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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
5		Section 1-1. Short title. This Act may be cited as the
6		Second FY 2023 Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		additional changes in State programs that are necessary to
9		implement the State budget for Fiscal Year 2023 and subsequent
10		fiscal years.
11		ARTICLE 3
12		Section 3-1. Short title. This Article may be cited as the
13		Warehouse Safety Standards Task Force Act. As used in this
14		Article, "this Act" refers to this Article.
15		Section 3-5. The Warehouse Safety Standards Task Force.
16		(a) The Warehouse Safety Standards Task Force is created
17		to study warehouse safety standards. The Task Force shall
18		consist of the following members:
19		(1) 2 members of the House of Representatives,

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1		appointed by the Speaker of the House of Representatives;
2		(2) 2 members of the House of Representatives,
3		appointed by the Minority Leader of the House of
4		Representatives;
5		(3) 2 members of the Senate, appointed by the
6		President of the Senate;
7		(4) 2 members of the Senate, appointed by the Minority
8		Leader of the Senate;
9		(5) one representative of an entity representing
10		retail merchants, appointed by the Governor;
11		(6) one representative of an entity representing
12		manufacturers, appointed by the Governor;
13		(7) one representative of an entity representing
14		mayors, appointed by the Governor;
15		(8) one representative of the State Chamber of
16		Commerce, appointed by the Governor;
17		(9) one representative of the American Federation of
18		Labor and Congress of Industrial Organizations, appointed
19		by the Governor;
20		(10) one representative of a labor union representing
21		warehouse workers, appointed by the Governor;
22		(11) one representative of a worker advocacy
23		organization representing warehouse workers, appointed by
24		the Governor; and
25		(12) the Director of Labor or his or her designee, who
26		shall serve as the ex officio chair.

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1		(b) The members of the Task Force shall serve without
2		compensation.
3		(c) The Department of Labor shall provide administrative
4		support to the Task Force.
5		Section 3-10. Reports. The Task Force must provide
6		quarterly updates of its findings, discussions, and decisions
7		to the Governor and the General Assembly. The Task Force shall
8		submit a final report of its recommendations to the Governor
9		and the General Assembly no later than January 1, 2025.
10		Section 3-90. Repeal. The Task Force is dissolved and this
11		Act is repealed on January 1, 2026.
12		ARTICLE 5
13		Section 5-5. The Illinois Administrative Procedure Act is
14		amended by adding Section 5-45.35 as follows:
15		(5 ILCS 100/5-45.35 new)
16		Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias
17		Incident Prevention and Response Fund and Local Chambers of
18		Commerce Recovery Grants. To provide for the expeditious and
19		timely implementation of this amendatory Act of the 102nd
20		General Assembly, emergency rules implementing Section 6z-138
21		of the State Finance Act may be adopted in accordance with

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1		Section 5-45 by the Department of Human Rights and emergency
2		rules implementing Section 605-1105 of the Department of
3		Commerce and Economic Opportunity Law of the Civil
4		Administrative Code of Illinois may be adopted in accordance
5		with Section 5-45 by the Department of Commerce and Economic
6		Opportunity. The adoption of emergency rules authorized by
7		Section 5-45 and this Section is deemed to be necessary for the
8		public interest, safety, and welfare.
9		This Section is repealed one year after the effective date
10		of this amendatory Act of the 102nd General Assembly.
11		Section 5-10. The State Employees Group Insurance Act of
12		1971 is amended by changing Section 11 as follows:
13		(5 ILCS 375/11) (from Ch. 127, par. 531)
14		Sec. 11. The amount of contribution in any fiscal year
15		from funds other than the General Revenue Fund or the Road Fund
16		shall be at the same contribution rate as the General Revenue
17		Fund or the Road Fund except that, in State Fiscal Year 2009,
18		no contributions shall be required from the FY09 Budget Relief
19		Fund. Contributions and payments for life insurance shall be
20		deposited in the Group Insurance Premium Fund. Contributions
21		and payments for health coverages and other benefits shall be
22		deposited in the Health Insurance Reserve Fund. Federal funds
23		which are available for cooperative extension purposes shall
24		also be charged for the contributions which are made for

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1		retired employees formerly employed in the Cooperative
2		Extension Service. In the case of departments or any division
3		thereof receiving a fraction of its requirements for
4		administration from the Federal Government, the contributions
5		hereunder shall be such fraction of the amount determined
6		under the provisions hereof and the remainder shall be
7		contributed by the State.
8		Every department which has members paid from funds other
9		than the General Revenue Fund shall cooperate with the
10		Department of Central Management Services and the Governor's
11		Office of Management and Budget in order to assure that the
12		specified proportion of the State's cost for group life
13		insurance, the program of health benefits and other employee
14		benefits is paid by such funds; except that contributions
15		under this Act need not be paid from any other fund where both
16		the Director of Central Management Services and the Director
17		of the Governor's Office of Management and Budget have
18		designated in writing that the necessary contributions are
19		included in the General Revenue Fund contribution amount.
20		Universities having employees who are totally compensated
21		out of the following funds or sources are not required to
22		submit the contribution described in this Section for such
23		employees:
24		(1) income funds, as described in Sections 6a-1,
25		6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
26		the State Finance Act, including tuition, laboratory, and

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1		library fees and any interest earned on those fees Income
2		Funds;
3		(2) local auxiliary funds, as described in the
4		Legislative Audit Commission's University Guidelines, as
5		published on November 17, 2020, including the following:
6		(i) funds from auxiliary enterprises, which are
7		operations that support the overall objectives of the
8		university but are not directly related to
9		instruction, research, or service organizational
10		units;
11		(ii) funds from auxiliary activities, which are
12		functions that are self-supporting, in whole or in
13		part, and are directly related to instruction,
14		research, or service units; Local auxiliary funds; and
15		(3) the Agricultural Premium Fund as established by
16		Section 5.01 of the State Finance Act;
17		(4) appropriations from the General Revenue Fund,
18		Education Assistance Fund, or other State appropriations
19		that are made for the purposes of instruction, research,
20		public service, or economic development;
21		(5) funds to the University of Illinois Hospital for
22		health care professional services that are performed by
23		University of Illinois faculty or University of Illinois
24		health care programs established under the University of
25		Illinois Hospital Act; or
26		(6) funds designated for the Cooperative Extension

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1		Service, as defined in Section 3 of the County Cooperative
2		Extension Law.
3		shall not be required to submit such contribution for such
4		employees.
5		If an employee of a university is partially compensated
6		from the funds or sources of funds identified in paragraphs
7		(1) through (6) above, universities shall be required to
8		submit a pro rata contribution for the portion of the
9		employee's compensation that is derived out of funds or
10		sources other than those identified in paragraphs (1) through
11		(6) above.
12		The Department of Central Management Services may conduct
13		a post-payment review of university reimbursements to assess
14		or address any discrepancies. Universities shall cooperate
15		with the Department of Central Management Services during any
16		post-payment review, that may require universities to provide
17		documentation to support payment calculations or funding
18		sources used for calculating reimbursements. The Department of
19		Central Management Services reserves the right to reconcile
20		any discrepancies in reimbursement subtotals or total
21		obligations and to notify universities of all final
22		reconciliations, which shall include the Department of Central
23		Management Services calculations and the amount of any credits
24		or obligations that may be due.
25		For each employee of the Illinois Toll Highway Authority
26		person covered under this Act whose eligibility for such

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1		coverage is as an annuitant based upon the person's status as
2		the recipient of a benefit under the Illinois Pension Code,
3		which benefit is based in whole or in part upon service with
4		the Toll Highway Authority, the Authority shall annually
5		contribute an amount, as determined by the Director of the
6		Department of Central Management Services, that represents the
7		average employer's share of the cost of retiree coverage per
8		participating employee in the State Employees Group Insurance
9		Program a pro rata share of the State's cost for the benefits
10		of that person.
11		(Source: P.A. 102-1071, eff. 6-10-22.)
12		Section 5-12. The Children and Family Services Act is
13		amended by adding Section 45 as follows:
14		(20 ILCS 505/45 new)
15		Sec. 45. Title IV-E funds for legal services to foster
16		youth and families.
17		(a) Findings and purpose. The General Assembly finds the
18		following:
19		(1) Child welfare court proceedings are serious and
20		life changing. Children and youth are subject to court
21		decisions that may forever change their family
22		composition, as well as their connections to culture and
23		heritage.
24		(2) The gravity of child welfare proceedings and the

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1		rights and liabilities at stake necessitate the provision
2		of quality legal representation for children and youth
3		throughout the duration of child welfare proceedings.
4		(3) Legal representation serves to protect and advance
5		the interests of children and youth in court and provides
6		confidential attorney-client privilege to ensure children
7		feel safe sharing with attorneys information that
8		otherwise may go unvoiced.
9		(4) As the agency responsible for administering the
10		State's approved Title IV-E State Plan, the Department of
11		Children and Family Services is the only State agency with
12		the authority to seek federal matching funds under Title
13		IV-E of the Social Security Act for children who are
14		candidates for foster care, children who are in foster
15		care, and parents who are participating in foster care
16		legal proceedings.
17		(5) It is the intent of the General Assembly to ensure
18		the Department leverages and maximizes federal resources
19		to support the provision of quality legal representation
20		to children and families to improve outcomes in the child
21		welfare system.
22		(b) Definitions. As used in this Section:
23		"Child's lawyer" means a lawyer who is appointed by the
24		court to serve as a child's lawyer in a proceeding pending
25		under Article II of the Juvenile Court Act of 1987 in
26		accordance with the duties prescribed by State statute, court

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1		rules, standards of practice, and the Illinois Rules of
2		Professional Conduct, including, but not limited to,
3		diligence, communication, confidentiality, and the
4		responsibilities to zealously assert the client's position
5		under the rules of the adversary system and to abide by the
6		client's decisions concerning the objectives of
7		representation, as provided for in the Illinois Rules of
8		Professional Conduct.
9		"Respondent's lawyer" means a lawyer who provides legal
10		representation to a parent, guardian, legal custodian, or
11		responsible relative who is named as a party-respondent in a
12		proceeding pending under Article II of the Juvenile Court Act
13		of 1987 in accordance with the duties prescribed by State
14		statute, court rules, standards of practice, and the Illinois
15		Rules of Professional Conduct, including, but not limited to,
16		diligence, communication, confidentiality, and the
17		responsibilities to zealously assert the client's position
18		under the rules of the adversary system and to abide by the
19		client's decisions concerning the objectives of
20		representation, as provided for in the Illinois Rules of
21		Professional Conduct.
22		(c) The Department shall pursue claiming Title IV-E
23		administrative costs for independent legal representation by
24		an attorney for a child who is a candidate for Title IV-E
25		foster care, or who is in foster care, and the child's parent
26		to prepare for and participate in all stages of foster care

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1		legal proceedings. Federal reimbursements for these
2		administrative costs must be deposited into the Due Process
3		for Youth and Families Fund created under subsection (d).
4		(d) The Due Process for Youth and Families Fund is created
5		as a special fund in the State treasury. The Fund shall consist
6		of any moneys appropriated to the Department from federal
7		Title IV-E reimbursements for administrative costs as
8		described in subsection (c) and any other moneys deposited
9		into the Fund in accordance with this Section. Subject to
10		appropriation, moneys in the Fund shall be disbursed for fees
11		and costs incurred by organizations or law practitioners that
12		provide services as a child's lawyer or respondent's lawyer as
13		those terms are defined in subsection (b) and for no other
14		purpose. All interest earned on moneys in the Fund shall be
15		deposited into the Fund. The Department and the State
16		Treasurer may accept funds as provided under Title IV-E of the
17		Social Security Act for deposit into the Fund. Annual requests
18		for appropriations for the purpose of providing independent
19		legal representation under this Section shall be made in
20		separate and distinct line-items.
21		(e) Units of local government and public and private
22		agencies may apply for and receive federal or State funds from
23		the Department in accordance with the purposes of this
24		Section.
25		Section 5-13. The Department of Commerce and Economic

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1		Opportunity Law of the Civil Administrative Code of Illinois
2		is amended by adding Section 605-1105 as follows:
3		(20 ILCS 605/605-1105 new)
4		Sec. 605-1105. Local chambers of commerce recovery grants.
5		(a) Upon receipt or availability of the State or federal
6		funds described in subsection (b), and subject to
7		appropriation of those funds for the purposes described in
8		this Section, the Department of Commerce and Economic
9		Opportunity shall establish a program to award grants to local
10		chambers of commerce. The Department shall award an aggregate
11		amount of $5,000,000 in grants under this Section to eligible
12		chambers of commerce. Each eligible chamber of commerce that
13		applies to the Department for a grant under this Section shall
14		certify to the Department the difference between the chamber
15		of commerce's total annual revenue in calendar year 2019 and
16		the chamber of commerce's total annual revenue in calendar
17		year 2020. The maximum amount that may be awarded to any
18		eligible chamber of commerce during the first round of grants
19		is one-sixth of the certified amount. In determining grant
20		amounts awarded under this Act, the Department may consider
21		any awards that the chamber of commerce has received from the
22		Back to Business Grant Program or the Business Interruption
23		Grant Program. If the entire amount of moneys appropriated for
24		the purposes of this Section has not been allocated after a
25		first round of grants is made, the Department may award

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1		additional funds to eligible chambers of commerce from the
2		remaining funds. Grants awarded under this Section shall not
3		be used to make any direct lobbying expenditure, as defined in
4		subsection (c) of Section 4911 of the Internal Revenue Code,
5		or to engage in any political campaign activity described in
6		Section 501(c)(3) of the Internal Revenue Code.
7		(b) The Department may use State funds and federal funds
8		that are allocated to the State under the authority of
9		legislation passed in response to the COVID-19 pandemic to
10		provide grants under this Section. Those federal funds
11		include, but are not limited to, funds allocated to the State
12		under the American Rescue Plan Act of 2021. Any federal moneys
13		used for this purpose shall be used in accordance with the
14		federal legislation authorizing the use of those funds and
15		related federal guidance as well as any other applicable State
16		and federal laws.
17		(c) The Department may adopt any rules necessary to
18		implement and administer the grant program created by this
19		Section. The emergency rulemaking process may be used to
20		promulgate the initial rules of the program following the
21		effective date of this amendatory Act of the 102nd General
22		Assembly.
23		(d) As used in this Section, "eligible chamber of
24		commerce" means a voluntary membership, dues-paying
25		organization of business and professional persons dedicated to
26		improving the economic climate and business development of the

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1		community, area, or region in which the organization is
2		located and that:
3		(1) operates as an approved not-for-profit
4		corporation;
5		(2) is tax-exempt under Section 501(c)(3) or Section
6		501(c)(6) of the Internal Revenue Code of 1986;
7		(3) has an annual revenue of $1,000,000 or less; and
8		(4) has experienced an identifiable negative economic
9		impact resulting from or exacerbated by the public health
10		emergency or served a community disproportionately
11		impacted by a public health emergency.
12		Section 5-15. The Illinois Lottery Law is amended by
13		changing Section 9.1 as follows:
14		(20 ILCS 1605/9.1)
15		Sec. 9.1. Private manager and management agreement.
16		(a) As used in this Section:
17		"Offeror" means a person or group of persons that responds
18		to a request for qualifications under this Section.
19		"Request for qualifications" means all materials and
20		documents prepared by the Department to solicit the following
21		from offerors:
22		(1) Statements of qualifications.
23		(2) Proposals to enter into a management agreement,
24		including the identity of any prospective vendor or

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1		vendors that the offeror intends to initially engage to
2		assist the offeror in performing its obligations under the
3		management agreement.
4		"Final offer" means the last proposal submitted by an
5		offeror in response to the request for qualifications,
6		including the identity of any prospective vendor or vendors
7		that the offeror intends to initially engage to assist the
8		offeror in performing its obligations under the management
9		agreement.
10		"Final offeror" means the offeror ultimately selected by
11		the Governor to be the private manager for the Lottery under
12		subsection (h) of this Section.
13		(b) By September 15, 2010, the Governor shall select a
14		private manager for the total management of the Lottery with
15		integrated functions, such as lottery game design, supply of
16		goods and services, and advertising and as specified in this
17		Section.
18		(c) Pursuant to the terms of this subsection, the
19		Department shall endeavor to expeditiously terminate the
20		existing contracts in support of the Lottery in effect on July
21		13, 2009 (the effective date of Public Act 96-37) in
22		connection with the selection of the private manager. As part
23		of its obligation to terminate these contracts and select the
24		private manager, the Department shall establish a mutually
25		agreeable timetable to transfer the functions of existing
26		contractors to the private manager so that existing Lottery

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1		operations are not materially diminished or impaired during
2		the transition. To that end, the Department shall do the
3		following:
4		(1) where such contracts contain a provision
5		authorizing termination upon notice, the Department shall
6		provide notice of termination to occur upon the mutually
7		agreed timetable for transfer of functions;
8		(2) upon the expiration of any initial term or renewal
9		term of the current Lottery contracts, the Department
10		shall not renew such contract for a term extending beyond
11		the mutually agreed timetable for transfer of functions;
12		or
13		(3) in the event any current contract provides for
14		termination of that contract upon the implementation of a
15		contract with the private manager, the Department shall
16		perform all necessary actions to terminate the contract on
17		the date that coincides with the mutually agreed timetable
18		for transfer of functions.
19		If the contracts to support the current operation of the
20		Lottery in effect on July 13, 2009 (the effective date of
21		Public Act 96-34) are not subject to termination as provided
22		for in this subsection (c), then the Department may include a
23		provision in the contract with the private manager specifying
24		a mutually agreeable methodology for incorporation.
25		(c-5) The Department shall include provisions in the
26		management agreement whereby the private manager shall, for a

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1		fee, and pursuant to a contract negotiated with the Department
2		(the "Employee Use Contract"), utilize the services of current
3		Department employees to assist in the administration and
4		operation of the Lottery. The Department shall be the employer
5		of all such bargaining unit employees assigned to perform such
6		work for the private manager, and such employees shall be
7		State employees, as defined by the Personnel Code. Department
8		employees shall operate under the same employment policies,
9		rules, regulations, and procedures, as other employees of the
10		Department. In addition, neither historical representation
11		rights under the Illinois Public Labor Relations Act, nor
12		existing collective bargaining agreements, shall be disturbed
13		by the management agreement with the private manager for the
14		management of the Lottery.
15		(d) The management agreement with the private manager
16		shall include all of the following:
17		(1) A term not to exceed 10 years, including any
18		renewals.
19		(2) A provision specifying that the Department:
20		(A) shall exercise actual control over all
21		significant business decisions;
22		(A-5) has the authority to direct or countermand
23		operating decisions by the private manager at any
24		time;
25		(B) has ready access at any time to information
26		regarding Lottery operations;

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1		(C) has the right to demand and receive
2		information from the private manager concerning any
3		aspect of the Lottery operations at any time; and
4		(D) retains ownership of all trade names,
5		trademarks, and intellectual property associated with
6		the Lottery.
7		(3) A provision imposing an affirmative duty on the
8		private manager to provide the Department with material
9		information and with any information the private manager
10		reasonably believes the Department would want to know to
11		enable the Department to conduct the Lottery.
12		(4) A provision requiring the private manager to
13		provide the Department with advance notice of any
14		operating decision that bears significantly on the public
15		interest, including, but not limited to, decisions on the
16		kinds of games to be offered to the public and decisions
17		affecting the relative risk and reward of the games being
18		offered, so the Department has a reasonable opportunity to
19		evaluate and countermand that decision.
20		(5) A provision providing for compensation of the
21		private manager that may consist of, among other things, a
22		fee for services and a performance based bonus as
23		consideration for managing the Lottery, including terms
24		that may provide the private manager with an increase in
25		compensation if Lottery revenues grow by a specified
26		percentage in a given year.

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1		(6) (Blank).
2		(7) A provision requiring the deposit of all Lottery
3		proceeds to be deposited into the State Lottery Fund
4		except as otherwise provided in Section 20 of this Act.
5		(8) A provision requiring the private manager to
6		locate its principal office within the State.
7		(8-5) A provision encouraging that at least 20% of the
8		cost of contracts entered into for goods and services by
9		the private manager in connection with its management of
10		the Lottery, other than contracts with sales agents or
11		technical advisors, be awarded to businesses that are a
12		minority-owned business, a women-owned business, or a
13		business owned by a person with disability, as those terms
14		are defined in the Business Enterprise for Minorities,
15		Women, and Persons with Disabilities Act.
16		(9) A requirement that so long as the private manager
17		complies with all the conditions of the agreement under
18		the oversight of the Department, the private manager shall
19		have the following duties and obligations with respect to
20		the management of the Lottery:
21		(A) The right to use equipment and other assets
22		used in the operation of the Lottery.
23		(B) The rights and obligations under contracts
24		with retailers and vendors.
25		(C) The implementation of a comprehensive security
26		program by the private manager.

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1		(D) The implementation of a comprehensive system
2		of internal audits.
3		(E) The implementation of a program by the private
4		manager to curb compulsive gambling by persons playing
5		the Lottery.
6		(F) A system for determining (i) the type of
7		Lottery games, (ii) the method of selecting winning
8		tickets, (iii) the manner of payment of prizes to
9		holders of winning tickets, (iv) the frequency of
10		drawings of winning tickets, (v) the method to be used
11		in selling tickets, (vi) a system for verifying the
12		validity of tickets claimed to be winning tickets,
13		(vii) the basis upon which retailer commissions are
14		established by the manager, and (viii) minimum
15		payouts.
16		(10) A requirement that advertising and promotion must
17		be consistent with Section 7.8a of this Act.
18		(11) A requirement that the private manager market the
19		Lottery to those residents who are new, infrequent, or
20		lapsed players of the Lottery, especially those who are
21		most likely to make regular purchases on the Internet as
22		permitted by law.
23		(12) A code of ethics for the private manager's
24		officers and employees.
25		(13) A requirement that the Department monitor and
26		oversee the private manager's practices and take action

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1		that the Department considers appropriate to ensure that
2		the private manager is in compliance with the terms of the
3		management agreement, while allowing the manager, unless
4		specifically prohibited by law or the management
5		agreement, to negotiate and sign its own contracts with
6		vendors.
7		(14) A provision requiring the private manager to
8		periodically file, at least on an annual basis,
9		appropriate financial statements in a form and manner
10		acceptable to the Department.
11		(15) Cash reserves requirements.
12		(16) Procedural requirements for obtaining the prior
13		approval of the Department when a management agreement or
14		an interest in a management agreement is sold, assigned,
15		transferred, or pledged as collateral to secure financing.
16		(17) Grounds for the termination of the management
17		agreement by the Department or the private manager.
18		(18) Procedures for amendment of the agreement.
19		(19) A provision requiring the private manager to
20		engage in an open and competitive bidding process for any
21		procurement having a cost in excess of $50,000 that is not
22		a part of the private manager's final offer. The process
23		shall favor the selection of a vendor deemed to have
24		submitted a proposal that provides the Lottery with the
25		best overall value. The process shall not be subject to
26		the provisions of the Illinois Procurement Code, unless

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1		specifically required by the management agreement.
2		(20) The transition of rights and obligations,
3		including any associated equipment or other assets used in
4		the operation of the Lottery, from the manager to any
5		successor manager of the lottery, including the
6		Department, following the termination of or foreclosure
7		upon the management agreement.
8		(21) Right of use of copyrights, trademarks, and
9		service marks held by the Department in the name of the
10		State. The agreement must provide that any use of them by
11		the manager shall only be for the purpose of fulfilling
12		its obligations under the management agreement during the
13		term of the agreement.
14		(22) The disclosure of any information requested by
15		the Department to enable it to comply with the reporting
16		requirements and information requests provided for under
17		subsection (p) of this Section.
18		(e) Notwithstanding any other law to the contrary, the
19		Department shall select a private manager through a
20		competitive request for qualifications process consistent with
21		Section 20-35 of the Illinois Procurement Code, which shall
22		take into account:
23		(1) the offeror's ability to market the Lottery to
24		those residents who are new, infrequent, or lapsed players
25		of the Lottery, especially those who are most likely to
26		make regular purchases on the Internet;

SB1720 Enrolled - 23 - LRB102 15815 RJF 21183 b
1		(2) the offeror's ability to address the State's
2		concern with the social effects of gambling on those who
3		can least afford to do so;
4		(3) the offeror's ability to provide the most
5		successful management of the Lottery for the benefit of
6		the people of the State based on current and past business
7		practices or plans of the offeror; and
8		(4) the offeror's poor or inadequate past performance
9		in servicing, equipping, operating or managing a lottery
10		on behalf of Illinois, another State or foreign government
11		and attracting persons who are not currently regular
12		players of a lottery.
13		(f) The Department may retain the services of an advisor
14		or advisors with significant experience in financial services
15		or the management, operation, and procurement of goods,
16		services, and equipment for a government-run lottery to assist
17		in the preparation of the terms of the request for
18		qualifications and selection of the private manager. Any
19		prospective advisor seeking to provide services under this
20		subsection (f) shall disclose any material business or
21		financial relationship during the past 3 years with any
22		potential offeror, or with a contractor or subcontractor
23		presently providing goods, services, or equipment to the
24		Department to support the Lottery. The Department shall
25		evaluate the material business or financial relationship of
26		each prospective advisor. The Department shall not select any

SB1720 Enrolled - 24 - LRB102 15815 RJF 21183 b
1		prospective advisor with a substantial business or financial
2		relationship that the Department deems to impair the
3		objectivity of the services to be provided by the prospective
4		advisor. During the course of the advisor's engagement by the
5		Department, and for a period of one year thereafter, the
6		advisor shall not enter into any business or financial
7		relationship with any offeror or any vendor identified to
8		assist an offeror in performing its obligations under the
9		management agreement. Any advisor retained by the Department
10		shall be disqualified from being an offeror. The Department
11		shall not include terms in the request for qualifications that
12		provide a material advantage whether directly or indirectly to
13		any potential offeror, or any contractor or subcontractor
14		presently providing goods, services, or equipment to the
15		Department to support the Lottery, including terms contained
16		in previous responses to requests for proposals or
17		qualifications submitted to Illinois, another State or foreign
18		government when those terms are uniquely associated with a
19		particular potential offeror, contractor, or subcontractor.
20		The request for proposals offered by the Department on
21		December 22, 2008 as "LOT08GAMESYS" and reference number
22		"22016176" is declared void.
23		(g) The Department shall select at least 2 offerors as
24		finalists to potentially serve as the private manager no later
25		than August 9, 2010. Upon making preliminary selections, the
26		Department shall schedule a public hearing on the finalists'

