit of moneys that
19		are remitted directly to the State Treasurer and the investment
20		or safekeeping of funds by the State Treasurer. The
21		administrative charges charge collected under this Section
22		shall be deposited into the State Treasurer's Administrative

HB3342 Enrolled - 758 - LRB100 08528 SMS 18653 b
1		Fund. The amount of the administrative charges charge may be
2		determined by the State Treasurer. Administrative charges from
3		the deposit of moneys remitted directly to the State Treasurer
4		and shall not exceed 2% of the amount deposited. Administrative
5		charges from the investment or safekeeping of funds by the
6		State Treasurer shall be charged no more than monthly and the
7		total amount charged per fiscal year shall not exceed
8		$12,000,000 plus any amounts required as employer
9		contributions under Section 14-131 of the Illinois Pension Code
10		and Section 10 of the State Employees Group Insurance Act of
11		1971.
12		Administrative charges for the deposit of moneys This
13		Section shall apply to fines, fees, or other amounts remitted
14		directly to the State Treasurer by circuit clerks, county
15		clerks, and other entities for deposit into a fund in the State
16		treasury. Administrative charges for the deposit of moneys do
17		This Section does not apply to amounts remitted by State
18		agencies or certified collection specialists as defined in 74
19		Ill. Admin. Code 1200.50. Administrative charges for the
20		deposit of moneys This Section shall apply only to any form of
21		fines, fees, or other collections created on or after August
22		15, 2014 (the effective date of Public Act 98-965) this
23		amendatory Act of the 98th General Assembly.
24		Moneys in the State Treasurer's Administrative Fund are
25		subject to appropriation by the General Assembly.
26		(Source: P.A. 98-965, eff. 8-15-14.)

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1		Section 115-10. The State Treasurer's Bank Services Trust
2		Fund Act is amended by changing Section 10 as follows:
3		(30 ILCS 212/10)
4		Sec. 10. Creation of Fund. There is hereby created in the
5		State treasury a special fund to be known as the State
6		Treasurer's Bank Services Trust Fund. Moneys deposited in the
7		Fund shall be used by the State Treasurer to pay the cost of
8		the following banking services: processing of payments of
9		taxes, fees, and other moneys due the State; transactional,
10		technological, consultant, and legal service charges, and
11		other operational expenses of the State Treasurer's Office
12		related to the investment or safekeeping of funds under the
13		Treasurer's control; and the cost of paying bondholders and
14		legal services under the State's general obligation bond
15		program.
16		(Source: P.A. 98-909, eff. 8-15-14.)
17		ARTICLE 120. NATURAL DISASTER CREDIT
18		Section 120-5. The Illinois Income Tax Act is amended by
19		changing Section 226 as follows:
20		(35 ILCS 5/226)
21		Sec. 226. Natural disaster credit.

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1		(a) For taxable years that begin on or after January 1,
2		2017 and begin prior to January 1, 2019 2018, each taxpayer who
3		owns qualified real property located in a county in Illinois
4		that was declared a State disaster area by the Governor due to
5		flooding in 2017 or 2018 is entitled to a credit against the
6		taxes imposed by subsections (a) and (b) of Section 201 of this
7		Act in an amount equal to the lesser of $750 or the deduction
8		allowed (whether or not the taxpayer determines taxable income
9		under subsection (b) of Section 63 of the Internal Revenue
10		Code) with respect to the qualified property under Section 165
11		of the Internal Revenue Code, determined without regard to the
12		limitations imposed under subsection (h) of that Section. The
13		township assessor or, if the township assessor is unable, the
14		chief county assessment officer of the county in which the
15		property is located, shall issue a certificate to the taxpayer
16		identifying the taxpayer's property as damaged as a result of
17		the natural disaster. The certificate shall include the name
18		and address of the property owner, as well as the property
19		index number or permanent index number (PIN) of the damaged
20		property. The taxpayer shall attach a copy of such certificate
21		to the taxpayer's return for the taxable year for which the
22		credit is allowed.
23		(b) In no event shall a credit under this Section reduce a
24		taxpayer's liability to less than zero. If the amount of credit
25		exceeds the tax liability for the year, the excess may be
26		carried forward and applied to the tax liability for the 5

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1		taxable years following the excess credit year. The tax credit
2		shall be applied to the earliest year for which there is a tax
3		liability. If there are credits for more than one year that are
4		available to offset liability, the earlier credit shall be
5		applied first.
6		(c) If the taxpayer is a partnership or Subchapter S
7		corporation, the credit shall be allowed to the partners or
8		shareholders in accordance with the determination of income and
9		distributive share of income under Sections 702 and 704 and
10		Subchapter S of the Internal Revenue Code.
11		(d) A taxpayer is not entitled to the credit under this
12		Section if the taxpayer receives a Natural Disaster Homestead
13		Exemption under Section 15-173 of the Property Tax Code with
14		respect to the qualified real property as a result of the
15		natural disaster.
16		(e) The township assessor or, if the township assessor is
17		unable to certify, the chief county assessment officer of the
18		county in which the property is located, shall certify to the
19		Department a listing of the properties located within the
20		county that have been damaged as a result of the natural
21		disaster (including the name and address of the property owner
22		and the property index number or permanent index number (PIN)
23		of each damage property).
24		(f) As used in this Section:
25		(1) "Qualified real property" means real property that
26		is: (i) the taxpayer's principal residence or owned by a

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1		small business; (ii) damaged during the taxable year as a
2		result of a disaster; and (iii) not used in a rental or
3		leasing business.
4		(2) "Small business" has the meaning given to that term
5		in Section 1-75 of the Illinois Administrative Procedure
6		Act.
7		(Source: P.A. 100-555, eff. 11-16-17.)
8		ARTICLE 999. MISCELLANEOUS PROVISIONS
9		Section 999-90. The State Mandates Act is amended by adding
10		Section 8.42 as follows:
11		(30 ILCS 805/8.42 new)
12		Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
13		of this Act, no reimbursement by the State is required for the
14		implementation of any mandate created by this amendatory Act of
15		the 100th General Assembly.
16		Section 999-95. No acceleration or delay. Where this Act
17		makes changes in a statute that is represented in this Act by
18		text that is not yet or no longer in effect (for example, a
19		Section represented by multiple versions), the use of that text
20		does not accelerate or delay the taking effect of (i) the
21		changes made by this Act or (ii) provisions derived from any
22		other Public Act.

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