HB4959 Enrolled LRB103 36303 SPS 66401 b
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		Fiscal Year 2025 Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		changes in State programs that are necessary to implement the
9		State budget for Fiscal Year 2025.
10		Article 2.
11		Section 2-1. Short title. This Act may be cited as the
12		Pretrial Success Act. References in this Article to "this Act"
13		mean this Article.
14		Section 2-5. Intent; purposes. This Act creates a
15		comprehensive approach to ensuring pretrial success, justice,
16		and individual and communal well-being. The Act minimizes the
17		number of people detained pretrial by ensuring access to
18		community-based pretrial supports and services.

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1		Section 2-10. Definitions. As used in this Act:
2		"Case management" means assessment, planning,
3		coordination, and advocacy services for individuals who need
4		multiple services and require assistance in gaining access to
5		and in using behavioral health, physical health, social,
6		vocational, educational, housing, public income entitlements
7		and other community services to assist the individual in the
8		community. "Case management" may also include identifying and
9		investigating available resources, explaining options to the
10		individual, and linking the individual with necessary
11		resources.
12		"Community-based pretrial supports and services" means
13		voluntary services provided in the community to an individual
14		charged with a criminal offense who has been granted pretrial
15		release. Community-based pretrial supports and services shall
16		be trauma-informed, culturally competent, and designed and
17		delivered according to best practice standards to maximize
18		pretrial success.
19		"Court stakeholders" means Judges, State's Attorneys,
20		defense attorneys including Public Defenders, Sheriffs, police
21		departments, and any other individuals, agencies, or offices
22		or their employees involved in pretrial criminal court
23		proceedings.
24		"Department" means the Department of Human Services.
25		"Detoxification" means the process of withdrawing a person
26		from a specific psychoactive substance in a safe and effective

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1		manner.
2		"Eligible participant" means an Illinois resident charged
3		with a criminal offense who has been granted pretrial release.
4		"Medication assisted treatment" means the prescription of
5		medications that are approved by the U.S. Food and Drug
6		Administration and the Center for Substance Abuse Treatment to
7		assist with treatment for a substance use disorder and to
8		support recovery for individuals receiving services in a
9		facility licensed by the Department. Medication assisted
10		treatment includes opioid treatment services as authorized by
11		a Department license.
12		"Pretrial success" means ensuring court appearances and
13		reducing subsequent involvement with the criminal-legal
14		system.
15		"Service area" means a judicial circuit or group of
16		judicial circuits.
17		Section 2-15. Findings. The General Assembly finds that:
18		(1) The Pretrial Fairness Act defines when an arrested
19		person can be denied pretrial release and prohibits the
20		imposition of financial conditions for release by
21		abolishing money bond. This prevents the pretrial
22		detention of many arrested individuals with mental health
23		or substance use disorders or others who could benefit
24		from community-based supports and services.
25		(2) Because people awaiting trial are legally presumed

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1		innocent, the Illinois Supreme Court Commission on
2		Pretrial Practices recommends, consistent with national
3		best practices, that "conditions and supervision shall not
4		mandate rehabilitative services (substance abuse, mental
5		health, partner abuse intervention programs, etc.) unless
6		the court finds them to be a risk factor directly related
7		to further criminal behavior and failure to appear at
8		court hearings. The inability to pay for such
9		court-ordered services shall not interfere with release."
10		(3) Research shows that mental health and substance
11		use disorder services, including treatment, are generally
12		most effective when participation is voluntary and access
13		is assured.
14		(4) Communities throughout Illinois have significant
15		gaps in the availability of mental health and substance
16		use disorder services and other community-based pretrial
17		supports and services.
18		(5) If services are available, navigating complicated
19		systems can be a barrier to access and success. Services
20		are most effective if they are coordinated with but not
21		duplicative of other programs such as those funded under
22		the Reimagine Public Safety Act.
23		(6) Community-based pretrial supports and services are
24		most effective when delivered by organizations trusted
25		within the community and developed with the input of
26		community members, including those directly impacted by

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1		the criminal-legal system.
2		Section 2-20. Grant making authority.
3		(a) The Department of Human Services shall have
4		grant-making, operational, and procurement authority to
5		distribute funds to local government health and human services
6		agencies, community-based organizations, and other entities
7		necessary to execute the functions established in this Act.
8		(b) Subject to appropriation, the Department shall issue
9		grants to local governmental agencies and community-based
10		organizations to maximize pretrial success each year. Grants
11		shall be awarded no later than January 1, 2025. Grants in
12		subsequent years shall be issued on or before September 1 of
13		the relevant fiscal year and shall allow for pre-award
14		expenditures beginning July 1 of the relevant fiscal year.
15		(c) Beginning in fiscal year 2028 and subject to
16		appropriation, grants shall be awarded for a project period of
17		3 years, contingent on Department requirements for reporting
18		and successful performance.
19		(d) The Department shall ensure that grants awarded under
20		this Act do not duplicate or supplant grants awarded under the
21		Reimagine Public Safety Act.
22		Section 2-25. Community-based pretrial supports and
23		services.
24		(a) Subject to appropriation, the Department shall make

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1		grants to organizations for community-based pretrial supports
2		and services.
3		(b) The Department shall issue grants to at least one
4		organization in each of the service areas and no more than 3
5		organizations in each of the service areas with the exception
6		of service areas with a population exceeding 2,000,000. The
7		Department shall issue grants to at least one organization and
8		no more than 10 organizations in service areas with a
9		population exceeding 2,000,000. In fiscal year 2025, each
10		grant shall be for no less than $100,000 and no more than
11		$300,000. In subsequent years, each grant shall be for no less
12		than $100,000 and no more than $500,000 per organization. An
13		organization may receive grants in more than one service area.
14		(c) Organizations receiving grants under this Act shall
15		coordinate services with other organizations and court
16		stakeholders in their service area. Organizations receiving
17		grants under this Act shall coordinate services with the
18		Office of Statewide Pretrial Services to the extent that it
19		operates in their service area.
20		(d) Organizations receiving grants under this Act shall
21		establish eligibility criteria for services. Organizations
22		receiving grants under this Act shall be required to accept
23		referrals of eligible participants from court stakeholders.
24		Organizations receiving grants under this Act may accept
25		referrals of eligible participants from other sources
26		including self-referrals.

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1		(e) An eligible participant shall not be ordered to
2		receive services funded by a grant under this Act unless the
3		person has undergone a validated clinical assessment and the
4		clinical treatment plan includes such services. "Validated
5		clinical assessment" and "clinical treatment plan" have the
6		meanings ascribed to them in Section 10 of the Drug Court
7		Treatment Act.
8		(f) Organizations receiving grants under this Act shall
9		provide the following services directly or through subgrants
10		to other organizations:
11		(1) case management for mental health and substance
12		use disorders;
13		(2) detoxification or referral to detoxification when
14		clinically indicated and available in the community;
15		(3) medication assisted treatment or referral to
16		medication assisted treatment when clinically indicated
17		and available in the community;
18		(4) child care to remove barriers to court
19		appearances; and
20		(5) transportation to court appearances if not
21		available through the Office of Statewide Pretrial
22		Services or other court stakeholders.
23		(g) Organizations receiving grants under this Act may
24		provide the following services directly or through subgrants
25		to other organizations:
26		(1) Behavioral health services, including harm

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1		reduction services, clinical interventions, crisis
2		interventions, and group counseling supports, such as peer
3		support groups, social-emotional learning supports,
4		including skill building for anger management,
5		de-escalation, sensory stabilization, coping strategies,
6		and thoughtful decision-making, short-term clinical
7		individual sessions, and motivational interviewing.
8		(2) Other services necessary to promote pretrial
9		success, as determined by the organization and approved by
10		the Department.
11		(h) Organizations receiving grants under this Act shall
12		ensure that services are accessible to individuals with
13		disabilities and to individuals with limited English
14		proficiency. Organizations receiving grants under this Act
15		shall not deny services to individuals on the basis of
16		immigration status or gender identity.
17		(i) No statement or other disclosure, written or
18		otherwise, made by an eligible participant to an employee of
19		an organization receiving a grant under this Act may be used by
20		the prosecution to prove any crime or offense alleged in the
21		pending case.
22		(j) The Department shall encourage organizations receiving
23		grants under this Act to employ individuals with personal
24		experience with being charged with a felony offense. No later
25		than when grants are first issued under this Act, the
26		Department shall create and execute a Background Check Waiver

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1		Process, limiting the disqualifying offenses, for employees
2		who provide services under this Act.
3		(k) Organizations receiving funds under this Act may
4		utilize up to 5% of awarded grant funds to raise awareness of
5		community-based pretrial supports and services.
6		Section 2-30. Service areas.
7		(a) Each judicial circuit with a population of at least
8		500,000 constitutes a service area. Each judicial circuit with
9		a population of less than 500,000 shall be combined with at
10		least one other geographically contiguous judicial circuit to
11		constitute a service area with a population of at least
12		500,000.
13		(b) Resources for each service area shall be distributed
14		based on maximizing the total potential pretrial success.
15		Subject to appropriation, the minimum total annual grant
16		amount awarded in each service area shall be $300,000. In
17		determining the distribution of resources to service areas,
18		the Department shall consider the following factors:
19		(1) service area population and poverty level;
20		(2) the geographic size of a service area;
21		(3) the average number of people charged with felony
22		offenses each year;
23		(4) the number of people incarcerated in the past
24		because of their inability to afford payment of money
25		bond; and

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1		(5) level of Office of Statewide Pretrial Services
2		programming in the counties in the service area.
3		(c) In fiscal year 2025, the Department shall award grants
4		in one service area in each Department region. In subsequent
5		years, the Department shall award grants in all service areas,
6		subject to appropriation.
7		Section 2-35. Local advisory councils.
8		(a) Subject to appropriation, and no later than July 1,
9		2025, the Department shall create local advisory councils for
10		each of the service areas for the purpose of obtaining
11		recommendations on how to distribute funds in these areas to
12		maximize pretrial success. Local advisory councils shall
13		consist of no fewer than 5 members. At least 40% of members
14		shall have personal experience with being charged with a
15		felony offense in Illinois. At least 20% of members shall have
16		personal experience with a family member being charged with a
17		felony offense in Illinois. Members of the local advisory
18		councils shall serve without compensation except those
19		designated as individuals with personal experience may receive
20		stipends as compensation for their time.
21		(b) The Department shall provide data to each local
22		advisory council on the characteristics of the service area
23		and the availability of community-based pretrial supports and
24		services. The Department shall also provide best available
25		evidence on how to maximize pretrial success.

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1		(c) Each local advisory council shall make recommendations
2		on how to allocate distributed resources and desired goals for
3		its service area based on information provided to them by the
4		Department.
5		(d) Beginning in fiscal year 2026, the Department shall
6		consider the recommendations and determine how to distribute
7		funds through grants to community-based organizations and
8		local governments. To the extent the Department does not
9		follow a local advisory council's recommendation on allocation
10		of funds, the Department shall explain in writing why a
11		different allocation of resources is more likely to maximize
12		pretrial success in the service area.
13		Section 2-40. Medicaid services.
14		(a) Funds awarded under this Act may be used for
15		behavioral health services until July 1, 2027.
16		(b) Any organization being reimbursed from funds awarded
17		under this Act for behavioral health services must also file a
18		plan to become Medicaid certified for behavioral health
19		services under the Illinois Medicaid program on or before July
20		1, 2027.
21		Section 2-45. Evaluation.
22		(a) The Department shall issue a report to the General
23		Assembly no later than January 1 of each year beginning at
24		least 12 months after grants are first issued under this Act.

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1		The report shall cover the previous fiscal year and identify
2		gaps in community-based pretrial supports and services in each
3		service area, explain the investments that are being made to
4		maximize pretrial success, and make further recommendations on
5		how to build community-based capacity for community-based
6		pretrial supports and services including mental health and
7		substance use disorder treatment.
8		(b) Beginning with the first report issued at least 24
9		months after grants are first issued under this Act, the
10		annual report shall include an evaluation of the effectiveness
11		of grants under this Act in maximizing pretrial success. The
12		Department shall use community-based participatory research
13		methods and ensure that the evaluation incorporates input from
14		individuals and organizations affected by the Act, including,
15		but not limited to, individuals with personal experience with
16		being charged with a felony offense in Illinois, individuals
17		with personal experience with a family member being charged
18		with a felony offense in Illinois, local government health and
19		human services agencies, community-based organizations, and
20		court stakeholders. The evaluation should be conducted with
21		input from outside expert evaluators when possible.
22		(c) The Department shall consider findings from annual
23		reports and evaluations in developing subsequent years'
24		grantmaking processes, monitoring progress toward local
25		advisory councils' goals, and ensuring equity in the
26		grantmaking process.

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1		Section 2-50. Rulemaking authority. The Department shall
2		adopt rules as are necessary to implement all elements of this
3		Act.
4		Article 3.
5		Section 3-2. The Illinois Administrative Procedure Act is
6		amended by adding Section 5-45.57 as follows:
7		(5 ILCS 100/5-45.57 new)
8		Sec. 5-45.57. Emergency rulemaking; rate increase for
9		direct support personnel and all frontline personnel. To
10		provide for the expeditious and timely implementation of the
11		changes made to Section 74 of the Mental Health and
12		Developmental Disabilities Administrative Act by this
13		amendatory Act of the 103rd General Assembly, emergency rules
14		implementing the changes made to Section 74 of the Mental
15		Health and Developmental Disabilities Administrative Act by
16		this amendatory Act of the 103rd General Assembly may be
17		adopted in accordance with Section 5-45 by the Department of
18		Human Services. The adoption of emergency rules authorized by
19		Section 5-45 and this Section is deemed to be necessary for the
20		public interest, safety, and welfare.
21		This Section is repealed one year after the effective date
22		of this Section.

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1		Section 3-3. The State Employees Group Insurance Act of
2		1971 is amended by changing Section 6.5 as follows:
3		(5 ILCS 375/6.5)
4		Sec. 6.5. Health benefits for TRS benefit recipients and
5		TRS dependent beneficiaries.
6		(a) Purpose. It is the purpose of this amendatory Act of
7		1995 to transfer the administration of the program of health
8		benefits established for benefit recipients and their
9		dependent beneficiaries under Article 16 of the Illinois
10		Pension Code to the Department of Central Management Services.
11		(b) Transition provisions. The Board of Trustees of the
12		Teachers' Retirement System shall continue to administer the
13		health benefit program established under Article 16 of the
14		Illinois Pension Code through December 31, 1995. Beginning
15		January 1, 1996, the Department of Central Management Services
16		shall be responsible for administering a program of health
17		benefits for TRS benefit recipients and TRS dependent
18		beneficiaries under this Section. The Department of Central
19		Management Services and the Teachers' Retirement System shall
20		cooperate in this endeavor and shall coordinate their
21		activities so as to ensure a smooth transition and
22		uninterrupted health benefit coverage.
23		(c) Eligibility. All persons who were enrolled in the
24		Article 16 program at the time of the transfer shall be

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1		eligible to participate in the program established under this
2		Section without any interruption or delay in coverage or
3		limitation as to pre-existing medical conditions. Eligibility
4		to participate shall be determined by the Teachers' Retirement
5		System. Eligibility information shall be communicated to the
6		Department of Central Management Services in a format
7		acceptable to the Department.
8		Eligible TRS benefit recipients may enroll or re-enroll in
9		the program of health benefits established under this Section
10		during any applicable annual open enrollment period and as
11		otherwise permitted by the Department of Central Management
12		Services. A TRS benefit recipient shall not be deemed
13		ineligible to participate solely by reason of the TRS benefit
14		recipient having made a previous election to disenroll or
15		otherwise not participate in the program of health benefits.
16		A TRS dependent beneficiary who is a child age 19 or over
17		and mentally or physically disabled does not become ineligible
18		to participate by reason of (i) becoming ineligible to be
19		claimed as a dependent for Illinois or federal income tax
20		purposes or (ii) receiving earned income, so long as those
21		earnings are insufficient for the child to be fully
22		self-sufficient.
23		(d) Coverage. The level of health benefits provided under
24		this Section shall be similar to the level of benefits
25		provided by the program previously established under Article
26		16 of the Illinois Pension Code. For plan years that begin on

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1		or after January 1, 2025, the health benefit program
2		established under this Section shall include health, dental,
3		and vision benefits.
4		Group life insurance benefits are not included in the
5		benefits to be provided to TRS benefit recipients and TRS
6		dependent beneficiaries under this Act.
7		The program of health benefits under this Section may
8		include any or all of the benefit limitations, including but
9		not limited to a reduction in benefits based on eligibility
10		for federal Medicare benefits, that are provided under
11		subsection (a) of Section 6 of this Act for other health
12		benefit programs under this Act.
13		(e) Insurance rates and premiums. The Director shall
14		determine the insurance rates and premiums for TRS benefit
15		recipients and TRS dependent beneficiaries, and shall present
16		to the Teachers' Retirement System of the State of Illinois,
17		by April 15 of each calendar year, the rate-setting
18		methodology (including but not limited to utilization levels
19		and costs) used to determine the amount of the health care
20		premiums.
21		For Fiscal Year 1996, the premium shall be equal to
22		the premium actually charged in Fiscal Year 1995; in
23		subsequent years, the premium shall never be lower than
24		the premium charged in Fiscal Year 1995.
25		For Fiscal Year 2003, the premium shall not exceed
26		110% of the premium actually charged in Fiscal Year 2002.