SB1720 Enrolled - 25 - LRB102 15815 RJF 21183 b
1		proposals and provide public notice of the hearing at least 7
2		calendar days before the hearing. The notice must include all
3		of the following:
4		(1) The date, time, and place of the hearing.
5		(2) The subject matter of the hearing.
6		(3) A brief description of the management agreement to
7		be awarded.
8		(4) The identity of the offerors that have been
9		selected as finalists to serve as the private manager.
10		(5) The address and telephone number of the
11		Department.
12		(h) At the public hearing, the Department shall (i)
13		provide sufficient time for each finalist to present and
14		explain its proposal to the Department and the Governor or the
15		Governor's designee, including an opportunity to respond to
16		questions posed by the Department, Governor, or designee and
17		(ii) allow the public and non-selected offerors to comment on
18		the presentations. The Governor or a designee shall attend the
19		public hearing. After the public hearing, the Department shall
20		have 14 calendar days to recommend to the Governor whether a
21		management agreement should be entered into with a particular
22		finalist. After reviewing the Department's recommendation, the
23		Governor may accept or reject the Department's recommendation,
24		and shall select a final offeror as the private manager by
25		publication of a notice in the Illinois Procurement Bulletin
26		on or before September 15, 2010. The Governor shall include in

SB1720 Enrolled - 26 - LRB102 15815 RJF 21183 b
1		the notice a detailed explanation and the reasons why the
2		final offeror is superior to other offerors and will provide
3		management services in a manner that best achieves the
4		objectives of this Section. The Governor shall also sign the
5		management agreement with the private manager.
6		(i) Any action to contest the private manager selected by
7		the Governor under this Section must be brought within 7
8		calendar days after the publication of the notice of the
9		designation of the private manager as provided in subsection
10		(h) of this Section.
11		(j) The Lottery shall remain, for so long as a private
12		manager manages the Lottery in accordance with provisions of
13		this Act, a Lottery conducted by the State, and the State shall
14		not be authorized to sell or transfer the Lottery to a third
15		party.
16		(k) Any tangible personal property used exclusively in
17		connection with the lottery that is owned by the Department
18		and leased to the private manager shall be owned by the
19		Department in the name of the State and shall be considered to
20		be public property devoted to an essential public and
21		governmental function.
22		(l) The Department may exercise any of its powers under
23		this Section or any other law as necessary or desirable for the
24		execution of the Department's powers under this Section.
25		(m) Neither this Section nor any management agreement
26		entered into under this Section prohibits the General Assembly

SB1720 Enrolled - 27 - LRB102 15815 RJF 21183 b
1		from authorizing forms of gambling that are not in direct
2		competition with the Lottery. The forms of gambling authorized
3		by Public Act 101-31 constitute authorized forms of gambling
4		that are not in direct competition with the Lottery.
5		(n) The private manager shall be subject to a complete
6		investigation in the third, seventh, and tenth years of the
7		agreement (if the agreement is for a 10-year term) by the
8		Department in cooperation with the Auditor General to
9		determine whether the private manager has complied with this
10		Section and the management agreement. The private manager
11		shall bear the cost of an investigation or reinvestigation of
12		the private manager under this subsection.
13		(o) The powers conferred by this Section are in addition
14		and supplemental to the powers conferred by any other law. If
15		any other law or rule is inconsistent with this Section,
16		including, but not limited to, provisions of the Illinois
17		Procurement Code, then this Section controls as to any
18		management agreement entered into under this Section. This
19		Section and any rules adopted under this Section contain full
20		and complete authority for a management agreement between the
21		Department and a private manager. No law, procedure,
22		proceeding, publication, notice, consent, approval, order, or
23		act by the Department or any other officer, Department,
24		agency, or instrumentality of the State or any political
25		subdivision is required for the Department to enter into a
26		management agreement under this Section. This Section contains

SB1720 Enrolled - 28 - LRB102 15815 RJF 21183 b
1		full and complete authority for the Department to approve any
2		contracts entered into by a private manager with a vendor
3		providing goods, services, or both goods and services to the
4		private manager under the terms of the management agreement,
5		including subcontractors of such vendors.
6		Upon receipt of a written request from the Chief
7		Procurement Officer, the Department shall provide to the Chief
8		Procurement Officer a complete and un-redacted copy of the
9		management agreement or any contract that is subject to the
10		Department's approval authority under this subsection (o). The
11		Department shall provide a copy of the agreement or contract
12		to the Chief Procurement Officer in the time specified by the
13		Chief Procurement Officer in his or her written request, but
14		no later than 5 business days after the request is received by
15		the Department. The Chief Procurement Officer must retain any
16		portions of the management agreement or of any contract
17		designated by the Department as confidential, proprietary, or
18		trade secret information in complete confidence pursuant to
19		subsection (g) of Section 7 of the Freedom of Information Act.
20		The Department shall also provide the Chief Procurement
21		Officer with reasonable advance written notice of any contract
22		that is pending Department approval.
23		Notwithstanding any other provision of this Section to the
24		contrary, the Chief Procurement Officer shall adopt
25		administrative rules, including emergency rules, to establish
26		a procurement process to select a successor private manager if

SB1720 Enrolled - 29 - LRB102 15815 RJF 21183 b
1		a private management agreement has been terminated. The
2		selection process shall at a minimum take into account the
3		criteria set forth in items (1) through (4) of subsection (e)
4		of this Section and may include provisions consistent with
5		subsections (f), (g), (h), and (i) of this Section. The Chief
6		Procurement Officer shall also implement and administer the
7		adopted selection process upon the termination of a private
8		management agreement. The Department, after the Chief
9		Procurement Officer certifies that the procurement process has
10		been followed in accordance with the rules adopted under this
11		subsection (o), shall select a final offeror as the private
12		manager and sign the management agreement with the private
13		manager.
14		Through June 30, 2022, except as provided in Sections
15		21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
16		of this Act and Section 25-70 of the Sports Wagering Act, the
17		Department shall distribute all proceeds of lottery tickets
18		and shares sold in the following priority and manner:
19		(1) The payment of prizes and retailer bonuses.
20		(2) The payment of costs incurred in the operation and
21		administration of the Lottery, including the payment of
22		sums due to the private manager under the management
23		agreement with the Department.
24		(3) On the last day of each month or as soon thereafter
25		as possible, the State Comptroller shall direct and the
26		State Treasurer shall transfer from the State Lottery Fund

SB1720 Enrolled - 30 - LRB102 15815 RJF 21183 b
1		to the Common School Fund an amount that is equal to the
2		proceeds transferred in the corresponding month of fiscal
3		year 2009, as adjusted for inflation, to the Common School
4		Fund.
5		(4) On or before September 30 of each fiscal year,
6		deposit any estimated remaining proceeds from the prior
7		fiscal year, subject to payments under items (1), (2), and
8		(3), into the Capital Projects Fund. Beginning in fiscal
9		year 2019, the amount deposited shall be increased or
10		decreased each year by the amount the estimated payment
11		differs from the amount determined from each year-end
12		financial audit. Only remaining net deficits from prior
13		fiscal years may reduce the requirement to deposit these
14		funds, as determined by the annual financial audit.
15		Beginning July 1, 2022, the Department shall distribute
16		all proceeds of lottery tickets and shares sold in the manner
17		and priority described in Section 9.3 of this Act, except that
18		the Department shall make the deposit into the Capital
19		Projects Fund that would have occurred under item (4) of this
20		subsection (o) on or before September 30, 2022, but for the
21		changes made to this subsection by Public Act 102-699.
22		(p) The Department shall be subject to the following
23		reporting and information request requirements:
24		(1) the Department shall submit written quarterly
25		reports to the Governor and the General Assembly on the
26		activities and actions of the private manager selected

SB1720 Enrolled - 31 - LRB102 15815 RJF 21183 b
1		under this Section;
2		(2) upon request of the Chief Procurement Officer, the
3		Department shall promptly produce information related to
4		the procurement activities of the Department and the
5		private manager requested by the Chief Procurement
6		Officer; the Chief Procurement Officer must retain
7		confidential, proprietary, or trade secret information
8		designated by the Department in complete confidence
9		pursuant to subsection (g) of Section 7 of the Freedom of
10		Information Act; and
11		(3) at least 30 days prior to the beginning of the
12		Department's fiscal year, the Department shall prepare an
13		annual written report on the activities of the private
14		manager selected under this Section and deliver that
15		report to the Governor and General Assembly.
16		(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
17		101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.
18		4-19-22.)
19		Section 5-20. The State Finance Act is amended by changing
20		Section 6z-130, as added by Public Act 102-699, and Sections
21		6z-114, 8g-1, and 8.27 and by adding Sections 5.990, 5.991,
22		and 6z-138 as follows:
23		(30 ILCS 105/5.990 new)
24		Sec. 5.990. The Hate Crimes and Bias Incident Prevention

SB1720 Enrolled - 32 - LRB102 15815 RJF 21183 b
1		and Response Fund.
2		(30 ILCS 105/5.991 new)
3		Sec. 5.991. The Due Process for Youth and Families Fund.
4		(30 ILCS 105/6z-114)
5		Sec. 6z-114. The Ronald McDonald House Charities Fund;
6		creation. The Ronald McDonald House Charities Fund is created
7		as a special fund in the State treasury. From appropriations
8		to the Department of Human Services from the Fund, the
9		Department shall Subject to appropriation, moneys in the Fund
10		shall be used to make grants to Ronald McDonald House
11		Charities for services in Illinois.
12		(Source: P.A. 102-73, eff. 7-9-21.)
13		(30 ILCS 105/6z-134)
14		Sec. 6z-134 6z-130. Statewide 9-8-8 Trust Fund.
15		(a) The Statewide 9-8-8 Trust Fund is created as a special
16		fund in the State treasury. Moneys in the Fund shall be used by
17		the Department of Human Services for the purposes of
18		establishing and maintaining a statewide 9-8-8 suicide
19		prevention and mental health crisis system pursuant to the
20		National Suicide Hotline Designation Act of 2020, the Federal
21		Communication Commission's rules adopted on July 16, 2020, and
22		national guidelines for crisis care. The Fund shall consist
23		of:

SB1720 Enrolled - 33 - LRB102 15815 RJF 21183 b
1		(1) appropriations by the General Assembly;
2		(2) grants and gifts intended for deposit in the Fund;
3		(3) interest, premiums, gains, or other earnings on
4		the Fund;
5		(4) moneys received from any other source that are
6		deposited in or transferred into the Fund.
7		(b) Moneys in the Fund:
8		(1) do not revert at the end of any State fiscal year
9		but remain available for the purposes of the Fund in
10		subsequent State fiscal years; and
11		(2) are not subject to transfer to any other Fund or to
12		transfer, assignment, or reassignment for any other use or
13		purpose outside of those specified in this Section.
14		(c) An annual report of Fund deposits and expenditures
15		shall be made to the General Assembly and the Federal
16		Communications Commission.
17		(d) (Blank). In addition to any other transfers that may
18		be provided for by law, on July 1, 2022, or as soon thereafter
19		as practical, the State Comptroller shall direct and the State
20		Treasurer shall transfer the sum of $5,000,000 from the
21		Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
22		(Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.)
23		(30 ILCS 105/6z-138 new)
24		Sec. 6z-138. Hate Crimes and Bias Incident Prevention and
25		Response Fund.

SB1720 Enrolled - 34 - LRB102 15815 RJF 21183 b
1		(a) The Hate Crimes and Bias Incident Prevention and
2		Response Fund is created as a special fund in the State
3		treasury. The Fund may accept moneys from any lawful source.
4		Any interest earned on moneys in the Fund shall be deposited
5		into the Fund.
6		(b) Subject to appropriation, moneys in the Hate Crimes
7		and Bias Incident Prevention and Response Fund shall be used
8		by the Department of Human Rights, in its capacity as
9		administrator and fiscal agent for the Commission on
10		Discrimination and Hate Crimes, for operational and
11		administrative expenditures related to, as well as the award
12		of grants that support the eradication of, hate crimes and
13		bias incidents.
14		(c) The Department of Human Rights shall adopt rules
15		establishing requirements for the distribution of grant moneys
16		and the determination of which persons or entities are
17		eligible for grants and may adopt any other rules necessary to
18		implement this Section and administer the Fund.
19		(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
20		Sec. 8.27. All receipts from federal financial
21		participation in the Foster Care and Adoption Services program
22		under Title IV-E of the federal Social Security Act, including
23		receipts for related indirect costs, shall be deposited into
24		in the DCFS Children's Services Fund or the Due Process for
25		Youth and Families Fund as provided in Section 45 of the

SB1720 Enrolled - 35 - LRB102 15815 RJF 21183 b
1		Children and Family Services Act.
2		Beginning on July 20, 2010 (the effective date of Public
3		Act 96-1127), any funds paid to the State by the federal
4		government under Title XIX and Title XXI of the Social
5		Security Act for child welfare services delivered by community
6		mental health providers, certified and paid as Medicaid
7		providers by the Department of Children and Family Services,
8		for child welfare services relating to Medicaid-eligible
9		clients and families served consistent with the purposes of
10		the Department of Children and Family Services, including
11		services delivered as a result of the conversion of such
12		providers from a comprehensive rate to a fee-for-service
13		payment methodology, and any subsequent revenue maximization
14		initiatives performed by such providers, and any interest
15		earned thereon, shall be deposited directly into the DCFS
16		Children's Services Fund. Such funds shall be used for the
17		provision of child welfare services provided to eligible
18		individuals identified by the Department of Children and
19		Family Services. Child welfare services are defined in Section
20		5 of the Children and Family Services Act.
21		All receipts from federal financial participation in the
22		Child Welfare Services program under Title IV-B of the federal
23		Social Security Act, including receipts for related indirect
24		costs, shall be deposited into the DCFS Children's Services
25		Fund for those moneys received as reimbursement for services
26		provided on or after July 1, 1994.

SB1720 Enrolled - 36 - LRB102 15815 RJF 21183 b
1		For services provided on or after July 1, 2007, all
2		federal funds received pursuant to the John H. Chafee Foster
3		Care Independence Program shall be deposited into the DCFS
4		Children's Services Fund.
5		Except as otherwise provided in this Section, moneys in
6		the Fund may be used by the Department, pursuant to
7		appropriation by the General Assembly, for the ordinary and
8		contingent expenses of the Department.
9		In accordance with subsection (q) of Section 5 of the
10		Children and Family Services Act, disbursements from
11		individual children's accounts shall be deposited into the
12		DCFS Children's Services Fund.
13		Receipts from public and unsolicited private grants, fees
14		for training, and royalties earned from the publication of
15		materials owned by or licensed to the Department of Children
16		and Family Services shall be deposited into the DCFS
17		Children's Services Fund.
18		(Source: P.A. 102-1071, eff. 6-10-22.)
19		(30 ILCS 105/8g-1)
20		Sec. 8g-1. Fund transfers.
21		(a) (Blank).
22		(b) (Blank).
23		(c) (Blank).
24		(d) (Blank).
25		(e) (Blank).

SB1720 Enrolled - 37 - LRB102 15815 RJF 21183 b
1		(f) (Blank).
2		(g) (Blank).
3		(h) (Blank).
4		(i) (Blank).
5		(j) (Blank).
6		(k) (Blank).
7		(l) (Blank).
8		(m) (Blank).
9		(n) (Blank).
10		(o) (Blank).
11		(p) (Blank).
12		(q) (Blank).
13		(r) (Blank).
14		(s) (Blank).
15		(t) (Blank).
16		(u) In addition to any other transfers that may be
17		provided for by law, on July 1, 2021, or as soon thereafter as
18		practical, only as directed by the Director of the Governor's
19		Office of Management and Budget, the State Comptroller shall
20		direct and the State Treasurer shall transfer the sum of
21		$5,000,000 from the General Revenue Fund to the DoIT Special
22		Projects Fund, and on June 1, 2022, or as soon thereafter as
23		practical, but no later than June 30, 2022, the State
24		Comptroller shall direct and the State Treasurer shall
25		transfer the sum so transferred from the DoIT Special Projects
26		Fund to the General Revenue Fund.

SB1720 Enrolled - 38 - LRB102 15815 RJF 21183 b
1		(v) In addition to any other transfers that may be
2		provided for by law, on July 1, 2021, or as soon thereafter as
3		practical, the State Comptroller shall direct and the State
4		Treasurer shall transfer the sum of $500,000 from the General
5		Revenue Fund to the Governor's Administrative Fund.
6		(w) In addition to any other transfers that may be
7		provided for by law, on July 1, 2021, or as soon thereafter as
8		practical, the State Comptroller shall direct and the State
9		Treasurer shall transfer the sum of $500,000 from the General
10		Revenue Fund to the Grant Accountability and Transparency
11		Fund.
12		(x) In addition to any other transfers that may be
13		provided for by law, at a time or times during Fiscal Year 2022
14		as directed by the Governor, the State Comptroller shall
15		direct and the State Treasurer shall transfer up to a total of
16		$20,000,000 from the General Revenue Fund to the Illinois
17		Sports Facilities Fund to be credited to the Advance Account
18		within the Fund.
19		(y) In addition to any other transfers that may be
20		provided for by law, on June 15, 2021, or as soon thereafter as
21		practical, but no later than June 30, 2021, the State
22		Comptroller shall direct and the State Treasurer shall
23		transfer the sum of $100,000,000 from the General Revenue Fund
24		to the Technology Management Revolving Fund.
25		(z) In addition to any other transfers that may be
26		provided for by law, on April 19, 2022 (the effective date of

SB1720 Enrolled - 39 - LRB102 15815 RJF 21183 b
1		Public Act 102-699) this amendatory Act of the 102nd General
2		Assembly, or as soon thereafter as practical, but no later
3		than June 30, 2022, the State Comptroller shall direct and the
4		State Treasurer shall transfer the sum of $148,000,000 from
5		the General Revenue Fund to the Build Illinois Bond Fund.
6		(aa) In addition to any other transfers that may be
7		provided for by law, on April 19, 2022 (the effective date of
8		Public Act 102-699) this amendatory Act of the 102nd General
9		Assembly, or as soon thereafter as practical, but no later
10		than June 30, 2022, the State Comptroller shall direct and the
11		State Treasurer shall transfer the sum of $180,000,000 from
12		the General Revenue Fund to the Rebuild Illinois Projects
13		Fund.
14		(bb) In addition to any other transfers that may be
15		provided for by law, on July 1, 2022, or as soon thereafter as
16		practical, the State Comptroller shall direct and the State
17		Treasurer shall transfer the sum of $500,000 from the General
18		Revenue Fund to the Governor's Administrative Fund.
19		(cc) In addition to any other transfers that may be
20		provided for by law, on July 1, 2022, or as soon thereafter as
21		practical, the State Comptroller shall direct and the State
22		Treasurer shall transfer the sum of $500,000 from the General
23		Revenue Fund to the Grant Accountability and Transparency
24		Fund.
25		(dd) (z) In addition to any other transfers that may be
26		provided by law, on April 19, 2022 (the effective date of

SB1720 Enrolled - 40 - LRB102 15815 RJF 21183 b
1		Public Act 102-700) this amendatory Act of the 102nd General
2		Assembly, or as soon thereafter as practical, but no later
3		than June 30, 2022, the State Comptroller shall direct and the
4		State Treasurer shall transfer the sum of $685,000,000 from
5		the General Revenue Fund to the Income Tax Refund Fund. Moneys
6		from this transfer shall be used for the purpose of making the
7		one-time rebate payments provided under Section 212.1 of the
8		Illinois Income Tax Act.
9		(ee) (aa) In addition to any other transfers that may be
10		provided by law, beginning on April 19, 2022 (the effective
11		date of Public Act 102-700) this amendatory Act of the 102nd
12		General Assembly and until December 31, 2023, at the direction
13		of the Department of Revenue, the State Comptroller shall
14		direct and the State Treasurer shall transfer from the General
15		Revenue Fund to the Income Tax Refund Fund any amounts needed
16		beyond the amounts transferred in subsection (dd) (z) to make
17		payments of the one-time rebate payments provided under
18		Section 212.1 of the Illinois Income Tax Act.
19		(ff) (z) In addition to any other transfers that may be
20		provided for by law, on April 19, 2022 (the effective date of
21		Public Act 102-700) this amendatory Act of the 102nd General
22		Assembly, or as soon thereafter as practical, but no later
23		than June 30, 2022, the State Comptroller shall direct and the
24		State Treasurer shall transfer the sum of $720,000,000 from
25		the General Revenue Fund to the Budget Stabilization Fund.
26		(gg) (aa) In addition to any other transfers that may be

SB1720 Enrolled - 41 - LRB102 15815 RJF 21183 b
1		provided for by law, on July 1, 2022, or as soon thereafter as
2		practical, the State Comptroller shall direct and the State
3		Treasurer shall transfer the sum of $280,000,000 from the
4		General Revenue Fund to the Budget Stabilization Fund.
5		(hh) (bb) In addition to any other transfers that may be
6		provided for by law, on July 1, 2022, or as soon thereafter as
7		practical, the State Comptroller shall direct and the State
8		Treasurer shall transfer the sum of $200,000,000 from the
9		General Revenue Fund to the Pension Stabilization Fund.
10		(ii) In addition to any other transfers that may be
11		provided for by law, on January 1, 2023, or as soon thereafter
12		as practical, the State Comptroller shall direct and the State
13		Treasurer shall transfer the sum of $850,000,000 from the
14		General Revenue Fund to the Budget Stabilization Fund.
15		(jj) In addition to any other transfers that may be
16		provided for by law, at a time or times during Fiscal Year 2023
17		as directed by the Governor, the State Comptroller shall
18		direct and the State Treasurer shall transfer up to a total of
19		$400,000,000 from the General Revenue Fund to the Large
20		Business Attraction Fund.
21		(kk) In addition to any other transfers that may be
22		provided for by law, on January 1, 2023, or as soon thereafter
23		as practical, the State Comptroller shall direct and the State
24		Treasurer shall transfer the sum of $72,000,000 from the
25		General Revenue Fund to the Disaster Response and Recovery
26		Fund.

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1		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2		102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
3		40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
4		80-5, eff. 4-19-22; revised 6-23-22.)
5		Section 5-25. The Budget Stabilization Act is amended by
6		changing Section 15 as follows:
7		(30 ILCS 122/15)
8		Sec. 15. Transfers to Budget Stabilization Fund. In
9		furtherance of the State's objective for the Budget
10		Stabilization Fund to have resources representing 7.5% 5% of
11		the State's annual general funds revenues:
12		(a) For each fiscal year when the General Assembly's
13		appropriations and transfers or diversions as required by law
14		from general funds do not exceed 99% of the estimated general
15		funds revenues pursuant to subsection (a) of Section 10, the
16		Comptroller shall transfer from the General Revenue Fund as
17		provided by this Section a total amount equal to 0.5% of the
18		estimated general funds revenues to the Budget Stabilization
19		Fund.
20		(b) For each fiscal year when the General Assembly's
21		appropriations and transfers or diversions as required by law
22		from general funds do not exceed 98% of the estimated general
23		funds revenues pursuant to subsection (b) of Section 10, the
24		Comptroller shall transfer from the General Revenue Fund as

SB1720 Enrolled - 43 - LRB102 15815 RJF 21183 b
1		provided by this Section a total amount equal to 1% of the
2		estimated general funds revenues to the Budget Stabilization
3		Fund.
4		(c) The Comptroller shall transfer 1/12 of the total
5		amount to be transferred each fiscal year under this Section
6		into the Budget Stabilization Fund on the first day of each
7		month of that fiscal year or as soon thereafter as possible.
8		The balance of the Budget Stabilization Fund shall not exceed
9		7.5% 5% of the total of general funds revenues estimated for
10		that fiscal year except as provided by subsection (d) of this
11		Section.
12		(d) If the balance of the Budget Stabilization Fund
13		exceeds 7.5% 5% of the total general funds revenues estimated
14		for that fiscal year, the additional transfers are not
15		required unless there are outstanding liabilities under
16		Section 25 of the State Finance Act from prior fiscal years. If
17		there are such outstanding Section 25 liabilities, then the
18		Comptroller shall continue to transfer 1/12 of the total
19		amount identified for transfer to the Budget Stabilization
20		Fund on the first day of each month of that fiscal year or as
21		soon thereafter as possible to be reserved for those Section
22		25 liabilities. Nothing in this Act prohibits the General
23		Assembly from appropriating additional moneys into the Budget
24		Stabilization Fund.
25		(e) On or before August 31 of each fiscal year, the amount
26		determined to be transferred to the Budget Stabilization Fund

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1		shall be reconciled to actual general funds revenues for that
2		fiscal year. The final transfer for each fiscal year shall be
3		adjusted so that the total amount transferred under this
4		Section is equal to the percentage specified in subsection (a)
5		or (b) of this Section, as applicable, based on actual general
6		funds revenues calculated consistently with subsection (c) of
7		Section 10 of this Act for each fiscal year.
8		(f) For the fiscal year beginning July 1, 2006 and for each
9		fiscal year thereafter, the budget proposal to the General
10		Assembly shall identify liabilities incurred in a prior fiscal
11		year under Section 25 of the State Finance Act and the budget
12		proposal shall provide funding as allowable pursuant to
13		subsection (d) of this Section, if applicable.
14		(Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.)
15		Section 5-27. If and only if House Bill 4285 of the 102nd
16		General Assembly becomes law as amended by Senate Amendment
17		No. 2, the Illinois Procurement Code is amended by changing
18		Section 20-20 as follows:
19		(30 ILCS 500/20-20)
20		(Text of Section before amendment by P.A. 102-721)
21		Sec. 20-20. Small purchases.
22		(a) Amount. Any individual procurement of supplies or
23		services not exceeding $100,000 and any procurement of
24		construction not exceeding $100,000, or any individual

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1		procurement of professional or artistic services not exceeding
2		$100,000 may be made without competitive source selection.
3		Procurements shall not be artificially divided so as to
4		constitute a small purchase under this Section. Any
5		procurement of construction not exceeding $100,000 may be made
6		by an alternative competitive source selection. The
7		construction agency shall establish rules for an alternative
8		competitive source selection process. This Section does not
9		apply to construction-related professional services contracts
10		awarded in accordance with the provisions of the
11		Architectural, Engineering, and Land Surveying Qualifications
12		Based Selection Act.
13		(b) Adjustment. Each July 1, the small purchase maximum
14		established in subsection (a) shall be adjusted for inflation
15		as determined by the Consumer Price Index for All Urban
16		Consumers as determined by the United States Department of
17		Labor and rounded to the nearest $100.
18		(c) Based upon rules proposed by the Board and rules
19		promulgated by the chief procurement officers, the small
20		purchase maximum established in subsection (a) may be
21		modified.
22		(Source: P.A. 100-43, eff. 8-9-17.)
23		(Text of Section after amendment by P.A. 102-721)
24		Sec. 20-20. Small purchases.
25		(a) Amount. Any individual procurement of supplies or