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1		For Fiscal Year 2004, the premium shall not exceed
2		112% of the premium actually charged in Fiscal Year 2003.
3		For Fiscal Year 2005, the premium shall not exceed a
4		weighted average of 106.6% of the premium actually charged
5		in Fiscal Year 2004.
6		For Fiscal Year 2006, the premium shall not exceed a
7		weighted average of 109.1% of the premium actually charged
8		in Fiscal Year 2005.
9		For Fiscal Year 2007, the premium shall not exceed a
10		weighted average of 103.9% of the premium actually charged
11		in Fiscal Year 2006.
12		For Fiscal Year 2008 and thereafter, the premium in
13		each fiscal year shall not exceed 105% of the premium
14		actually charged in the previous fiscal year.
15		In addition to the premium amount charged for the program
16		of health benefits, in the initial plan year in which the
17		dental and vision benefits are provided, an additional premium
18		of not more than $7.11 per month for each TRS benefit recipient
19		and $28.43 per month for each TRS dependent beneficiary shall
20		be charged. The additional premium shall be used for the
21		purpose of financing the dental and vision benefits for TRS
22		benefit recipients and TRS dependent beneficiaries on and
23		after the effective date of this amendatory Act of the 103rd
24		General Assembly.
25		Rates and premiums may be based in part on age and
26		eligibility for federal medicare coverage. However, the cost

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1		of participation for a TRS dependent beneficiary who is an
2		unmarried child age 19 or over and mentally or physically
3		disabled shall not exceed the cost for a TRS dependent
4		beneficiary who is an unmarried child under age 19 and
5		participates in the same major medical or managed care
6		program.
7		The cost of health benefits under the program shall be
8		paid as follows:
9		(1) For a TRS benefit recipient selecting a managed
10		care program, up to 75% of the total insurance rate shall
11		be paid from the Teacher Health Insurance Security Fund.
12		Effective with Fiscal Year 2007 and thereafter, for a TRS
13		benefit recipient selecting a managed care program, 75% of
14		the total insurance rate shall be paid from the Teacher
15		Health Insurance Security Fund.
16		(2) For a TRS benefit recipient selecting the major
17		medical coverage program, up to 50% of the total insurance
18		rate shall be paid from the Teacher Health Insurance
19		Security Fund if a managed care program is accessible, as
20		determined by the Teachers' Retirement System. Effective
21		with Fiscal Year 2007 and thereafter, for a TRS benefit
22		recipient selecting the major medical coverage program,
23		50% of the total insurance rate shall be paid from the
24		Teacher Health Insurance Security Fund if a managed care
25		program is accessible, as determined by the Department of
26		Central Management Services.

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1		(3) For a TRS benefit recipient selecting the major
2		medical coverage program, up to 75% of the total insurance
3		rate shall be paid from the Teacher Health Insurance
4		Security Fund if a managed care program is not accessible,
5		as determined by the Teachers' Retirement System.
6		Effective with Fiscal Year 2007 and thereafter, for a TRS
7		benefit recipient selecting the major medical coverage
8		program, 75% of the total insurance rate shall be paid
9		from the Teacher Health Insurance Security Fund if a
10		managed care program is not accessible, as determined by
11		the Department of Central Management Services.
12		(3.1) For a TRS dependent beneficiary who is Medicare
13		primary and enrolled in a managed care plan, or the major
14		medical coverage program if a managed care plan is not
15		available, 25% of the total insurance rate shall be paid
16		from the Teacher Health Security Fund as determined by the
17		Department of Central Management Services. For the purpose
18		of this item (3.1), the term "TRS dependent beneficiary
19		who is Medicare primary" means a TRS dependent beneficiary
20		who is participating in Medicare Parts A and B.
21		(4) Except as otherwise provided in item (3.1), the
22		balance of the rate of insurance, including the entire
23		premium of any coverage for TRS dependent beneficiaries
24		that has been elected, shall be paid by deductions
25		authorized by the TRS benefit recipient to be withheld
26		from his or her monthly annuity or benefit payment from

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1		the Teachers' Retirement System; except that (i) if the
2		balance of the cost of coverage exceeds the amount of the
3		monthly annuity or benefit payment, the difference shall
4		be paid directly to the Teachers' Retirement System by the
5		TRS benefit recipient, and (ii) all or part of the balance
6		of the cost of coverage may, at the school board's option,
7		be paid to the Teachers' Retirement System by the school
8		board of the school district from which the TRS benefit
9		recipient retired, in accordance with Section 10-22.3b of
10		the School Code. The Teachers' Retirement System shall
11		promptly deposit all moneys withheld by or paid to it
12		under this subdivision (e)(4) into the Teacher Health
13		Insurance Security Fund. These moneys shall not be
14		considered assets of the Retirement System.
15		(5) If, for any month beginning on or after January 1,
16		2013, a TRS benefit recipient or TRS dependent beneficiary
17		was enrolled in Medicare Parts A and B and such Medicare
18		coverage was primary to coverage under this Section but
19		payment for coverage under this Section was made at a rate
20		greater than the Medicare primary rate published by the
21		Department of Central Management Services, the TRS benefit
22		recipient or TRS dependent beneficiary shall be eligible
23		for a refund equal to the difference between the amount
24		paid by the TRS benefit recipient or TRS dependent
25		beneficiary and the published Medicare primary rate. To
26		receive a refund pursuant to this subsection, the TRS

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1		benefit recipient or TRS dependent beneficiary must
2		provide documentation to the Department of Central
3		Management Services evidencing the TRS benefit recipient's
4		or TRS dependent beneficiary's Medicare coverage and the
5		amount paid by the TRS benefit recipient or TRS dependent
6		beneficiary during the applicable time period.
7		(f) Financing. Beginning July 1, 1995, all revenues
8		arising from the administration of the health benefit programs
9		established under Article 16 of the Illinois Pension Code or
10		this Section shall be deposited into the Teacher Health
11		Insurance Security Fund, which is hereby created as a
12		nonappropriated trust fund to be held outside the State
13		Treasury, with the State Treasurer as custodian. Any interest
14		earned on moneys in the Teacher Health Insurance Security Fund
15		shall be deposited into the Fund.
16		Moneys in the Teacher Health Insurance Security Fund shall
17		be used only to pay the costs of the health benefit program
18		established under this Section, including associated
19		administrative costs, and the costs associated with the health
20		benefit program established under Article 16 of the Illinois
21		Pension Code, as authorized in this Section. Beginning July 1,
22		1995, the Department of Central Management Services may make
23		expenditures from the Teacher Health Insurance Security Fund
24		for those costs.
25		After other funds authorized for the payment of the costs
26		of the health benefit program established under Article 16 of

HB4959 Enrolled - 22 - LRB103 36303 SPS 66401 b
1		the Illinois Pension Code are exhausted and until January 1,
2		1996 (or such later date as may be agreed upon by the Director
3		of Central Management Services and the Secretary of the
4		Teachers' Retirement System), the Secretary of the Teachers'
5		Retirement System may make expenditures from the Teacher
6		Health Insurance Security Fund as necessary to pay up to 75% of
7		the cost of providing health coverage to eligible benefit
8		recipients (as defined in Sections 16-153.1 and 16-153.3 of
9		the Illinois Pension Code) who are enrolled in the Article 16
10		health benefit program and to facilitate the transfer of
11		administration of the health benefit program to the Department
12		of Central Management Services.
13		The Department of Central Management Services, or any
14		successor agency designated to procure healthcare contracts
15		pursuant to this Act, is authorized to establish funds,
16		separate accounts provided by any bank or banks as defined by
17		the Illinois Banking Act, or separate accounts provided by any
18		savings and loan association or associations as defined by the
19		Illinois Savings and Loan Act of 1985 to be held by the
20		Director, outside the State treasury, for the purpose of
21		receiving the transfer of moneys from the Teacher Health
22		Insurance Security Fund. The Department may promulgate rules
23		further defining the methodology for the transfers. Any
24		interest earned by moneys in the funds or accounts shall inure
25		to the Teacher Health Insurance Security Fund. The transferred
26		moneys, and interest accrued thereon, shall be used

HB4959 Enrolled - 23 - LRB103 36303 SPS 66401 b
1		exclusively for transfers to administrative service
2		organizations or their financial institutions for payments of
3		claims to claimants and providers under the self-insurance
4		health plan. The transferred moneys, and interest accrued
5		thereon, shall not be used for any other purpose including,
6		but not limited to, reimbursement of administration fees due
7		the administrative service organization pursuant to its
8		contract or contracts with the Department.
9		(g) Contract for benefits. The Director shall by contract,
10		self-insurance, or otherwise make available the program of
11		health benefits for TRS benefit recipients and their TRS
12		dependent beneficiaries that is provided for in this Section.
13		The contract or other arrangement for the provision of these
14		health benefits shall be on terms deemed by the Director to be
15		in the best interest of the State of Illinois and the TRS
16		benefit recipients based on, but not limited to, such criteria
17		as administrative cost, service capabilities of the carrier or
18		other contractor, and the costs of the benefits.
19		(g-5) Committee. A Teacher Retirement Insurance Program
20		Committee shall be established, to consist of 10 persons
21		appointed by the Governor.
22		The Committee shall convene at least 4 times each year,
23		and shall consider and make recommendations on issues
24		affecting the program of health benefits provided under this
25		Section. Recommendations of the Committee shall be based on a
26		consensus of the members of the Committee.

HB4959 Enrolled - 24 - LRB103 36303 SPS 66401 b
1		If the Teacher Health Insurance Security Fund experiences
2		a deficit balance based upon the contribution and subsidy
3		rates established in this Section and Section 6.6 for Fiscal
4		Year 2008 or thereafter, the Committee shall make
5		recommendations for adjustments to the funding sources
6		established under these Sections.
7		In addition, the Committee shall identify proposed
8		solutions to the funding shortfalls that are affecting the
9		Teacher Health Insurance Security Fund, and it shall report
10		those solutions to the Governor and the General Assembly
11		within 6 months after August 15, 2011 (the effective date of
12		Public Act 97-386).
13		(h) Continuation of program. It is the intention of the
14		General Assembly that the program of health benefits provided
15		under this Section be maintained on an ongoing, affordable
16		basis.
17		The program of health benefits provided under this Section
18		may be amended by the State and is not intended to be a pension
19		or retirement benefit subject to protection under Article
20		XIII, Section 5 of the Illinois Constitution.
21		(i) Repeal. (Blank).
22		(Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.)
23		Section 3-4. The Attorney General Act is amended by
24		changing Section 4a as follows:

HB4959 Enrolled - 25 - LRB103 36303 SPS 66401 b
1		(15 ILCS 205/4a) (from Ch. 14, par. 4a)
2		Sec. 4a. Attorneys and investigators appointed by the
3		attorney general, and on his payroll, when authorized by the
4		attorney general or his designee, may expend such sums as the
5		attorney general or his designee deems necessary for any one
6		or more of the following: the purchase of items for evidence; ,
7		the advancement of fees in cases before United States courts
8		or other State courts; , and in the payment of expert witness
9		expenses and witness fees, including expert witness fees; or
10		subpoena fees.
11		Funds for making expenditures authorized in this Section
12		shall be advanced from funds appropriated or made available by
13		law for the support or use of the office of attorney general or
14		vouchers therefor signed by the attorney general or his
15		designee. Sums so advanced may be paid to the attorney or
16		investigator authorized to receive the advancement, or may be
17		made payable to the ultimate recipient. Any expenditures under
18		this Section shall be audited by the auditor general as part of
19		any mandated audit conducted in compliance with Section 3-2 of
20		the Illinois State Auditing Act.
21		(Source: P.A. 95-331, eff. 8-21-07.)
22		Section 3-6. The Substance Use Disorder Act is amended by
23		adding Section 5-30 as follows:
24		(20 ILCS 301/5-30 new)

HB4959 Enrolled - 26 - LRB103 36303 SPS 66401 b
1		Sec. 5-30. Substance Use Disorder Treatment Locator.
2		Subject to appropriation, the Department of Human Services
3		shall issue a request for proposal to establish a supplemental
4		substance use disorder treatment locator that can compare and
5		assess addiction treatment facilities to identify high-quality
6		providers and provide a publicly available search function for
7		patients, health care providers, and first responders to find
8		substance use disorder providers. The supplemental treatment
9		locator shall integrate with the Illinois Helpline and provide
10		annual surveys on both providers and patient experiences that
11		aid in identifying high-quality providers to better aid
12		decision making for patients, health care providers, and first
13		responders to find substance use disorder treatment.
14		Section 3-7. The Children and Family Services Act is
15		amended by changing Sections 4a and 17a-4 as follows:
16		(20 ILCS 505/4a) (from Ch. 23, par. 5004a)
17		Sec. 4a. (a) To administer child abuse prevention shelters
18		and service programs for abused and neglected children, or
19		provide for their administration by not-for-profit
20		corporations, community-based organizations or units of local
21		government.
22		The Department is hereby designated the single State
23		agency for planning and coordination of child abuse and
24		neglect prevention programs and services. On or before the

HB4959 Enrolled - 27 - LRB103 36303 SPS 66401 b
1		first Friday in October of each year, the Department shall
2		submit to the Governor and the General Assembly a State
3		comprehensive child abuse and neglect prevention plan. The
4		plan shall: identify priorities, goals and objectives;
5		identify the resources necessary to implement the plan,
6		including estimates of resources needed to investigate or
7		otherwise process reports of suspected child abuse or neglect
8		and to provide necessary follow-up services for child
9		protection, family preservation and family reunification in
10		"indicated" cases as determined under the Abused and Neglected
11		Child Reporting Act; make proposals for the most effective use
12		of existing resources to implement the plan, including
13		recommendations for the optimum use of private, local public,
14		State and federal resources; and propose strategies for the
15		development of additional resources to meet the goal of
16		reducing the incidence of child abuse and neglect and reducing
17		the number of reports of suspected child abuse and neglect
18		made to the Department.
19		(b) The administration of child abuse prevention, shelters
20		and service programs under subsection (a) shall be funded in
21		part by appropriations made from the Child Abuse Prevention
22		Fund, which is hereby created in the State Treasury, and in
23		part by appropriations from the General Revenue Fund. All
24		interest earned on monies in the Child Abuse Prevention Fund
25		shall remain in such fund. The Department and the State
26		Treasurer may accept funds as provided by Sections 507 and 508

HB4959 Enrolled - 28 - LRB103 36303 SPS 66401 b
1		of the Illinois Income Tax Act and unsolicited private
2		donations for deposit into the Child Abuse Prevention Fund.
3		Annual requests for appropriations for the purpose of
4		providing child abuse and neglect prevention programs and
5		services under this Section shall be made in separate and
6		distinct line-items. In setting priorities for the direction
7		and scope of such programs, the Director shall be advised by
8		the State-wide Citizen's Committee on Child Abuse and Neglect.
9		(c) (Blank). Where the Department contracts with outside
10		agencies to operate the shelters or programs, such outside
11		agencies may receive funding from the Department, except that
12		the shelters must certify a 20% financial match for operating
13		expenses of their programs. In selecting the outside agencies
14		to administer child shelters and service programs, and in
15		allocating funds for such agencies, the Department shall give
16		priority to new and existing shelters or programs offering the
17		broadest range of services to the community served.
18		(d) The Department shall have the power to make grants of
19		monies to fund comprehensive community-based services to
20		reduce the incidence of family dysfunction typified by child
21		abuse and neglect; to diminish those factors found to increase
22		family dysfunction; and to measure the effectiveness and costs
23		of such services.
24		(e) For implementing such intergovernmental cooperation
25		and involvement, units of local government and public and
26		private agencies may apply for and receive federal or State

HB4959 Enrolled - 29 - LRB103 36303 SPS 66401 b
1		funds from the Department under this Act or seek and receive
2		gifts from local philanthropic or other private local sources
3		in order to augment any State funds appropriated for the
4		purposes of this Act.
5		(e-5) The Department may establish and maintain locally
6		held funds to be individually known as the Youth in Care
7		Support Fund. Moneys in these funds shall be used for
8		purchases for the immediate needs of youth in care or for the
9		immediate support needs of youth, families, and caregivers
10		served by the Department. Moneys paid into funds shall be from
11		appropriations made to the DCFS Children's Services Fund.
12		Funds remaining in any Youth in Care Support Fund must be
13		returned to the DCFS Children's Services Fund upon
14		dissolution. Any warrant for payment to a vendor for the same
15		product or service for a youth in care shall be payable to the
16		Department to reimburse the immediate payment from the Youth
17		in Care Support Fund.
18		(f) For the purposes of this Section:
19		(1) The terms "abused child" and "neglected child"
20		have meanings ascribed to them in Section 3 of the Abused
21		and Neglected Child Reporting Act.
22		(2) "Shelter" has the meaning ascribed to it in
23		Section 1-3 of the Juvenile Court Act of 1987.
24		(Source: P.A. 103-259, eff. 1-1-24.)
25		(20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)

HB4959 Enrolled - 30 - LRB103 36303 SPS 66401 b
1		Sec. 17a-4. Grants for community-based youth services;
2		Department of Human Services.
3		(a) The Department of Human Services shall make grants for
4		the purpose of planning, establishing, operating, coordinating
5		and evaluating programs aimed at reducing or eliminating the
6		involvement of youth in the child welfare or juvenile justice
7		systems. The programs shall include those providing for more
8		comprehensive and integrated community-based youth services
9		including Unified Delinquency Intervention Services programs
10		and for community services programs. The Department may
11		authorize advance disbursement of funds for such youth
12		services programs. When the appropriation for "comprehensive
13		community-based service to youth" is equal to or exceeds
14		$5,000,000, the Department shall allocate the total amount of
15		such appropriated funds in the following manner:
16		(1) no more than 20% of the grant funds appropriated
17		shall be awarded by the Department for new program
18		development and innovation;
19		(2) not less than 80% of grant funds appropriated
20		shall be allocated to community-based youth services
21		programs based upon population of youth under 18 years of
22		age and other demographic variables defined by the
23		Department of Human Services by rule, which may include
24		weighting for service priorities relating to special needs
25		identified in the annual plans of the regional youth
26		planning committees established under this Act; and

HB4959 Enrolled - 31 - LRB103 36303 SPS 66401 b
1		(3) if any amount so allocated under paragraph (2) of
2		this subsection (a) remains unobligated such funds shall
3		be reallocated in a manner equitable and consistent with
4		the purpose of paragraph (2) of this subsection (a). ; and
5		(4) the local boards or local service systems shall
6		certify prior to receipt of grant funds from the
7		Department of Human Services that a 10% local public or
8		private financial or in-kind commitment is allocated to
9		supplement the State grant.
10		(b) Notwithstanding any provision in this Act or rules
11		promulgated under this Act to the contrary, unless expressly
12		prohibited by federal law or regulation, all individuals,
13		corporations, or other entities that provide medical or mental
14		health services, whether organized as for-profit or
15		not-for-profit entities, shall be eligible for consideration
16		by the Department of Human Services to participate in any
17		program funded or administered by the Department. This
18		subsection shall not apply to the receipt of federal funds
19		administered and transferred by the Department for services
20		when the federal government has specifically provided that
21		those funds may be received only by those entities organized
22		as not-for-profit entities.
23		(Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
24		90-655, eff. 7-30-98.)
25		Section 3-8. The Department of Commerce and Economic

HB4959 Enrolled - 32 - LRB103 36303 SPS 66401 b
1		Opportunity Law of the Civil Administrative Code of Illinois
2		is amended by changing Section 605-705 as follows:
3		(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
4		Sec. 605-705. Grants to local tourism and convention
5		bureaus.
6		(a) To establish a grant program for local tourism and
7		convention bureaus. The Department will develop and implement
8		a program for the use of funds, as authorized under this Act,
9		by local tourism and convention bureaus. For the purposes of
10		this Act, bureaus eligible to receive funds are those local
11		tourism and convention bureaus that are (i) either units of
12		local government or incorporated as not-for-profit
13		organizations; (ii) in legal existence for a minimum of 2
14		years before July 1, 2001; (iii) operating with a paid,
15		full-time staff whose sole purpose is to promote tourism in
16		the designated service area; and (iv) affiliated with one or
17		more municipalities or counties that support the bureau with
18		local hotel-motel taxes. After July 1, 2001, bureaus
19		requesting certification in order to receive funds for the
20		first time must be local tourism and convention bureaus that
21		are (i) either units of local government or incorporated as
22		not-for-profit organizations; (ii) in legal existence for a
23		minimum of 2 years before the request for certification; (iii)
24		operating with a paid, full-time staff whose sole purpose is
25		to promote tourism in the designated service area; and (iv)

HB4959 Enrolled - 33 - LRB103 36303 SPS 66401 b
1		affiliated with multiple municipalities or counties that
2		support the bureau with local hotel-motel taxes. Each bureau
3		receiving funds under this Act will be certified by the
4		Department as the designated recipient to serve an area of the
5		State. Notwithstanding the criteria set forth in this
6		subsection (a), or any rule adopted under this subsection (a),
7		the Director of the Department may provide for the award of
8		grant funds to one or more entities if in the Department's
9		judgment that action is necessary in order to prevent a loss of
10		funding critical to promoting tourism in a designated
11		geographic area of the State.
12		(b) To distribute grants to local tourism and convention
13		bureaus from appropriations made from the Local Tourism Fund
14		for that purpose. Of the amounts appropriated annually to the
15		Department for expenditure under this Section prior to July 1,
16		2011, one-third of those monies shall be used for grants to
17		convention and tourism bureaus in cities with a population
18		greater than 500,000. The remaining two-thirds of the annual
19		appropriation prior to July 1, 2011 shall be used for grants to
20		convention and tourism bureaus in the remainder of the State,
21		in accordance with a formula based upon the population served.
22		Of the amounts appropriated annually to the Department for
23		expenditure under this Section beginning July 1, 2011, 18% of
24		such moneys shall be used for grants to convention and tourism
25		bureaus in cities with a population greater than 500,000. Of
26		the amounts appropriated annually to the Department for

HB4959 Enrolled - 34 - LRB103 36303 SPS 66401 b
1		expenditure under this Section beginning July 1, 2011, 82% of
2		such moneys shall be used for grants to convention bureaus in
3		the remainder of the State, in accordance with a formula based
4		upon the population served. The Department may reserve up to
5		3% of total local tourism funds available for costs of
6		administering the program to conduct audits of grants, to
7		provide incentive funds to those bureaus that will conduct
8		promotional activities designed to further the Department's
9		statewide advertising campaign, to fund special statewide
10		promotional activities, and to fund promotional activities
11		that support an increased use of the State's parks or historic
12		sites. The Department shall require that any convention and
13		tourism bureau receiving a grant under this Section that
14		requires matching funds shall provide matching funds equal to
15		no less than 50% of the grant amount, except that: (1) in
16		Fiscal Years 2021 through 2024 only, the Department shall
17		require that any convention and tourism bureau receiving a
18		grant under this Section that requires matching funds shall
19		provide matching funds equal to no less than 25% of the grant
20		amount; (2) in Fiscal Year 2025, the Department shall require
21		that any convention and tourism bureau receiving a grant under
22		this Section that requires matching funds shall provide
23		matching funds equal to no less than 30% of the grant amount;
24		and (3) in Fiscal Year 2026, the Department shall require that
25		any convention and tourism bureau receiving a grant under this
26		Section that requires matching funds shall provide matching

HB4959 Enrolled - 35 - LRB103 36303 SPS 66401 b
1		funds equal to no less than 40% of the grant amount. During
2		fiscal year 2013, the Department shall reserve $2,000,000 of
3		the available local tourism funds for appropriation to the
4		Historic Preservation Agency for the operation of the Abraham
5		Lincoln Presidential Library and Museum and State historic
6		sites.
7		To provide for the expeditious and timely implementation
8		of the changes made by Public Act 101-636, emergency rules to
9		implement the changes made by Public Act 101-636 may be
10		adopted by the Department subject to the provisions of Section
11		5-45 of the Illinois Administrative Procedure Act.
12		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
13		103-8, eff. 6-7-23.)
14		Section 3-9. The Mental Health and Developmental
15		Disabilities Administrative Act is amended by changing Section
16		74 as follows:
17		(20 ILCS 1705/74)
18		Sec. 74. Rates and reimbursements.
19		(a) Within 30 days after July 6, 2017 (the effective date
20		of Public Act 100-23), the Department shall increase rates and
21		reimbursements to fund a minimum of a $0.75 per hour wage
22		increase for front-line personnel, including, but not limited
23		to, direct support professionals, aides, front-line
24		supervisors, qualified intellectual disabilities

HB4959 Enrolled - 36 - LRB103 36303 SPS 66401 b
1		professionals, nurses, and non-administrative support staff
2		working in community-based provider organizations serving
3		individuals with developmental disabilities. The Department
4		shall adopt rules, including emergency rules under subsection
5		(y) of Section 5-45 of the Illinois Administrative Procedure
6		Act, to implement the provisions of this Section.
7		(b) Rates and reimbursements. Within 30 days after June 4,
8		2018 (the effective date of Public Act 100-587), the
9		Department shall increase rates and reimbursements to fund a
10		minimum of a $0.50 per hour wage increase for front-line
11		personnel, including, but not limited to, direct support
12		professionals, aides, front-line supervisors, qualified
13		intellectual disabilities professionals, nurses, and
14		non-administrative support staff working in community-based
15		provider organizations serving individuals with developmental
16		disabilities. The Department shall adopt rules, including
17		emergency rules under subsection (bb) of Section 5-45 of the
18		Illinois Administrative Procedure Act, to implement the
19		provisions of this Section.
20		(c) Rates and reimbursements. Within 30 days after June 5,
21		2019 (the effective date of Public Act 101-10), subject to
22		federal approval, the Department shall increase rates and
23		reimbursements in effect on June 30, 2019 for community-based
24		providers for persons with Developmental Disabilities by 3.5%
25		The Department shall adopt rules, including emergency rules
26		under subsection (jj) of Section 5-45 of the Illinois

HB4959 Enrolled - 37 - LRB103 36303 SPS 66401 b
1		Administrative Procedure Act, to implement the provisions of
2		this Section, including wage increases for direct care staff.
3		(d) For community-based providers serving persons with
4		intellectual/developmental disabilities, subject to federal
5		approval of any relevant Waiver Amendment, the rates taking
6		effect for services delivered on or after January 1, 2022,
7		shall include an increase in the rate methodology sufficient
8		to provide a $1.50 per hour wage increase for direct support
9		professionals in residential settings and sufficient to
10		provide wages for all residential non-executive direct care
11		staff, excluding direct support professionals, at the federal
12		Department of Labor, Bureau of Labor Statistics' average wage
13		as defined in rule by the Department.
14		The establishment of and any changes to the rate
15		methodologies for community-based services provided to persons
16		with intellectual/developmental disabilities are subject to
17		federal approval of any relevant Waiver Amendment and shall be
18		defined in rule by the Department. The Department shall adopt
19		rules, including emergency rules as authorized by Section 5-45
20		of the Illinois Administrative Procedure Act, to implement the
21		provisions of this subsection (d).
22		(e) For community-based providers serving persons with
23		intellectual/developmental disabilities, subject to federal
24		approval of any relevant Waiver Amendment, the rates taking
25		effect for services delivered on or after January 1, 2023,
26		shall include an increase in the rate methodology sufficient

HB4959 Enrolled - 38 - LRB103 36303 SPS 66401 b
1		to provide a $1.00 per hour wage increase for all direct
2		support professionals and all other frontline personnel who
3		are not subject to the Bureau of Labor Statistics' average
4		wage increases, who work in residential and community day
5		services settings, with at least $0.50 of those funds to be
6		provided as a direct increase to base wages, with the
7		remaining $0.50 to be used flexibly for base wage increases.
8		In addition, the rates taking effect for services delivered on
9		or after January 1, 2023 shall include an increase sufficient
10		to provide wages for all residential non-executive direct care
11		staff, excluding direct support professionals, at the federal
12		Department of Labor, Bureau of Labor Statistics' average wage
13		as defined in rule by the Department.
14		The establishment of and any changes to the rate
15		methodologies for community-based services provided to persons
16		with intellectual/developmental disabilities are subject to
17		federal approval of any relevant Waiver Amendment and shall be
18		defined in rule by the Department. The Department shall adopt
19		rules, including emergency rules as authorized by Section 5-45
20		of the Illinois Administrative Procedure Act, to implement the
21		provisions of this subsection.
22		(f) For community-based providers serving persons with
23		intellectual/developmental disabilities, subject to federal
24		approval of any relevant Waiver Amendment, the rates taking
25		effect for services delivered on or after January 1, 2024
26		shall include an increase in the rate methodology sufficient

HB4959 Enrolled - 39 - LRB103 36303 SPS 66401 b
1		to provide a $2.50 per hour wage increase for all direct
2		support professionals and all other frontline personnel who
3		are not subject to the Bureau of Labor Statistics' average
4		wage increases and who work in residential and community day
5		services settings. At least $1.25 of the per hour wage
6		increase shall be provided as a direct increase to base wages,
7		and the remaining $1.25 of the per hour wage increase shall be
8		used flexibly for base wage increases. In addition, the rates
9		taking effect for services delivered on or after January 1,
10		2024 shall include an increase sufficient to provide wages for
11		all residential non-executive direct care staff, excluding
12		direct support professionals, at the federal Department of
13		Labor, Bureau of Labor Statistics' average wage as defined in
14		rule by the Department.
15		The establishment of and any changes to the rate
16		methodologies for community-based services provided to persons
17		with intellectual/developmental disabilities are subject to
18		federal approval of any relevant Waiver Amendment and shall be
19		defined in rule by the Department. The Department shall adopt
20		rules, including emergency rules as authorized by Section 5-45
21		of the Illinois Administrative Procedure Act, to implement the
22		provisions of this subsection.
23		(g) For community-based providers serving persons with
24		intellectual or developmental disabilities, subject to federal
25		approval of any relevant Waiver Amendment, the rates taking
26		effect for services delivered on or after January 1, 2025

HB4959 Enrolled - 40 - LRB103 36303 SPS 66401 b
1		shall include an increase in the rate methodology sufficient
2		to provide a $1 per hour wage rate increase for all direct
3		support personnel and all other frontline personnel who are
4		not subject to the Bureau of Labor Statistics' average wage
5		increases and who work in residential and community day
6		services settings, with at least $0.75 of those funds to be
7		provided as a direct increase to base wages and the remaining
8		$0.25 to be used flexibly for base wage increases. These
9		increases shall not be used by community-based providers for
10		operational or administrative expenses. In addition, the rates
11		taking effect for services delivered on or after January 1,
12		2025 shall include an increase sufficient to provide wages for
13		all residential non-executive direct care staff, excluding
14		direct support personnel, at the federal Department of Labor,
15		Bureau of Labor Statistics' average wage as defined by rule by
16		the Department. For services delivered on or after January 1,
17		2025, the rates shall include adjustments to
18		employment-related expenses as defined by rule by the
19		Department.
20		The establishment of and any changes to the rate
21		methodologies for community-based services provided to persons
22		with intellectual or developmental disabilities are subject to
23		federal approval of any relevant Waiver Amendment and shall be
24		defined in rule by the Department. The Department shall adopt
25		rules, including emergency rules as authorized by Section 5-45
26		of the Illinois Administrative Procedure Act, to implement the

HB4959 Enrolled - 41 - LRB103 36303 SPS 66401 b
1		provisions of this subsection.
2		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
3		102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
4		6-30-23.)
5		Section 3-10. The Governor's Office of Management and
6		Budget Act is amended by adding Section 7.4 as follows:
7		(20 ILCS 3005/7.4 new)
8		Sec. 7.4. Monthly revenues reporting. No later than the
9		15th day following the end of each month, the Office shall
10		prepare and publish a written report including, at a minimum,
11		the following information:
12		(1) year-to-date general funds revenues as compared to
13		anticipated revenues;
14		(2) year-to-date general funds expenditures as
15		compared to the then current fiscal year budget as
16		enacted; and
17		(3) any transfers between budget lines pursuant to
18		Section 13.2 of the State Finance Act exceeding 2%.
19		Section 3-11. The Illinois Emergency Management Agency Act
20		is amended by changing Section 5 as follows:
21		(20 ILCS 3305/5) (from Ch. 127, par. 1055)
22		Sec. 5. Illinois Emergency Management Agency.