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1		services not exceeding $100,000 and any procurement of
2		construction not exceeding $100,000 $250,000, or any
3		individual procurement of professional or artistic services
4		not exceeding $100,000 may be made without competitive source
5		selection. Procurements shall not be artificially divided so
6		as to constitute a small purchase under this Section. Any
7		procurement of construction not exceeding $100,000 $250,000
8		may be made by an alternative competitive source selection.
9		The construction agency shall establish rules for an
10		alternative competitive source selection process. This Section
11		does not apply to construction-related professional services
12		contracts awarded in accordance with the provisions of the
13		Architectural, Engineering, and Land Surveying Qualifications
14		Based Selection Act.
15		(b) Adjustment. Each July 1, the small purchase maximum
16		established in subsection (a) shall be adjusted for inflation
17		as determined by the Consumer Price Index for All Urban
18		Consumers as determined by the United States Department of
19		Labor and rounded to the nearest $100.
20		(c) Based upon rules proposed by the Board and rules
21		promulgated by the chief procurement officers, the small
22		purchase maximum established in subsection (a) may be
23		modified.
24		(d) Certification. All small purchases with an annual
25		value that exceeds $50,000 shall be accompanied by Standard
26		Illinois Certifications in a form prescribed by each Chief

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1		Procurement Officer.
2		(Source: P.A. 102-721, eff. 1-1-23; 10200HB4285sam002.)
3		Section 5-28. The Build Illinois Act is amended by
4		changing Section 10-6 as follows:
5		(30 ILCS 750/10-6) (from Ch. 127, par. 2710-6)
6		Sec. 10-6. Large Business Attraction Fund.
7		(a) There is created the Large Business Attraction Fund to
8		be held as part of the State Treasury. The Department is
9		authorized to make loans from the Fund for the purposes
10		established under this Article. The State Treasurer shall have
11		custody of the Fund and may invest in securities constituting
12		direct obligations of the United States Government, in
13		obligations the principal of and interest on which are
14		guaranteed by the United States Government, or in certificates
15		of deposit of any State or national bank that are fully secured
16		by obligations guaranteed as to principal and interest by the
17		United States Government. The purpose of the Fund is to offer
18		loans to finance large firms considering the location of a
19		proposed plant in the State and to provide financing to carry
20		out the purposes and provisions of paragraph (h) of Section
21		10-3. Financing shall be in the form of a loan, mortgage, or
22		other debt instrument. All loans shall be conditioned on the
23		project receiving financing from participating lenders or
24		other sources. Loan proceeds shall be available for project

SB1720 Enrolled - 48 - LRB102 15815 RJF 21183 b
1		costs associated with an expansion of business capacity and
2		employment, except for debt refinancing. Targeted companies
3		for the program shall primarily consist of established
4		industrial and service companies with proven records of
5		earnings that will sell their product to markets beyond
6		Illinois and have proven multistate location options. New
7		ventures shall be considered only if the entity is protected
8		with adequate security with regard to its financing and
9		operation. The limitations and conditions with respect to the
10		use of this Fund shall not apply in carrying out the purposes
11		and provisions of paragraph (h) of Section 10-3.
12		(b) Deposits into the Fund shall include, but are not
13		limited to:
14		(1) Any appropriations, grants, or gifts made to the
15		Fund.
16		(2) Any income received from interest on investments
17		of amounts from the Fund not currently needed to meet the
18		obligations of the Fund.
19		(c) The State Comptroller and the State Treasurer shall
20		from time to time, upon the written direction of the Governor,
21		transfer from the Fund to the General Revenue Fund or the
22		Budget Stabilization Fund, those amounts that the Governor
23		determines are in excess of the amounts required to meet the
24		obligations of the Fund. Any amounts transferred to the Budget
25		Stabilization Fund may be transferred back to the Large
26		Business Attraction Fund by the State Comptroller and the

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1		State Treasurer, upon the written direction of the Governor.
2		(Source: P.A. 90-372, eff. 7-1-98.)
3		Section 5-30. The Illinois Police Training Act is amended
4		by changing Section 6 as follows:
5		(50 ILCS 705/6) (from Ch. 85, par. 506)
6		Sec. 6. Powers and duties of the Board; selection and
7		certification of schools. The Board shall select and certify
8		schools within the State of Illinois for the purpose of
9		providing basic training for probationary law enforcement
10		officers, probationary county corrections officers, and court
11		security officers and of providing advanced or in-service
12		training for permanent law enforcement officers or permanent
13		county corrections officers, which schools may be either
14		publicly or privately owned and operated. In addition, the
15		Board has the following power and duties:
16		a. To require law enforcement agencies to furnish such
17		reports and information as the Board deems necessary to
18		fully implement this Act.
19		b. To establish appropriate mandatory minimum
20		standards relating to the training of probationary local
21		law enforcement officers or probationary county
22		corrections officers, and in-service training of permanent
23		law enforcement officers.
24		c. To provide appropriate certification to those

SB1720 Enrolled - 50 - LRB102 15815 RJF 21183 b
1		probationary officers who successfully complete the
2		prescribed minimum standard basic training course.
3		d. To review and approve annual training curriculum
4		for county sheriffs.
5		e. To review and approve applicants to ensure that no
6		applicant is admitted to a certified academy unless the
7		applicant is a person of good character and has not been
8		convicted of, found guilty of, entered a plea of guilty
9		to, or entered a plea of nolo contendere to a felony
10		offense, any of the misdemeanors in Sections 11-1.50,
11		11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
12		11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
13		26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
14		violation of any Section of Part E of Title III of the
15		Criminal Code of 1961 or the Criminal Code of 2012, or
16		subsection (a) of Section 17-32 of the Criminal Code of
17		1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
18		the Cannabis Control Act, or a crime involving moral
19		turpitude under the laws of this State or any other state
20		which if committed in this State would be punishable as a
21		felony or a crime of moral turpitude, or any felony or
22		misdemeanor in violation of federal law or the law of any
23		state that is the equivalent of any of the offenses
24		specified therein. The Board may appoint investigators who
25		shall enforce the duties conferred upon the Board by this
26		Act.

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1		For purposes of this paragraph e, a person is
2		considered to have been convicted of, found guilty of, or
3		entered a plea of guilty to, plea of nolo contendere to
4		regardless of whether the adjudication of guilt or
5		sentence is withheld or not entered thereon. This includes
6		sentences of supervision, conditional discharge, or first
7		offender probation, or any similar disposition provided
8		for by law.
9		f. To establish statewide standards for minimum
10		standards regarding regular mental health screenings for
11		probationary and permanent police officers, ensuring that
12		counseling sessions and screenings remain confidential.
13		g. To review and ensure all law enforcement officers
14		remain in compliance with this Act, and any administrative
15		rules adopted under this Act.
16		h. To suspend any certificate for a definite period,
17		limit or restrict any certificate, or revoke any
18		certificate.
19		i. The Board and the Panel shall have power to secure
20		by its subpoena and bring before it any person or entity in
21		this State and to take testimony either orally or by
22		deposition or both with the same fees and mileage and in
23		the same manner as prescribed by law in judicial
24		proceedings in civil cases in circuit courts of this
25		State. The Board and the Panel shall also have the power to
26		subpoena the production of documents, papers, files,

SB1720 Enrolled - 52 - LRB102 15815 RJF 21183 b
1		books, documents, and records, whether in physical or
2		electronic form, in support of the charges and for
3		defense, and in connection with a hearing or
4		investigation.
5		j. The Executive Director, the administrative law
6		judge designated by the Executive Director, and each
7		member of the Board and the Panel shall have the power to
8		administer oaths to witnesses at any hearing that the
9		Board is authorized to conduct under this Act and any
10		other oaths required or authorized to be administered by
11		the Board under this Act.
12		k. In case of the neglect or refusal of any person to
13		obey a subpoena issued by the Board and the Panel, any
14		circuit court, upon application of the Board and the
15		Panel, through the Illinois Attorney General, may order
16		such person to appear before the Board and the Panel give
17		testimony or produce evidence, and any failure to obey
18		such order is punishable by the court as a contempt
19		thereof. This order may be served by personal delivery, by
20		email, or by mail to the address of record or email address
21		of record.
22		l. The Board shall have the power to administer state
23		certification examinations. Any and all records related to
24		these examinations, including, but not limited to, test
25		questions, test formats, digital files, answer responses,
26		answer keys, and scoring information shall be exempt from

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1		disclosure.
2		m. To make grants, subject to appropriation, to units
3		of local government and public institutions of higher
4		education for the purposes of hiring and retaining law
5		enforcement officers.
6		(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
7		Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
8		25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
9		1-7-22.)
10		Section 5-35. The Liquor Control Act of 1934 is amended by
11		adding Section 3-4.1 as follows:
12		(235 ILCS 5/3-4.1 new)
13		Sec. 3-4.1. Obtaining evidence. The State Commission has
14		the power to expend sums that the Executive Director deems
15		necessary for the purchase of evidence and for the employment
16		of persons to obtain evidence. The sums shall be advanced to
17		employees authorized by the Executive Director to expend
18		funds, on vouchers signed by the Executive Director.
19		In addition, the Executive Director is authorized to
20		maintain one or more commercial checking accounts with any
21		State banking corporation or corporations organized under or
22		subject to the Illinois Banking Act for the deposit and
23		withdrawal of moneys to be used solely for the purchase of
24		evidence and for the employment of persons to obtain evidence.

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1		No check may be written on nor any withdrawal made from such an
2		account except on the written signature of 2 persons
3		designated by the Executive Director to write those checks and
4		make those withdrawals. The balance of moneys on deposit in
5		any such account shall not exceed $25,000 at any time, nor
6		shall any one check written on or single withdrawal made from
7		any such account exceed $25,000.
8		Section 5-36. The Illinois Public Aid Code is amended by
9		changing Sections 4-1.6 as follows:
10		(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
11		Sec. 4-1.6. Need. Income available to the family as
12		defined by the Illinois Department by rule, or to the child in
13		the case of a child removed from his or her home, when added to
14		contributions in money, substance or services from other
15		sources, including income available from parents absent from
16		the home or from a stepparent, contributions made for the
17		benefit of the parent or other persons necessary to provide
18		care and supervision to the child, and contributions from
19		legally responsible relatives, must be equal to or less than
20		the grant amount established by Department regulation for such
21		a person. For purposes of eligibility for aid under this
22		Article, the Department shall (a) disregard all earned income
23		between the grant amount and 50% of the Federal Poverty Level
24		and (b) disregard the value of all assets held by the family.

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1		In considering income to be taken into account,
2		consideration shall be given to any expenses reasonably
3		attributable to the earning of such income. Three-fourths of
4		the earned income of a household eligible for aid under this
5		Article shall be disregarded when determining the level of
6		assistance for which a household is eligible. All The first
7		$100 of child support, whether it be current support, past
8		support owed, or future support, that is collected on or after
9		January 1, 2023 on behalf of a family in a month for one child
10		and the first $200 of child support collected on behalf of a
11		family in a month for 2 or more children shall be passed
12		through to the family and disregarded in determining the
13		amount of the assistance grant provided to the family under
14		this Article. Any amount of child support that would be
15		disregarded in determining the amount of the assistance grant
16		shall be disregarded in determining eligibility for cash
17		assistance provided under this Article. The Illinois
18		Department may also permit all or any portion of earned or
19		other income to be set aside for the future identifiable needs
20		of a child. The Illinois Department may provide by rule and
21		regulation for the exemptions thus permitted or required. The
22		eligibility of any applicant for or recipient of public aid
23		under this Article is not affected by the payment of any grant
24		under the "Senior Citizens and Persons with Disabilities
25		Property Tax Relief Act" or any distributions or items of
26		income described under subparagraph (X) of paragraph (2) of

SB1720 Enrolled - 56 - LRB102 15815 RJF 21183 b
1		subsection (a) of Section 203 of the Illinois Income Tax Act.
2		The Illinois Department may, by rule, set forth criteria
3		under which an assistance unit is ineligible for cash
4		assistance under this Article for a specified number of months
5		due to the receipt of a lump sum payment.
6		(Source: P.A. 98-114, eff. 7-29-13; 99-143, eff. 7-27-15;
7		99-899, eff. 1-1-17.)
8		Section 5-37. The Illinois Public Aid Code is amended by
9		changing Section 5A-12.7 as follows:
10		(305 ILCS 5/5A-12.7)
11		(Section scheduled to be repealed on December 31, 2026)
12		Sec. 5A-12.7. Continuation of hospital access payments on
13		and after July 1, 2020.
14		(a) To preserve and improve access to hospital services,
15		for hospital services rendered on and after July 1, 2020, the
16		Department shall, except for hospitals described in subsection
17		(b) of Section 5A-3, make payments to hospitals or require
18		capitated managed care organizations to make payments as set
19		forth in this Section. Payments under this Section are not due
20		and payable, however, until: (i) the methodologies described
21		in this Section are approved by the federal government in an
22		appropriate State Plan amendment or directed payment preprint;
23		and (ii) the assessment imposed under this Article is
24		determined to be a permissible tax under Title XIX of the

SB1720 Enrolled - 57 - LRB102 15815 RJF 21183 b
1		Social Security Act. In determining the hospital access
2		payments authorized under subsection (g) of this Section, if a
3		hospital ceases to qualify for payments from the pool, the
4		payments for all hospitals continuing to qualify for payments
5		from such pool shall be uniformly adjusted to fully expend the
6		aggregate net amount of the pool, with such adjustment being
7		effective on the first day of the second month following the
8		date the hospital ceases to receive payments from such pool.
9		(b) Amounts moved into claims-based rates and distributed
10		in accordance with Section 14-12 shall remain in those
11		claims-based rates.
12		(c) Graduate medical education.
13		(1) The calculation of graduate medical education
14		payments shall be based on the hospital's Medicare cost
15		report ending in Calendar Year 2018, as reported in the
16		Healthcare Cost Report Information System file, release
17		date September 30, 2019. An Illinois hospital reporting
18		intern and resident cost on its Medicare cost report shall
19		be eligible for graduate medical education payments.
20		(2) Each hospital's annualized Medicaid Intern
21		Resident Cost is calculated using annualized intern and
22		resident total costs obtained from Worksheet B Part I,
23		Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
24		96-98, and 105-112 multiplied by the percentage that the
25		hospital's Medicaid days (Worksheet S3 Part I, Column 7,
26		Lines 2, 3, 4, 14, 16-18, and 32) comprise of the

SB1720 Enrolled - 58 - LRB102 15815 RJF 21183 b
1		hospital's total days (Worksheet S3 Part I, Column 8,
2		Lines 14, 16-18, and 32).
3		(3) An annualized Medicaid indirect medical education
4		(IME) payment is calculated for each hospital using its
5		IME payments (Worksheet E Part A, Line 29, Column 1)
6		multiplied by the percentage that its Medicaid days
7		(Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
8		and 32) comprise of its Medicare days (Worksheet S3 Part
9		I, Column 6, Lines 2, 3, 4, 14, and 16-18).
10		(4) For each hospital, its annualized Medicaid Intern
11		Resident Cost and its annualized Medicaid IME payment are
12		summed, and, except as capped at 120% of the average cost
13		per intern and resident for all qualifying hospitals as
14		calculated under this paragraph, is multiplied by the
15		applicable reimbursement factor as described in this
16		paragraph, to determine the hospital's final graduate
17		medical education payment. Each hospital's average cost
18		per intern and resident shall be calculated by summing its
19		total annualized Medicaid Intern Resident Cost plus its
20		annualized Medicaid IME payment and dividing that amount
21		by the hospital's total Full Time Equivalent Residents and
22		Interns. If the hospital's average per intern and resident
23		cost is greater than 120% of the same calculation for all
24		qualifying hospitals, the hospital's per intern and
25		resident cost shall be capped at 120% of the average cost
26		for all qualifying hospitals.

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1		(A) For the period of July 1, 2020 through
2		December 31, 2022, the applicable reimbursement factor
3		shall be 22.6%.
4		(B) For the period of January 1, 2023 through
5		December 31, 2026, the applicable reimbursement factor
6		shall be 35% for all qualified safety-net hospitals,
7		as defined in Section 5-5e.1 of this Code, and all
8		hospitals with 100 or more Full Time Equivalent
9		Residents and Interns, as reported on the hospital's
10		Medicare cost report ending in Calendar Year 2018, and
11		for all other qualified hospitals the applicable
12		reimbursement factor shall be 30%.
13		(d) Fee-for-service supplemental payments. For the period
14		of July 1, 2020 through December 31, 2022, each Illinois
15		hospital shall receive an annual payment equal to the amounts
16		below, to be paid in 12 equal installments on or before the
17		seventh State business day of each month, except that no
18		payment shall be due within 30 days after the later of the date
19		of notification of federal approval of the payment
20		methodologies required under this Section or any waiver
21		required under 42 CFR 433.68, at which time the sum of amounts
22		required under this Section prior to the date of notification
23		is due and payable.
24		(1) For critical access hospitals, $385 per covered
25		inpatient day contained in paid fee-for-service claims and
26		$530 per paid fee-for-service outpatient claim for dates

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1		of service in Calendar Year 2019 in the Department's
2		Enterprise Data Warehouse as of May 11, 2020.
3		(2) For safety-net hospitals, $960 per covered
4		inpatient day contained in paid fee-for-service claims and
5		$625 per paid fee-for-service outpatient claim for dates
6		of service in Calendar Year 2019 in the Department's
7		Enterprise Data Warehouse as of May 11, 2020.
8		(3) For long term acute care hospitals, $295 per
9		covered inpatient day contained in paid fee-for-service
10		claims for dates of service in Calendar Year 2019 in the
11		Department's Enterprise Data Warehouse as of May 11, 2020.
12		(4) For freestanding psychiatric hospitals, $125 per
13		covered inpatient day contained in paid fee-for-service
14		claims and $130 per paid fee-for-service outpatient claim
15		for dates of service in Calendar Year 2019 in the
16		Department's Enterprise Data Warehouse as of May 11, 2020.
17		(5) For freestanding rehabilitation hospitals, $355
18		per covered inpatient day contained in paid
19		fee-for-service claims for dates of service in Calendar
20		Year 2019 in the Department's Enterprise Data Warehouse as
21		of May 11, 2020.
22		(6) For all general acute care hospitals and high
23		Medicaid hospitals as defined in subsection (f), $350 per
24		covered inpatient day for dates of service in Calendar
25		Year 2019 contained in paid fee-for-service claims and
26		$620 per paid fee-for-service outpatient claim in the

SB1720 Enrolled - 61 - LRB102 15815 RJF 21183 b
1		Department's Enterprise Data Warehouse as of May 11, 2020.
2		(7) Alzheimer's treatment access payment. Each
3		Illinois academic medical center or teaching hospital, as
4		defined in Section 5-5e.2 of this Code, that is identified
5		as the primary hospital affiliate of one of the Regional
6		Alzheimer's Disease Assistance Centers, as designated by
7		the Alzheimer's Disease Assistance Act and identified in
8		the Department of Public Health's Alzheimer's Disease
9		State Plan dated December 2016, shall be paid an
10		Alzheimer's treatment access payment equal to the product
11		of the qualifying hospital's State Fiscal Year 2018 total
12		inpatient fee-for-service days multiplied by the
13		applicable Alzheimer's treatment rate of $226.30 for
14		hospitals located in Cook County and $116.21 for hospitals
15		located outside Cook County.
16		(d-2) Fee-for-service supplemental payments. Beginning
17		January 1, 2023, each Illinois hospital shall receive an
18		annual payment equal to the amounts listed below, to be paid in
19		12 equal installments on or before the seventh State business
20		day of each month, except that no payment shall be due within
21		30 days after the later of the date of notification of federal
22		approval of the payment methodologies required under this
23		Section or any waiver required under 42 CFR 433.68, at which
24		time the sum of amounts required under this Section prior to
25		the date of notification is due and payable. The Department
26		may adjust the rates in paragraphs (1) through (7) to comply

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1		with the federal upper payment limits, with such adjustments
2		being determined so that the total estimated spending by
3		hospital class, under such adjusted rates, remains
4		substantially similar to the total estimated spending under
5		the original rates set forth in this subsection.
6		(1) For critical access hospitals, as defined in
7		subsection (f), $750 per covered inpatient day contained
8		in paid fee-for-service claims and $750 per paid
9		fee-for-service outpatient claim for dates of service in
10		Calendar Year 2019 in the Department's Enterprise Data
11		Warehouse as of August 6, 2021.
12		(2) For safety-net hospitals, as described in
13		subsection (f), $1,350 per inpatient day contained in paid
14		fee-for-service claims and $1,350 per paid fee-for-service
15		outpatient claim for dates of service in Calendar Year
16		2019 in the Department's Enterprise Data Warehouse as of
17		August 6, 2021.
18		(3) For long term acute care hospitals, $550 per
19		covered inpatient day contained in paid fee-for-service
20		claims for dates of service in Calendar Year 2019 in the
21		Department's Enterprise Data Warehouse as of August 6,
22		2021.
23		(4) For freestanding psychiatric hospitals, $200 per
24		covered inpatient day contained in paid fee-for-service
25		claims and $200 per paid fee-for-service outpatient claim
26		for dates of service in Calendar Year 2019 in the

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1		Department's Enterprise Data Warehouse as of August 6,
2		2021.
3		(5) For freestanding rehabilitation hospitals, $550
4		per covered inpatient day contained in paid
5		fee-for-service claims and $125 per paid fee-for-service
6		outpatient claim for dates of service in Calendar Year
7		2019 in the Department's Enterprise Data Warehouse as of
8		August 6, 2021.
9		(6) For all general acute care hospitals and high
10		Medicaid hospitals as defined in subsection (f), $500 per
11		covered inpatient day for dates of service in Calendar
12		Year 2019 contained in paid fee-for-service claims and
13		$500 per paid fee-for-service outpatient claim in the
14		Department's Enterprise Data Warehouse as of August 6,
15		2021.
16		(7) For public hospitals, as defined in subsection
17		(f), $275 per covered inpatient day contained in paid
18		fee-for-service claims and $275 per paid fee-for-service
19		outpatient claim for dates of service in Calendar Year
20		2019 in the Department's Enterprise Data Warehouse as of
21		August 6, 2021.
22		(8) Alzheimer's treatment access payment. Each
23		Illinois academic medical center or teaching hospital, as
24		defined in Section 5-5e.2 of this Code, that is identified
25		as the primary hospital affiliate of one of the Regional
26		Alzheimer's Disease Assistance Centers, as designated by

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1		the Alzheimer's Disease Assistance Act and identified in
2		the Department of Public Health's Alzheimer's Disease
3		State Plan dated December 2016, shall be paid an
4		Alzheimer's treatment access payment equal to the product
5		of the qualifying hospital's Calendar Year 2019 total
6		inpatient fee-for-service days, in the Department's
7		Enterprise Data Warehouse as of August 6, 2021, multiplied
8		by the applicable Alzheimer's treatment rate of $244.37
9		for hospitals located in Cook County and $312.03 for
10		hospitals located outside Cook County.
11		(e) The Department shall require managed care
12		organizations (MCOs) to make directed payments and
13		pass-through payments according to this Section. Each calendar
14		year, the Department shall require MCOs to pay the maximum
15		amount out of these funds as allowed as pass-through payments
16		under federal regulations. The Department shall require MCOs
17		to make such pass-through payments as specified in this
18		Section. The Department shall require the MCOs to pay the
19		remaining amounts as directed Payments as specified in this
20		Section. The Department shall issue payments to the
21		Comptroller by the seventh business day of each month for all
22		MCOs that are sufficient for MCOs to make the directed
23		payments and pass-through payments according to this Section.
24		The Department shall require the MCOs to make pass-through
25		payments and directed payments using electronic funds
26		transfers (EFT), if the hospital provides the information

SB1720 Enrolled - 65 - LRB102 15815 RJF 21183 b
1		necessary to process such EFTs, in accordance with directions
2		provided monthly by the Department, within 7 business days of
3		the date the funds are paid to the MCOs, as indicated by the
4		"Paid Date" on the website of the Office of the Comptroller if
5		the funds are paid by EFT and the MCOs have received directed
6		payment instructions. If funds are not paid through the
7		Comptroller by EFT, payment must be made within 7 business
8		days of the date actually received by the MCO. The MCO will be
9		considered to have paid the pass-through payments when the
10		payment remittance number is generated or the date the MCO
11		sends the check to the hospital, if EFT information is not
12		supplied. If an MCO is late in paying a pass-through payment or
13		directed payment as required under this Section (including any
14		extensions granted by the Department), it shall pay a penalty,
15		unless waived by the Department for reasonable cause, to the
16		Department equal to 5% of the amount of the pass-through
17		payment or directed payment not paid on or before the due date
18		plus 5% of the portion thereof remaining unpaid on the last day
19		of each 30-day period thereafter. Payments to MCOs that would
20		be paid consistent with actuarial certification and enrollment
21		in the absence of the increased capitation payments under this
22		Section shall not be reduced as a consequence of payments made
23		under this subsection. The Department shall publish and
24		maintain on its website for a period of no less than 8 calendar
25		quarters, the quarterly calculation of directed payments and
26		pass-through payments owed to each hospital from each MCO. All

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1		calculations and reports shall be posted no later than the
2		first day of the quarter for which the payments are to be
3		issued.
4		(f)(1) For purposes of allocating the funds included in
5		capitation payments to MCOs, Illinois hospitals shall be
6		divided into the following classes as defined in
7		administrative rules:
8		(A) Beginning July 1, 2020 through December 31, 2022,
9		critical access hospitals. Beginning January 1, 2023,
10		"critical access hospital" means a hospital designated by
11		the Department of Public Health as a critical access
12		hospital, excluding any hospital meeting the definition of
13		a public hospital in subparagraph (F).
14		(B) Safety-net hospitals, except that stand-alone
15		children's hospitals that are not specialty children's
16		hospitals will not be included. For the calendar year
17		beginning January 1, 2023, and each calendar year
18		thereafter, assignment to the safety-net class shall be
19		based on the annual safety-net rate year beginning 15
20		months before the beginning of the first Payout Quarter of
21		the calendar year.
22		(C) Long term acute care hospitals.
23		(D) Freestanding psychiatric hospitals.
24		(E) Freestanding rehabilitation hospitals.
25		(F) Beginning January 1, 2023, "public hospital" means
26		a hospital that is owned or operated by an Illinois

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1		Government body or municipality, excluding a hospital
2		provider that is a State agency, a State university, or a
3		county with a population of 3,000,000 or more.
4		(G) High Medicaid hospitals.
5		(i) As used in this Section, "high Medicaid
6		hospital" means a general acute care hospital that:
7		(I) For the payout periods July 1, 2020
8		through December 31, 2022, is not a safety-net
9		hospital or critical access hospital and that has
10		a Medicaid Inpatient Utilization Rate above 30% or
11		a hospital that had over 35,000 inpatient Medicaid
12		days during the applicable period. For the period
13		July 1, 2020 through December 31, 2020, the
14		applicable period for the Medicaid Inpatient
15		Utilization Rate (MIUR) is the rate year 2020 MIUR
16		and for the number of inpatient days it is State
17		fiscal year 2018. Beginning in calendar year 2021,
18		the Department shall use the most recently
19		determined MIUR, as defined in subsection (h) of
20		Section 5-5.02, and for the inpatient day
21		threshold, the State fiscal year ending 18 months
22		prior to the beginning of the calendar year. For
23		purposes of calculating MIUR under this Section,
24		children's hospitals and affiliated general acute
25		care hospitals shall be considered a single
26		hospital.