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1		(a) There is created within the executive branch of the
2		State Government an Illinois Emergency Management Agency and a
3		Director of the Illinois Emergency Management Agency, herein
4		called the "Director" who shall be the head thereof. The
5		Director shall be appointed by the Governor, with the advice
6		and consent of the Senate, and shall serve for a term of 2
7		years beginning on the third Monday in January of the
8		odd-numbered year, and until a successor is appointed and has
9		qualified; except that the term of the first Director
10		appointed under this Act shall expire on the third Monday in
11		January, 1989. The Director shall not hold any other
12		remunerative public office. For terms beginning after January
13		18, 2019 (the effective date of Public Act 100-1179) and
14		before January 16, 2023, the annual salary of the Director
15		shall be as provided in Section 5-300 of the Civil
16		Administrative Code of Illinois. Notwithstanding any other
17		provision of law, for terms beginning on or after January 16,
18		2023, the Director shall receive an annual salary of $180,000
19		or as set by the Governor, whichever is higher. On July 1,
20		2023, and on each July 1 thereafter, the Director shall
21		receive an increase in salary based on a cost of living
22		adjustment as authorized by Senate Joint Resolution 192 of the
23		86th General Assembly.
24		For terms beginning on or after January 16, 2023, the
25		Assistant Director of the Illinois Emergency Management Agency
26		shall receive an annual salary of $156,600 or as set by the

HB4959 Enrolled - 43 - LRB103 36303 SPS 66401 b
1		Governor, whichever is higher. On July 1, 2023, and on each
2		July 1 thereafter, the Assistant Director shall receive an
3		increase in salary based on a cost of living adjustment as
4		authorized by Senate Joint Resolution 192 of the 86th General
5		Assembly.
6		(b) The Illinois Emergency Management Agency shall obtain,
7		under the provisions of the Personnel Code, technical,
8		clerical, stenographic and other administrative personnel, and
9		may make expenditures within the appropriation therefor as may
10		be necessary to carry out the purpose of this Act. The agency
11		created by this Act is intended to be a successor to the agency
12		created under the Illinois Emergency Services and Disaster
13		Agency Act of 1975 and the personnel, equipment, records, and
14		appropriations of that agency are transferred to the successor
15		agency as of June 30, 1988 (the effective date of this Act).
16		(c) The Director, subject to the direction and control of
17		the Governor, shall be the executive head of the Illinois
18		Emergency Management Agency and the State Emergency Response
19		Commission and shall be responsible under the direction of the
20		Governor, for carrying out the program for emergency
21		management of this State. The Director shall also maintain
22		liaison and cooperate with the emergency management
23		organizations of this State and other states and of the
24		federal government.
25		(d) The Illinois Emergency Management Agency shall take an
26		integral part in the development and revision of political

HB4959 Enrolled - 44 - LRB103 36303 SPS 66401 b
1		subdivision emergency operations plans prepared under
2		paragraph (f) of Section 10. To this end it shall employ or
3		otherwise secure the services of professional and technical
4		personnel capable of providing expert assistance to the
5		emergency services and disaster agencies. These personnel
6		shall consult with emergency services and disaster agencies on
7		a regular basis and shall make field examinations of the
8		areas, circumstances, and conditions that particular political
9		subdivision emergency operations plans are intended to apply.
10		(e) The Illinois Emergency Management Agency and political
11		subdivisions shall be encouraged to form an emergency
12		management advisory committee composed of private and public
13		personnel representing the emergency management phases of
14		mitigation, preparedness, response, and recovery. The Local
15		Emergency Planning Committee, as created under the Illinois
16		Emergency Planning and Community Right to Know Act, shall
17		serve as an advisory committee to the emergency services and
18		disaster agency or agencies serving within the boundaries of
19		that Local Emergency Planning Committee planning district for:
20		(1) the development of emergency operations plan
21		provisions for hazardous chemical emergencies; and
22		(2) the assessment of emergency response capabilities
23		related to hazardous chemical emergencies.
24		(f) The Illinois Emergency Management Agency shall:
25		(1) Coordinate the overall emergency management
26		program of the State.

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1		(2) Cooperate with local governments, the federal
2		government, and any public or private agency or entity in
3		achieving any purpose of this Act and in implementing
4		emergency management programs for mitigation,
5		preparedness, response, and recovery.
6		(2.5) Develop a comprehensive emergency preparedness
7		and response plan for any nuclear accident in accordance
8		with Section 65 of the Nuclear Safety Law of 2004 and in
9		development of the Illinois Nuclear Safety Preparedness
10		program in accordance with Section 8 of the Illinois
11		Nuclear Safety Preparedness Act.
12		(2.6) Coordinate with the Department of Public Health
13		with respect to planning for and responding to public
14		health emergencies.
15		(3) Prepare, for issuance by the Governor, executive
16		orders, proclamations, and regulations as necessary or
17		appropriate in coping with disasters.
18		(4) Promulgate rules and requirements for political
19		subdivision emergency operations plans that are not
20		inconsistent with and are at least as stringent as
21		applicable federal laws and regulations.
22		(5) Review and approve, in accordance with Illinois
23		Emergency Management Agency rules, emergency operations
24		plans for those political subdivisions required to have an
25		emergency services and disaster agency pursuant to this
26		Act.

HB4959 Enrolled - 46 - LRB103 36303 SPS 66401 b
1		(5.5) Promulgate rules and requirements for the
2		political subdivision emergency management exercises,
3		including, but not limited to, exercises of the emergency
4		operations plans.
5		(5.10) Review, evaluate, and approve, in accordance
6		with Illinois Emergency Management Agency rules, political
7		subdivision emergency management exercises for those
8		political subdivisions required to have an emergency
9		services and disaster agency pursuant to this Act.
10		(6) Determine requirements of the State and its
11		political subdivisions for food, clothing, and other
12		necessities in event of a disaster.
13		(7) Establish a register of persons with types of
14		emergency management training and skills in mitigation,
15		preparedness, response, and recovery.
16		(8) Establish a register of government and private
17		response resources available for use in a disaster.
18		(9) Expand the Earthquake Awareness Program and its
19		efforts to distribute earthquake preparedness materials to
20		schools, political subdivisions, community groups, civic
21		organizations, and the media. Emphasis will be placed on
22		those areas of the State most at risk from an earthquake.
23		Maintain the list of all school districts, hospitals,
24		airports, power plants, including nuclear power plants,
25		lakes, dams, emergency response facilities of all types,
26		and all other major public or private structures which are

HB4959 Enrolled - 47 - LRB103 36303 SPS 66401 b
1		at the greatest risk of damage from earthquakes under
2		circumstances where the damage would cause subsequent harm
3		to the surrounding communities and residents.
4		(10) Disseminate all information, completely and
5		without delay, on water levels for rivers and streams and
6		any other data pertaining to potential flooding supplied
7		by the Division of Water Resources within the Department
8		of Natural Resources to all political subdivisions to the
9		maximum extent possible.
10		(11) Develop agreements, if feasible, with medical
11		supply and equipment firms to supply resources as are
12		necessary to respond to an earthquake or any other
13		disaster as defined in this Act. These resources will be
14		made available upon notifying the vendor of the disaster.
15		Payment for the resources will be in accordance with
16		Section 7 of this Act. The Illinois Department of Public
17		Health shall determine which resources will be required
18		and requested.
19		(11.5) In coordination with the Illinois State Police,
20		develop and implement a community outreach program to
21		promote awareness among the State's parents and children
22		of child abduction prevention and response.
23		(12) Out of funds appropriated for these purposes,
24		award capital and non-capital grants to Illinois hospitals
25		or health care facilities located outside of a city with a
26		population in excess of 1,000,000 to be used for purposes

HB4959 Enrolled - 48 - LRB103 36303 SPS 66401 b
1		that include, but are not limited to, preparing to respond
2		to mass casualties and disasters, maintaining and
3		improving patient safety and quality of care, and
4		protecting the confidentiality of patient information. No
5		single grant for a capital expenditure shall exceed
6		$300,000. No single grant for a non-capital expenditure
7		shall exceed $100,000. In awarding such grants, preference
8		shall be given to hospitals that serve a significant
9		number of Medicaid recipients, but do not qualify for
10		disproportionate share hospital adjustment payments under
11		the Illinois Public Aid Code. To receive such a grant, a
12		hospital or health care facility must provide funding of
13		at least 50% of the cost of the project for which the grant
14		is being requested. In awarding such grants the Illinois
15		Emergency Management Agency shall consider the
16		recommendations of the Illinois Hospital Association.
17		(13) Do all other things necessary, incidental or
18		appropriate for the implementation of this Act.
19		(g) The Illinois Emergency Management Agency is authorized
20		to make grants to various higher education institutions,
21		public K-12 school districts, area vocational centers as
22		designated by the State Board of Education, inter-district
23		special education cooperatives, regional safe schools, and
24		nonpublic K-12 schools for safety and security improvements.
25		For the purpose of this subsection (g), "higher education
26		institution" means a public university, a public community

HB4959 Enrolled - 49 - LRB103 36303 SPS 66401 b
1		college, or an independent, not-for-profit or for-profit
2		higher education institution located in this State. Grants
3		made under this subsection (g) shall be paid out of moneys
4		appropriated for that purpose from the Build Illinois Bond
5		Fund. The Illinois Emergency Management Agency shall adopt
6		rules to implement this subsection (g). These rules may
7		specify: (i) the manner of applying for grants; (ii) project
8		eligibility requirements; (iii) restrictions on the use of
9		grant moneys; (iv) the manner in which the various higher
10		education institutions must account for the use of grant
11		moneys; and (v) any other provision that the Illinois
12		Emergency Management Agency determines to be necessary or
13		useful for the administration of this subsection (g).
14		(g-5) The Illinois Emergency Management Agency is
15		authorized to make grants to not-for-profit organizations
16		which are exempt from federal income taxation under section
17		501(c)(3) of the Federal Internal Revenue Code for eligible
18		security improvements that assist the organization in
19		preventing, preparing for, or responding to threats, attacks,
20		or acts of terrorism. To be eligible for a grant under the
21		program, the Agency must determine that the organization is at
22		a high risk of being subject to threats, attacks, or acts of
23		terrorism based on the organization's profile, ideology,
24		mission, or beliefs. Eligible security improvements shall
25		include all eligible preparedness activities under the federal
26		Nonprofit Security Grant Program, including, but not limited

HB4959 Enrolled - 50 - LRB103 36303 SPS 66401 b
1		to, physical security upgrades, security training exercises,
2		preparedness training exercises, contracting with security
3		personnel, and any other security upgrades deemed eligible by
4		the Director. Eligible security improvements shall not
5		duplicate, in part or in whole, a project included under any
6		awarded federal grant or in a pending federal application. The
7		Director shall establish procedures and forms by which
8		applicants may apply for a grant and procedures for
9		distributing grants to recipients. Any security improvements
10		awarded shall remain at the physical property listed in the
11		grant application, unless authorized by Agency rule or
12		approved by the Agency in writing. The procedures shall
13		require each applicant to do the following:
14		(1) identify and substantiate prior or current
15		threats, attacks, or acts of terrorism against the
16		not-for-profit organization;
17		(2) indicate the symbolic or strategic value of one or
18		more sites that renders the site a possible target of a
19		threat, attack, or act of terrorism;
20		(3) discuss potential consequences to the organization
21		if the site is damaged, destroyed, or disrupted by a
22		threat, attack, or act of terrorism;
23		(4) describe how the grant will be used to integrate
24		organizational preparedness with broader State and local
25		preparedness efforts, as described by the Agency in each
26		Notice of Opportunity for Funding;

HB4959 Enrolled - 51 - LRB103 36303 SPS 66401 b
1		(5) submit (i) a vulnerability assessment conducted by
2		experienced security, law enforcement, or military
3		personnel, or conducted using an Agency-approved or
4		federal Nonprofit Security Grant Program self-assessment
5		tool, and (ii) a description of how the grant award will be
6		used to address the vulnerabilities identified in the
7		assessment; and
8		(6) submit any other relevant information as may be
9		required by the Director.
10		The Agency is authorized to use funds appropriated for the
11		grant program described in this subsection (g-5) to administer
12		the program. Any Agency Notice of Opportunity for Funding,
13		proposed or final rulemaking, guidance, training opportunity,
14		or other resource related to the grant program must be
15		published on the Agency's publicly available website, and any
16		announcements related to funding shall be shared with all
17		State legislative offices, the Governor's office, emergency
18		services and disaster agencies mandated or required pursuant
19		to subsections (b) through (d) of Section 10, and any other
20		State agencies as determined by the Agency. Subject to
21		appropriation, the grant application period shall be open for
22		no less than 45 calendar days during the first application
23		cycle each fiscal year, unless the Agency determines that a
24		shorter period is necessary to avoid conflicts with the annual
25		federal Nonprofit Security Grant Program funding cycle.
26		Additional application cycles may be conducted during the same

HB4959 Enrolled - 52 - LRB103 36303 SPS 66401 b
1		fiscal year, subject to availability of funds. Upon request,
2		Agency staff shall provide reasonable assistance to any
3		applicant in completing a grant application or meeting a
4		post-award requirement.
5		In addition to any advance payment rules or procedures
6		adopted by the Agency, the Agency shall adopt rules or
7		procedures by which grantees under this subsection (g-5) may
8		receive a working capital advance of initial start-up costs
9		and up to 2 months of program expenses, not to exceed 25% of
10		the total award amount, if, during the application process,
11		the grantee demonstrates a need for funds to commence a
12		project. The remaining funds must be paid through
13		reimbursement after the grantee presents sufficient supporting
14		documentation of expenditures for eligible activities.
15		(h) Except as provided in Section 17.5 of this Act, any
16		moneys received by the Agency from donations or sponsorships
17		unrelated to a disaster shall be deposited in the Emergency
18		Planning and Training Fund and used by the Agency, subject to
19		appropriation, to effectuate planning and training activities.
20		Any moneys received by the Agency from donations during a
21		disaster and intended for disaster response or recovery shall
22		be deposited into the Disaster Response and Recovery Fund and
23		used for disaster response and recovery pursuant to the
24		Disaster Relief Act.
25		(i) The Illinois Emergency Management Agency may by rule
26		assess and collect reasonable fees for attendance at

HB4959 Enrolled - 53 - LRB103 36303 SPS 66401 b
1		Agency-sponsored conferences to enable the Agency to carry out
2		the requirements of this Act. Any moneys received under this
3		subsection shall be deposited in the Emergency Planning and
4		Training Fund and used by the Agency, subject to
5		appropriation, for planning and training activities.
6		(j) The Illinois Emergency Management Agency is authorized
7		to make grants to other State agencies, public universities,
8		units of local government, and statewide mutual aid
9		organizations to enhance statewide emergency preparedness and
10		response.
11		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
12		102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
13		1-1-24.)
14		Section 3-15. The State Finance Act is amended by changing
15		Section 6z-129 as follows:
16		(30 ILCS 105/6z-129)
17		Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
18		Racing Purse Equity Fund is a nonappropriated trust fund held
19		outside of the State treasury. Within 30 calendar days after
20		funds are deposited in the Horse Racing Purse Equity Fund and
21		the applicable grant agreement is executed, whichever is
22		later, the Department of Agriculture shall transfer the entire
23		balance in the Fund to the organization licensees that hold
24		purse moneys that support each of the legally recognized

HB4959 Enrolled - 54 - LRB103 36303 SPS 66401 b
1		horsemen's associations that have contracted with an
2		organization licensee over the immediately preceding 3
3		calendar years under subsection (d) of Section 29 of the
4		Illinois Horse Racing Act of 1975. The 2024 2023 division of
5		such fund balance among the qualifying purse accounts shall be
6		pursuant to the 2021 agreement of the involved horsemen
7		associations with 45% being allocated to the thoroughbred
8		purse account at a racetrack located in Stickney Township in
9		Cook County, 30% being allocated to the harness purse account
10		at a racetrack located in Stickney Township in Cook County,
11		and 25% being allocated to the thoroughbred purse account at a
12		racetrack located in Madison County. Transfers may be made to
13		an organization licensee that has one or more executed grant
14		agreements while the other organization licensee awaits
15		finalization and execution of its grant agreement or
16		agreements. All funds transferred to purse accounts pursuant
17		to this Section shall be for the sole purpose of augmenting
18		future purses during State fiscal year 2025 2024. For purposes
19		of this Section, a legally recognized horsemen association is
20		that horsemen association representing the largest number of
21		owners, trainers, jockeys or Standardbred drivers who race
22		horses at an Illinois organization licensee and that enter
23		into agreements with Illinois organization licenses to govern
24		the racing meet and that also provide required consents
25		pursuant to the Illinois Horse Racing Act of 1975.
26		(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)

HB4959 Enrolled - 55 - LRB103 36303 SPS 66401 b
1		Section 3-22. The Illinois Pension Code is amended by
2		changing Sections 16-150.1 and 17-149, as follows:
3		(40 ILCS 5/16-150.1)
4		Sec. 16-150.1. Return to teaching in subject shortage
5		area.
6		(a) As used in this Section, "eligible employment" means
7		employment beginning on or after July 1, 2003 and ending no
8		later than June 30, 2027 2024, in a subject shortage area at a
9		qualified school, in a position requiring certification under
10		the law governing the certification of teachers.
11		As used in this Section, "qualified school" means a public
12		elementary or secondary school that meets all of the following
13		requirements:
14		(1) At the time of hiring a retired teacher under this
15		Section, the school is experiencing a shortage of teachers
16		in the subject shortage area for which the teacher is
17		hired.
18		(2) The school district to which the school belongs
19		has complied with the requirements of subsection (e), and
20		the regional superintendent has certified that compliance
21		to the System.
22		(3) If the school district to which the school belongs
23		provides group health benefits for its teachers generally,
24		substantially similar health benefits are made available

HB4959 Enrolled - 56 - LRB103 36303 SPS 66401 b
1		for teachers participating in the program under this
2		Section, without any limitations based on pre-existing
3		conditions.
4		(b) An annuitant receiving a retirement annuity under this
5		Article (other than a disability retirement annuity) may
6		engage in eligible employment at a qualified school without
7		impairing his or her retirement status or retirement annuity,
8		subject to the following conditions:
9		(1) the eligible employment does not begin within the
10		school year during which service was terminated;
11		(2) the annuitant has not received any early
12		retirement incentive under Section 16-133.3, 16-133.4, or
13		16-133.5;
14		(3) if the annuitant retired before age 60 and with
15		less than 34 years of service, the eligible employment
16		does not begin within the year following the effective
17		date of the retirement annuity;
18		(4) if the annuitant retired at age 60 or above or with
19		34 or more years of service, the eligible employment does
20		not begin within the 90 days following the effective date
21		of the retirement annuity; and
22		(5) before the eligible employment begins, the
23		employer notifies the System in writing of the annuitant's
24		desire to participate in the program established under
25		this Section.
26		(c) An annuitant engaged in eligible employment in

HB4959 Enrolled - 57 - LRB103 36303 SPS 66401 b
1		accordance with subsection (b) shall be deemed a participant
2		in the program established under this Section for so long as he
3		or she remains employed in eligible employment.
4		(d) A participant in the program established under this
5		Section continues to be a retirement annuitant, rather than an
6		active teacher, for all of the purposes of this Code, but shall
7		be deemed an active teacher for other purposes, such as
8		inclusion in a collective bargaining unit, eligibility for
9		group health benefits, and compliance with the laws governing
10		the employment, regulation, certification, treatment, and
11		conduct of teachers.
12		With respect to an annuitant's eligible employment under
13		this Section, neither employee nor employer contributions
14		shall be made to the System and no additional service credit
15		shall be earned. Eligible employment does not affect the
16		annuitant's final average salary or the amount of the
17		retirement annuity.
18		(e) Before hiring a teacher under this Section, the school
19		district to which the school belongs must do the following:
20		(1) If the school district to which the school belongs
21		has honorably dismissed, within the calendar year
22		preceding the beginning of the school term for which it
23		seeks to employ a retired teacher under the program
24		established in this Section, any teachers who are legally
25		qualified to hold positions in the subject shortage area
26		and have not yet begun to receive their retirement

HB4959 Enrolled - 58 - LRB103 36303 SPS 66401 b
1		annuities under this Article, the vacant positions must
2		first be tendered to those teachers.
3		(2) For a period of at least 90 days during the 6
4		months preceding the beginning of either the fall or
5		spring term for which it seeks to employ a retired teacher
6		under the program established in this Section, the school
7		district must, on an ongoing basis, (i) advertise its
8		vacancies in the subject shortage area in employment
9		bulletins published by college and university placement
10		offices located near the school; (ii) search for teachers
11		legally qualified to fill those vacancies through the
12		Illinois Education Job Bank; and (iii) post all vacancies
13		on the school district's website and list the vacancy in
14		an online job portal or database.
15		A school district replacing a teacher who is unable to
16		continue employment with the school district because of
17		documented illness, injury, or disability that occurred after
18		being hired by a school district under this Section shall be
19		exempt from the provisions of paragraph (2) for 90 school
20		days. However, the school district must on an ongoing basis
21		comply with items (i), (ii), and (iii) of paragraph (2).
22		The school district must submit documentation of its
23		compliance with this subsection to the regional
24		superintendent. Upon receiving satisfactory documentation from
25		the school district, the regional superintendent shall certify
26		the district's compliance with this subsection to the System.

HB4959 Enrolled - 59 - LRB103 36303 SPS 66401 b
1		(f) This Section applies without regard to whether the
2		annuitant was in service on or after the effective date of this
3		amendatory Act of the 93rd General Assembly.
4		(Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
5		(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
6		Sec. 17-149. Cancellation of pensions.
7		(a) If any person receiving a disability retirement
8		pension from the Fund is re-employed as a teacher by an
9		Employer, the pension shall be cancelled on the date the
10		re-employment begins, or on the first day of a payroll period
11		for which service credit was validated, whichever is earlier.
12		(b) If any person receiving a service retirement pension
13		from the Fund is re-employed as a teacher on a permanent or
14		annual basis by an Employer, the pension shall be cancelled on
15		the date the re-employment begins, or on the first day of a
16		payroll period for which service credit was validated,
17		whichever is earlier. However, subject to the limitations and
18		requirements of subsection (c-5), (c-6), (c-7), or (c-10), the
19		pension shall not be cancelled in the case of a service
20		retirement pensioner who is re-employed on a temporary and
21		non-annual basis or on an hourly basis.
22		(c) If the date of re-employment on a permanent or annual
23		basis occurs within 5 school months after the date of previous
24		retirement, exclusive of any vacation period, the member shall
25		be deemed to have been out of service only temporarily and not

HB4959 Enrolled - 60 - LRB103 36303 SPS 66401 b
1		permanently retired. Such person shall be entitled to pension
2		payments for the time he could have been employed as a teacher
3		and received salary, but shall not be entitled to pension for
4		or during the summer vacation prior to his return to service.
5		When the member again retires on pension, the time of
6		service and the money contributed by him during re-employment
7		shall be added to the time and money previously credited. Such
8		person must acquire 3 consecutive years of additional
9		contributing service before he may retire again on a pension
10		at a rate and under conditions other than those in force or
11		attained at the time of his previous retirement.
12		(c-5) For school years beginning on or after July 1, 2019
13		and before July 1, 2022, the service retirement pension shall
14		not be cancelled in the case of a service retirement pensioner
15		who is re-employed as a teacher on a temporary and non-annual
16		basis or on an hourly basis, so long as the person (1) does not
17		work as a teacher for compensation on more than 120 days in a
18		school year or (2) does not accept gross compensation for the
19		re-employment in a school year in excess of (i) $30,000 or (ii)
20		in the case of a person who retires with at least 5 years of
21		service as a principal, an amount that is equal to the daily
22		rate normally paid to retired principals multiplied by 100.
23		These limitations apply only to school years that begin on or
24		after July 1, 2019 and before July 1, 2022. Such re-employment
25		does not require contributions, result in service credit, or
26		constitute active membership in the Fund.

HB4959 Enrolled - 61 - LRB103 36303 SPS 66401 b
1		The service retirement pension shall not be cancelled in
2		the case of a service retirement pensioner who is re-employed
3		as a teacher on a temporary and non-annual basis or on an
4		hourly basis, so long as the person (1) does not work as a
5		teacher for compensation on more than 100 days in a school year
6		or (2) does not accept gross compensation for the
7		re-employment in a school year in excess of (i) $30,000 or (ii)
8		in the case of a person who retires with at least 5 years of
9		service as a principal, an amount that is equal to the daily
10		rate normally paid to retired principals multiplied by 100.
11		These limitations apply only to school years that begin on or
12		after August 8, 2012 (the effective date of Public Act 97-912)
13		and before July 1, 2019. Such re-employment does not require
14		contributions, result in service credit, or constitute active
15		membership in the Fund.
16		Notwithstanding the 120-day limit set forth in item (1) of
17		this subsection (c-5), the service retirement pension shall
18		not be cancelled in the case of a service retirement pensioner
19		who teaches only driver education courses after regular school
20		hours and does not teach any other subject area, so long as the
21		person does not work as a teacher for compensation for more
22		than 900 hours in a school year. The $30,000 limit set forth in
23		subitem (i) of item (2) of this subsection (c-5) shall apply to
24		a service retirement pensioner who teaches only driver
25		education courses after regular school hours and does not
26		teach any other subject area.

HB4959 Enrolled - 62 - LRB103 36303 SPS 66401 b
1		To be eligible for such re-employment without cancellation
2		of pension, the pensioner must notify the Fund and the Board of
3		Education of his or her intention to accept re-employment
4		under this subsection (c-5) before beginning that
5		re-employment (or if the re-employment began before August 8,
6		2012 (the effective date of Public Act 97-912), then within 30
7		days after that effective date).
8		An Employer must certify to the Fund the temporary and
9		non-annual or hourly status and the compensation of each
10		pensioner re-employed under this subsection at least
11		quarterly, and when the pensioner is approaching the earnings
12		limitation under this subsection.
13		If the pensioner works more than 100 days or accepts
14		excess gross compensation for such re-employment in any school
15		year that begins on or after August 8, 2012 (the effective date
16		of Public Act 97-912), the service retirement pension shall
17		thereupon be cancelled.
18		If the pensioner who only teaches drivers education
19		courses after regular school hours works more than 900 hours
20		or accepts excess gross compensation for such re-employment in
21		any school year that begins on or after August 12, 2016 (the
22		effective date of Public Act 99-786), the service retirement
23		pension shall thereupon be cancelled.
24		If the pensioner works more than 120 days or accepts
25		excess gross compensation for such re-employment in any school
26		year that begins on or after July 1, 2019, the service

HB4959 Enrolled - 63 - LRB103 36303 SPS 66401 b
1		retirement pension shall thereupon be cancelled.
2		The Board of the Fund shall adopt rules for the
3		implementation and administration of this subsection.
4		(c-6) For school years beginning on or after July 1, 2022
5		and before July 1, 2027 2024, the service retirement pension
6		shall not be cancelled in the case of a service retirement
7		pensioner who is re-employed as a teacher or an administrator
8		on a temporary and non-annual basis or on an hourly basis, so
9		long as the person does not work as a teacher or an
10		administrator for compensation on more than 140 days in a
11		school year. Such re-employment does not require
12		contributions, result in service credit, or constitute active
13		membership in the Fund.
14		(c-7) For school years beginning on or after July 1, 2027
15		2024, the service retirement pension shall not be cancelled in
16		the case of a service retirement pensioner who is re-employed
17		as a teacher or an administrator on a temporary and non-annual
18		basis or on an hourly basis, so long as the person does not
19		work as a teacher or an administrator for compensation on more
20		than 120 days in a school year. Such re-employment does not
21		require contributions, result in service credit, or constitute
22		active membership in the Fund.
23		(c-10) Until June 30, 2027 2024, the service retirement
24		pension of a service retirement pensioner shall not be
25		cancelled if the service retirement pensioner is employed in a
26		subject shortage area and the Employer that is employing the

HB4959 Enrolled - 64 - LRB103 36303 SPS 66401 b
1		service retirement pensioner meets the following requirements:
2		(1) If the Employer has honorably dismissed, within
3		the calendar year preceding the beginning of the school
4		term for which it seeks to employ a service retirement
5		pensioner under this subsection, any teachers who are
6		legally qualified to hold positions in the subject
7		shortage area and have not yet begun to receive their
8		service retirement pensions under this Article, the vacant
9		positions must first be tendered to those teachers.
10		(2) For a period of at least 90 days during the 6
11		months preceding the beginning of either the fall or
12		spring term for which it seeks to employ a service
13		retirement pensioner under this subsection, the Employer
14		must, on an ongoing basis, (i) advertise its vacancies in
15		the subject shortage area in employment bulletins
16		published by college and university placement offices
17		located near the school; (ii) search for teachers legally
18		qualified to fill those vacancies through the Illinois
19		Education Job Bank; and (iii) post all vacancies on the
20		Employer's website and list the vacancy in an online job
21		portal or database.
22		An Employer of a teacher who is unable to continue
23		employment with the Employer because of documented illness,
24		injury, or disability that occurred after being hired by the
25		Employer under this subsection is exempt from the provisions
26		of paragraph (2) for 90 school days. However, the Employer

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1		must on an ongoing basis comply with items (i), (ii), and (iii)
2		of paragraph (2).
3		The Employer must submit documentation of its compliance
4		with this subsection to the regional superintendent. Upon
5		receiving satisfactory documentation from the Employer, the
6		regional superintendent shall certify the Employer's
7		compliance with this subsection to the Fund.
8		(d) Notwithstanding Sections 1-103.1 and 17-157, the
9		changes to this Section made by Public Act 90-32 apply without
10		regard to whether termination of service occurred before the
11		effective date of that Act and apply retroactively to August
12		23, 1989.
13		Notwithstanding Sections 1-103.1 and 17-157, the changes
14		to this Section and Section 17-106 made by Public Act 92-599
15		apply without regard to whether termination of service
16		occurred before June 28, 2002 (the effective date of Public
17		Act 92-599).
18		Notwithstanding Sections 1-103.1 and 17-157, the changes
19		to this Section made by Public Act 97-912 apply without regard
20		to whether termination of service occurred before August 8,
21		2012 (the effective date of Public Act 97-912).
22		(Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;
23		103-154, eff. 6-30-23.)
24		Section 3-25. The Law Enforcement Camera Grant Act is
25		amended by changing Section 10 as follows:

HB4959 Enrolled - 66 - LRB103 36303 SPS 66401 b
1		(50 ILCS 707/10)
2		Sec. 10. Law Enforcement Camera Grant Fund; creation,
3		rules.
4		(a) The Law Enforcement Camera Grant Fund is created as a
5		special fund in the State treasury. From appropriations to the
6		Board from the Fund, the Board must make grants to units of
7		local government in Illinois and Illinois public universities
8		for the purpose of (1) purchasing or leasing in-car video
9		cameras for use in law enforcement vehicles, (2) purchasing or
10		leasing officer-worn body cameras and associated technology
11		for law enforcement officers, and (3) training for law
12		enforcement officers in the operation of the cameras. Grants
13		under this Section may be used to offset data storage and
14		related licensing costs for officer-worn body cameras. For the
15		purposes of this Section, "purchasing or leasing" includes
16		providing funding to units of local government in advance that
17		can be used to obtain this equipment rather than only for
18		reimbursement of purchased equipment.
19		Moneys received for the purposes of this Section,
20		including, without limitation, fee receipts and gifts, grants,
21		and awards from any public or private entity, must be
22		deposited into the Fund. Any interest earned on moneys in the
23		Fund must be deposited into the Fund.
24		(b) The Board may set requirements for the distribution of
25		grant moneys and determine which law enforcement agencies are

HB4959 Enrolled - 67 - LRB103 36303 SPS 66401 b
1		eligible.
2		(b-5) The Board shall consider compliance with the Uniform
3		Crime Reporting Act as a factor in awarding grant moneys.
4		(c) (Blank).
5		(d) (Blank).
6		(e) (Blank).
7		(f) (Blank).
8		(g) (Blank).
9		(h) (Blank).
10		(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
11		Section 3-27. The Illinois Library System Act is amended
12		by changing Section 8 as follows:
13		(75 ILCS 10/8) (from Ch. 81, par. 118)
14		Sec. 8. State grants.
15		(a) There shall be a program of State grants within the
16		limitations of funds appropriated by the Illinois General
17		Assembly together with other funds made available by the
18		federal government or other sources for this purpose. This
19		program of State grants shall be administered by the State
20		Librarian in accordance with rules and regulations as provided
21		in Section 3 of this Act and shall include the following: (i)
22		annual equalization grants; (ii) Library System grants; (iii)
23		per capita grants to public libraries; and (iv) planning and
24		construction grants to public libraries and library systems.

HB4959 Enrolled - 68 - LRB103 36303 SPS 66401 b
1		Libraries, in order to be eligible for grants under this
2		Section, must be members of a library system.
3		(b) An annual equalization grant shall be made to all
4		public libraries for which the corporate authorities levy a
5		tax for library purposes at a rate not less than .13% of the
6		value of all the taxable property as equalized and assessed by
7		the Department of Revenue if the amount of tax revenue
8		obtained from a rate of .13% produces less than $17.50 per
9		capita in property tax revenue from property taxes for Fiscal
10		Year 2025 (i) $4.25 per capita in property tax revenue from
11		property taxes for the 2006 taxable year payable in 2007 and
12		(ii) $7.50 per capita in property tax revenue from property
13		taxes for the 2007 taxable year and thereafter. In that case,
14		the State Librarian is authorized to make an equalization
15		grant equivalent to the difference between the amount obtained
16		from a rate of .13% and an annual income of $17.50 per capita
17		for grants made in Fiscal Year 2025 $4.25 per capita for grants
18		made through Fiscal Year 2008, and an annual income of $7.50
19		per capita for grants made in Fiscal Year 2009 and thereafter.
20		If moneys appropriated for grants under this Section are not
21		sufficient, then the State Librarian shall reduce the per
22		capita amount of the grants so that the qualifying public
23		libraries receive the same amount per capita, but in no event
24		shall the grant be less than equivalent to the difference
25		between the amount of the tax revenue obtained from the
26		current levy and an annual income of $4.25 per capita. If a

HB4959 Enrolled - 69 - LRB103 36303 SPS 66401 b
1		library receiving an equalization grant reduces its tax levy
2		below the amount levied at the time the original application
3		is approved, it shall be ineligible to receive further
4		equalization grants.
5		If a library is subject to the Property Tax Extension
6		Limitation Law in the Property Tax Code and its tax levy for
7		library purposes has been lowered to a rate of less than .13%,
8		the library will qualify for this grant if the library levied a
9		tax for library purposes that met the requirements for this
10		grant in the previous year and if the tax levied for library
11		purposes in the current year produces tax revenue for the
12		library that is an increase over the previous year's extension
13		of 5% or the percentage increase in the Consumer Price Index,
14		whichever is less, and the tax revenue produced by this levy is
15		less than $17.50 per capita in property tax revenue from
16		property taxes for the Fiscal Year 2025 (i) $4.25 per capita in
17		property tax revenue from property taxes for the 2006 taxable
18		year payable in 2007 and (ii) $7.50 per capita in property tax
19		revenue from property taxes for the 2007 taxable year and
20		thereafter. In this case, the State Librarian is authorized to
21		make an equalization grant equivalent to the difference
22		between the amount of tax revenue obtained from the current
23		levy and an annual income of $17.50 per capita for grants made
24		in Fiscal Year 2025 $4.25 per capita for grants made through
25		Fiscal Year 2008, and an annual income of $7.50 per capita for
26		grants made in Fiscal Year 2009 and thereafter. If moneys