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1		(II) For the calendar year beginning January
2		1, 2023, and each calendar year thereafter, is not
3		a public hospital, safety-net hospital, or
4		critical access hospital and that qualifies as a
5		regional high volume hospital or is a hospital
6		that has a Medicaid Inpatient Utilization Rate
7		(MIUR) above 30%. As used in this item, "regional
8		high volume hospital" means a hospital which ranks
9		in the top 2 quartiles based on total hospital
10		services volume, of all eligible general acute
11		care hospitals, when ranked in descending order
12		based on total hospital services volume, within
13		the same Medicaid managed care region, as
14		designated by the Department, as of January 1,
15		2022. As used in this item, "total hospital
16		services volume" means the total of all Medical
17		Assistance hospital inpatient admissions plus all
18		Medical Assistance hospital outpatient visits. For
19		purposes of determining regional high volume
20		hospital inpatient admissions and outpatient
21		visits, the Department shall use dates of service
22		provided during State Fiscal Year 2020 for the
23		Payout Quarter beginning January 1, 2023. The
24		Department shall use dates of service from the
25		State fiscal year ending 18 month before the
26		beginning of the first Payout Quarter of the

SB1720 Enrolled - 69 - LRB102 15815 RJF 21183 b
1		subsequent annual determination period.
2		(ii) For the calendar year beginning January 1,
3		2023, the Department shall use the Rate Year 2022
4		Medicaid inpatient utilization rate (MIUR), as defined
5		in subsection (h) of Section 5-5.02. For each
6		subsequent annual determination, the Department shall
7		use the MIUR applicable to the rate year ending
8		September 30 of the year preceding the beginning of
9		the calendar year.
10		(H) General acute care hospitals. As used under this
11		Section, "general acute care hospitals" means all other
12		Illinois hospitals not identified in subparagraphs (A)
13		through (G).
14		(2) Hospitals' qualification for each class shall be
15		assessed prior to the beginning of each calendar year and the
16		new class designation shall be effective January 1 of the next
17		year. The Department shall publish by rule the process for
18		establishing class determination.
19		(g) Fixed pool directed payments. Beginning July 1, 2020,
20		the Department shall issue payments to MCOs which shall be
21		used to issue directed payments to qualified Illinois
22		safety-net hospitals and critical access hospitals on a
23		monthly basis in accordance with this subsection. Prior to the
24		beginning of each Payout Quarter beginning July 1, 2020, the
25		Department shall use encounter claims data from the
26		Determination Quarter, accepted by the Department's Medicaid

SB1720 Enrolled - 70 - LRB102 15815 RJF 21183 b
1		Management Information System for inpatient and outpatient
2		services rendered by safety-net hospitals and critical access
3		hospitals to determine a quarterly uniform per unit add-on for
4		each hospital class.
5		(1) Inpatient per unit add-on. A quarterly uniform per
6		diem add-on shall be derived by dividing the quarterly
7		Inpatient Directed Payments Pool amount allocated to the
8		applicable hospital class by the total inpatient days
9		contained on all encounter claims received during the
10		Determination Quarter, for all hospitals in the class.
11		(A) Each hospital in the class shall have a
12		quarterly inpatient directed payment calculated that
13		is equal to the product of the number of inpatient days
14		attributable to the hospital used in the calculation
15		of the quarterly uniform class per diem add-on,
16		multiplied by the calculated applicable quarterly
17		uniform class per diem add-on of the hospital class.
18		(B) Each hospital shall be paid 1/3 of its
19		quarterly inpatient directed payment in each of the 3
20		months of the Payout Quarter, in accordance with
21		directions provided to each MCO by the Department.
22		(2) Outpatient per unit add-on. A quarterly uniform
23		per claim add-on shall be derived by dividing the
24		quarterly Outpatient Directed Payments Pool amount
25		allocated to the applicable hospital class by the total
26		outpatient encounter claims received during the

SB1720 Enrolled - 71 - LRB102 15815 RJF 21183 b
1		Determination Quarter, for all hospitals in the class.
2		(A) Each hospital in the class shall have a
3		quarterly outpatient directed payment calculated that
4		is equal to the product of the number of outpatient
5		encounter claims attributable to the hospital used in
6		the calculation of the quarterly uniform class per
7		claim add-on, multiplied by the calculated applicable
8		quarterly uniform class per claim add-on of the
9		hospital class.
10		(B) Each hospital shall be paid 1/3 of its
11		quarterly outpatient directed payment in each of the 3
12		months of the Payout Quarter, in accordance with
13		directions provided to each MCO by the Department.
14		(3) Each MCO shall pay each hospital the Monthly
15		Directed Payment as identified by the Department on its
16		quarterly determination report.
17		(4) Definitions. As used in this subsection:
18		(A) "Payout Quarter" means each 3 month calendar
19		quarter, beginning July 1, 2020.
20		(B) "Determination Quarter" means each 3 month
21		calendar quarter, which ends 3 months prior to the
22		first day of each Payout Quarter.
23		(5) For the period July 1, 2020 through December 2020,
24		the following amounts shall be allocated to the following
25		hospital class directed payment pools for the quarterly
26		development of a uniform per unit add-on:

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1		(A) $2,894,500 for hospital inpatient services for
2		critical access hospitals.
3		(B) $4,294,374 for hospital outpatient services
4		for critical access hospitals.
5		(C) $29,109,330 for hospital inpatient services
6		for safety-net hospitals.
7		(D) $35,041,218 for hospital outpatient services
8		for safety-net hospitals.
9		(6) For the period January 1, 2023 through December
10		31, 2023, the Department shall establish the amounts that
11		shall be allocated to the hospital class directed payment
12		fixed pools identified in this paragraph for the quarterly
13		development of a uniform per unit add-on. The Department
14		shall establish such amounts so that the total amount of
15		payments to each hospital under this Section in calendar
16		year 2023 is projected to be substantially similar to the
17		total amount of such payments received by the hospital
18		under this Section in calendar year 2021, adjusted for
19		increased funding provided for fixed pool directed
20		payments under subsection (g) in calendar year 2022,
21		assuming that the volume and acuity of claims are held
22		constant. The Department shall publish the directed
23		payment fixed pool amounts to be established under this
24		paragraph on its website by November 15, 2022.
25		(A) Hospital inpatient services for critical
26		access hospitals.

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1		(B) Hospital outpatient services for critical
2		access hospitals.
3		(C) Hospital inpatient services for public
4		hospitals.
5		(D) Hospital outpatient services for public
6		hospitals.
7		(E) Hospital inpatient services for safety-net
8		hospitals.
9		(F) Hospital outpatient services for safety-net
10		hospitals.
11		(7) Semi-annual rate maintenance review. The
12		Department shall ensure that hospitals assigned to the
13		fixed pools in paragraph (6) are paid no less than 95% of
14		the annual initial rate for each 6-month period of each
15		annual payout period. For each calendar year, the
16		Department shall calculate the annual initial rate per day
17		and per visit for each fixed pool hospital class listed in
18		paragraph (6), by dividing the total of all applicable
19		inpatient or outpatient directed payments issued in the
20		preceding calendar year to the hospitals in each fixed
21		pool class for the calendar year, plus any increase
22		resulting from the annual adjustments described in
23		subsection (i), by the actual applicable total service
24		units for the preceding calendar year which were the basis
25		of the total applicable inpatient or outpatient directed
26		payments issued to the hospitals in each fixed pool class

SB1720 Enrolled - 74 - LRB102 15815 RJF 21183 b
1		in the calendar year, except that for calendar year 2023,
2		the service units from calendar year 2021 shall be used.
3		(A) The Department shall calculate the effective
4		rate, per day and per visit, for the payout periods of
5		January to June and July to December of each year, for
6		each fixed pool listed in paragraph (6), by dividing
7		50% of the annual pool by the total applicable
8		reported service units for the 2 applicable
9		determination quarters.
10		(B) If the effective rate calculated in
11		subparagraph (A) is less than 95% of the annual
12		initial rate assigned to the class for each pool under
13		paragraph (6), the Department shall adjust the payment
14		for each hospital to a level equal to no less than 95%
15		of the annual initial rate, by issuing a retroactive
16		adjustment payment for the 6-month period under review
17		as identified in subparagraph (A).
18		(h) Fixed rate directed payments. Effective July 1, 2020,
19		the Department shall issue payments to MCOs which shall be
20		used to issue directed payments to Illinois hospitals not
21		identified in paragraph (g) on a monthly basis. Prior to the
22		beginning of each Payout Quarter beginning July 1, 2020, the
23		Department shall use encounter claims data from the
24		Determination Quarter, accepted by the Department's Medicaid
25		Management Information System for inpatient and outpatient
26		services rendered by hospitals in each hospital class

SB1720 Enrolled - 75 - LRB102 15815 RJF 21183 b
1		identified in paragraph (f) and not identified in paragraph
2		(g). For the period July 1, 2020 through December 2020, the
3		Department shall direct MCOs to make payments as follows:
4		(1) For general acute care hospitals an amount equal
5		to $1,750 multiplied by the hospital's category of service
6		20 case mix index for the determination quarter multiplied
7		by the hospital's total number of inpatient admissions for
8		category of service 20 for the determination quarter.
9		(2) For general acute care hospitals an amount equal
10		to $160 multiplied by the hospital's category of service
11		21 case mix index for the determination quarter multiplied
12		by the hospital's total number of inpatient admissions for
13		category of service 21 for the determination quarter.
14		(3) For general acute care hospitals an amount equal
15		to $80 multiplied by the hospital's category of service 22
16		case mix index for the determination quarter multiplied by
17		the hospital's total number of inpatient admissions for
18		category of service 22 for the determination quarter.
19		(4) For general acute care hospitals an amount equal
20		to $375 multiplied by the hospital's category of service
21		24 case mix index for the determination quarter multiplied
22		by the hospital's total number of category of service 24
23		paid EAPG (EAPGs) for the determination quarter.
24		(5) For general acute care hospitals an amount equal
25		to $240 multiplied by the hospital's category of service
26		27 and 28 case mix index for the determination quarter

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1		multiplied by the hospital's total number of category of
2		service 27 and 28 paid EAPGs for the determination
3		quarter.
4		(6) For general acute care hospitals an amount equal
5		to $290 multiplied by the hospital's category of service
6		29 case mix index for the determination quarter multiplied
7		by the hospital's total number of category of service 29
8		paid EAPGs for the determination quarter.
9		(7) For high Medicaid hospitals an amount equal to
10		$1,800 multiplied by the hospital's category of service 20
11		case mix index for the determination quarter multiplied by
12		the hospital's total number of inpatient admissions for
13		category of service 20 for the determination quarter.
14		(8) For high Medicaid hospitals an amount equal to
15		$160 multiplied by the hospital's category of service 21
16		case mix index for the determination quarter multiplied by
17		the hospital's total number of inpatient admissions for
18		category of service 21 for the determination quarter.
19		(9) For high Medicaid hospitals an amount equal to $80
20		multiplied by the hospital's category of service 22 case
21		mix index for the determination quarter multiplied by the
22		hospital's total number of inpatient admissions for
23		category of service 22 for the determination quarter.
24		(10) For high Medicaid hospitals an amount equal to
25		$400 multiplied by the hospital's category of service 24
26		case mix index for the determination quarter multiplied by

SB1720 Enrolled - 77 - LRB102 15815 RJF 21183 b
1		the hospital's total number of category of service 24 paid
2		EAPG outpatient claims for the determination quarter.
3		(11) For high Medicaid hospitals an amount equal to
4		$240 multiplied by the hospital's category of service 27
5		and 28 case mix index for the determination quarter
6		multiplied by the hospital's total number of category of
7		service 27 and 28 paid EAPGs for the determination
8		quarter.
9		(12) For high Medicaid hospitals an amount equal to
10		$290 multiplied by the hospital's category of service 29
11		case mix index for the determination quarter multiplied by
12		the hospital's total number of category of service 29 paid
13		EAPGs for the determination quarter.
14		(13) For long term acute care hospitals the amount of
15		$495 multiplied by the hospital's total number of
16		inpatient days for the determination quarter.
17		(14) For psychiatric hospitals the amount of $210
18		multiplied by the hospital's total number of inpatient
19		days for category of service 21 for the determination
20		quarter.
21		(15) For psychiatric hospitals the amount of $250
22		multiplied by the hospital's total number of outpatient
23		claims for category of service 27 and 28 for the
24		determination quarter.
25		(16) For rehabilitation hospitals the amount of $410
26		multiplied by the hospital's total number of inpatient

SB1720 Enrolled - 78 - LRB102 15815 RJF 21183 b
1		days for category of service 22 for the determination
2		quarter.
3		(17) For rehabilitation hospitals the amount of $100
4		multiplied by the hospital's total number of outpatient
5		claims for category of service 29 for the determination
6		quarter.
7		(18) Effective for the Payout Quarter beginning
8		January 1, 2023, for the directed payments to hospitals
9		required under this subsection, the Department shall
10		establish the amounts that shall be used to calculate such
11		directed payments using the methodologies specified in
12		this paragraph. The Department shall use a single, uniform
13		rate, adjusted for acuity as specified in paragraphs (1)
14		through (12), for all categories of inpatient services
15		provided by each class of hospitals and a single uniform
16		rate, adjusted for acuity as specified in paragraphs (1)
17		through (12), for all categories of outpatient services
18		provided by each class of hospitals. The Department shall
19		establish such amounts so that the total amount of
20		payments to each hospital under this Section in calendar
21		year 2023 is projected to be substantially similar to the
22		total amount of such payments received by the hospital
23		under this Section in calendar year 2021, adjusted for
24		increased funding provided for fixed pool directed
25		payments under subsection (g) in calendar year 2022,
26		assuming that the volume and acuity of claims are held

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1		constant. The Department shall publish the directed
2		payment amounts to be established under this subsection on
3		its website by November 15, 2022.
4		(19) Each hospital shall be paid 1/3 of their
5		quarterly inpatient and outpatient directed payment in
6		each of the 3 months of the Payout Quarter, in accordance
7		with directions provided to each MCO by the Department.
8		20 Each MCO shall pay each hospital the Monthly
9		Directed Payment amount as identified by the Department on
10		its quarterly determination report.
11		Notwithstanding any other provision of this subsection, if
12		the Department determines that the actual total hospital
13		utilization data that is used to calculate the fixed rate
14		directed payments is substantially different than anticipated
15		when the rates in this subsection were initially determined
16		for unforeseeable circumstances (such as the COVID-19 pandemic
17		or some other public health emergency), the Department may
18		adjust the rates specified in this subsection so that the
19		total directed payments approximate the total spending amount
20		anticipated when the rates were initially established.
21		Definitions. As used in this subsection:
22		(A) "Payout Quarter" means each calendar quarter,
23		beginning July 1, 2020.
24		(B) "Determination Quarter" means each calendar
25		quarter which ends 3 months prior to the first day of
26		each Payout Quarter.

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1		(C) "Case mix index" means a hospital specific
2		calculation. For inpatient claims the case mix index
3		is calculated each quarter by summing the relative
4		weight of all inpatient Diagnosis-Related Group (DRG)
5		claims for a category of service in the applicable
6		Determination Quarter and dividing the sum by the
7		number of sum total of all inpatient DRG admissions
8		for the category of service for the associated claims.
9		The case mix index for outpatient claims is calculated
10		each quarter by summing the relative weight of all
11		paid EAPGs in the applicable Determination Quarter and
12		dividing the sum by the sum total of paid EAPGs for the
13		associated claims.
14		(i) Beginning January 1, 2021, the rates for directed
15		payments shall be recalculated in order to spend the
16		additional funds for directed payments that result from
17		reduction in the amount of pass-through payments allowed under
18		federal regulations. The additional funds for directed
19		payments shall be allocated proportionally to each class of
20		hospitals based on that class' proportion of services.
21		(1) Beginning January 1, 2024, the fixed pool directed
22		payment amounts and the associated annual initial rates
23		referenced in paragraph (6) of subsection (f) for each
24		hospital class shall be uniformly increased by a ratio of
25		not less than, the ratio of the total pass-through
26		reduction amount pursuant to paragraph (4) of subsection

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1		(j), for the hospitals comprising the hospital fixed pool
2		directed payment class for the next calendar year, to the
3		total inpatient and outpatient directed payments for the
4		hospitals comprising the hospital fixed pool directed
5		payment class paid during the preceding calendar year.
6		(2) Beginning January 1, 2024, the fixed rates for the
7		directed payments referenced in paragraph (18) of
8		subsection (h) for each hospital class shall be uniformly
9		increased by a ratio of not less than, the ratio of the
10		total pass-through reduction amount pursuant to paragraph
11		(4) of subsection (j), for the hospitals comprising the
12		hospital directed payment class for the next calendar
13		year, to the total inpatient and outpatient directed
14		payments for the hospitals comprising the hospital fixed
15		rate directed payment class paid during the preceding
16		calendar year.
17		(j) Pass-through payments.
18		(1) For the period July 1, 2020 through December 31,
19		2020, the Department shall assign quarterly pass-through
20		payments to each class of hospitals equal to one-fourth of
21		the following annual allocations:
22		(A) $390,487,095 to safety-net hospitals.
23		(B) $62,553,886 to critical access hospitals.
24		(C) $345,021,438 to high Medicaid hospitals.
25		(D) $551,429,071 to general acute care hospitals.
26		(E) $27,283,870 to long term acute care hospitals.

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1		(F) $40,825,444 to freestanding psychiatric
2		hospitals.
3		(G) $9,652,108 to freestanding rehabilitation
4		hospitals.
5		(2) For the period of July 1, 2020 through December
6		31, 2020, the pass-through payments shall at a minimum
7		ensure hospitals receive a total amount of monthly
8		payments under this Section as received in calendar year
9		2019 in accordance with this Article and paragraph (1) of
10		subsection (d-5) of Section 14-12, exclusive of amounts
11		received through payments referenced in subsection (b).
12		(3) For the calendar year beginning January 1, 2023,
13		the Department shall establish the annual pass-through
14		allocation to each class of hospitals and the pass-through
15		payments to each hospital so that the total amount of
16		payments to each hospital under this Section in calendar
17		year 2023 is projected to be substantially similar to the
18		total amount of such payments received by the hospital
19		under this Section in calendar year 2021, adjusted for
20		increased funding provided for fixed pool directed
21		payments under subsection (g) in calendar year 2022,
22		assuming that the volume and acuity of claims are held
23		constant. The Department shall publish the pass-through
24		allocation to each class and the pass-through payments to
25		each hospital to be established under this subsection on
26		its website by November 15, 2022.

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1		(4) For the calendar years beginning January 1, 2021,
2		January 1, 2022, and January 1, 2024, and each calendar
3		year thereafter, each hospital's pass-through payment
4		amount shall be reduced proportionally to the reduction of
5		all pass-through payments required by federal regulations.
6		(k) At least 30 days prior to each calendar year, the
7		Department shall notify each hospital of changes to the
8		payment methodologies in this Section, including, but not
9		limited to, changes in the fixed rate directed payment rates,
10		the aggregate pass-through payment amount for all hospitals,
11		and the hospital's pass-through payment amount for the
12		upcoming calendar year.
13		(l) Notwithstanding any other provisions of this Section,
14		the Department may adopt rules to change the methodology for
15		directed and pass-through payments as set forth in this
16		Section, but only to the extent necessary to obtain federal
17		approval of a necessary State Plan amendment or Directed
18		Payment Preprint or to otherwise conform to federal law or
19		federal regulation.
20		(m) As used in this subsection, "managed care
21		organization" or "MCO" means an entity which contracts with
22		the Department to provide services where payment for medical
23		services is made on a capitated basis, excluding contracted
24		entities for dual eligible or Department of Children and
25		Family Services youth populations.
26		(n) In order to address the escalating infant mortality

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1		rates among minority communities in Illinois, the State shall,
2		subject to appropriation, create a pool of funding of at least
3		$50,000,000 annually to be disbursed among safety-net
4		hospitals that maintain perinatal designation from the
5		Department of Public Health. The funding shall be used to
6		preserve or enhance OB/GYN services or other specialty
7		services at the receiving hospital, with the distribution of
8		funding to be established by rule and with consideration to
9		perinatal hospitals with safe birthing levels and quality
10		metrics for healthy mothers and babies.
11		(o) In order to address the growing challenges of
12		providing stable access to healthcare in rural Illinois,
13		including perinatal services, behavioral healthcare including
14		substance use disorder services (SUDs) and other specialty
15		services, and to expand access to telehealth services among
16		rural communities in Illinois, the Department of Healthcare
17		and Family Services, subject to appropriation, shall
18		administer a program to provide at least $10,000,000 in
19		financial support annually to critical access hospitals for
20		delivery of perinatal and OB/GYN services, behavioral
21		healthcare including SUDS, other specialty services and
22		telehealth services. The funding shall be used to preserve or
23		enhance perinatal and OB/GYN services, behavioral healthcare
24		including SUDS, other specialty services, as well as the
25		explanation of telehealth services by the receiving hospital,
26		with the distribution of funding to be established by rule.

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1		(p) For calendar year 2023, the final amounts, rates, and
2		payments under subsections (c), (d-2), (g), (h), and (j) shall
3		be established by the Department, so that the sum of the total
4		estimated annual payments under subsections (c), (d-2), (g),
5		(h), and (j) for each hospital class for calendar year 2023, is
6		no less than:
7		(1) $858,260,000 to safety-net hospitals.
8		(2) $86,200,000 to critical access hospitals.
9		(3) $1,765,000,000 to high Medicaid hospitals.
10		(4) $673,860,000 to general acute care hospitals.
11		(5) $48,330,000 to long term acute care hospitals.
12		(6) $89,110,000 to freestanding psychiatric hospitals.
13		(7) $24,300,000 to freestanding rehabilitation
14		hospitals.
15		(8) $32,570,000 to public hospitals.
16		(q) Hospital Pandemic Recovery Stabilization Payments.
17		The Department shall disburse a pool of $460,000,000 in
18		stability payments to hospitals prior to April 1, 2023. The
19		allocation of the pool shall be based on the hospital directed
20		payment classes and directed payments issued, during Calendar
21		Year 2022 with added consideration to safety net hospitals, as
22		defined in subdivision (f)(1)(B) of this Section, and critical
23		access hospitals.
24		(Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21;
25		102-16, eff. 6-17-21; 102-886, eff. 5-17-22.)

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1		Section 5-40. The Illinois Human Rights Act is amended by
2		changing Section 7-101 as follows:
3		(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
4		Sec. 7-101. Powers and Duties. In addition to other powers
5		and duties prescribed in this Act, the Department shall have
6		the following powers:
7		(A) Rules and Regulations. To adopt, promulgate, amend,
8		and rescind rules and regulations not inconsistent with the
9		provisions of this Act pursuant to the Illinois Administrative
10		Procedure Act.
11		(B) Charges. To issue, receive, investigate, conciliate,
12		settle, and dismiss charges filed in conformity with this Act.
13		(C) Compulsory Process. To request subpoenas as it deems
14		necessary for its investigations.
15		(D) Complaints. To file complaints with the Commission in
16		conformity with this Act.
17		(E) Judicial Enforcement. To seek temporary relief and to
18		enforce orders of the Commission in conformity with this Act.
19		(F) Equal Employment Opportunities. To take such action as
20		may be authorized to provide for equal employment
21		opportunities and affirmative action.
22		(G) Recruitment; Research; Public Communication; Advisory
23		Councils. To engage in such recruitment, research and public
24		communication and create such advisory councils as may be
25		authorized to effectuate the purposes of this Act.