HB4959 Enrolled - 70 - LRB103 36303 SPS 66401 b
1		appropriated for grants under this Section are not sufficient,
2		then the State Librarian shall reduce the per capita amount of
3		the grants so that the qualifying public libraries receive the
4		same amount per capita, but in no event shall the grant be less
5		than equivalent to the difference between the amount of the
6		tax revenue obtained from the current levy and an annual
7		income of $4.25 per capita. If a library receiving an
8		equalization grant reduces its tax levy below the amount
9		levied at the time the original application is approved, it
10		shall be ineligible to receive further equalization grants.
11		(c) Annual Library System grants shall be made, upon
12		application, to each library system approved by the State
13		Librarian on the following basis:
14		(1) For library systems, the sum of $1.46 per capita
15		of the population of the area served plus the sum of $50.75
16		per square mile or fraction thereof of the area served
17		except as provided in paragraph (4) of this subsection.
18		(2) If the amounts appropriated for grants are
19		different from the amount provided for in paragraph (1) of
20		this subsection, the area and per capita funding shall be
21		proportionately reduced or increased accordingly.
22		(3) For library systems, additional funds may be
23		appropriated. The appropriation shall be distributed on
24		the same proportional per capita and per square mile basis
25		as provided in paragraphs (1) and (4) of this subsection.
26		(4) Per capita and area funding for a multitype

HB4959 Enrolled - 71 - LRB103 36303 SPS 66401 b
1		library system as defined in subparagraph (3) of the
2		definition of "library system" in Section 2 and a public
3		library system in cities with a population of 500,000 or
4		more as defined in subparagraph (2) of the definition of
5		"library system" in Section 2 shall be apportioned with
6		25% of the funding granted to the multitype library system
7		and 75% of the funding granted to the public library
8		system.
9		(d) The "area served" for the purposes of making and
10		expending annual Library System grants means the area that
11		lies within the geographic boundaries of the library system as
12		approved by the State Librarian, except that grant funding
13		awarded to a library system may also be expended for the
14		provision of services to members of other library systems if
15		such an expenditure is included in a library system's plan of
16		service and is approved by the State Librarian. In determining
17		the population of the area served by the library system, the
18		Illinois State Library shall use the latest federal census for
19		the political subdivisions in the area served.
20		(e) In order to be eligible for a grant under this Section,
21		the corporate authorities, instead of a tax levy at a
22		particular rate, may provide an amount equivalent to the
23		amount produced by that levy.
24		(Source: P.A. 99-186, eff. 7-29-15.)
25		Section 3-30. The School Code is amended by changing

HB4959 Enrolled - 72 - LRB103 36303 SPS 66401 b
1		Section 29-5 as follows:
2		(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
3		Sec. 29-5. Reimbursement by State for transportation. Any
4		school district or State-authorized charter school,
5		maintaining a school, transporting resident pupils to another
6		school district's vocational program, offered through a joint
7		agreement approved by the State Board of Education, as
8		provided in Section 10-22.22 or transporting its resident
9		pupils to a school which meets the standards for recognition
10		as established by the State Board of Education which provides
11		transportation meeting the standards of safety, comfort,
12		convenience, efficiency and operation prescribed by the State
13		Board of Education for resident pupils in kindergarten or any
14		of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
15		measured by the customary route of travel, from the school
16		attended; or (b) reside in areas where conditions are such
17		that walking constitutes a hazard to the safety of the child
18		when determined under Section 29-3; and (c) are transported to
19		the school attended from pick-up points at the beginning of
20		the school day and back again at the close of the school day or
21		transported to and from their assigned attendance centers
22		during the school day, shall be reimbursed by the State as
23		hereinafter provided in this Section.
24		The State will pay the prorated allowable cost of
25		transporting eligible pupils less the real equalized assessed

HB4959 Enrolled - 73 - LRB103 36303 SPS 66401 b
1		valuation as computed under paragraph (3) of subsection (d) of
2		Section 18-8.15 in a dual school district maintaining
3		secondary grades 9 to 12 inclusive times a qualifying rate of
4		.05%; in elementary school districts maintaining grades K to 8
5		times a qualifying rate of .06%; and in unit districts
6		maintaining grades K to 12, including partial elementary unit
7		districts formed pursuant to Article 11E, times a qualifying
8		rate of .07%. For a State-authorized charter school, the State
9		shall pay the prorated allowable cost of transporting eligible
10		pupils less a real equalized assessed valuation calculated
11		pursuant to this Section times a qualifying rate. For purposes
12		of calculating the real equalized assessed valuation for a
13		State-authorized charter school whose resident district is not
14		a school district organized under Article 34 of this Code, the
15		State Board of Education shall calculate the average of the
16		number of students in grades kindergarten through 12 reported
17		as enrolled in the charter school in the State Board's Student
18		Information System on October 1 and March 1 of the immediately
19		preceding school year. That value shall be divided by the
20		average of the number of students in grades kindergarten
21		through 12 reported as enrolled in the charter school's
22		resident district on October 1 and March 1 of the immediately
23		preceding school year. That proportion shall be multiplied by
24		the real equalized assessed valuation as computed under
25		paragraph (3) of subsection (d) of Section 18-8.15 for each
26		State-authorized charter school's applicable resident

HB4959 Enrolled - 74 - LRB103 36303 SPS 66401 b
1		district. A State-authorized charter school whose resident
2		district is organized under Article 34 of this Code shall have
3		a real equalized assessed valuation equal to the real
4		equalized assessed valuation of its resident district as
5		computed under paragraph (3) of subsection (d) of Section
6		18-8.15. A State-authorized charter school's qualifying rate
7		shall be the same as the rate that applies to the charter
8		school's resident district.
9		To be eligible to receive reimbursement in excess of 4/5
10		of the cost to transport eligible pupils, a school district or
11		partial elementary unit district formed pursuant to Article
12		11E shall have a Transportation Fund tax rate of at least .12%.
13		The Transportation Fund tax rate for a partial elementary unit
14		district formed pursuant Article 11E shall be the combined
15		elementary and high school rates pursuant to paragraph (4) of
16		subsection (a) of Section 18-8.15.
17		If a school district or partial elementary unit district
18		formed pursuant to Article 11E does not have a .12%
19		Transportation Fund tax rate, the amount of its claim in
20		excess of 4/5 of the cost of transporting pupils shall be
21		reduced by the sum arrived at by subtracting the
22		Transportation Fund tax rate from .12% and multiplying that
23		amount by the district's real equalized assessed valuation as
24		computed under paragraph (3) of subsection (d) of Section
25		18-8.15, provided that in no case shall said reduction result
26		in reimbursement of less than 4/5 of the cost to transport

HB4959 Enrolled - 75 - LRB103 36303 SPS 66401 b
1		eligible pupils. No such adjustment may be applied to a claim
2		filed by a State-authorized charter school.
3		Subject to the calculation of equalized assessed
4		valuation, an adjustment for an insufficient tax rate, and the
5		use of a qualifying rate as provided in this Section, a
6		State-authorized charter school may make a claim for
7		reimbursement by the State that is calculated in the same
8		manner as a school district.
9		The minimum amount to be received by a district is $16
10		times the number of eligible pupils transported.
11		When calculating the reimbursement for transportation
12		costs, the State Board of Education may not deduct the number
13		of pupils enrolled in early education programs from the number
14		of pupils eligible for reimbursement if the pupils enrolled in
15		the early education programs are transported at the same time
16		as other eligible pupils.
17		Any such district transporting resident pupils during the
18		school day to an area vocational school or another school
19		district's vocational program more than 1 1/2 miles from the
20		school attended, as provided in Sections 10-22.20a and
21		10-22.22, shall be reimbursed by the State for 4/5 of the cost
22		of transporting eligible pupils.
23		School day means that period of time during which the
24		pupil is required to be in attendance for instructional
25		purposes.
26		If a pupil is at a location within the school district

HB4959 Enrolled - 76 - LRB103 36303 SPS 66401 b
1		other than his residence for child care purposes at the time
2		for transportation to school, that location may be considered
3		for purposes of determining the 1 1/2 miles from the school
4		attended.
5		Claims for reimbursement that include children who attend
6		any school other than a public school shall show the number of
7		such children transported.
8		Claims for reimbursement under this Section shall not be
9		paid for the transportation of pupils for whom transportation
10		costs are claimed for payment under other Sections of this
11		Act.
12		The allowable direct cost of transporting pupils for
13		regular, vocational, and special education pupil
14		transportation shall be limited to the sum of the cost of
15		physical examinations required for employment as a school bus
16		driver; the salaries of full-time or part-time drivers and
17		school bus maintenance personnel; employee benefits excluding
18		Illinois municipal retirement payments, social security
19		payments, unemployment insurance payments and workers'
20		compensation insurance premiums; expenditures to independent
21		carriers who operate school buses; payments to other school
22		districts for pupil transportation services; pre-approved
23		contractual expenditures for computerized bus scheduling;
24		expenditures for housing assistance and homeless prevention
25		under Sections 1-17 and 1-18 of the Education for Homeless
26		Children Act that are not in excess of the school district's

HB4959 Enrolled - 77 - LRB103 36303 SPS 66401 b
1		actual costs for providing transportation services and are not
2		otherwise claimed in another State or federal grant that
3		permits those costs to a parent, a legal guardian, any other
4		person who enrolled a pupil, or a homeless assistance agency
5		that is part of the federal McKinney-Vento Homeless Assistance
6		Act's continuum of care for the area in which the district is
7		located; the cost of gasoline, oil, tires, and other supplies
8		necessary for the operation of school buses; the cost of
9		converting buses' gasoline engines to more fuel efficient
10		engines or to engines which use alternative energy sources;
11		the cost of travel to meetings and workshops conducted by the
12		regional superintendent or the State Superintendent of
13		Education pursuant to the standards established by the
14		Secretary of State under Section 6-106 of the Illinois Vehicle
15		Code to improve the driving skills of school bus drivers; the
16		cost of maintenance of school buses including parts and
17		materials used; expenditures for leasing transportation
18		vehicles, except interest and service charges; the cost of
19		insurance and licenses for transportation vehicles;
20		expenditures for the rental of transportation equipment; plus
21		a depreciation allowance of 20% for 5 years for school buses
22		and vehicles approved for transporting pupils to and from
23		school and a depreciation allowance of 10% for 10 years for
24		other transportation equipment so used. Each school year, if a
25		school district has made expenditures to the Regional
26		Transportation Authority or any of its service boards, a mass

HB4959 Enrolled - 78 - LRB103 36303 SPS 66401 b
1		transit district, or an urban transportation district under an
2		intergovernmental agreement with the district to provide for
3		the transportation of pupils and if the public transit carrier
4		received direct payment for services or passes from a school
5		district within its service area during the 2000-2001 school
6		year, then the allowable direct cost of transporting pupils
7		for regular, vocational, and special education pupil
8		transportation shall also include the expenditures that the
9		district has made to the public transit carrier. In addition
10		to the above allowable costs, school districts shall also
11		claim all transportation supervisory salary costs, including
12		Illinois municipal retirement payments, and all transportation
13		related building and building maintenance costs without
14		limitation.
15		Special education allowable costs shall also include
16		expenditures for the salaries of attendants or aides for that
17		portion of the time they assist special education pupils while
18		in transit and expenditures for parents and public carriers
19		for transporting special education pupils when pre-approved by
20		the State Superintendent of Education.
21		Indirect costs shall be included in the reimbursement
22		claim for districts which own and operate their own school
23		buses. Such indirect costs shall include administrative costs,
24		or any costs attributable to transporting pupils from their
25		attendance centers to another school building for
26		instructional purposes. No school district which owns and

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1		operates its own school buses may claim reimbursement for
2		indirect costs which exceed 5% of the total allowable direct
3		costs for pupil transportation.
4		The State Board of Education shall prescribe uniform
5		regulations for determining the above standards and shall
6		prescribe forms of cost accounting and standards of
7		determining reasonable depreciation. Such depreciation shall
8		include the cost of equipping school buses with the safety
9		features required by law or by the rules, regulations and
10		standards promulgated by the State Board of Education, and the
11		Department of Transportation for the safety and construction
12		of school buses provided, however, any equipment cost
13		reimbursed by the Department of Transportation for equipping
14		school buses with such safety equipment shall be deducted from
15		the allowable cost in the computation of reimbursement under
16		this Section in the same percentage as the cost of the
17		equipment is depreciated.
18		On or before August 15, annually, the chief school
19		administrator for the district shall certify to the State
20		Superintendent of Education the district's claim for
21		reimbursement for the school year ending on June 30 next
22		preceding. The State Superintendent of Education shall check
23		and approve the claims and prepare the vouchers showing the
24		amounts due for district reimbursement claims. Each fiscal
25		year, the State Superintendent of Education shall prepare and
26		transmit the first 3 vouchers to the Comptroller on the 30th

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1		day of September, December and March, respectively, and the
2		final voucher, no later than June 20.
3		If the amount appropriated for transportation
4		reimbursement is insufficient to fund total claims for any
5		fiscal year, the State Board of Education shall reduce each
6		school district's allowable costs and flat grant amount
7		proportionately to make total adjusted claims equal the total
8		amount appropriated.
9		For purposes of calculating claims for reimbursement under
10		this Section for any school year beginning July 1, 2016, the
11		equalized assessed valuation for a school district or partial
12		elementary unit district formed pursuant to Article 11E used
13		to compute reimbursement shall be the real equalized assessed
14		valuation as computed under paragraph (3) of subsection (d) of
15		Section 18-8.15.
16		All reimbursements received from the State shall be
17		deposited into the district's transportation fund or into the
18		fund from which the allowable expenditures were made.
19		Notwithstanding any other provision of law, any school
20		district receiving a payment under this Section or under
21		Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
22		classify all or a portion of the funds that it receives in a
23		particular fiscal year or from State aid pursuant to Section
24		18-8.15 of this Code as funds received in connection with any
25		funding program for which it is entitled to receive funds from
26		the State in that fiscal year (including, without limitation,

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1		any funding program referenced in this Section), regardless of
2		the source or timing of the receipt. The district may not
3		classify more funds as funds received in connection with the
4		funding program than the district is entitled to receive in
5		that fiscal year for that program. Any classification by a
6		district must be made by a resolution of its board of
7		education. The resolution must identify the amount of any
8		payments or general State aid to be classified under this
9		paragraph and must specify the funding program to which the
10		funds are to be treated as received in connection therewith.
11		This resolution is controlling as to the classification of
12		funds referenced therein. A certified copy of the resolution
13		must be sent to the State Superintendent of Education. The
14		resolution shall still take effect even though a copy of the
15		resolution has not been sent to the State Superintendent of
16		Education in a timely manner. No classification under this
17		paragraph by a district shall affect the total amount or
18		timing of money the district is entitled to receive under this
19		Code. No classification under this paragraph by a district
20		shall in any way relieve the district from or affect any
21		requirements that otherwise would apply with respect to that
22		funding program, including any accounting of funds by source,
23		reporting expenditures by original source and purpose,
24		reporting requirements, or requirements of providing services.
25		Any school district with a population of not more than
26		500,000 must deposit all funds received under this Article

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1		into the transportation fund and use those funds for the
2		provision of transportation services.
3		(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
4		Section 3-35. The Early Childhood Access Consortium for
5		Equity Act is amended by changing Sections 15, 20, 25, and 30
6		as follows:
7		(110 ILCS 28/15)
8		Sec. 15. Creation of Consortium; purpose; administrative
9		support.
10		(a) The Board of Higher Education and the Illinois
11		Community College Board shall create and establish the Early
12		Childhood Access Consortium for Equity.
13		(b) The purpose of the Consortium is to serve the needs of
14		the incumbent early childhood workforce and the employers of
15		early childhood educators and to advance racial equity while
16		meeting the needs of employers by streamlining, coordinating,
17		and improving the accessibility of degree completion pathways
18		for upskilling and the sustained expansion of educational
19		pipelines at Illinois institutions of higher education.
20		(c) The Board of Higher Education and the Illinois
21		Community College Board shall convene the member institutions
22		by July 1, 2021 or within 60 days after the effective date of
23		this amendatory Act of the 102nd General Assembly. The Board
24		of Higher Education and the Illinois Community College Board

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1		shall provide administrative support for the start up and
2		operation of the Consortium until a permanent governance
3		structure is developed and implemented. The Board of Higher
4		Education and the Illinois Community College Board shall work
5		with member institutions to establish geographic regional
6		hubs, including public universities and the proximate
7		community colleges responsible for serving each regional hub.
8		(Source: P.A. 102-174, eff. 7-28-21.)
9		(110 ILCS 28/20)
10		Sec. 20. Membership; functions.
11		(a) Membership in the Consortium shall include all public
12		universities and community colleges in this State that offer
13		early childhood programs. Membership by private,
14		not-for-profit universities is optional and conditional on the
15		acceptance of the terms adopted by the public members, the
16		related administrative rules, and the provisions of this Act.
17		For-profit institutions of higher education are not eligible
18		for membership in the Consortium. Participating institutions
19		must be accredited by the Higher Learning Commission and
20		entitled to offer Gateways Credentials.
21		(b) The members of the Consortium shall operate jointly
22		and in cooperation through regional hubs to provide
23		streamlined paths for students to attain associate degrees,
24		bachelor's degrees, master's degrees, certificates, and
25		Gateways Credentials and other licensure endorsements in early

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1		childhood education. The priority shall be to focus on the
2		incumbent workforce, which includes working adults who require
3		programs of study that offer flexibility in the times courses
4		are offered, location, and format. The Consortium shall
5		cooperate in all of the following:
6		(1) Providing course offerings within each regional
7		hub in online, hybrid, and in-person formats that are
8		available to any student enrolled in a member institution
9		in that hub for occasions in which a particular course is
10		not available at the student's home institution. In this
11		paragraph (1), "not available" may mean the course is not
12		offered during a term, at a time, or in a format that works
13		best for the student. Courses taken at any member
14		institution shall be accepted toward the student's degree
15		at any other member institution. Course offerings across
16		institutions regional hubs may also be provided by an
17		agreement between Consortium members. All course
18		registration shall take place in consultation with a
19		student's academic advisor.
20		(2) Shared responsibilities through the Consortium and
21		within and across the State regional hubs to expand access
22		for students.
23		(3) Transfers in accordance with Section 130-10 of the
24		Transitions in Education Act.
25		(4) The development of standardized methods for
26		awarding credit for prior learning.

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1		(5) The support necessary for student access,
2		persistence, and completion shall be provided by the home
3		institution, unless otherwise provided by agreement
4		between Consortium members.
5		(6) Admissions, financial arrangements, registration,
6		and advising services shall be functions of the home
7		institution but shall be honored across the Consortium.
8		(7) Member institutions working with their regional
9		pre-kindergarten through 12th grade and early childhood
10		employer partners to determine demand throughout the
11		region.
12		(8) Data-sharing agreements.
13		(9) An agreement that students enrolled in associate
14		degree programs are encouraged to complete the associate
15		degree program prior to transferring to a bachelor's
16		degree program.
17		(10) Development of other shared agreements and terms
18		necessary to implement the Consortium and its
19		responsibilities.
20		By January 31, 2022, the Consortium shall decide how to
21		assign college credit for the incumbent workers who have a
22		Child Development Associate (CDA) credential and for future
23		workers obtaining a CDA.
24		(c) The Consortium may facilitate or implement the
25		following if deemed beneficial and feasible:
26		(1) the creation of an open education resource

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1		library;
2		(2) support and training for program coaches and
3		cross-institutional navigators; and
4		(3) support for the development, implementation, and
5		participation in a statewide registry system through the
6		Illinois Network of Child Care Resource and Referral
7		Agencies (INCCRRA) to provide tracking and data
8		capabilities for students across the system as they attain
9		competency through coursework.
10		(Source: P.A. 102-174, eff. 7-28-21.)
11		(110 ILCS 28/25)
12		Sec. 25. Advisory committee; membership.
13		(a) The Board of Higher Education, the Illinois Community
14		College Board, the State Board of Education, the Department of
15		Human Services, and the Governor's Office of Early Childhood
16		Development shall jointly convene a Consortium advisory
17		committee to provide guidance on the operation of the
18		Consortium.
19		(b) Membership on the advisory committee shall be
20		comprised of employers and experts appointed by the Board of
21		Higher Education, the Illinois Community College Board, the
22		Governor's Office of Early Childhood Development, and the
23		State Board of Education. Membership shall also include all of
24		the following members:
25		(1) An employer from a community-based child care

HB4959 Enrolled - 87 - LRB103 36303 SPS 66401 b
1		provider, appointed by the Governor's Office of Early
2		Childhood Development.
3		(2) An employer from a for-profit child care provider,
4		appointed by the Governor's Office of Early Childhood
5		Development.
6		(3) An employer from a nonprofit child care provider,
7		appointed by the Governor's Office of Early Childhood
8		Development.
9		(4) A provider of family child care, appointed by the
10		Governor's Office of Early Childhood Development.
11		(5) An employer located in southern Illinois,
12		appointed by the Governor's Office of Early Childhood
13		Development.
14		(6) An employer located in central Illinois, appointed
15		by the Governor's Office of Early Childhood Development.
16		(7) At least one member who represents an urban school
17		district, appointed by the State Board of Education.
18		(8) At least one member who represents a suburban
19		school district, appointed by the State Board of
20		Education.
21		(9) At least one member who represents a rural school
22		district, appointed by the State Board of Education.
23		(10) At least one member who represents a school
24		district in a city with a population of 500,000 or more,
25		appointed by the State Board of Education.
26		(11) Two early childhood advocates with statewide

HB4959 Enrolled - 88 - LRB103 36303 SPS 66401 b
1		expertise in early childhood workforce issues, appointed
2		by the Governor's Office of Early Childhood Development.
3		(12) The Chairperson or Vice-Chairperson and the
4		Minority Spokesperson or a designee of the Senate
5		Committee on Higher Education.
6		(13) The Chairperson or Vice-Chairperson and the
7		Minority Spokesperson or a designee of the House Committee
8		on Higher Education.
9		(14) One member representing the Illinois Community
10		College Board, who shall serve as co-chairperson,
11		appointed by the Illinois Community College Board.
12		(15) One member representing the Board of Higher
13		Education, who shall serve as co-chairperson, appointed by
14		the Board of Higher Education.
15		(16) One member representing the Illinois Student
16		Assistance Commission, appointed by the Illinois Student
17		Assistance Commission Board of Higher Education.
18		(17) One member representing the State Board of
19		Education, who shall serve as co-chairperson, appointed by
20		the State Board of Education.
21		(18) One member representing the Governor's Office of
22		Early Childhood Development, who shall serve as
23		co-chairperson, appointed by the Governor's Office of
24		Early Childhood Development.
25		(19) One member representing the Department of Human
26		Services, who shall serve as co-chairperson, appointed by

HB4959 Enrolled - 89 - LRB103 36303 SPS 66401 b
1		the Governor's Office of Early Childhood Development.
2		(20) One member representing INCCRRA, appointed by the
3		Governor's Office of Early Childhood Development.
4		(21) One member representing the Department of
5		Children and Family Services, appointed by the Governor's
6		Office of Early Childhood Development.
7		(22) One member representing an organization that
8		advocates on behalf of community college trustees,
9		appointed by the Illinois Community College Board.
10		(23) One member of a union representing child care and
11		early childhood providers, appointed by the Governor's
12		Office of Early Childhood Development.
13		(24) Two members of unions representing higher
14		education faculty, appointed by the Board of Higher
15		Education.
16		(25) A representative from the College of Education of
17		an urban public university, appointed by the Board of
18		Higher Education.
19		(26) A representative from the College of Education of
20		a suburban public university, appointed by the Board of
21		Higher Education.
22		(27) A representative from the College of Education of
23		a rural public university, appointed by the Board of
24		Higher Education.
25		(28) A representative from the College of Education of
26		a private university, appointed by the Board of Higher

HB4959 Enrolled - 90 - LRB103 36303 SPS 66401 b
1		Education.
2		(29) A representative of an urban community college,
3		appointed by the Illinois Community College Board.
4		(30) A representative of a suburban community college,
5		appointed by the Illinois Community College Board.
6		(31) A representative of rural community college,
7		appointed by the Illinois Community College Board.
8		(c) The advisory committee shall meet at least twice a
9		year quarterly. The committee meetings shall be open to the
10		public in accordance with the provisions of the Open Meetings
11		Act.
12		(d) Except for the co-chairpersons of the advisory
13		committee, the initial terms for advisory committee members
14		after the effective date of this amendatory Act of the 103rd
15		General Assembly shall be set by lottery at the first meeting
16		after the effective date of this amendatory Act of the 103rd
17		General Assembly as follows:
18		(1) One-third of members shall serve a 1-year term.
19		(2) One-third of members shall serve a 2-year term.
20		(3) One-third of members shall serve a 3-year term.
21		(e) The initial term of co-chairpersons of the advisory
22		committee shall be for 3 years.
23		(f) After the initial term, each subsequent term for the
24		members of the advisory committee shall be for 3 years or until
25		a successor is appointed.
26		(g) The members of the advisory committee shall serve

HB4959 Enrolled - 91 - LRB103 36303 SPS 66401 b
1		without compensation, but shall be entitled to reimbursement
2		for all necessary expenses incurred in the performance of
3		their official duties as members of the advisory committee
4		from funds appropriated for that purpose.
5		(Source: P.A. 102-174, eff. 7-28-21.)
6		(110 ILCS 28/30)
7		Sec. 30. Reporting. The Consortium shall report to the
8		General Assembly, to the Senate and House Committees with
9		oversight over higher education, to the Governor, and to the
10		advisory committee on the progress made by the Consortium. A
11		report must include, but is not limited to, all of the
12		following information:
13		(1) Student enrollment numbers by academic year for
14		the fall and spring terms or semesters, retention rates,
15		persistence, and completion in relevant associate,
16		baccalaureate, and credential programs, including
17		demographic data that is disaggregated by race, ethnicity,
18		geography, higher education sector, and federal Pell Grant
19		status, reported annually twice per year. Completion
20		numbers and rates, employer type, and years worked shall
21		be reported annually.
22		(2) For students enrolled in early childhood programs,
23		average assessed tuition, average Tuition rates charged
24		and net price, number of students receiving student loans,
25		and average loan amount prices paid, reported both as

HB4959 Enrolled - 92 - LRB103 36303 SPS 66401 b
1		including and excluding student loans, by enrolled members
2		of the incumbent workforce, reported annually.
3		(3) Outreach plans to recruit and enroll incumbent
4		workforce members, reported annually twice per year.
5		(4) Participation of the incumbent workforce in
6		outreach programs, which may include participation in an
7		informational session, social media engagement, or other
8		activities, reported annually twice per year.
9		(5) Student academic and holistic support plans to
10		help the enrolled incumbent workforce persist in their
11		education, reported annually.
12		(6) Evidence of engagement and responsiveness to the
13		needs of employer partners, reported annually.
14		(7) The Consortium budget including the use of federal
15		funds, reported annually.
16		(8) Member contributions, including financial,
17		physical, or in-kind contributions, provided to the
18		Consortium, reported annually.
19		(9) Information on Early Childhood Access Consortium
20		for Equity Scholarships awarded under the Higher Education
21		Student Assistance Act, including demographic data that is
22		disaggregated by race and ethnicity, federal Pell Grant
23		eligibility status, geography, age, gender, and higher
24		education sector, reported annually. Employer type and
25		years worked, as provided by students via the scholarship
26		application, reported annually. To the extent possible

HB4959 Enrolled - 93 - LRB103 36303 SPS 66401 b
1		given available data and resources, information on
2		scholarship recipients' subsequent employment in the early
3		childhood care and education field in this State.
4		(Source: P.A. 102-174, eff. 7-28-21.)
5		Section 3-37. The Higher Education Student Assistance Act
6		is amended by adding Section 65.125 as follows:
7		(110 ILCS 947/65.125 new)
8		Sec. 65.125. Early Childhood Access Consortium for Equity
9		Scholarship Program.
10		(a) As used in this Section, "incumbent workforce" has the
11		meaning ascribed to that term in the Early Childhood Access
12		Consortium for Equity Act.
13		(b) Subject to appropriation, the Commission shall
14		implement and administer an early childhood educator
15		scholarship program, to be known as the Early Childhood Access
16		Consortium for Equity Scholarship Program. Under the Program,
17		the Commission shall annually award scholarships to early
18		childhood education students enrolled in institutions of
19		higher education participating in the Early Childhood Access
20		Consortium for Equity under the Early Childhood Access
21		Consortium for Equity Act with preference given to members of
22		the incumbent workforce.
23		(c) To ensure alignment with Consortium goals and changing
24		workforce needs, the Commission shall work in partnership with

HB4959 Enrolled - 94 - LRB103 36303 SPS 66401 b
1		the Board of Higher Education and the Illinois Community
2		College Board in program design, and the Board of Higher
3		Education and the Illinois Community College Board shall
4		solicit feedback from the Consortium advisory committee
5		established under Section 25 of the Early Childhood Access
6		Consortium for Equity Act.
7		(d) In awarding a scholarship under this Section, the
8		Commission may give preference to applicants who received a
9		scholarship under this Section during the prior academic year,
10		to applicants with financial need, or both.
11		(e) Prior to receiving scholarship assistance for any
12		academic year, each recipient of a scholarship awarded under
13		this Section shall be required by the Commission to sign an
14		agreement under which the recipient pledges to continue or
15		return to teaching or direct services in the early childhood
16		care and education field in this State after they complete
17		their program of study.
18		(f) The Commission may adopt any rules necessary to
19		implement and administer the Program.
20		Section 3-45. The Illinois Horse Racing Act of 1975 is
21		amended by changing Section 28.1 as follows:
22		(230 ILCS 5/28.1)
23		Sec. 28.1. Payments.
24		(a) Beginning on January 1, 2000, moneys collected by the

HB4959 Enrolled - 95 - LRB103 36303 SPS 66401 b
1		Department of Revenue and the Racing Board pursuant to Section
2		26 or Section 27 of this Act shall be deposited into the Horse
3		Racing Fund, which is hereby created as a special fund in the
4		State Treasury.
5		(b) Appropriations, as approved by the General Assembly,
6		may be made from the Horse Racing Fund to the Board to pay the
7		salaries of the Board members, secretary, stewards, directors
8		of mutuels, veterinarians, representatives, accountants,
9		clerks, stenographers, inspectors and other employees of the
10		Board, and all expenses of the Board incident to the
11		administration of this Act, including, but not limited to, all
12		expenses and salaries incident to the taking of saliva and
13		urine samples in accordance with the rules and regulations of
14		the Board.
15		(c) (Blank).
16		(d) Beginning January 1, 2000, payments to all programs in
17		existence on the effective date of this amendatory Act of 1999
18		that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
19		and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
20		of Section 30, and subsections (a), (b), (c), (d), (e), (f),
21		(g), and (h) of Section 31 shall be made from the General
22		Revenue Fund at the funding levels determined by amounts paid
23		under this Act in calendar year 1998. Beginning on the
24		effective date of this amendatory Act of the 93rd General
25		Assembly, payments to the Peoria Park District shall be made
26		from the General Revenue Fund at the funding level determined

HB4959 Enrolled - 96 - LRB103 36303 SPS 66401 b
1		by amounts paid to that park district for museum purposes
2		under this Act in calendar year 1994.
3		If an inter-track wagering location licensee's facility
4		changes its location, then the payments associated with that
5		facility under this subsection (d) for museum purposes shall
6		be paid to the park district in the area where the facility
7		relocates, and the payments shall be used for museum purposes.
8		If the facility does not relocate to a park district, then the
9		payments shall be paid to the taxing district that is
10		responsible for park or museum expenditures.
11		(e) Beginning July 1, 2006, the payment authorized under
12		subsection (d) to museums and aquariums located in park
13		districts of over 500,000 population shall be paid to museums,
14		aquariums, and zoos in amounts determined by Museums in the
15		Park, an association of museums, aquariums, and zoos located
16		on Chicago Park District property.
17		(f) Beginning July 1, 2007, the Children's Discovery
18		Museum in Normal, Illinois shall receive payments from the
19		General Revenue Fund at the funding level determined by the
20		amounts paid to the Miller Park Zoo in Bloomington, Illinois
21		under this Section in calendar year 2006.
22		(g) On July 3, 2024 2023, the Comptroller shall order
23		transferred and the Treasurer shall transfer $3,200,000
24		$5,100,000 from the Horse Racing Fund to the Horse Racing
25		Purse Equity Fund.
26		(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)

HB4959 Enrolled - 97 - LRB103 36303 SPS 66401 b
1		Section 3-50. The Illinois Public Aid Code is amended by
2		changing Section 5-5.4 as follows:
3		(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
4		Sec. 5-5.4. Standards of payment; Department Payment -
5		Department of Healthcare and Family Services. The Department
6		of Healthcare and Family Services shall develop standards of
7		payment of nursing facility and ICF/DD services in facilities
8		providing such services under this Article which:
9		(1) Provide for the determination of a facility's payment
10		for nursing facility or ICF/DD services on a prospective
11		basis. The amount of the payment rate for all nursing
12		facilities certified by the Department of Public Health under
13		the ID/DD Community Care Act or the Nursing Home Care Act as
14		Intermediate Care for the Developmentally Disabled facilities,
15		Long Term Care for Under Age 22 facilities, Skilled Nursing
16		facilities, or Intermediate Care facilities under the medical
17		assistance program shall be prospectively established annually
18		on the basis of historical, financial, and statistical data
19		reflecting actual costs from prior years, which shall be
20		applied to the current rate year and updated for inflation,
21		except that the capital cost element for newly constructed
22		facilities shall be based upon projected budgets. The annually
23		established payment rate shall take effect on July 1 in 1984
24		and subsequent years. No rate increase and no update for

HB4959 Enrolled - 98 - LRB103 36303 SPS 66401 b
1		inflation shall be provided on or after July 1, 1994, unless
2		specifically provided for in this Section. The changes made by
3		Public Act 93-841 extending the duration of the prohibition
4		against a rate increase or update for inflation are effective
5		retroactive to July 1, 2004.
6		For facilities licensed by the Department of Public Health
7		under the Nursing Home Care Act as Intermediate Care for the
8		Developmentally Disabled facilities or Long Term Care for
9		Under Age 22 facilities, the rates taking effect on July 1,
10		1998 shall include an increase of 3%. For facilities licensed
11		by the Department of Public Health under the Nursing Home Care
12		Act as Skilled Nursing facilities or Intermediate Care
13		facilities, the rates taking effect on July 1, 1998 shall
14		include an increase of 3% plus $1.10 per resident-day, as
15		defined by the Department. For facilities licensed by the
16		Department of Public Health under the Nursing Home Care Act as
17		Intermediate Care Facilities for the Developmentally Disabled
18		or Long Term Care for Under Age 22 facilities, the rates taking
19		effect on January 1, 2006 shall include an increase of 3%. For
20		facilities licensed by the Department of Public Health under
21		the Nursing Home Care Act as Intermediate Care Facilities for
22		the Developmentally Disabled or Long Term Care for Under Age
23		22 facilities, the rates taking effect on January 1, 2009
24		shall include an increase sufficient to provide a $0.50 per
25		hour wage increase for non-executive staff. For facilities
26		licensed by the Department of Public Health under the ID/DD