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1		(H) Coordination with other Agencies. To coordinate its
2		activities with federal, state, and local agencies in
3		conformity with this Act.
4		(I) Public Grants; Private Gifts.
5		(1) To accept public grants and private gifts as may
6		be authorized.
7		(2) To design grant programs and award grants to
8		eligible recipients.
9		(J) Education and Training. To implement a formal and
10		unbiased program of education and training for all employees
11		assigned to investigate and conciliate charges under Articles
12		7A and 7B. The training program shall include the following:
13		(1) substantive and procedural aspects of the
14		investigation and conciliation positions;
15		(2) current issues in human rights law and practice;
16		(3) lectures by specialists in substantive areas
17		related to human rights matters;
18		(4) orientation to each operational unit of the
19		Department and Commission;
20		(5) observation of experienced Department
21		investigators and attorneys conducting conciliation
22		conferences, combined with the opportunity to discuss
23		evidence presented and rulings made;
24		(6) the use of hypothetical cases requiring the
25		Department investigator and conciliation conference
26		attorney to issue judgments as a means to evaluating

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1		knowledge and writing ability;
2		(7) writing skills;
3		(8) computer skills, including but not limited to word
4		processing and document management.
5		A formal, unbiased and ongoing professional development
6		program including, but not limited to, the above-noted areas
7		shall be implemented to keep Department investigators and
8		attorneys informed of recent developments and issues and to
9		assist them in maintaining and enhancing their professional
10		competence.
11		(Source: P.A. 99-74, eff. 7-20-15.)
12		ARTICLE 10
13		Section 10-5. The State Officials and Employees Ethics Act
14		is amended by changing Section 20-10 as follows:
15		(5 ILCS 430/20-10)
16		Sec. 20-10. Offices of Executive Inspectors General.
17		(a) Five independent Offices of the Executive Inspector
18		General are created, one each for the Governor, the Attorney
19		General, the Secretary of State, the Comptroller, and the
20		Treasurer. Each Office shall be under the direction and
21		supervision of an Executive Inspector General and shall be a
22		fully independent office with separate appropriations.
23		(b) The Governor, Attorney General, Secretary of State,

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1		Comptroller, and Treasurer shall each appoint an Executive
2		Inspector General, without regard to political affiliation and
3		solely on the basis of integrity and demonstrated ability.
4		Appointments shall be made by and with the advice and consent
5		of the Senate by three-fifths of the elected members
6		concurring by record vote. Any nomination not acted upon by
7		the Senate within 60 session days of the receipt thereof shall
8		be deemed to have received the advice and consent of the
9		Senate. If, during a recess of the Senate, there is a vacancy
10		in an office of Executive Inspector General, the appointing
11		authority shall make a temporary appointment until the next
12		meeting of the Senate when the appointing authority shall make
13		a nomination to fill that office. No person rejected for an
14		office of Executive Inspector General shall, except by the
15		Senate's request, be nominated again for that office at the
16		same session of the Senate or be appointed to that office
17		during a recess of that Senate.
18		Nothing in this Article precludes the appointment by the
19		Governor, Attorney General, Secretary of State, Comptroller,
20		or Treasurer of any other inspector general required or
21		permitted by law. The Governor, Attorney General, Secretary of
22		State, Comptroller, and Treasurer each may appoint an existing
23		inspector general as the Executive Inspector General required
24		by this Article, provided that such an inspector general is
25		not prohibited by law, rule, jurisdiction, qualification, or
26		interest from serving as the Executive Inspector General

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1		required by this Article. An appointing authority may not
2		appoint a relative as an Executive Inspector General.
3		Each Executive Inspector General shall have the following
4		qualifications:
5		(1) has not been convicted of any felony under the
6		laws of this State, another State, or the United States;
7		(2) has earned a baccalaureate degree from an
8		institution of higher education; and
9		(3) has 5 or more years of cumulative service (A) with
10		a federal, State, or local law enforcement agency, at
11		least 2 years of which have been in a progressive
12		investigatory capacity; (B) as a federal, State, or local
13		prosecutor; (C) as a senior manager or executive of a
14		federal, State, or local agency; (D) as a member, an
15		officer, or a State or federal judge; or (E) representing
16		any combination of items (A) through (D).
17		The term of each initial Executive Inspector General shall
18		commence upon qualification and shall run through June 30,
19		2008. The initial appointments shall be made within 60 days
20		after the effective date of this Act.
21		After the initial term, each Executive Inspector General
22		shall serve for 5-year terms commencing on July 1 of the year
23		of appointment and running through June 30 of the fifth
24		following year. An Executive Inspector General may be
25		reappointed to one or more subsequent terms.
26		A vacancy occurring other than at the end of a term shall

SB1720 Enrolled - 91 - LRB102 15815 RJF 21183 b
1		be filled by the appointing authority only for the balance of
2		the term of the Executive Inspector General whose office is
3		vacant.
4		Terms shall run regardless of whether the position is
5		filled.
6		(c) The Executive Inspector General appointed by the
7		Attorney General shall have jurisdiction over the Attorney
8		General and all officers and employees of, and vendors and
9		others doing business with, State agencies within the
10		jurisdiction of the Attorney General. The Executive Inspector
11		General appointed by the Secretary of State shall have
12		jurisdiction over the Secretary of State and all officers and
13		employees of, and vendors and others doing business with,
14		State agencies within the jurisdiction of the Secretary of
15		State. The Executive Inspector General appointed by the
16		Comptroller shall have jurisdiction over the Comptroller and
17		all officers and employees of, and vendors and others doing
18		business with, State agencies within the jurisdiction of the
19		Comptroller. The Executive Inspector General appointed by the
20		Treasurer shall have jurisdiction over the Treasurer and all
21		officers and employees of, and vendors and others doing
22		business with, State agencies within the jurisdiction of the
23		Treasurer. The Executive Inspector General appointed by the
24		Governor shall have jurisdiction over (i) the Governor, (ii)
25		the Lieutenant Governor, (iii) all officers and employees of,
26		and vendors and others doing business with, executive branch

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1		State agencies under the jurisdiction of the Executive Ethics
2		Commission and not within the jurisdiction of the Attorney
3		General, the Secretary of State, the Comptroller, or the
4		Treasurer, and (iv) all board members and employees of the
5		Regional Transit Boards and all vendors and others doing
6		business with the Regional Transit Boards.
7		The jurisdiction of each Executive Inspector General is to
8		investigate allegations of fraud, waste, abuse, mismanagement,
9		misconduct, nonfeasance, misfeasance, malfeasance, or
10		violations of this Act or violations of other related laws and
11		rules.
12		Each Executive Inspector General shall have jurisdiction
13		over complainants in violation of subsection (e) of Section
14		20-63 for disclosing a summary report prepared by the
15		respective Executive Inspector General.
16		(d) The compensation for each Executive Inspector General
17		shall be determined by the Executive Ethics Commission and
18		shall be provided made from appropriations made to the
19		Comptroller for this purpose. For terms of office beginning on
20		or after July 1, 2023, each Executive Inspector General shall
21		receive, on July 1 of each year, beginning on July 1, 2024, an
22		increase in salary based on a cost of living adjustment as
23		authorized by Senate Joint Resolution 192 of the 86th General
24		Assembly. Subject to Section 20-45 of this Act, each Executive
25		Inspector General has full authority to organize his or her
26		Office of the Executive Inspector General, including the

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1		employment and determination of the compensation of staff,
2		such as deputies, assistants, and other employees, as
3		appropriations permit. A separate appropriation shall be made
4		for each Office of Executive Inspector General.
5		(e) No Executive Inspector General or employee of the
6		Office of the Executive Inspector General may, during his or
7		her term of appointment or employment:
8		(1) become a candidate for any elective office;
9		(2) hold any other elected or appointed public office
10		except for appointments on governmental advisory boards or
11		study commissions or as otherwise expressly authorized by
12		law;
13		(3) be actively involved in the affairs of any
14		political party or political organization; or
15		(4) advocate for the appointment of another person to
16		an appointed or elected office or position or actively
17		participate in any campaign for any elective office.
18		In this subsection an appointed public office means a
19		position authorized by law that is filled by an appointing
20		authority as provided by law and does not include employment
21		by hiring in the ordinary course of business.
22		(e-1) No Executive Inspector General or employee of the
23		Office of the Executive Inspector General may, for one year
24		after the termination of his or her appointment or employment:
25		(1) become a candidate for any elective office;
26		(2) hold any elected public office; or

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1		(3) hold any appointed State, county, or local
2		judicial office.
3		(e-2) The requirements of item (3) of subsection (e-1) may
4		be waived by the Executive Ethics Commission.
5		(f) An Executive Inspector General may be removed only for
6		cause and may be removed only by the appointing constitutional
7		officer. At the time of the removal, the appointing
8		constitutional officer must report to the Executive Ethics
9		Commission the justification for the removal.
10		(Source: P.A. 101-221, eff. 8-9-19; 102-558, eff. 8-20-21.)
11		Section 10-10. The Firearm Owners Identification Card Act
12		is amended by changing Section 10 as follows:
13		(430 ILCS 65/10) (from Ch. 38, par. 83-10)
14		Sec. 10. Appeals; hearing; relief from firearm
15		prohibitions.
16		(a) Whenever an application for a Firearm Owner's
17		Identification Card is denied or whenever such a Card is
18		revoked or seized as provided for in Section 8 of this Act, the
19		aggrieved party may (1) file a record challenge with the
20		Director regarding the record upon which the decision to deny
21		or revoke the Firearm Owner's Identification Card was based
22		under subsection (a-5); or (2) appeal to the Director of the
23		Illinois State Police through December 31, 2022, or beginning
24		January 1, 2023, the Firearm Owner's Identification Card

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1		Review Board for a hearing seeking relief from such denial or
2		revocation unless the denial or revocation was based upon a
3		forcible felony, stalking, aggravated stalking, domestic
4		battery, any violation of the Illinois Controlled Substances
5		Act, the Methamphetamine Control and Community Protection Act,
6		or the Cannabis Control Act that is classified as a Class 2 or
7		greater felony, any felony violation of Article 24 of the
8		Criminal Code of 1961 or the Criminal Code of 2012, or any
9		adjudication as a delinquent minor for the commission of an
10		offense that if committed by an adult would be a felony, in
11		which case the aggrieved party may petition the circuit court
12		in writing in the county of his or her residence for a hearing
13		seeking relief from such denial or revocation.
14		(a-5) There is created a Firearm Owner's Identification
15		Card Review Board to consider any appeal under subsection (a)
16		beginning January 1, 2023, other than an appeal directed to
17		the circuit court and except when the applicant is challenging
18		the record upon which the decision to deny or revoke was based
19		as provided in subsection (a-10).
20		(0.05) In furtherance of the policy of this Act that
21		the Board shall exercise its powers and duties in an
22		independent manner, subject to the provisions of this Act
23		but free from the direction, control, or influence of any
24		other agency or department of State government. All
25		expenses and liabilities incurred by the Board in the
26		performance of its responsibilities hereunder shall be

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1		paid from funds which shall be appropriated to the Board
2		by the General Assembly for the ordinary and contingent
3		expenses of the Board.
4		(1) The Board shall consist of 7 members appointed by
5		the Governor, with the advice and consent of the Senate,
6		with 3 members residing within the First Judicial District
7		and one member residing within each of the 4 remaining
8		Judicial Districts. No more than 4 members shall be
9		members of the same political party. The Governor shall
10		designate one member as the chairperson. The Board shall
11		consist of:
12		(A) one member with at least 5 years of service as
13		a federal or State judge;
14		(B) one member with at least 5 years of experience
15		serving as an attorney with the United States
16		Department of Justice, or as a State's Attorney or
17		Assistant State's Attorney;
18		(C) one member with at least 5 years of experience
19		serving as a State or federal public defender or
20		assistant public defender;
21		(D) three members with at least 5 years of
22		experience as a federal, State, or local law
23		enforcement agent or as an employee with investigative
24		experience or duties related to criminal justice under
25		the United States Department of Justice, Drug
26		Enforcement Administration, Department of Homeland

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1		Security, Federal Bureau of Investigation, or a State
2		or local law enforcement agency; and
3		(E) one member with at least 5 years of experience
4		as a licensed physician or clinical psychologist with
5		expertise in the diagnosis and treatment of mental
6		illness.
7		(2) The terms of the members initially appointed after
8		January 1, 2022 (the effective date of Public Act 102-237)
9		shall be as follows: one of the initial members shall be
10		appointed for a term of one year, 3 shall be appointed for
11		terms of 2 years, and 3 shall be appointed for terms of 4
12		years. Thereafter, members shall hold office for 4 years,
13		with terms expiring on the second Monday in January
14		immediately following the expiration of their terms and
15		every 4 years thereafter. Members may be reappointed.
16		Vacancies in the office of member shall be filled in the
17		same manner as the original appointment, for the remainder
18		of the unexpired term. The Governor may remove a member
19		for incompetence, neglect of duty, malfeasance, or
20		inability to serve. Members shall receive compensation in
21		an amount equal to the compensation of members of the
22		Executive Ethics Commission and, beginning July 1, 2023,
23		shall be compensated from appropriations provided to the
24		Comptroller for this purpose. Members may be reimbursed,
25		from funds appropriated for such a purpose, for reasonable
26		expenses actually incurred in the performance of their

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1		Board duties. The Illinois State Police shall designate an
2		employee to serve as Executive Director of the Board and
3		provide logistical and administrative assistance to the
4		Board.
5		(3) The Board shall meet at least quarterly each year
6		and at the call of the chairperson as often as necessary to
7		consider appeals of decisions made with respect to
8		applications for a Firearm Owner's Identification Card
9		under this Act. If necessary to ensure the participation
10		of a member, the Board shall allow a member to participate
11		in a Board meeting by electronic communication. Any member
12		participating electronically shall be deemed present for
13		purposes of establishing a quorum and voting.
14		(4) The Board shall adopt rules for the review of
15		appeals and the conduct of hearings. The Board shall
16		maintain a record of its decisions and all materials
17		considered in making its decisions. All Board decisions
18		and voting records shall be kept confidential and all
19		materials considered by the Board shall be exempt from
20		inspection except upon order of a court.
21		(5) In considering an appeal, the Board shall review
22		the materials received concerning the denial or revocation
23		by the Illinois State Police. By a vote of at least 4
24		members, the Board may request additional information from
25		the Illinois State Police or the applicant or the
26		testimony of the Illinois State Police or the applicant.

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1		The Board may require that the applicant submit electronic
2		fingerprints to the Illinois State Police for an updated
3		background check if the Board determines it lacks
4		sufficient information to determine eligibility. The Board
5		may consider information submitted by the Illinois State
6		Police, a law enforcement agency, or the applicant. The
7		Board shall review each denial or revocation and determine
8		by a majority of members whether an applicant should be
9		granted relief under subsection (c).
10		(6) The Board shall by order issue summary decisions.
11		The Board shall issue a decision within 45 days of
12		receiving all completed appeal documents from the Illinois
13		State Police and the applicant. However, the Board need
14		not issue a decision within 45 days if:
15		(A) the Board requests information from the
16		applicant, including, but not limited to, electronic
17		fingerprints to be submitted to the Illinois State
18		Police, in accordance with paragraph (5) of this
19		subsection, in which case the Board shall make a
20		decision within 30 days of receipt of the required
21		information from the applicant;
22		(B) the applicant agrees, in writing, to allow the
23		Board additional time to consider an appeal; or
24		(C) the Board notifies the applicant and the
25		Illinois State Police that the Board needs an
26		additional 30 days to issue a decision. The Board may

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1		only issue 2 extensions under this subparagraph (C).
2		The Board's notification to the applicant and the
3		Illinois State Police shall include an explanation for
4		the extension.
5		(7) If the Board determines that the applicant is
6		eligible for relief under subsection (c), the Board shall
7		notify the applicant and the Illinois State Police that
8		relief has been granted and the Illinois State Police
9		shall issue the Card.
10		(8) Meetings of the Board shall not be subject to the
11		Open Meetings Act and records of the Board shall not be
12		subject to the Freedom of Information Act.
13		(9) The Board shall report monthly to the Governor and
14		the General Assembly on the number of appeals received and
15		provide details of the circumstances in which the Board
16		has determined to deny Firearm Owner's Identification
17		Cards under this subsection (a-5). The report shall not
18		contain any identifying information about the applicants.
19		(a-10) Whenever an applicant or cardholder is not seeking
20		relief from a firearms prohibition under subsection (c) but
21		rather does not believe the applicant is appropriately denied
22		or revoked and is challenging the record upon which the
23		decision to deny or revoke the Firearm Owner's Identification
24		Card was based, or whenever the Illinois State Police fails to
25		act on an application within 30 days of its receipt, the
26		applicant shall file such challenge with the Director. The

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1		Director shall render a decision within 60 business days of
2		receipt of all information supporting the challenge. The
3		Illinois State Police shall adopt rules for the review of a
4		record challenge.
5		(b) At least 30 days before any hearing in the circuit
6		court, the petitioner shall serve the relevant State's
7		Attorney with a copy of the petition. The State's Attorney may
8		object to the petition and present evidence. At the hearing,
9		the court shall determine whether substantial justice has been
10		done. Should the court determine that substantial justice has
11		not been done, the court shall issue an order directing the
12		Illinois State Police to issue a Card. However, the court
13		shall not issue the order if the petitioner is otherwise
14		prohibited from obtaining, possessing, or using a firearm
15		under federal law.
16		(c) Any person prohibited from possessing a firearm under
17		Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
18		acquiring a Firearm Owner's Identification Card under Section
19		8 of this Act may apply to the Firearm Owner's Identification
20		Card Review Board or petition the circuit court in the county
21		where the petitioner resides, whichever is applicable in
22		accordance with subsection (a) of this Section, requesting
23		relief from such prohibition and the Board or court may grant
24		such relief if it is established by the applicant to the
25		court's or the Board's satisfaction that:
26		(0.05) when in the circuit court, the State's Attorney

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1		has been served with a written copy of the petition at
2		least 30 days before any such hearing in the circuit court
3		and at the hearing the State's Attorney was afforded an
4		opportunity to present evidence and object to the
5		petition;
6		(1) the applicant has not been convicted of a forcible
7		felony under the laws of this State or any other
8		jurisdiction within 20 years of the applicant's
9		application for a Firearm Owner's Identification Card, or
10		at least 20 years have passed since the end of any period
11		of imprisonment imposed in relation to that conviction;
12		(2) the circumstances regarding a criminal conviction,
13		where applicable, the applicant's criminal history and his
14		reputation are such that the applicant will not be likely
15		to act in a manner dangerous to public safety;
16		(3) granting relief would not be contrary to the
17		public interest; and
18		(4) granting relief would not be contrary to federal
19		law.
20		(c-5) (1) An active law enforcement officer employed by a
21		unit of government or a Department of Corrections employee
22		authorized to possess firearms who is denied, revoked, or has
23		his or her Firearm Owner's Identification Card seized under
24		subsection (e) of Section 8 of this Act may apply to the
25		Firearm Owner's Identification Card Review Board requesting
26		relief if the officer or employee did not act in a manner

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1		threatening to the officer or employee, another person, or the
2		public as determined by the treating clinical psychologist or
3		physician, and as a result of his or her work is referred by
4		the employer for or voluntarily seeks mental health evaluation
5		or treatment by a licensed clinical psychologist,
6		psychiatrist, or qualified examiner, and:
7		(A) the officer or employee has not received treatment
8		involuntarily at a mental health facility, regardless of
9		the length of admission; or has not been voluntarily
10		admitted to a mental health facility for more than 30 days
11		and not for more than one incident within the past 5 years;
12		and
13		(B) the officer or employee has not left the mental
14		institution against medical advice.
15		(2) The Firearm Owner's Identification Card Review Board
16		shall grant expedited relief to active law enforcement
17		officers and employees described in paragraph (1) of this
18		subsection (c-5) upon a determination by the Board that the
19		officer's or employee's possession of a firearm does not
20		present a threat to themselves, others, or public safety. The
21		Board shall act on the request for relief within 30 business
22		days of receipt of:
23		(A) a notarized statement from the officer or employee
24		in the form prescribed by the Board detailing the
25		circumstances that led to the hospitalization;
26		(B) all documentation regarding the admission,

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1		evaluation, treatment and discharge from the treating
2		licensed clinical psychologist or psychiatrist of the
3		officer;
4		(C) a psychological fitness for duty evaluation of the
5		person completed after the time of discharge; and
6		(D) written confirmation in the form prescribed by the
7		Board from the treating licensed clinical psychologist or
8		psychiatrist that the provisions set forth in paragraph
9		(1) of this subsection (c-5) have been met, the person
10		successfully completed treatment, and their professional
11		opinion regarding the person's ability to possess
12		firearms.
13		(3) Officers and employees eligible for the expedited
14		relief in paragraph (2) of this subsection (c-5) have the
15		burden of proof on eligibility and must provide all
16		information required. The Board may not consider granting
17		expedited relief until the proof and information is received.
18		(4) "Clinical psychologist", "psychiatrist", and
19		"qualified examiner" shall have the same meaning as provided
20		in Chapter I of the Mental Health and Developmental
21		Disabilities Code.
22		(c-10) (1) An applicant, who is denied, revoked, or has
23		his or her Firearm Owner's Identification Card seized under
24		subsection (e) of Section 8 of this Act based upon a
25		determination of a developmental disability or an intellectual
26		disability may apply to the Firearm Owner's Identification

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1		Card Review Board requesting relief.
2		(2) The Board shall act on the request for relief within 60
3		business days of receipt of written certification, in the form
4		prescribed by the Board, from a physician or clinical
5		psychologist, or qualified examiner, that the aggrieved
6		party's developmental disability or intellectual disability
7		condition is determined by a physician, clinical psychologist,
8		or qualified to be mild. If a fact-finding conference is
9		scheduled to obtain additional information concerning the
10		circumstances of the denial or revocation, the 60 business
11		days the Director has to act shall be tolled until the
12		completion of the fact-finding conference.
13		(3) The Board may grant relief if the aggrieved party's
14		developmental disability or intellectual disability is mild as
15		determined by a physician, clinical psychologist, or qualified
16		examiner and it is established by the applicant to the Board's
17		satisfaction that:
18		(A) granting relief would not be contrary to the
19		public interest; and
20		(B) granting relief would not be contrary to federal
21		law.
22		(4) The Board may not grant relief if the condition is
23		determined by a physician, clinical psychologist, or qualified
24		examiner to be moderate, severe, or profound.
25		(5) The changes made to this Section by Public Act 99-29
26		apply to requests for relief pending on or before July 10, 2015

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1		(the effective date of Public Act 99-29), except that the
2		60-day period for the Director to act on requests pending
3		before the effective date shall begin on July 10, 2015 (the
4		effective date of Public Act 99-29). All appeals as provided
5		in subsection (a-5) pending on January 1, 2023 shall be
6		considered by the Board.
7		(d) When a minor is adjudicated delinquent for an offense
8		which if committed by an adult would be a felony, the court
9		shall notify the Illinois State Police.
10		(e) The court shall review the denial of an application or
11		the revocation of a Firearm Owner's Identification Card of a
12		person who has been adjudicated delinquent for an offense that
13		if committed by an adult would be a felony if an application
14		for relief has been filed at least 10 years after the
15		adjudication of delinquency and the court determines that the
16		applicant should be granted relief from disability to obtain a
17		Firearm Owner's Identification Card. If the court grants
18		relief, the court shall notify the Illinois State Police that
19		the disability has been removed and that the applicant is
20		eligible to obtain a Firearm Owner's Identification Card.
21		(f) Any person who is subject to the disabilities of 18
22		U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
23		of 1968 because of an adjudication or commitment that occurred
24		under the laws of this State or who was determined to be
25		subject to the provisions of subsections (e), (f), or (g) of
26		Section 8 of this Act may apply to the Illinois State Police

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1		requesting relief from that prohibition. The Board shall grant
2		the relief if it is established by a preponderance of the
3		evidence that the person will not be likely to act in a manner
4		dangerous to public safety and that granting relief would not
5		be contrary to the public interest. In making this
6		determination, the Board shall receive evidence concerning (i)
7		the circumstances regarding the firearms disabilities from
8		which relief is sought; (ii) the petitioner's mental health
9		and criminal history records, if any; (iii) the petitioner's
10		reputation, developed at a minimum through character witness
11		statements, testimony, or other character evidence; and (iv)
12		changes in the petitioner's condition or circumstances since
13		the disqualifying events relevant to the relief sought. If
14		relief is granted under this subsection or by order of a court
15		under this Section, the Director shall as soon as practicable
16		but in no case later than 15 business days, update, correct,
17		modify, or remove the person's record in any database that the
18		Illinois State Police makes available to the National Instant
19		Criminal Background Check System and notify the United States
20		Attorney General that the basis for the record being made
21		available no longer applies. The Illinois State Police shall
22		adopt rules for the administration of this Section.
23		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24		102-645, eff. 1-1-22; 102-813, eff. 5-13-22.)
25		ARTICLE 15

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1		Section 15-5. The Civil Administrative Code of Illinois is
2		amended by changing Sections 5-120, 5-300, 5-310, 5-315,
3		5-320, 5-325, 5-330, 5-335, 5-340, 5-345, 5-350, 5-355, 5-357,
4		5-360, 5-362, 5-365, 5-375, 5-395, 5-400, 5-405, 5-410, 5-415,
5		and 5-420 as follows:
6		(20 ILCS 5/5-120) (was 20 ILCS 5/5.13g)
7		Sec. 5-120. In the Department of Commerce and Economic
8		Opportunity. Two Assistant Directors Director of Commerce and
9		Economic Opportunity.
10		(Source: P.A. 93-25, eff. 6-20-03.)
11		(20 ILCS 5/5-300) (was 20 ILCS 5/9)
12		Sec. 5-300. Officers' qualifications and salaries. The
13		executive and administrative officers, whose offices are
14		created by this Act, must have the qualifications prescribed
15		by law and shall receive annual salaries, payable in equal
16		monthly installments, as designated in the Sections following
17		this Section and preceding Section 5-500. If set by the
18		Governor, those annual salaries may not exceed 85% of the
19		Governor's annual salary. Notwithstanding any other provision
20		of law, for terms beginning after January 18, 2019 (the
21		effective date of Public Act 100-1179) and before January 16,
22		2023 this amendatory Act of the 100th General Assembly, the
23		annual salary of the director or secretary and assistant

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1		director or assistant secretary of each department created
2		under Section 5-15 shall be an amount equal to 15% more than
3		the annual salary of the respective officer in effect as of
4		December 31, 2018. The calculation of the 2018 salary base for
5		this adjustment shall not include any cost of living
6		adjustments, as authorized by Senate Joint Resolution 192 of
7		the 86th General Assembly, for the period beginning July 1,
8		2009 to June 30, 2019. Beginning July 1, 2019 and each July 1
9		thereafter, the directors, secretaries, assistant directors,
10		and assistant secretaries shall receive an increase in salary
11		based on a cost of living adjustment as authorized by Senate
12		Joint Resolution 192 of the 86th General Assembly.
13		Notwithstanding any other provision of law, for terms
14		beginning on or after January 16, 2023, the directors,
15		secretaries, assistant directors, and assistant secretaries
16		shall receive annual salaries, payable in equal monthly
17		installments, and increases in salary, as designated in the
18		Sections following this Section and preceding Section 5-500.
19		(Source: P.A. 100-1179, eff. 1-18-19.)
20		(20 ILCS 5/5-310) (was 20 ILCS 5/9.21)
21		Sec. 5-310. In the Department on Aging. For terms
22		beginning on or after January 16, 2023, the Director of Aging
23		shall receive an annual salary of $165,000 or as set by the
24		Governor, whichever is higher. On July 1, 2023, and on each
25		July 1 thereafter, the Director shall receive an increase in

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1		salary based on a cost of living adjustment as authorized by
2		Senate Joint Resolution 192 of the 86th General Assembly. For
3		terms ending before December 31, 2019, the Director of Aging
4		shall receive an annual salary as set by the Compensation
5		Review Board.
6		(Source: P.A. 100-1179, eff. 1-18-19.)
7		(20 ILCS 5/5-315) (was 20 ILCS 5/9.02)
8		Sec. 5-315. In the Department of Agriculture. For terms
9		beginning on or after January 16, 2023, the Director of
10		Agriculture shall receive an annual salary of $180,000 or as
11		set by the Governor, whichever is higher. On July 1, 2023, and
12		on each July 1 thereafter, the Director shall receive an
13		increase in salary based on a cost of living adjustment as
14		authorized by Senate Joint Resolution 192 of the 86th General
15		Assembly. For terms ending before December 31, 2019, the
16		Director of Agriculture shall receive an annual salary as set
17		by the Compensation Review Board.
18		For terms beginning on or after January 16, 2023, the
19		Assistant Director of Agriculture shall receive an annual
20		salary of $156,600 or as set by the Governor, whichever is
21		higher. On July 1, 2023, and on each July 1 thereafter, the
22		Assistant Director of Agriculture shall receive an increase in
23		salary based on a cost of living adjustment as authorized by
24		Senate Joint Resolution 192 of the 86th General Assembly.
25		For terms ending before December 31, 2019, the Assistant

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1		Director of Agriculture shall receive an annual salary as set
2		by the Compensation Review Board.
3		(Source: P.A. 100-1179, eff. 1-18-19.)
4		(20 ILCS 5/5-320) (was 20 ILCS 5/9.19)
5		Sec. 5-320. In the Department of Central Management
6		Services. For terms beginning on or after January 16, 2023,
7		the Director of Central Management Services shall receive an
8		annual salary of $195,000 or as set by the Governor, whichever
9		is higher. On July 1, 2023, and on each July 1 thereafter, the
10		Director of Central Management Services shall receive an
11		increase in salary based on a cost of living adjustment as
12		authorized by Senate Joint Resolution 192 of the 86th General
13		Assembly. For terms ending before December 31, 2019, the
14		Director of Central Management Services shall receive an
15		annual salary as set by the Compensation Review Board.
16		For terms beginning on or after January 16, 2023, each
17		Assistant Director of Central Management Services shall
18		receive an annual salary of $165,750 or as set by the Governor,
19		whichever is higher. On July 1, 2023, and on each July 1
20		thereafter, the Assistant Directors shall receive an increase
21		in salary based on a cost of living adjustment as authorized by
22		Senate Joint Resolution 192 of the 86th General Assembly. For
23		terms ending before December 31, 2019, each Assistant Director
24		of Central Management Services shall receive an annual salary
25		as set by the Compensation Review Board.

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1		(Source: P.A. 100-1179, eff. 1-18-19.)
2		(20 ILCS 5/5-325) (was 20 ILCS 5/9.16)
3		Sec. 5-325. In the Department of Children and Family
4		Services. For terms beginning on or after January 16, 2023,
5		the Director of Children and Family Services shall receive an
6		annual salary of $200,000 or as set by the Governor, whichever
7		is higher. On July 1, 2023, and on each July 1 thereafter, the
8		Director shall receive an increase in salary based on a cost of
9		living adjustment as authorized by Senate Joint Resolution 192
10		of the 86th General Assembly. For terms ending before December
11		31, 2019, the Director of Children and Family Services shall
12		receive an annual salary as set by the Compensation Review
13		Board.
14		(Source: P.A. 100-1179, eff. 1-18-19.)
15		(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
16		Sec. 5-330. In the Department of Commerce and Economic
17		Opportunity. For terms beginning on or after January 16, 2023,
18		the Director of Commerce and Economic Opportunity shall
19		receive an annual salary of $195,000 or as set by the Governor,
20		whichever is higher. On July 1, 2023, and on each July 1
21		thereafter, the Director shall receive an increase in salary
22		based on a cost of living adjustment as authorized by Senate
23		Joint Resolution 192 of the 86th General Assembly. For terms
24		ending before December 31, 2019, the Director of Commerce and

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1		Economic Opportunity shall receive an annual salary as set by
2		the Compensation Review Board.
3		For terms beginning on or after January 16, 2023, each
4		Assistant Director of Commerce and Economic Opportunity shall
5		receive an annual salary of $165,750 or as set by the Governor,
6		whichever is higher. On July 1, 2023, and on each July 1
7		thereafter, the Assistant Directors shall receive an increase
8		in salary based on a cost of living adjustment as authorized by
9		Senate Joint Resolution 192 of the 86th General Assembly. For
10		terms ending before December 31, 2019, the Assistant Director
11		of Commerce and Economic Opportunity shall receive an annual
12		salary as set by the Compensation Review Board.
13		(Source: P.A. 100-1179, eff. 1-18-19.)
14		(20 ILCS 5/5-335) (was 20 ILCS 5/9.11a)
15		Sec. 5-335. In the Department of Corrections. For terms
16		beginning on or after January 16, 2023, the Director of
17		Corrections shall receive an annual salary of $200,000 or as
18		set by the Governor, whichever is higher. On July 1, 2023, and
19		on each July 1 thereafter, the Director shall receive an
20		increase in salary based on a cost of living adjustment as
21		authorized by Senate Joint Resolution 192 of the 86th General
22		Assembly. For terms ending before December 31, 2019, the
23		Director of Corrections shall receive an annual salary as set
24		by the Compensation Review Board.
25		For terms beginning on or after January 16, 2023, the

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1		Assistant Director of Corrections shall receive an annual
2		salary of $170,000 or as set by the Governor, whichever is
3		higher. On July 1, 2023, and on each July 1 thereafter, the
4		Assistant Director shall receive an increase in salary based
5		on a cost of living adjustment as authorized by Senate Joint
6		Resolution 192 of the 86th General Assembly. For terms ending
7		before December 31, 2019, the Assistant Director of
8		Corrections shall receive an annual salary as set by the
9		Compensation Review Board for the Assistant Director of
10		Corrections-Adult Division.
11		(Source: P.A. 100-1179, eff. 1-18-19.)
12		(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
13		Sec. 5-340. In the Department of Employment Security. For
14		terms beginning on or after January 16, 2023, the Director of
15		Employment Security shall receive an annual salary of $195,000
16		or as set by the Governor, whichever is higher. On July 1,
17		2023, and on each July 1 thereafter, the Director shall
18		receive an increase in salary based on a cost of living
19		adjustment as authorized by Senate Joint Resolution 192 of the
20		86th General Assembly. For terms ending before December 31,
21		2019, the Director of Employment Security shall receive an
22		annual salary as set by the Compensation Review Board.
23		Each member of the Board of Review shall receive $15,000.
24		(Source: P.A. 100-1179, eff. 1-18-19.)

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1		(20 ILCS 5/5-345) (was 20 ILCS 5/9.15)
2		Sec. 5-345. In the Department of Financial and
3		Professional Regulation. For terms beginning on or after
4		January 16, 2023, the Secretary of Financial and Professional
5		Regulation shall receive an annual salary of $195,000 or as
6		set by the Governor, whichever is higher. On July 1, 2023, and
7		on each July 1 thereafter, the Secretary shall receive an
8		increase in salary based on a cost of living adjustment as
9		authorized by Senate Joint Resolution 192 of the 86th General
10		Assembly. For terms ending before December 31, 2019, the
11		Secretary of Financial and Professional Regulation shall
12		receive an annual salary as set by the Compensation Review
13		Board.
14		For terms beginning on or after January 16, 2023, the
15		Director of Financial Institutions, the Director of
16		Professional Regulation, the Director of Banking, and the
17		Director of Real Estate shall each receive an annual salary of
18		$180,000 or as set by the Governor, whichever is higher. On
19		July 1, 2023, and on each July 1 thereafter, the Directors
20		shall receive an increase in salary based on a cost of living
21		adjustment as authorized by Senate Joint Resolution 192 of the
22		86th General Assembly. For terms ending before December 31,
23		2019, the Director of Financial Institutions, the Director of
24		Professional Regulation, the Director of Banking, and the
25		Director of Real Estate shall receive an annual salary as set
26		by the Compensation Review Board.

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1		(Source: P.A. 100-1179, eff. 1-18-19.)
2		(20 ILCS 5/5-350) (was 20 ILCS 5/9.24)
3		Sec. 5-350. In the Department of Human Rights. For terms
4		beginning on or after January 16, 2023, the Director of Human
5		Rights shall receive an annual salary of $165,000 or as set by
6		the Governor, whichever is higher. On July 1, 2023, and on each
7		July 1 thereafter, the Director shall receive an increase in
8		salary based on a cost of living adjustment as authorized by
9		Senate Joint Resolution 192 of the 86th General Assembly. For
10		terms ending before December 31, 2019, the Director of Human
11		Rights shall receive an annual salary as set by the
12		Compensation Review Board.
13		(Source: P.A. 100-1179, eff. 1-18-19.)
14		(20 ILCS 5/5-355) (was 20 ILCS 5/9.05a)
15		Sec. 5-355. In the Department of Human Services. For terms
16		beginning on or after January 16, 2023, the Secretary of Human
17		Services shall receive an annual salary of $200,000 or as set
18		by the Governor, whichever is higher. On July 1, 2023, and on
19		each July 1 thereafter, the Secretary shall receive an
20		increase in salary based on a cost of living adjustment as
21		authorized by Senate Joint Resolution 192 of the 86th General
22		Assembly. For terms ending before December 31, 2019, the
23		Secretary of Human Services shall receive an annual salary as
24		set by the Compensation Review Board.

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1		For terms beginning on or after January 16, 2023, the
2		Assistant Secretaries of Human Services shall receive an
3		annual salary of $170,000 or as set by the Governor, whichever
4		is higher. On July 1, 2023, and on each July 1 thereafter, the
5		Assistant Secretaries shall receive an increase in salary
6		based on a cost of living adjustment as authorized by Senate
7		Joint Resolution 192 of the 86th General Assembly. For terms
8		ending before December 31, 2019, the Assistant Secretaries of
9		Human Services shall each receive an annual salary as set by
10		the Compensation Review Board.
11		(Source: P.A. 100-1179, eff. 1-18-19.)
12		(20 ILCS 5/5-357)
13		Sec. 5-357. In the Department of Innovation and
14		Technology. Notwithstanding any other provision of law, for
15		terms beginning on or after January 16, 2023, the Secretary of
16		Innovation and Technology shall receive an annual salary of
17		$200,000 or as set by the Governor, whichever is higher, and
18		the Assistant Secretary of Innovation and Technology shall
19		receive an annual salary of $170,000 or as set by the Governor,
20		whichever is higher. On July 1, 2023, and on each July 1
21		thereafter, the Secretary and the Assistant Secretary shall
22		each receive an increase in salary based on a cost of living
23		adjustment as authorized by Senate Joint Resolution 192 of the
24		86th General Assembly. The Secretary of Innovation and
25		Technology and the Assistant Secretary of Innovation and

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1		Technology shall each receive an annual salary as set by law.
2		(Source: P.A. 100-611, eff. 7-20-18.)
3		(20 ILCS 5/5-360) (was 20 ILCS 5/9.10)
4		Sec. 5-360. In the Department of Insurance. For terms
5		beginning on or after January 16, 2023, the Director of
6		Insurance shall receive an annual salary of $180,000 or as set
7		by the Governor, whichever is higher. On July 1, 2023, and on
8		each July 1 thereafter, the Director shall receive an increase
9		in salary based on a cost of living adjustment as authorized by
10		Senate Joint Resolution 192 of the 86th General Assembly. For
11		terms ending before December 31, 2019, the Director of
12		Insurance shall receive an annual salary as set by the
13		Compensation Review Board.
14		For terms beginning on or after January 16, 2023, the
15		Assistant Director of Insurance shall receive an annual salary
16		of $156,600 or as set by the Governor, whichever is higher. On
17		July 1, 2023, and on each July 1 thereafter, the Director shall
18		receive an increase in salary based on a cost of living
19		adjustment as authorized by Senate Joint Resolution 192 of the
20		86th General Assembly. For terms ending before December 31,
21		2019, the Assistant Director of Insurance shall receive an
22		annual salary as set by the Compensation Review Board.
23		(Source: P.A. 100-1179, eff. 1-18-19.)
24		(20 ILCS 5/5-362)

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1		Sec. 5-362. In the Department of Juvenile Justice. For
2		terms beginning on or after January 16, 2023, the Director of
3		Juvenile Justice shall receive an annual salary of $165,000 or
4		as set by the Governor, whichever is higher. On July 1, 2023,
5		and on each July 1 thereafter, the Director shall receive an
6		increase in salary based on a cost of living adjustment as
7		authorized by Senate Joint Resolution 192 of the 86th General
8		Assembly. For terms ending before December 31, 2019, the
9		Director of Juvenile Justice shall receive an annual salary as
10		set by the Compensation Review Board.
11		(Source: P.A. 100-1179, eff. 1-18-19.)
12		(20 ILCS 5/5-365) (was 20 ILCS 5/9.03)
13		Sec. 5-365. In the Department of Labor. For terms
14		beginning on or after January 16, 2023, the Director of Labor
15		shall receive an annual salary of $180,000 or as set by the
16		Governor, whichever is higher. On July 1, 2023, and on each
17		July 1 thereafter, the Director shall receive an increase in
18		salary based on a cost of living adjustment as authorized by
19		Senate Joint Resolution 192 of the 86th General Assembly. For
20		terms ending before December 31, 2019, the Director of Labor
21		shall receive an annual salary as set by the Compensation
22		Review Board.
23		For terms beginning on or after January 16, 2023, the
24		Assistant Director of Labor shall receive an annual salary of
25		$156,600 or as set by the Governor, whichever is higher. On

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1		July 1, 2023, and on each July 1 thereafter, the Assistant
2		Director shall receive an increase in salary based on a cost of
3		living adjustment as authorized by Senate Joint Resolution 192
4		of the 86th General Assembly. For terms ending before December
5		31, 2019, the Assistant Director of Labor shall receive an
6		annual salary as set by the Compensation Review Board.
7		The Chief Safety Inspector shall receive $24,700 from the
8		third Monday in January, 1979 to the third Monday in January,
9		1980, and $25,000 thereafter, or as set by the Compensation
10		Review Board, whichever is greater.
11		The Superintendent of Occupational Safety and Health shall
12		receive $27,500, or as set by the Compensation Review Board,
13		whichever is greater.
14		The Superintendent of Women's and Children's Employment
15		shall receive $22,000 from the third Monday in January, 1979
16		to the third Monday in January, 1980, and $22,500 thereafter,
17		or as set by the Compensation Review Board, whichever is
18		greater.
19		(Source: P.A. 100-1179, eff. 1-18-19.)
20		(20 ILCS 5/5-375) (was 20 ILCS 5/9.09)
21		Sec. 5-375. In the Department of Natural Resources. For
22		terms beginning on or after January 16, 2023, the Director of
23		Natural Resources shall receive an annual salary of $180,000
24		or as set by the Governor, whichever is higher. On July 1,
25		2023, and on each July 1 thereafter, the Director shall

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1		receive an increase in salary based on a cost of living
2		adjustment as authorized by Senate Joint Resolution 192 of the
3		86th General Assembly. For terms ending before December 31,
4		2019, the Director of Natural Resources shall receive an
5		annual salary as set by the Compensation Review Board.
6		For terms beginning on or after January 16, 2023, the
7		Assistant Director of Natural Resources shall receive an
8		annual salary of $156,600 or as set by the Governor, whichever
9		is higher. On July 1, 2023, and on each July 1 thereafter, the
10		Assistant Director shall receive an increase in salary based
11		on a cost of living adjustment as authorized by Senate Joint
12		Resolution 192 of the 86th General Assembly. For terms ending
13		before December 31, 2019, the Assistant Director of Natural
14		Resources shall receive an annual salary as set by the
15		Compensation Review Board.
16		(Source: P.A. 100-1179, eff. 1-18-19.)
17		(20 ILCS 5/5-395) (was 20 ILCS 5/9.17)
18		Sec. 5-395. In the Department of Healthcare and Family
19		Services. For terms beginning on or after January 16, 2023,
20		the Director of Healthcare and Family Services shall receive
21		an annual salary of $195,000 or as set by the Governor,
22		whichever is higher. On July 1, 2023, and on each July 1
23		thereafter, the Director shall receive an increase in salary
24		based on a cost of living adjustment as authorized by Senate
25		Joint Resolution 192 of the 86th General Assembly. For terms

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1		ending before December 31, 2019, the Director of Healthcare
2		and Family Services shall receive an annual salary as set by
3		the Compensation Review Board.
4		For terms beginning on or after January 16, 2023, the
5		Assistant Director shall receive an annual salary of $165,750
6		or as set by the Governor, whichever is higher. On July 1,
7		2023, and on each July 1 thereafter, the Assistant Director
8		shall receive an increase in salary based on a cost of living
9		adjustment as authorized by Senate Joint Resolution 192 of the
10		86th General Assembly. For terms ending before December 31,
11		2019, the Assistant Director of Healthcare and Family Services
12		shall receive an annual salary as set by the Compensation
13		Review Board.
14		(Source: P.A. 100-1179, eff. 1-18-19.)
15		(20 ILCS 5/5-400) (was 20 ILCS 5/9.07)
16		Sec. 5-400. In the Department of Public Health. For terms
17		beginning on or after January 16, 2023, the Director of Public
18		Health shall receive an annual salary of $200,000 or as set by
19		the Governor, whichever is higher. On July 1, 2023, and on each
20		July 1 thereafter, the Director shall receive an increase in
21		salary based on a cost of living adjustment as authorized by
22		Senate Joint Resolution 192 of the 86th General Assembly. For
23		terms ending before December 31, 2019, the Director of Public
24		Health shall receive an annual salary as set by the
25		Compensation Review Board.

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1		For terms beginning on or after January 16, 2023, the
2		Assistant Director shall receive an annual salary of $170,000
3		or as set by the Governor, whichever is higher. On July 1,
4		2023, and on each July 1 thereafter, the Assistant Director
5		shall receive an increase in salary based on a cost of living
6		adjustment as authorized by Senate Joint Resolution 192 of the
7		86th General Assembly. For terms ending before December 31,
8		2019, the Assistant Director of Public Health shall receive an
9		annual salary as set by the Compensation Review Board.
10		(Source: P.A. 100-1179, eff. 1-18-19.)
11		(20 ILCS 5/5-405) (was 20 ILCS 5/9.12)
12		Sec. 5-405. In the Department of Revenue. For terms
13		beginning on or after January 16, 2023, the Director of
14		Revenue shall receive an annual salary of $195,000 or as set by
15		the Governor, whichever is higher. On July 1, 2023, and on each
16		July 1 thereafter, the Director shall receive an increase in
17		salary based on a cost of living adjustment as authorized by
18		Senate Joint Resolution 192 of the 86th General Assembly. For
19		terms ending before December 31, 2019, the Director of Revenue
20		shall receive an annual salary as set by the Compensation
21		Review Board.
22		For terms beginning on or after January 16, 2023, the
23		Assistant Director of Revenue shall receive an annual salary
24		of $165,750 or as set by the Governor, whichever is higher. On
25		July 1, 2023, and on each July 1 thereafter, the Assistant

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1		Director shall receive an increase in salary based on a cost of
2		living adjustment as authorized by Senate Joint Resolution 192
3		of the 86th General Assembly. For terms ending before December
4		31, 2019, the Assistant Director of Revenue shall receive an
5		annual salary as set by the Compensation Review Board.
6		(Source: P.A. 100-1179, eff. 1-18-19.)
7		(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
8		Sec. 5-410. In the Illinois State Police. For terms
9		beginning on or after January 16, 2023, the Director of the
10		Illinois State Police shall receive an annual salary of
11		$200,000 or as set by the Governor, whichever is higher. On
12		July 1, 2023, and on each July 1 thereafter, the Director shall
13		receive an increase in salary based on a cost of living
14		adjustment as authorized by Senate Joint Resolution 192 of the
15		86th General Assembly. For terms ending before December 31,
16		2019, the Director of the Illinois State Police shall receive
17		an annual salary as set by the Compensation Review Board.
18		F
19		(Source: P.A. 102-538, eff. 8-20-21; revised 12-16-22.)
20		(20 ILCS 5/5-415) (was 20 ILCS 5/9.05)
21		Sec. 5-415. In the Department of Transportation. For terms
22		beginning on or after January 16, 2023, the Secretary of
23		Transportation shall receive an annual salary of $200,000 or
24		as set by the Governor, whichever is higher. On July 1, 2023,

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1		and on each July 1 thereafter, the Secretary shall receive an
2		increase in salary based on a cost of living adjustment as
3		authorized by Senate Joint Resolution 192 of the 86th General
4		Assembly. For terms ending before December 31, 2019, the
5		Secretary of Transportation shall receive an annual salary as
6		set by the Compensation Review Board.
7		For terms beginning on or after January 16, 2023, the
8		Assistant Secretary of Transportation shall receive an annual
9		salary of $170,000 or as set by the Governor, whichever is
10		higher. On July 1, 2023, and on each July 1 thereafter, the
11		Assistant Secretary shall receive an increase in salary based
12		on a cost of living adjustment as authorized by Senate Joint
13		Resolution 192 of the 86th General Assembly. For terms ending
14		before December 31, 2019, the Assistant Secretary of
15		Transportation shall receive an annual salary as set by the
16		Compensation Review Board.
17		(Source: P.A. 100-1179, eff. 1-18-19.)
18		(20 ILCS 5/5-420) (was 20 ILCS 5/9.22)
19		Sec. 5-420. In the Department of Veterans' Affairs. For
20		terms beginning on or after January 16, 2023, the Director of
21		Veterans' Affairs shall receive an annual salary of $200,000
22		or as set by the Governor, whichever is higher. On July 1,
23		2023, and on each July 1 thereafter, the Director shall
24		receive an increase in salary based on a cost of living
25		adjustment as authorized by Senate Joint Resolution 192 of the

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1		86th General Assembly. For terms ending before December 31,
2		2019, the Director of Veterans' Affairs shall receive an
3		annual salary as set by the Compensation Review Board.
4		For terms beginning on or after January 16, 2023, the
5		Assistant Director of Veterans' Affairs shall receive an
6		annual salary of $170,000 or as set by the Governor, whichever
7		is higher. On July 1, 2023, and on each July 1 thereafter, the
8		Assistant Director shall receive an increase in salary based
9		on a cost of living adjustment as authorized by Senate Joint
10		Resolution 192 of the 86th General Assembly. For terms ending
11		before December 31, 2019, the Assistant Director of Veterans'
12		Affairs shall receive an annual salary as set by the
13		Compensation Review Board.
14		(Source: P.A. 100-1179, eff. 1-18-19.)
15		Section 15-10. The Electric Vehicle Act is amended by
16		changing Section 15 as follows:
17		(20 ILCS 627/15)
18		Sec. 15. Electric Vehicle Coordinator. The Governor, with
19		the advice and consent of the Senate, shall appoint a person
20		within the Illinois Environmental Protection Agency to serve
21		as the Electric Vehicle Coordinator for the State of Illinois.
22		This person may be an existing employee with other duties. The
23		Electric Vehicle Coordinator shall receive an annual salary as
24		set by the Governor and beginning July 1, 2022 shall be

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1		compensated from appropriations provided made to the
2		Comptroller for this purpose. On July 1, 2023 and each July 1
3		thereafter, the Electric Vehicle Coordinator shall receive an
4		increase in salary based on a cost of living adjustment as
5		authorized by Senate Joint Resolution 192 of the 86th General
6		Assembly. This person may be an existing employee with other
7		duties. The Coordinator shall act as a point person for
8		electric vehicle-related and electric vehicle charging-related
9		policies and activities in Illinois, including, but not
10		limited to, the issuance of electric vehicle rebates for
11		consumers and electric vehicle charging rebates for
12		organizations and companies.
13		(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
14		102-699, eff. 4-19-22.)
15		Section 15-15. The Illinois Lottery Law is amended by
16		changing Section 5 as follows:
17		(20 ILCS 1605/5) (from Ch. 120, par. 1155)
18		Sec. 5. (a) The Department shall be under the supervision
19		and direction of a Director, who shall be a person qualified by
20		training and experience to perform the duties required by this
21		Act. The Director shall be appointed by the Governor, by and
22		with the advice and consent of the Senate. The term of office
23		of the Director shall expire on the third Monday of January in
24		odd numbered years provided that he or she shall hold office

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1		until a successor is appointed and qualified. For terms ending
2		before December 31, 2019, the annual salary of the Director is
3		$142,000. For terms beginning after January 18, 2019 (the
4		effective date of Public Act 100-1179) and before January 16,
5		2023 this amendatory Act of the 100th General Assembly, the
6		annual salary of the Director shall be as provided in Section
7		5-300 of the Civil Administrative Code of Illinois.
8		Notwithstanding any other provision of law, for terms
9		beginning on or after January 16, 2023, the Director shall
10		receive an annual salary of $180,000 or as set by the Governor,
11		whichever is higher. On July 1, 2023, and on each July 1
12		thereafter, the Director shall receive an increase in salary
13		based on a cost of living adjustment as authorized by Senate
14		Joint Resolution 192 of the 86th General Assembly.
15		Any vacancy occurring in the office of the Director shall
16		be filled in the same manner as the original appointment. In
17		case of a vacancy during the recess of the Senate, the Governor
18		shall make a temporary appointment until the next meeting of
19		the Senate, when the Governor shall nominate some person to
20		fill the office, and any person so nominated who is confirmed
21		by the Senate shall hold office during the remainder of the
22		term and until his or her successor is appointed and
23		qualified.
24		During the absence or inability to act of the Director, or
25		in the case of a vacancy in the office of Director until a
26		successor is appointed and qualified, the Governor may

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1		designate some person as Acting Director of the Lottery to
2		execute the powers and discharge the duties vested by law in
3		that office. A person who is designated as an Acting Director
4		shall not continue in office for more than 60 calendar days
5		unless the Governor files a message with the Secretary of the
6		Senate nominating that person to fill the office. After 60
7		calendar days, the office is considered vacant and shall be
8		filled only under this Section. No person who has been
9		appointed by the Governor to serve as Acting Director shall,
10		except at the Senate's request, be designated again as an
11		Acting Director at the same session of that Senate, subject to
12		the provisions of this Section. A person appointed as an
13		Acting Director is not required to meet the requirements of
14		paragraph (1) of subsection (b) of this Section. In no case may
15		the Governor designate a person to serve as Acting Director if
16		that person has prior to the effective date of this amendatory
17		Act of the 97th General Assembly exercised any of the duties
18		and functions of the office of Director without having been
19		nominated by the Governor to serve as Director.
20		(b) The Director shall devote his or her entire time and
21		attention to the duties of the office and shall not be engaged
22		in any other profession or occupation.
23		The Director shall:
24		(1) be qualified by training and experience to direct
25		a lottery, including, at a minimum, 5 years of senior
26		executive-level experience in the successful advertising,

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1		marketing, and selling of consumer products, 4 years of
2		successful experience directing a lottery on behalf of a
3		governmental entity, or 5 years of successful senior-level
4		management experience at a lottery on behalf of a
5		governmental entity;
6		(2) have significant and meaningful management and
7		regulatory experience; and
8		(3) have a good reputation, particularly as a person
9		of honesty, independence, and integrity.
10		The Director shall not during his or her term of
11		appointment: become a candidate for any elective office; hold
12		any other elected or appointed public office; be actively
13		involved in the affairs of any political party or political
14		organization; advocate for the appointment of another person
15		to an appointed or elected office or position; or actively
16		participate in any campaign for any elective office. The
17		Director may be appointed to serve on a governmental advisory
18		or board study commission or as otherwise expressly authorized
19		by law.
20		(c) No person shall perform the duties and functions of
21		the Director, or otherwise exercise the authority of the
22		Director, unless the same shall have been appointed by the
23		Governor pursuant to this Section.
24		(Source: P.A. 100-1179, eff. 1-18-19.)
25		Section 15-20. The Military Code of Illinois is amended by

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1		changing Section 17 as follows:
2		(20 ILCS 1805/17) (from Ch. 129, par. 220.17)
3		Sec. 17. The Adjutant General and the Assistant Adjutants
4		General shall give their entire time to their military duties.
5		For terms ending before December 31, 2019, the Adjutant
6		General shall receive an annual salary as set by the
7		Compensation Review Board, and each Assistant Adjutant General
8		shall receive an annual salary as set by the Compensation
9		Review Board. For terms beginning after January 18, 2019 (the
10		effective date of Public Act 100-1179) and before January 16,
11		2023 this amendatory Act of the 100th General Assembly, the
12		annual salaries for the Adjutant General and the Assistant
13		Adjutants General shall be an amount equal to 15% more than the
14		respective officer's annual salary as of December 31, 2018.
15		The calculation of the 2018 salary base for this adjustment
16		shall not include any cost of living adjustments, as
17		authorized by Senate Joint Resolution 192 of the 86th General
18		Assembly, for the period beginning July 1, 2009 to June 30,
19		2019. On Beginning July 1, 2019 and each July 1 thereafter
20		through July 1, 2022, the Adjutant General and the Assistant
21		Adjutants General shall receive an increase in salary based on
22		a cost of living adjustment as authorized by Senate Joint
23		Resolution 192 of the 86th General Assembly.
24		Notwithstanding any other provision of law, for terms
25		beginning on or after January 16, 2023, the Adjutant General

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1		shall receive an annual salary of $165,000 or as set by the
2		Governor, whichever is higher. On July 1, 2023, and on each
3		July 1 thereafter, the Adjutant General shall receive an
4		increase in salary based on a cost of living adjustment as
5		authorized by Senate Joint Resolution 192 of the 86th General
6		Assembly.
7		Notwithstanding any other provision of law, for terms
8		beginning on or after January 16, 2023, the Assistant
9		Adjutants General shall receive an annual salary of $140,250
10		or as set by the Governor, whichever is higher. On July 1,
11		2023, and on each July 1 thereafter, the Assistant Adjutants
12		General shall receive an increase in salary based on a cost of
13		living adjustment as authorized by Senate Joint Resolution 192
14		of the 86th General Assembly.
15		(Source: P.A. 100-1179, eff. 1-18-19.)
16		Section 15-25. The State Fire Marshal Act is amended by
17		changing Section 1 as follows:
18		(20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
19		Sec. 1. There is hereby created the Office of the State
20		Fire Marshal, hereinafter referred to as the Office.
21		The Office shall be under an executive director who shall
22		be appointed by the Governor with the advice and consent of the
23		Senate.
24		The executive director of the Office shall be known as the

SB1720 Enrolled - 133 - LRB102 15815 RJF 21183 b
1		State Fire Marshal. For terms ending before December 31, 2019,
2		the State Fire Marshal shall receive an annual salary as set by
3		the Compensation Review Board. For terms beginning after
4		January 18, 2019 (the effective date of Public Act 100-1179)
5		and before January 16, 2023 this amendatory Act of the 100th
6		General Assembly, the State Fire Marshal's annual salary shall
7		be an amount equal to 15% more than the State Fire Marshal's
8		annual salary as of December 31, 2018. The calculation of the
9		2018 salary base for this adjustment shall not include any
10		cost of living adjustments, as authorized by Senate Joint
11		Resolution 192 of the 86th General Assembly, for the period
12		beginning July 1, 2009 to June 30, 2019. On Beginning July 1,
13		2019 and each July 1 thereafter through July 1, 2022, the State
14		Fire Marshal shall receive an increase in salary based on a
15		cost of living adjustment as authorized by Senate Joint
16		Resolution 192 of the 86th General Assembly.
17		Notwithstanding any other provision of law, for terms
18		beginning on or after January 16, 2023, the State Fire Marshal
19		shall receive an annual salary of $165,000 or as set by the
20		Governor, whichever is higher. On July 1, 2023, and on each
21		July 1 thereafter, the State Fire Marshal shall receive an
22		increase in salary based on a cost of living adjustment as
23		authorized by Senate Joint Resolution 192 of the 86th General
24		Assembly.
25		The Office of the State Fire Marshal shall have a division
26		that shall assume the duties of the Division of Fire

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1		Prevention, Department of Law Enforcement, and a division that
2		shall assume the duties of Illinois Fire Protection Personnel
3		Standards and Education Commission. Each division shall be
4		headed by a division manager who shall be employed by the Fire
5		Marshal, subject to the Personnel Code, and shall be
6		responsible to the Fire Marshal.
7		(Source: P.A. 100-1179, eff. 1-18-19.)
8		Section 15-30. The Illinois Emergency Management Agency
9		Act is amended by changing Section 5 as follows:
10		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
11		Sec. 5. Illinois Emergency Management Agency.
12		(a) There is created within the executive branch of the
13		State Government an Illinois Emergency Management Agency and a
14		Director of the Illinois Emergency Management Agency, herein
15		called the "Director" who shall be the head thereof. The
16		Director shall be appointed by the Governor, with the advice
17		and consent of the Senate, and shall serve for a term of 2
18		years beginning on the third Monday in January of the
19		odd-numbered year, and until a successor is appointed and has
20		qualified; except that the term of the first Director
21		appointed under this Act shall expire on the third Monday in
22		January, 1989. The Director shall not hold any other
23		remunerative public office. For terms ending before December
24		31, 2019, the Director shall receive an annual salary as set by

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1		the Compensation Review Board. For terms beginning after
2		January 18, 2019 (the effective date of Public Act 100-1179)
3		and before January 16, 2023, the annual salary of the Director
4		shall be as provided in Section 5-300 of the Civil
5		Administrative Code of Illinois. Notwithstanding any other
6		provision of law, for terms beginning on or after January 16,
7		2023, the Director shall receive an annual salary of $180,000
8		or as set by the Governor, whichever is higher. On July 1,
9		2023, and on each July 1 thereafter, the Director shall
10		receive an increase in salary based on a cost of living
11		adjustment as authorized by Senate Joint Resolution 192 of the
12		86th General Assembly.
13		For terms beginning on or after January 16, 2023, the
14		Assistant Director of the Illinois Emergency Management Agency
15		shall receive an annual salary of $156,600 or as set by the
16		Governor, whichever is higher. On July 1, 2023, and on each
17		July 1 thereafter, the Assistant Director shall receive an
18		increase in salary based on a cost of living adjustment as
19		authorized by Senate Joint Resolution 192 of the 86th General
20		Assembly.
21		(b) The Illinois Emergency Management Agency shall obtain,
22		under the provisions of the Personnel Code, technical,
23		clerical, stenographic and other administrative personnel, and
24		may make expenditures within the appropriation therefor as may
25		be necessary to carry out the purpose of this Act. The agency
26		created by this Act is intended to be a successor to the agency

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1		created under the Illinois Emergency Services and Disaster
2		Agency Act of 1975 and the personnel, equipment, records, and
3		appropriations of that agency are transferred to the successor
4		agency as of June 30, 1988 (the effective date of this Act).
5		(c) The Director, subject to the direction and control of
6		the Governor, shall be the executive head of the Illinois
7		Emergency Management Agency and the State Emergency Response
8		Commission and shall be responsible under the direction of the
9		Governor, for carrying out the program for emergency
10		management of this State. The Director shall also maintain
11		liaison and cooperate with the emergency management
12		organizations of this State and other states and of the
13		federal government.
14		(d) The Illinois Emergency Management Agency shall take an
15		integral part in the development and revision of political
16		subdivision emergency operations plans prepared under
17		paragraph (f) of Section 10. To this end it shall employ or
18		otherwise secure the services of professional and technical
19		personnel capable of providing expert assistance to the
20		emergency services and disaster agencies. These personnel
21		shall consult with emergency services and disaster agencies on
22		a regular basis and shall make field examinations of the
23		areas, circumstances, and conditions that particular political
24		subdivision emergency operations plans are intended to apply.
25		(e) The Illinois Emergency Management Agency and political
26		subdivisions shall be encouraged to form an emergency

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1		management advisory committee composed of private and public
2		personnel representing the emergency management phases of
3		mitigation, preparedness, response, and recovery. The Local
4		Emergency Planning Committee, as created under the Illinois
5		Emergency Planning and Community Right to Know Act, shall
6		serve as an advisory committee to the emergency services and
7		disaster agency or agencies serving within the boundaries of
8		that Local Emergency Planning Committee planning district for:
9		(1) the development of emergency operations plan
10		provisions for hazardous chemical emergencies; and
11		(2) the assessment of emergency response capabilities
12		related to hazardous chemical emergencies.
13		(f) The Illinois Emergency Management Agency shall:
14		(1) Coordinate the overall emergency management
15		program of the State.
16		(2) Cooperate with local governments, the federal
17		government, and any public or private agency or entity in
18		achieving any purpose of this Act and in implementing
19		emergency management programs for mitigation,
20		preparedness, response, and recovery.
21		(2.5) Develop a comprehensive emergency preparedness
22		and response plan for any nuclear accident in accordance
23		with Section 65 of the Nuclear Safety Law of 2004 and in
24		development of the Illinois Nuclear Safety Preparedness
25		program in accordance with Section 8 of the Illinois
26		Nuclear Safety Preparedness Act.

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1		(2.6) Coordinate with the Department of Public Health
2		with respect to planning for and responding to public
3		health emergencies.
4		(3) Prepare, for issuance by the Governor, executive
5		orders, proclamations, and regulations as necessary or
6		appropriate in coping with disasters.
7		(4) Promulgate rules and requirements for political
8		subdivision emergency operations plans that are not
9		inconsistent with and are at least as stringent as
10		applicable federal laws and regulations.
11		(5) Review and approve, in accordance with Illinois
12		Emergency Management Agency rules, emergency operations
13		plans for those political subdivisions required to have an
14		emergency services and disaster agency pursuant to this
15		Act.
16		(5.5) Promulgate rules and requirements for the
17		political subdivision emergency management exercises,
18		including, but not limited to, exercises of the emergency
19		operations plans.
20		(5.10) Review, evaluate, and approve, in accordance
21		with Illinois Emergency Management Agency rules, political
22		subdivision emergency management exercises for those
23		political subdivisions required to have an emergency
24		services and disaster agency pursuant to this Act.
25		(6) Determine requirements of the State and its
26		political subdivisions for food, clothing, and other

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1		necessities in event of a disaster.
2		(7) Establish a register of persons with types of
3		emergency management training and skills in mitigation,
4		preparedness, response, and recovery.
5		(8) Establish a register of government and private
6		response resources available for use in a disaster.
7		(9) Expand the Earthquake Awareness Program and its
8		efforts to distribute earthquake preparedness materials to
9		schools, political subdivisions, community groups, civic
10		organizations, and the media. Emphasis will be placed on
11		those areas of the State most at risk from an earthquake.
12		Maintain the list of all school districts, hospitals,
13		airports, power plants, including nuclear power plants,
14		lakes, dams, emergency response facilities of all types,
15		and all other major public or private structures which are
16		at the greatest risk of damage from earthquakes under
17		circumstances where the damage would cause subsequent harm
18		to the surrounding communities and residents.
19		(10) Disseminate all information, completely and
20		without delay, on water levels for rivers and streams and
21		any other data pertaining to potential flooding supplied
22		by the Division of Water Resources within the Department
23		of Natural Resources to all political subdivisions to the
24		maximum extent possible.
25		(11) Develop agreements, if feasible, with medical
26		supply and equipment firms to supply resources as are

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1		necessary to respond to an earthquake or any other
2		disaster as defined in this Act. These resources will be
3		made available upon notifying the vendor of the disaster.
4		Payment for the resources will be in accordance with
5		Section 7 of this Act. The Illinois Department of Public
6		Health shall determine which resources will be required
7		and requested.
8		(11.5) In coordination with the Illinois State Police,
9		develop and implement a community outreach program to
10		promote awareness among the State's parents and children
11		of child abduction prevention and response.
12		(12) Out of funds appropriated for these purposes,
13		award capital and non-capital grants to Illinois hospitals
14		or health care facilities located outside of a city with a
15		population in excess of 1,000,000 to be used for purposes
16		that include, but are not limited to, preparing to respond
17		to mass casualties and disasters, maintaining and
18		improving patient safety and quality of care, and
19		protecting the confidentiality of patient information. No
20		single grant for a capital expenditure shall exceed
21		$300,000. No single grant for a non-capital expenditure
22		shall exceed $100,000. In awarding such grants, preference
23		shall be given to hospitals that serve a significant
24		number of Medicaid recipients, but do not qualify for
25		disproportionate share hospital adjustment payments under
26		the Illinois Public Aid Code. To receive such a grant, a

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1		hospital or health care facility must provide funding of
2		at least 50% of the cost of the project for which the grant
3		is being requested. In awarding such grants the Illinois
4		Emergency Management Agency shall consider the
5		recommendations of the Illinois Hospital Association.
6		(13) Do all other things necessary, incidental or
7		appropriate for the implementation of this Act.
8		(g) The Illinois Emergency Management Agency is authorized
9		to make grants to various higher education institutions,
10		public K-12 school districts, area vocational centers as
11		designated by the State Board of Education, inter-district
12		special education cooperatives, regional safe schools, and
13		nonpublic K-12 schools for safety and security improvements.
14		For the purpose of this subsection (g), "higher education
15		institution" means a public university, a public community
16		college, or an independent, not-for-profit or for-profit
17		higher education institution located in this State. Grants
18		made under this subsection (g) shall be paid out of moneys
19		appropriated for that purpose from the Build Illinois Bond
20		Fund. The Illinois Emergency Management Agency shall adopt
21		rules to implement this subsection (g). These rules may
22		specify: (i) the manner of applying for grants; (ii) project
23		eligibility requirements; (iii) restrictions on the use of
24		grant moneys; (iv) the manner in which the various higher
25		education institutions must account for the use of grant
26		moneys; and (v) any other provision that the Illinois

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1		Emergency Management Agency determines to be necessary or
2		useful for the administration of this subsection (g).
3		(g-5) The Illinois Emergency Management Agency is
4		authorized to make grants to not-for-profit organizations
5		which are exempt from federal income taxation under section
6		501(c)(3) of the Federal Internal Revenue Code for eligible
7		security improvements that assist the organization in
8		preventing, preparing for, or responding to acts of terrorism.
9		The Director shall establish procedures and forms by which
10		applicants may apply for a grant and procedures for
11		distributing grants to recipients. The procedures shall
12		require each applicant to do the following:
13		(1) identify and substantiate prior threats or attacks
14		by a terrorist organization, network, or cell against the
15		not-for-profit organization;
16		(2) indicate the symbolic or strategic value of one or
17		more sites that renders the site a possible target of
18		terrorism;
19		(3) discuss potential consequences to the organization
20		if the site is damaged, destroyed, or disrupted by a
21		terrorist act;
22		(4) describe how the grant will be used to integrate
23		organizational preparedness with broader State and local
24		preparedness efforts;
25		(5) submit a vulnerability assessment conducted by
26		experienced security, law enforcement, or military

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1		personnel, and a description of how the grant award will
2		be used to address the vulnerabilities identified in the
3		assessment; and
4		(6) submit any other relevant information as may be
5		required by the Director.
6		The Agency is authorized to use funds appropriated for the
7		grant program described in this subsection (g-5) to administer
8		the program.
9		(h) Except as provided in Section 17.5 of this Act, any
10		moneys received by the Agency from donations or sponsorships
11		unrelated to a disaster shall be deposited in the Emergency
12		Planning and Training Fund and used by the Agency, subject to
13		appropriation, to effectuate planning and training activities.
14		Any moneys received by the Agency from donations during a
15		disaster and intended for disaster response or recovery shall
16		be deposited into the Disaster Response and Recovery Fund and
17		used for disaster response and recovery pursuant to the
18		Disaster Relief Act.
19		(i) The Illinois Emergency Management Agency may by rule
20		assess and collect reasonable fees for attendance at
21		Agency-sponsored conferences to enable the Agency to carry out
22		the requirements of this Act. Any moneys received under this
23		subsection shall be deposited in the Emergency Planning and
24		Training Fund and used by the Agency, subject to
25		appropriation, for planning and training activities.
26		(j) The Illinois Emergency Management Agency is authorized

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1		to make grants to other State agencies, public universities,
2		units of local government, and statewide mutual aid
3		organizations to enhance statewide emergency preparedness and
4		response.
5		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
6		102-813, eff. 5-13-22.)
7		Section 15-35. The Environmental Protection Act is amended
8		by changing Section 4 as follows:
9		(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
10		Sec. 4. Environmental Protection Agency; establishment;
11		duties.
12		(a) There is established in the Executive Branch of the
13		State Government an agency to be known as the Environmental
14		Protection Agency. This Agency shall be under the supervision
15		and direction of a Director who shall be appointed by the
16		Governor with the advice and consent of the Senate. The term of
17		office of the Director shall expire on the third Monday of
18		January in odd numbered years, provided that he or she shall
19		hold office until a successor is appointed and has qualified.
20		For terms ending before December 31, 2019, the Director shall
21		receive an annual salary as set by the Compensation Review
22		Board. For terms beginning after January 18, 2019 (the
23		effective date of Public Act 100-1179) and before January 16,
24		2023, the Director's annual salary shall be an amount equal to

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1		15% more than the Director's annual salary as of December 31,
2		2018. The calculation of the 2018 salary base for this
3		adjustment shall not include any cost of living adjustments,
4		as authorized by Senate Joint Resolution 192 of the 86th
5		General Assembly, for the period beginning July 1, 2009 to
6		June 30, 2019. Beginning July 1, 2019 and each July 1
7		thereafter, the Director shall receive an increase in salary
8		based on a cost of living adjustment as authorized by Senate
9		Joint Resolution 192 of the 86th General Assembly.
10		Notwithstanding any other provision of law, for terms
11		beginning on or after January 16, 2023, the Director shall
12		receive an annual salary of $180,000 or as set by the Governor,
13		whichever is higher. On July 1, 2023, and on each July 1
14		thereafter, the Director shall receive an increase in salary
15		based on a cost of living adjustment as authorized by Senate
16		Joint Resolution 192 of the 86th General Assembly. The
17		Director, in accord with the Personnel Code, shall employ and
18		direct such personnel, and shall provide for such laboratory
19		and other facilities, as may be necessary to carry out the
20		purposes of this Act. In addition, the Director may by
21		agreement secure such services as he or she may deem necessary
22		from any other department, agency, or unit of the State
23		Government, and may employ and compensate such consultants and
24		technical assistants as may be required.
25		(b) The Agency shall have the duty to collect and
26		disseminate such information, acquire such technical data, and

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1		conduct such experiments as may be required to carry out the
2		purposes of this Act, including ascertainment of the quantity
3		and nature of discharges from any contaminant source and data
4		on those sources, and to operate and arrange for the operation
5		of devices for the monitoring of environmental quality.
6		(c) The Agency shall have authority to conduct a program
7		of continuing surveillance and of regular or periodic
8		inspection of actual or potential contaminant or noise
9		sources, of public water supplies, and of refuse disposal
10		sites.
11		(d) In accordance with constitutional limitations, the
12		Agency shall have authority to enter at all reasonable times
13		upon any private or public property for the purpose of:
14		(1) Inspecting and investigating to ascertain possible
15		violations of this Act, any rule or regulation adopted
16		under this Act, any permit or term or condition of a
17		permit, or any Board order; or
18		(2) In accordance with the provisions of this Act,
19		taking whatever preventive or corrective action, including
20		but not limited to removal or remedial action, that is
21		necessary or appropriate whenever there is a release or a
22		substantial threat of a release of (A) a hazardous
23		substance or pesticide or (B) petroleum from an
24		underground storage tank.
25		(e) The Agency shall have the duty to investigate
26		violations of this Act, any rule or regulation adopted under

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1		this Act, any permit or term or condition of a permit, or any
2		Board order; to issue administrative citations as provided in
3		Section 31.1 of this Act; and to take such summary enforcement
4		action as is provided for by Section 34 of this Act.
5		(f) The Agency shall appear before the Board in any
6		hearing upon a petition for variance or time-limited water
7		quality standard, the denial of a permit, or the validity or
8		effect of a rule or regulation of the Board, and shall have the
9		authority to appear before the Board in any hearing under the
10		Act.
11		(g) The Agency shall have the duty to administer, in
12		accord with Title X of this Act, such permit and certification
13		systems as may be established by this Act or by regulations
14		adopted thereunder. The Agency may enter into written
15		delegation agreements with any department, agency, or unit of
16		State or local government under which all or portions of this
17		duty may be delegated for public water supply storage and
18		transport systems, sewage collection and transport systems,
19		air pollution control sources with uncontrolled emissions of
20		100 tons per year or less and application of algicides to
21		waters of the State. Such delegation agreements will require
22		that the work to be performed thereunder will be in accordance
23		with Agency criteria, subject to Agency review, and shall
24		include such financial and program auditing by the Agency as
25		may be required.
26		(h) The Agency shall have authority to require the

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1		submission of complete plans and specifications from any
2		applicant for a permit required by this Act or by regulations
3		thereunder, and to require the submission of such reports
4		regarding actual or potential violations of this Act, any rule
5		or regulation adopted under this Act, any permit or term or
6		condition of a permit, or any Board order, as may be necessary
7		for the purposes of this Act.
8		(i) The Agency shall have authority to make
9		recommendations to the Board for the adoption of regulations
10		under Title VII of the Act.
11		(j) The Agency shall have the duty to represent the State
12		of Illinois in any and all matters pertaining to plans,
13		procedures, or negotiations for interstate compacts or other
14		governmental arrangements relating to environmental
15		protection.
16		(k) The Agency shall have the authority to accept,
17		receive, and administer on behalf of the State any grants,
18		gifts, loans, indirect cost reimbursements, or other funds
19		made available to the State from any source for purposes of
20		this Act or for air or water pollution control, public water
21		supply, solid waste disposal, noise abatement, or other
22		environmental protection activities, surveys, or programs. Any
23		federal funds received by the Agency pursuant to this
24		subsection shall be deposited in a trust fund with the State
25		Treasurer and held and disbursed by him in accordance with
26		Treasurer as Custodian of Funds Act, provided that such monies

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1		shall be used only for the purposes for which they are
2		contributed and any balance remaining shall be returned to the
3		contributor.
4		The Agency is authorized to promulgate such regulations
5		and enter into such contracts as it may deem necessary for
6		carrying out the provisions of this subsection.
7		(l) The Agency is hereby designated as water pollution
8		agency for the state for all purposes of the Federal Water
9		Pollution Control Act, as amended; as implementing agency for
10		the State for all purposes of the Safe Drinking Water Act,
11		Public Law 93-523, as now or hereafter amended, except Section
12		1425 of that Act; as air pollution agency for the state for all
13		purposes of the Clean Air Act of 1970, Public Law 91-604,
14		approved December 31, 1970, as amended; and as solid waste
15		agency for the state for all purposes of the Solid Waste
16		Disposal Act, Public Law 89-272, approved October 20, 1965,
17		and amended by the Resource Recovery Act of 1970, Public Law
18		91-512, approved October 26, 1970, as amended, and amended by
19		the Resource Conservation and Recovery Act of 1976, (P.L.
20		94-580) approved October 21, 1976, as amended; as noise
21		control agency for the state for all purposes of the Noise
22		Control Act of 1972, Public Law 92-574, approved October 27,
23		1972, as amended; and as implementing agency for the State for
24		all purposes of the Comprehensive Environmental Response,
25		Compensation, and Liability Act of 1980 (P.L. 96-510), as
26		amended; and otherwise as pollution control agency for the

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1		State pursuant to federal laws integrated with the foregoing
2		laws, for financing purposes or otherwise. The Agency is
3		hereby authorized to take all action necessary or appropriate
4		to secure to the State the benefits of such federal Acts,
5		provided that the Agency shall transmit to the United States
6		without change any standards adopted by the Pollution Control
7		Board pursuant to Section 5(c) of this Act. This subsection
8		(l) of Section 4 shall not be construed to bar or prohibit the
9		Environmental Protection Trust Fund Commission from accepting,
10		receiving, and administering on behalf of the State any
11		grants, gifts, loans or other funds for which the Commission
12		is eligible pursuant to the Environmental Protection Trust
13		Fund Act. The Agency is hereby designated as the State agency
14		for all purposes of administering the requirements of Section
15		313 of the federal Emergency Planning and Community
16		Right-to-Know Act of 1986.
17		Any municipality, sanitary district, or other political
18		subdivision, or any Agency of the State or interstate Agency,
19		which makes application for loans or grants under such federal
20		Acts shall notify the Agency of such application; the Agency
21		may participate in proceedings under such federal Acts.
22		(m) The Agency shall have authority, consistent with
23		Section 5(c) and other provisions of this Act, and for
24		purposes of Section 303(e) of the Federal Water Pollution
25		Control Act, as now or hereafter amended, to engage in
26		planning processes and activities and to develop plans in

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1		cooperation with units of local government, state agencies and
2		officers, and other appropriate persons in connection with the
3		jurisdiction or duties of each such unit, agency, officer or
4		person. Public hearings shall be held on the planning process,
5		at which any person shall be permitted to appear and be heard,
6		pursuant to procedural regulations promulgated by the Agency.
7		(n) In accordance with the powers conferred upon the
8		Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
9		the Agency shall have authority to establish and enforce
10		minimum standards for the operation of laboratories relating
11		to analyses and laboratory tests for air pollution, water
12		pollution, noise emissions, contaminant discharges onto land
13		and sanitary, chemical, and mineral quality of water
14		distributed by a public water supply. The Agency may enter
15		into formal working agreements with other departments or
16		agencies of state government under which all or portions of
17		this authority may be delegated to the cooperating department
18		or agency.
19		(o) The Agency shall have the authority to issue
20		certificates of competency to persons and laboratories meeting
21		the minimum standards established by the Agency in accordance
22		with Section 4(n) of this Act and to promulgate and enforce
23		regulations relevant to the issuance and use of such
24		certificates. The Agency may enter into formal working
25		agreements with other departments or agencies of state
26		government under which all or portions of this authority may

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1		be delegated to the cooperating department or agency.
2		(p) Except as provided in Section 17.7, the Agency shall
3		have the duty to analyze samples as required from each public
4		water supply to determine compliance with the contaminant
5		levels specified by the Pollution Control Board. The maximum
6		number of samples which the Agency shall be required to
7		analyze for microbiological quality shall be 6 per month, but
8		the Agency may, at its option, analyze a larger number each
9		month for any supply. Results of sample analyses for
10		additional required bacteriological testing, turbidity,
11		residual chlorine and radionuclides are to be provided to the
12		Agency in accordance with Section 19. Owners of water supplies
13		may enter into agreements with the Agency to provide for
14		reduced Agency participation in sample analyses.
15		(q) The Agency shall have the authority to provide notice
16		to any person who may be liable pursuant to Section 22.2(f) of
17		this Act for a release or a substantial threat of a release of
18		a hazardous substance or pesticide. Such notice shall include
19		the identified response action and an opportunity for such
20		person to perform the response action.
21		(r) The Agency may enter into written delegation
22		agreements with any unit of local government under which it
23		may delegate all or portions of its inspecting, investigating
24		and enforcement functions. Such delegation agreements shall
25		require that work performed thereunder be in accordance with
26		Agency criteria and subject to Agency review. Notwithstanding

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1		any other provision of law to the contrary, no unit of local
2		government shall be liable for any injury resulting from the
3		exercise of its authority pursuant to such a delegation
4		agreement unless the injury is proximately caused by the
5		willful and wanton negligence of an agent or employee of the
6		unit of local government, and any policy of insurance coverage
7		issued to a unit of local government may provide for the denial
8		of liability and the nonpayment of claims based upon injuries
9		for which the unit of local government is not liable pursuant
10		to this subsection (r).
11		(s) The Agency shall have authority to take whatever
12		preventive or corrective action is necessary or appropriate,
13		including but not limited to expenditure of monies
14		appropriated from the Build Illinois Bond Fund for removal or
15		remedial action, whenever any hazardous substance or pesticide
16		is released or there is a substantial threat of such a release
17		into the environment. The State, the Director, and any State
18		employee shall be indemnified for any damages or injury
19		arising out of or resulting from any action taken under this
20		subsection. The Director of the Agency is authorized to enter
21		into such contracts and agreements as are necessary to carry
22		out the Agency's duties under this subsection.
23		(t) The Agency shall have authority to distribute grants,
24		subject to appropriation by the General Assembly, to units of
25		local government for financing and construction of wastewater
26		facilities in both incorporated and unincorporated areas. With

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1		respect to all monies appropriated from the Build Illinois
2		Bond Fund for wastewater facility grants, the Agency shall
3		make distributions in conformity with the rules and
4		regulations established pursuant to the Anti-Pollution Bond
5		Act, as now or hereafter amended.
6		(u) Pursuant to the Illinois Administrative Procedure Act,
7		the Agency shall have the authority to adopt such rules as are
8		necessary or appropriate for the Agency to implement Section
9		31.1 of this Act.
10		(v) (Blank.)
11		(w) Neither the State, nor the Director, nor the Board,
12		nor any State employee shall be liable for any damages or
13		injury arising out of or resulting from any action taken under
14		subsection (s).
15		(x)(1) The Agency shall have authority to distribute
16		grants, subject to appropriation by the General Assembly, to
17		units of local government for financing and construction of
18		public water supply facilities. With respect to all monies
19		appropriated from the Build Illinois Bond Fund for public
20		water supply grants, such grants shall be made in accordance
21		with rules promulgated by the Agency. Such rules shall include
22		a requirement for a local match of 30% of the total project
23		cost for projects funded through such grants.
24		(2) The Agency shall not terminate a grant to a unit of
25		local government for the financing and construction of public
26		water supply facilities unless and until the Agency adopts

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1		rules that set forth precise and complete standards, pursuant
2		to Section 5-20 of the Illinois Administrative Procedure Act,
3		for the termination of such grants. The Agency shall not make
4		determinations on whether specific grant conditions are
5		necessary to ensure the integrity of a project or on whether
6		subagreements shall be awarded, with respect to grants for the
7		financing and construction of public water supply facilities,
8		unless and until the Agency adopts rules that set forth
9		precise and complete standards, pursuant to Section 5-20 of
10		the Illinois Administrative Procedure Act, for making such
11		determinations. The Agency shall not issue a stop-work order
12		in relation to such grants unless and until the Agency adopts
13		precise and complete standards, pursuant to Section 5-20 of
14		the Illinois Administrative Procedure Act, for determining
15		whether to issue a stop-work order.
16		(y) The Agency shall have authority to release any person
17		from further responsibility for preventive or corrective
18		action under this Act following successful completion of
19		preventive or corrective action undertaken by such person upon
20		written request by the person.
21		(z) To the extent permitted by any applicable federal law
22		or regulation, for all work performed for State construction
23		projects which are funded in whole or in part by a capital
24		infrastructure bill enacted by the 96th General Assembly by
25		sums appropriated to the Environmental Protection Agency, at
26		least 50% of the total labor hours must be performed by actual

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1		residents of the State of Illinois. For purposes of this
2		subsection, "actual residents of the State of Illinois" means
3		persons domiciled in the State of Illinois. The Department of
4		Labor shall promulgate rules providing for the enforcement of
5		this subsection.
6		(aa) The Agency may adopt rules requiring the electronic
7		submission of any information required to be submitted to the
8		Agency pursuant to any State or federal law or regulation or
9		any court or Board order. Any rules adopted under this
10		subsection (aa) must include, but are not limited to,
11		identification of the information to be submitted
12		electronically.
13		(Source: P.A. 102-1071, eff. 6-10-22.)
14		Section 15-40. The Reimagine Public Safety Act is amended
15		by changing Section 35-20 as follows:
16		(430 ILCS 69/35-20)
17		Sec. 35-20. Office of Firearm Violence Prevention.
18		(a) On or before October 1, 2021, an Office of Firearm
19		Violence Prevention is established within the Illinois
20		Department of Human Services. The Assistant Secretary of
21		Violence Prevention shall report his or her actions to the
22		Secretary of Human Services and the Office of the Governor.
23		The Office shall have the authority to coordinate and
24		integrate all programs and services listed in this Act and

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1		other programs and services the Governor establishes by
2		executive order to maximize an integrated approach to reducing
3		Illinois' firearm violence epidemic and ultimately ending this
4		public health crisis.
5		(b) The Department of Human Services and the Office of
6		Firearm Violence Prevention shall have grant making,
7		operational, and procurement authority to distribute funds to
8		violence prevention organizations, youth development
9		organizations, high-risk youth intervention organizations,
10		approved technical assistance and training providers,
11		evaluation and assessment organizations, and other entities
12		necessary to execute the functions established in this Act and
13		other programs and services the Governor establishes by
14		executive order for the Department and the Office.
15		(c) The Assistant Secretary of Firearm Violence Prevention
16		shall be appointed by the Governor with the advice and consent
17		of the Senate. The Assistant Secretary of Firearm Violence
18		Prevention shall receive an annual salary of $170,000 or as
19		set by the Governor, whichever is higher, and, beginning July
20		1, 2023, shall be compensated from appropriations provided to
21		the Comptroller for this purpose. On July 1, 2023, and on each
22		July 1 thereafter, the Assistant Secretary shall receive an
23		increase in salary based on a cost of living adjustment as
24		authorized by Senate Joint Resolution 192 of the 86th General
25		Assembly. The Assistant Secretary of Firearm Violence
26		Prevention shall report to the Secretary of Human Services and

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1		also report his or her actions to the Office of the Governor.
2		(d) For Illinois municipalities with a 1,000,000 or more
3		population, the Office of Firearm Violence Prevention shall
4		determine the 10 most violent neighborhoods. When possible,
5		this shall be determined by measuring the number of per capita
6		fatal and nonfatal firearm-shot victims, excluding
7		self-inflicted incidents, from January 1, 2016 through
8		December 31, 2020. These 10 communities shall qualify for
9		grants under this Act and coordination of other State services
10		from the Office of Firearm Violence Prevention. The Office
11		shall, after identifying the top 10 neighborhoods, identify an
12		additional 7 eligible neighborhoods by considering the number
13		of victims in rank order in addition to the per capita rate. If
14		appropriate, and subject to appropriation, the Office shall
15		have the authority to consider adding up to 5 additional
16		eligible neighborhoods or clusters of contiguous neighborhoods
17		utilizing the same data sets so as to maximize the potential
18		impact for firearm violence reduction. For Illinois
19		municipalities with less than 1,000,000 residents and more
20		than 35,000 residents, the Office of Firearm Violence
21		Prevention shall identify the 10 municipalities or contiguous
22		geographic areas that have the greatest concentrated firearm
23		violence victims. When possible, this shall be determined by
24		measuring the number of fatal and nonfatal firearm-shot
25		victims, excluding self-inflicted incidents, from January 1,
26		2016 through December 31, 2020 divided by the number of

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1		residents for each municipality or area. These 10
2		municipalities or contiguous geographic areas and up to 5
3		additional municipalities or contiguous geographic areas
4		identified by the Office of Firearm Violence Prevention shall
5		qualify for grants under this Act and coordination of other
6		State services from the Office of Firearm Violence Prevention.
7		The Office of Firearm Violence Prevention shall consider
8		factors listed in subsection (a) of Section 35-40 to determine
9		up to 5 additional municipalities or contiguous geographic
10		areas that qualify for grants under this Act. The Office of
11		Firearm Violence Prevention may, subject to appropriation,
12		identify up to 5 additional neighborhoods, municipalities,
13		contiguous geographic areas, or other local
14		government-identified boundary areas to receive funding under
15		this Act after considering additional risk factors that
16		contribute to community firearm violence. The data analysis to
17		identify new eligible neighborhoods and municipalities shall
18		be updated to reflect eligibility based on the most recently
19		available 5 full years of data no more frequently than once
20		every 3 years.
21		(e) The Office of Firearm Violence Prevention shall issue
22		a report to the General Assembly no later than January 1 of
23		each year that identifies communities within Illinois
24		municipalities of 1,000,000 or more residents and
25		municipalities with less than 1,000,000 residents and more
26		than 35,000 residents that are experiencing concentrated

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1		firearm violence, explaining the investments that are being
2		made to reduce concentrated firearm violence, and making
3		further recommendations on how to end Illinois' firearm
4		violence epidemic.
5		(Source: P.A. 102-16, eff. 6-17-21; 102-679, eff. 12-10-21.)
6		ARTICLE 20
7		Section 20-5. The Illinois Power Agency Act is amended by
8		changing Section 1-70 as follows:
9		(20 ILCS 3855/1-70)
10		Sec. 1-70. Agency officials.
11		(a) The Agency shall have a Director who meets the
12		qualifications specified in Section 5-222 of the Civil
13		Administrative Code of Illinois.
14		(b) Within the Illinois Power Agency, the Agency shall
15		establish a Planning and Procurement Bureau and may establish
16		a Resource Development Bureau. Each Bureau shall report to the
17		Director.
18		(c) The Chief of the Planning and Procurement Bureau shall
19		be appointed by the Director, at the Director's sole
20		discretion, and (i) shall have at least 5 years of direct
21		experience in electricity supply planning and procurement and
22		(ii) shall also hold an advanced degree in risk management,
23		law, business, or a related field.

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1		(d) The Chief of the Resource Development Bureau may be
2		appointed by the Director and (i) shall have at least 5 years
3		of direct experience in electric generating project
4		development and (ii) shall also hold an advanced degree in
5		economics, engineering, law, business, or a related field.
6		(e) Notwithstanding any other provision of law, for terms
7		beginning on or after January 16, 2023, the Director shall
8		receive an annual salary of $165,000. On July 1, 2023, and on
9		each July 1 thereafter, the Director shall receive an increase
10		in salary based on a cost of living adjustment as authorized by
11		Senate Joint Resolution 192 of the 86th General Assembly. For
12		terms ending before December 31, 2019, the Director shall
13		receive an annual salary of $100,000 or as set by the Executive
14		Ethics Commission based on a review of comparable State agency
15		director salaries, whichever is higher. No annual salary for
16		the Director or a Bureau Chief shall exceed the amount of
17		salary set by law for the Governor that is in effect on July 1
18		of that fiscal year.
19		(f) The Director and each Bureau Chief Bureau Chiefs shall
20		not, for 2 years prior to appointment or for 2 years after he
21		or she leaves his or her position, be employed by an electric
22		utility, independent power producer, power marketer, or
23		alternative retail electric supplier regulated by the
24		Commission or the Federal Energy Regulatory Commission.
25		(g) The Director and Bureau Chiefs are prohibited from:
26		(i) owning, directly or indirectly, 5% or more of the voting

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1		capital stock of an electric utility, independent power
2		producer, power marketer, or alternative retail electric
3		supplier; (ii) being in any chain of successive ownership of
4		5% or more of the voting capital stock of any electric utility,
5		independent power producer, power marketer, or alternative
6		retail electric supplier; (iii) receiving any form of
7		compensation, fee, payment, or other consideration from an
8		electric utility, independent power producer, power marketer,
9		or alternative retail electric supplier, including legal fees,
10		consulting fees, bonuses, or other sums. These limitations do
11		not apply to any compensation received pursuant to a defined
12		benefit plan or other form of deferred compensation, provided
13		that the individual has otherwise severed all ties to the
14		utility, power producer, power marketer, or alternative retail
15		electric supplier.
16		(Source: P.A. 102-662, eff. 9-15-21.)
17		ARTICLE 25
18		Section 25-5. The Commission on Equity and Inclusion Act
19		is amended by changing Section 40-5 as follows:
20		(30 ILCS 574/40-5)
21		Sec. 40-5. Commission on Equity and Inclusion.
22		(a) There is hereby created the Commission on Equity and
23		Inclusion, which shall consist of 7 members appointed by the

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1		Governor with the advice and consent of the Senate. No more
2		than 4 members shall be of the same political party. The
3		Governor shall designate one member as chairperson, who shall
4		be the chief administrative and executive officer of the
5		Commission, and shall have general supervisory authority over
6		all personnel of the Commission.
7		(b) Of the members first appointed, 4 shall be appointed
8		for a term to expire on the third Monday of January, 2023, and
9		3 (including the Chairperson) shall be appointed for a term to
10		expire on the third Monday of January, 2025.
11		Thereafter, each member shall serve for a term of 4 years
12		and until his or her successor is appointed and qualified;
13		except that any member chosen to fill a vacancy occurring
14		otherwise than by expiration of a term shall be appointed only
15		for the unexpired term of the member whom he or she shall
16		succeed and until his or her successor is appointed and
17		qualified.
18		(c) In case of a vacancy on the Commission during the
19		recess of the Senate, the Governor shall make a temporary
20		appointment until the next meeting of the Senate, when he or
21		she shall appoint a person to fill the vacancy. Any person so
22		nominated who is confirmed by the Senate shall hold office
23		during the remainder of the term and until his or her successor
24		is appointed and qualified. Vacancies in the Commission shall
25		not impair the right of the remaining members to exercise all
26		the powers of the Commission.

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1		(d) The Chairperson of the Commission shall be compensated
2		at the rate of $128,000 per year, or as otherwise set by this
3		Section, during his or her service as Chairperson, and each
4		other member shall be compensated at the rate of $121,856 per
5		year, or as otherwise set by this Section. In addition, all
6		members of the Commission shall be reimbursed for expenses
7		actually and necessarily incurred by them in the performance
8		of their duties. Members of the Commission are eligible to
9		receive pension under the State Employees' Retirement System
10		of Illinois as provided under Article 14 of the Illinois
11		Pension Code.
12		(e) The Commission shall have an Executive Director who is
13		appointed by the Governor and who shall be the chief
14		administrative and operational officer of the Commission,
15		shall direct and supervise its administrative affairs and
16		general management, and perform such other duties as may be
17		prescribed from time to time by the Commission.
18		Notwithstanding any other provision of law, beginning on the
19		effective date of this amendatory Act of the 102nd General
20		Assembly, the Executive Director shall receive an annual
21		salary as set by the Governor.
22		The Executive Director or any committee of the Commission
23		may carry out such responsibilities of the Commission as the
24		Commission by resolution may delegate. The Executive Director
25		shall attend all meetings of the Commission; however, no
26		action of the Commission shall be invalid on account of the

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1		absence of the Executive Director from a meeting. The
2		Executive Director may employ and determine the compensation
3		of staff, as appropriations permit.
4		(f) The budget established for the Commission for any
5		given fiscal year shall be no less than that established for
6		the Human Rights Commission for that same fiscal year.
7		(Source: P.A. 101-657, eff. 1-1-22.)
8		ARTICLE 30
9		Section 30-5. The Salaries Act is amended by changing
10		Section 1 as follows:
11		(5 ILCS 290/1) (from Ch. 53, par. 1)
12		Sec. 1. There shall be allowed and paid an annual salary in
13		lieu of all other salaries, fees, perquisites, benefit of
14		compensation in any form whatsoever, to each of the officers
15		herein named, the following respectively: .
16		(1) For terms beginning before January 9, 2023:
17		To the Governor, a salary set by the Compensation
18		Review Board, together with the use and occupancy of
19		the executive mansion.
20		To the Lieutenant Governor, a salary set by the
21		Compensation Review Board.
22		To the Secretary of State, a salary set by the
23		Compensation Review Board.

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1		To the Comptroller, a salary set by the
2		Compensation Review Board.
3		To the Treasurer, a salary set by the Compensation
4		Review Board.
5		To the Attorney General, a salary set by the
6		Compensation Review Board.
7		(2) For terms beginning on or after January 9, 2023:
8		To the Governor, a salary of $205,700 or as set by
9		the Compensation Review Board, whichever is greater,
10		together with the use and occupancy of the executive
11		mansion.
12		To the Lieutenant Governor, a salary of $160,900
13		or as set by the Compensation Review Board, whichever
14		is greater.
15		To the Secretary of State, a salary of $183,300 or
16		as set by the Compensation Review Board, whichever is
17		greater.
18		To the Comptroller, a salary of $160,900 or as set
19		by the Compensation Review Board, whichever is
20		greater.
21		To the Treasurer, a salary of $160,900 or as set by
22		the Compensation Review Board, whichever is greater.
23		To the Attorney General, a salary of $183,300 or
24		as set by the Compensation Review Board, whichever is
25		greater.
26		(Source: P.A. 89-657, eff. 8-14-96.)

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1		ARTICLE 35
2		Section 35-5. The General Assembly Compensation Act is
3		amended by changing Section 1 as follows:
4		(25 ILCS 115/1) (from Ch. 63, par. 14)
5		Sec. 1. Each member of the General Assembly shall receive
6		an annual salary of $28,000 or as set by the Compensation
7		Review Board, whichever is greater. Beginning with the 103rd
8		General Assembly, each member of the General Assembly shall
9		receive an annual salary of $85,000 or as set by the
10		Compensation Review Board, whichever is greater. The following
11		named officers, committee chairmen and committee minority
12		spokesmen shall receive additional amounts per year for their
13		services as such officers, committee chairmen and committee
14		minority spokesmen respectively, as set by the Compensation
15		Review Board or, as follows, whichever is greater: Beginning
16		the second Wednesday in January 1989, the Speaker and the
17		minority leader of the House of Representatives and the
18		President and the minority leader of the Senate, $16,000 each;
19		the majority leader in the House of Representatives $13,500; 5
20		assistant majority leaders and 5 assistant minority leaders in
21		the Senate, $12,000 each; 6 assistant majority leaders and 6
22		assistant minority leaders in the House of Representatives,
23		$10,500 each; 2 Deputy Majority leaders in the House of

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1		Representatives $11,500 each; and 2 Deputy Minority leaders in
2		the House of Representatives, $11,500 each; the majority
3		caucus chairman and minority caucus chairman in the Senate,
4		$12,000 each; and beginning the second Wednesday in January,
5		1989, the majority conference chairman and the minority
6		conference chairman in the House of Representatives, $10,500
7		each; beginning the second Wednesday in January, 1989, the
8		chairman and minority spokesman of each standing committee of
9		the Senate, except the Rules Committee, the Committee on
10		Committees, and the Committee on Assignment of Bills, $6,000
11		each; and beginning the second Wednesday in January, 1989, the
12		chairman and minority spokesman of each standing and select
13		committee of the House of Representatives, $6,000 each; and
14		beginning fiscal year 2020, the majority leader in the Senate,
15		an amount equal to the majority leader in the House. For any
16		General Assembly in which the majority party in the House of
17		Representatives has 71 or more elected Representatives, the
18		majority party shall have one additional majority officer who
19		shall have the title of speaker pro tempore and who shall
20		receive an amount equal to the majority leader in the House and
21		one majority officer who shall receive an amount equal to an
22		assistant majority leader in the House of Representatives. For
23		any General Assembly in which the majority party in the Senate
24		has 36 or more elected Senators, the majority party shall have
25		one additional majority officer who shall receive an amount
26		equal to the majority leader in the House and one majority

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1		officer who shall receive an amount equal to an assistant
2		majority leader in the Senate. A member who serves in more than
3		one position as an officer, committee chairman, or committee
4		minority spokesman shall receive only one additional amount
5		based on the position paying the highest additional amount.
6		Prior to the 103rd General Assembly, the compensation provided
7		for in this Section to be paid per year to members of the
8		General Assembly, including the additional sums payable per
9		year to officers of the General Assembly shall be paid in 12
10		equal monthly installments. The first such installment is
11		payable on January 31, 1977. All subsequent equal monthly
12		installments are payable on the last working day of the month.
13		Prior to the 103rd General Assembly, a member who has held
14		office any part of a month is entitled to compensation for an
15		entire month.
16		Beginning with the 103rd General Assembly, the
17		compensation provided for in this Section to be paid per year
18		to members of the General Assembly, including additional sums
19		payable per year to officers of the General Assembly, shall be
20		paid bi-monthly. Members who resign before completing the
21		entire term in office shall be compensated on a prorated
22		basis. Members completing the term of a vacancy shall be
23		compensated on a prorated basis.
24		Mileage shall be paid at the rate of 20 cents per mile
25		before January 9, 1985, and at the mileage allowance rate in
26		effect under regulations promulgated pursuant to 5 U.S.C.

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1		5707(b)(2) beginning January 9, 1985, for the number of actual
2		highway miles necessarily and conveniently traveled by the
3		most feasible route to be present upon convening of the
4		sessions of the General Assembly by such member in each and
5		every trip during each session in going to and returning from
6		the seat of government, to be computed by the Comptroller. A
7		member traveling by public transportation for such purposes,
8		however, shall be paid his actual cost of that transportation
9		instead of on the mileage rate if his cost of public
10		transportation exceeds the amount to which he would be
11		entitled on a mileage basis. No member may be paid, whether on
12		a mileage basis or for actual costs of public transportation,
13		for more than one such trip for each week the General Assembly
14		is actually in session. Each member shall also receive an
15		allowance of $36 per day for lodging and meals while in
16		attendance at sessions of the General Assembly before January
17		9, 1985; beginning January 9, 1985, such food and lodging
18		allowance shall be equal to the amount per day permitted to be
19		deducted for such expenses under the Internal Revenue Code;
20		however, beginning May 31, 1995, no allowance for food and
21		lodging while in attendance at sessions is authorized for
22		periods of time after the last day in May of each calendar
23		year, except (i) if the General Assembly is convened in
24		special session by either the Governor or the presiding
25		officers of both houses, as provided by subsection (b) of
26		Section 5 of Article IV of the Illinois Constitution or (ii) if

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1		the General Assembly is convened to consider bills vetoed,
2		item vetoed, reduced, or returned with specific
3		recommendations for change by the Governor as provided in
4		Section 9 of Article IV of the Illinois Constitution. For
5		fiscal year 2011 and for session days in fiscal years 2012,
6		2013, 2014, 2015, 2016, 2017, 2018, and 2019 only (i) the
7		allowance for lodging and meals is $111 per day and (ii)
8		mileage for automobile travel shall be reimbursed at a rate of
9		$0.39 per mile.
10		Notwithstanding any other provision of law to the
11		contrary, beginning in fiscal year 2012, travel reimbursement
12		for General Assembly members on non-session days shall be
13		calculated using the guidelines set forth by the Legislative
14		Travel Control Board, except that fiscal year 2012, 2013,
15		2014, 2015, 2016, 2017, 2018, and 2019 mileage reimbursement
16		is set at a rate of $0.39 per mile.
17		If a member dies having received only a portion of the
18		amount payable as compensation, the unpaid balance shall be
19		paid to the surviving spouse of such member, or, if there be
20		none, to the estate of such member.
21		(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21;
22		102-664, eff. 1-1-22.)
23		ARTICLE 40
24		Section 40-5. The Legislative Materials Act is amended by

SB1720 Enrolled - 172 - LRB102 15815 RJF 21183 b
1		changing Section 1 as follows:
2		(25 ILCS 105/1) (from Ch. 63, par. 801)
3		Sec. 1. Fees.
4		(a) The Clerk of the House of Representatives may
5		establish a schedule of reasonable fees to be charged for
6		providing copies of daily and bound journals, committee
7		documents, committee tape recordings, transcripts of committee
8		proceedings, and committee notices, for providing copies of
9		bills on a continuing or individual basis, and for providing
10		tape recordings and transcripts of floor debates and other
11		proceedings of the House.
12		(b) The Secretary of the Senate may establish a schedule
13		of reasonable fees to be charged for providing copies of daily
14		and bound journals, committee notices, for providing copies of
15		bills on a continuing or individual basis, and for providing
16		tape recordings and transcripts of floor debates and other
17		proceedings of the Senate.
18		(c) The Clerk of the House of Representatives and the
19		Secretary of the Senate may establish a schedule of reasonable
20		fees to be charged for providing live audio of floor debates
21		and other proceedings of the House of Representatives and the
22		Senate. The Clerk and the Secretary shall have complete
23		discretion over the distribution of live audio under this
24		subsection (c), including discretion over the conditions under
25		which live audio shall be distributed, except that live audio

SB1720 Enrolled - 173 - LRB102 15815 RJF 21183 b
1		shall be distributed to the General Assembly and its staffs.
2		Nothing in this subsection (c) shall be construed to create an
3		obligation on the part of the Clerk or Secretary to provide
4		live audio to any person or entity other than to the General
5		Assembly and its staffs.
6		(c-5) The Clerk of the House of Representatives, to the
7		extent authorized by the House Rules, and the Secretary of the
8		Senate, to the extent authorized by the Rules of the Senate,
9		may establish a schedule of reasonable fees to be charged to
10		members for the preparation, filing, and reproduction of
11		non-substantive resolutions.
12		(c-10) Through December 31, 2010, the Clerk of the House
13		of Representatives may sell to a member of the House of
14		Representatives one or more of the chairs that comprise member
15		seating in the House chamber. The Clerk must charge the
16		original cost of the chairs.
17		(c-15) Through December 31, 2010, the Secretary of the
18		Senate may sell to a member of the Senate one or more of the
19		chairs that comprise member seating in the Senate chamber. The
20		Secretary must charge the original cost of the chairs.
21		(d) Receipts from all fees and charges established under
22		this Section shall be deposited by the Clerk and the Secretary
23		into the General Assembly Operations Revolving Fund, a special
24		fund in the State treasury. Amounts in the Fund may be
25		appropriated for the operations of the offices of the Clerk of
26		the House of Representatives and the Secretary of the Senate,

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1		including the replacement of items sold under subsections
2		(c-10) and (c-15).
3		(Source: P.A. 95-21, eff. 8-3-07.)
4		ARTICLE 99
5		Section 99-997. Severability. The provisions of this Act
6		are severable under Section 1.31 of the Statute on Statutes.
7		Section 99-999. Effective date. This Act takes effect upon
8		becoming law, except that Section 5-27 takes effect upon
9		becoming law or on the date House Bill 4285 of the 102nd
10		General Assembly takes effect, whichever is later and Section
11		5-36 takes effect July 1, 2024.