HB4959 Enrolled - 99 - LRB103 36303 SPS 66401 b
1		Community Care Act as ID/DD Facilities the rates taking effect
2		within 30 days after July 6, 2017 (the effective date of Public
3		Act 100-23) shall include an increase sufficient to provide a
4		$0.75 per hour wage increase for non-executive staff. The
5		Department shall adopt rules, including emergency rules under
6		subsection (y) of Section 5-45 of the Illinois Administrative
7		Procedure Act, to implement the provisions of this paragraph.
8		For facilities licensed by the Department of Public Health
9		under the ID/DD Community Care Act as ID/DD Facilities and
10		under the MC/DD Act as MC/DD Facilities, the rates taking
11		effect within 30 days after June 5, 2019 (the effective date of
12		Public Act 101-10) shall include an increase sufficient to
13		provide a $0.50 per hour wage increase for non-executive
14		front-line personnel, including, but not limited to, direct
15		support persons, aides, front-line supervisors, qualified
16		intellectual disabilities professionals, nurses, and
17		non-administrative support staff. The Department shall adopt
18		rules, including emergency rules under subsection (bb) of
19		Section 5-45 of the Illinois Administrative Procedure Act, to
20		implement the provisions of this paragraph.
21		For facilities licensed by the Department of Public Health
22		under the Nursing Home Care Act as Intermediate Care for the
23		Developmentally Disabled facilities or Long Term Care for
24		Under Age 22 facilities, the rates taking effect on July 1,
25		1999 shall include an increase of 1.6% plus $3.00 per
26		resident-day, as defined by the Department. For facilities

HB4959 Enrolled - 100 - LRB103 36303 SPS 66401 b
1		licensed by the Department of Public Health under the Nursing
2		Home Care Act as Skilled Nursing facilities or Intermediate
3		Care facilities, the rates taking effect on July 1, 1999 shall
4		include an increase of 1.6% and, for services provided on or
5		after October 1, 1999, shall be increased by $4.00 per
6		resident-day, as defined by the Department.
7		For facilities licensed by the Department of Public Health
8		under the Nursing Home Care Act as Intermediate Care for the
9		Developmentally Disabled facilities or Long Term Care for
10		Under Age 22 facilities, the rates taking effect on July 1,
11		2000 shall include an increase of 2.5% per resident-day, as
12		defined by the Department. For facilities licensed by the
13		Department of Public Health under the Nursing Home Care Act as
14		Skilled Nursing facilities or Intermediate Care facilities,
15		the rates taking effect on July 1, 2000 shall include an
16		increase of 2.5% per resident-day, as defined by the
17		Department.
18		For facilities licensed by the Department of Public Health
19		under the Nursing Home Care Act as skilled nursing facilities
20		or intermediate care facilities, a new payment methodology
21		must be implemented for the nursing component of the rate
22		effective July 1, 2003. The Department of Public Aid (now
23		Healthcare and Family Services) shall develop the new payment
24		methodology using the Minimum Data Set (MDS) as the instrument
25		to collect information concerning nursing home resident
26		condition necessary to compute the rate. The Department shall

HB4959 Enrolled - 101 - LRB103 36303 SPS 66401 b
1		develop the new payment methodology to meet the unique needs
2		of Illinois nursing home residents while remaining subject to
3		the appropriations provided by the General Assembly. A
4		transition period from the payment methodology in effect on
5		June 30, 2003 to the payment methodology in effect on July 1,
6		2003 shall be provided for a period not exceeding 3 years and
7		184 days after implementation of the new payment methodology
8		as follows:
9		(A) For a facility that would receive a lower nursing
10		component rate per patient day under the new system than
11		the facility received effective on the date immediately
12		preceding the date that the Department implements the new
13		payment methodology, the nursing component rate per
14		patient day for the facility shall be held at the level in
15		effect on the date immediately preceding the date that the
16		Department implements the new payment methodology until a
17		higher nursing component rate of reimbursement is achieved
18		by that facility.
19		(B) For a facility that would receive a higher nursing
20		component rate per patient day under the payment
21		methodology in effect on July 1, 2003 than the facility
22		received effective on the date immediately preceding the
23		date that the Department implements the new payment
24		methodology, the nursing component rate per patient day
25		for the facility shall be adjusted.
26		(C) Notwithstanding paragraphs (A) and (B), the

HB4959 Enrolled - 102 - LRB103 36303 SPS 66401 b
1		nursing component rate per patient day for the facility
2		shall be adjusted subject to appropriations provided by
3		the General Assembly.
4		For facilities licensed by the Department of Public Health
5		under the Nursing Home Care Act as Intermediate Care for the
6		Developmentally Disabled facilities or Long Term Care for
7		Under Age 22 facilities, the rates taking effect on March 1,
8		2001 shall include a statewide increase of 7.85%, as defined
9		by the Department.
10		Notwithstanding any other provision of this Section, for
11		facilities licensed by the Department of Public Health under
12		the Nursing Home Care Act as skilled nursing facilities or
13		intermediate care facilities, except facilities participating
14		in the Department's demonstration program pursuant to the
15		provisions of Title 77, Part 300, Subpart T of the Illinois
16		Administrative Code, the numerator of the ratio used by the
17		Department of Healthcare and Family Services to compute the
18		rate payable under this Section using the Minimum Data Set
19		(MDS) methodology shall incorporate the following annual
20		amounts as the additional funds appropriated to the Department
21		specifically to pay for rates based on the MDS nursing
22		component methodology in excess of the funding in effect on
23		December 31, 2006:
24		(i) For rates taking effect January 1, 2007,
25		$60,000,000.
26		(ii) For rates taking effect January 1, 2008,

HB4959 Enrolled - 103 - LRB103 36303 SPS 66401 b
1		$110,000,000.
2		(iii) For rates taking effect January 1, 2009,
3		$194,000,000.
4		(iv) For rates taking effect April 1, 2011, or the
5		first day of the month that begins at least 45 days after
6		February 16, 2011 (the effective date of Public Act
7		96-1530), $416,500,000 or an amount as may be necessary to
8		complete the transition to the MDS methodology for the
9		nursing component of the rate. Increased payments under
10		this item (iv) are not due and payable, however, until (i)
11		the methodologies described in this paragraph are approved
12		by the federal government in an appropriate State Plan
13		amendment and (ii) the assessment imposed by Section 5B-2
14		of this Code is determined to be a permissible tax under
15		Title XIX of the Social Security Act.
16		Notwithstanding any other provision of this Section, for
17		facilities licensed by the Department of Public Health under
18		the Nursing Home Care Act as skilled nursing facilities or
19		intermediate care facilities, the support component of the
20		rates taking effect on January 1, 2008 shall be computed using
21		the most recent cost reports on file with the Department of
22		Healthcare and Family Services no later than April 1, 2005,
23		updated for inflation to January 1, 2006.
24		For facilities licensed by the Department of Public Health
25		under the Nursing Home Care Act as Intermediate Care for the
26		Developmentally Disabled facilities or Long Term Care for

HB4959 Enrolled - 104 - LRB103 36303 SPS 66401 b
1		Under Age 22 facilities, the rates taking effect on April 1,
2		2002 shall include a statewide increase of 2.0%, as defined by
3		the Department. This increase terminates on July 1, 2002;
4		beginning July 1, 2002 these rates are reduced to the level of
5		the rates in effect on March 31, 2002, as defined by the
6		Department.
7		For facilities licensed by the Department of Public Health
8		under the Nursing Home Care Act as skilled nursing facilities
9		or intermediate care facilities, the rates taking effect on
10		July 1, 2001 shall be computed using the most recent cost
11		reports on file with the Department of Public Aid no later than
12		April 1, 2000, updated for inflation to January 1, 2001. For
13		rates effective July 1, 2001 only, rates shall be the greater
14		of the rate computed for July 1, 2001 or the rate effective on
15		June 30, 2001.
16		Notwithstanding any other provision of this Section, for
17		facilities licensed by the Department of Public Health under
18		the Nursing Home Care Act as skilled nursing facilities or
19		intermediate care facilities, the Illinois Department shall
20		determine by rule the rates taking effect on July 1, 2002,
21		which shall be 5.9% less than the rates in effect on June 30,
22		2002.
23		Notwithstanding any other provision of this Section, for
24		facilities licensed by the Department of Public Health under
25		the Nursing Home Care Act as skilled nursing facilities or
26		intermediate care facilities, if the payment methodologies

HB4959 Enrolled - 105 - LRB103 36303 SPS 66401 b
1		required under Section 5A-12 and the waiver granted under 42
2		CFR 433.68 are approved by the United States Centers for
3		Medicare and Medicaid Services, the rates taking effect on
4		July 1, 2004 shall be 3.0% greater than the rates in effect on
5		June 30, 2004. These rates shall take effect only upon
6		approval and implementation of the payment methodologies
7		required under Section 5A-12.
8		Notwithstanding any other provisions of this Section, for
9		facilities licensed by the Department of Public Health under
10		the Nursing Home Care Act as skilled nursing facilities or
11		intermediate care facilities, the rates taking effect on
12		January 1, 2005 shall be 3% more than the rates in effect on
13		December 31, 2004.
14		Notwithstanding any other provision of this Section, for
15		facilities licensed by the Department of Public Health under
16		the Nursing Home Care Act as skilled nursing facilities or
17		intermediate care facilities, effective January 1, 2009, the
18		per diem support component of the rates effective on January
19		1, 2008, computed using the most recent cost reports on file
20		with the Department of Healthcare and Family Services no later
21		than April 1, 2005, updated for inflation to January 1, 2006,
22		shall be increased to the amount that would have been derived
23		using standard Department of Healthcare and Family Services
24		methods, procedures, and inflators.
25		Notwithstanding any other provisions of this Section, for
26		facilities licensed by the Department of Public Health under

HB4959 Enrolled - 106 - LRB103 36303 SPS 66401 b
1		the Nursing Home Care Act as intermediate care facilities that
2		are federally defined as Institutions for Mental Disease, or
3		facilities licensed by the Department of Public Health under
4		the Specialized Mental Health Rehabilitation Act of 2013, a
5		socio-development component rate equal to 6.6% of the
6		facility's nursing component rate as of January 1, 2006 shall
7		be established and paid effective July 1, 2006. The
8		socio-development component of the rate shall be increased by
9		a factor of 2.53 on the first day of the month that begins at
10		least 45 days after January 11, 2008 (the effective date of
11		Public Act 95-707). As of August 1, 2008, the
12		socio-development component rate shall be equal to 6.6% of the
13		facility's nursing component rate as of January 1, 2006,
14		multiplied by a factor of 3.53. For services provided on or
15		after April 1, 2011, or the first day of the month that begins
16		at least 45 days after February 16, 2011 (the effective date of
17		Public Act 96-1530), whichever is later, the Illinois
18		Department may by rule adjust these socio-development
19		component rates, and may use different adjustment
20		methodologies for those facilities participating, and those
21		not participating, in the Illinois Department's demonstration
22		program pursuant to the provisions of Title 77, Part 300,
23		Subpart T of the Illinois Administrative Code, but in no case
24		may such rates be diminished below those in effect on August 1,
25		2008.
26		For facilities licensed by the Department of Public Health

HB4959 Enrolled - 107 - LRB103 36303 SPS 66401 b
1		under the Nursing Home Care Act as Intermediate Care for the
2		Developmentally Disabled facilities or as long-term care
3		facilities for residents under 22 years of age, the rates
4		taking effect on July 1, 2003 shall include a statewide
5		increase of 4%, as defined by the Department.
6		For facilities licensed by the Department of Public Health
7		under the Nursing Home Care Act as Intermediate Care for the
8		Developmentally Disabled facilities or Long Term Care for
9		Under Age 22 facilities, the rates taking effect on the first
10		day of the month that begins at least 45 days after January 11,
11		2008 (the effective date of Public Act 95-707) shall include a
12		statewide increase of 2.5%, as defined by the Department.
13		Notwithstanding any other provision of this Section, for
14		facilities licensed by the Department of Public Health under
15		the Nursing Home Care Act as skilled nursing facilities or
16		intermediate care facilities, effective January 1, 2005,
17		facility rates shall be increased by the difference between
18		(i) a facility's per diem property, liability, and malpractice
19		insurance costs as reported in the cost report filed with the
20		Department of Public Aid and used to establish rates effective
21		July 1, 2001 and (ii) those same costs as reported in the
22		facility's 2002 cost report. These costs shall be passed
23		through to the facility without caps or limitations, except
24		for adjustments required under normal auditing procedures.
25		Rates established effective each July 1 shall govern
26		payment for services rendered throughout that fiscal year,

HB4959 Enrolled - 108 - LRB103 36303 SPS 66401 b
1		except that rates established on July 1, 1996 shall be
2		increased by 6.8% for services provided on or after January 1,
3		1997. Such rates will be based upon the rates calculated for
4		the year beginning July 1, 1990, and for subsequent years
5		thereafter until June 30, 2001 shall be based on the facility
6		cost reports for the facility fiscal year ending at any point
7		in time during the previous calendar year, updated to the
8		midpoint of the rate year. The cost report shall be on file
9		with the Department no later than April 1 of the current rate
10		year. Should the cost report not be on file by April 1, the
11		Department shall base the rate on the latest cost report filed
12		by each skilled care facility and intermediate care facility,
13		updated to the midpoint of the current rate year. In
14		determining rates for services rendered on and after July 1,
15		1985, fixed time shall not be computed at less than zero. The
16		Department shall not make any alterations of regulations which
17		would reduce any component of the Medicaid rate to a level
18		below what that component would have been utilizing in the
19		rate effective on July 1, 1984.
20		(2) Shall take into account the actual costs incurred by
21		facilities in providing services for recipients of skilled
22		nursing and intermediate care services under the medical
23		assistance program.
24		(3) Shall take into account the medical and psycho-social
25		characteristics and needs of the patients.
26		(4) Shall take into account the actual costs incurred by

HB4959 Enrolled - 109 - LRB103 36303 SPS 66401 b
1		facilities in meeting licensing and certification standards
2		imposed and prescribed by the State of Illinois, any of its
3		political subdivisions or municipalities and by the U.S.
4		Department of Health and Human Services pursuant to Title XIX
5		of the Social Security Act.
6		The Department of Healthcare and Family Services shall
7		develop precise standards for payments to reimburse nursing
8		facilities for any utilization of appropriate rehabilitative
9		personnel for the provision of rehabilitative services which
10		is authorized by federal regulations, including reimbursement
11		for services provided by qualified therapists or qualified
12		assistants, and which is in accordance with accepted
13		professional practices. Reimbursement also may be made for
14		utilization of other supportive personnel under appropriate
15		supervision.
16		The Department shall develop enhanced payments to offset
17		the additional costs incurred by a facility serving
18		exceptional need residents and shall allocate at least
19		$4,000,000 of the funds collected from the assessment
20		established by Section 5B-2 of this Code for such payments.
21		For the purpose of this Section, "exceptional needs" means,
22		but need not be limited to, ventilator care and traumatic
23		brain injury care. The enhanced payments for exceptional need
24		residents under this paragraph are not due and payable,
25		however, until (i) the methodologies described in this
26		paragraph are approved by the federal government in an

HB4959 Enrolled - 110 - LRB103 36303 SPS 66401 b
1		appropriate State Plan amendment and (ii) the assessment
2		imposed by Section 5B-2 of this Code is determined to be a
3		permissible tax under Title XIX of the Social Security Act.
4		Beginning January 1, 2014 the methodologies for
5		reimbursement of nursing facility services as provided under
6		this Section 5-5.4 shall no longer be applicable for services
7		provided on or after January 1, 2014.
8		No payment increase under this Section for the MDS
9		methodology, exceptional care residents, or the
10		socio-development component rate established by Public Act
11		96-1530 of the 96th General Assembly and funded by the
12		assessment imposed under Section 5B-2 of this Code shall be
13		due and payable until after the Department notifies the
14		long-term care providers, in writing, that the payment
15		methodologies to long-term care providers required under this
16		Section have been approved by the Centers for Medicare and
17		Medicaid Services of the U.S. Department of Health and Human
18		Services and the waivers under 42 CFR 433.68 for the
19		assessment imposed by this Section, if necessary, have been
20		granted by the Centers for Medicare and Medicaid Services of
21		the U.S. Department of Health and Human Services. Upon
22		notification to the Department of approval of the payment
23		methodologies required under this Section and the waivers
24		granted under 42 CFR 433.68, all increased payments otherwise
25		due under this Section prior to the date of notification shall
26		be due and payable within 90 days of the date federal approval

HB4959 Enrolled - 111 - LRB103 36303 SPS 66401 b
1		is received.
2		On and after July 1, 2012, the Department shall reduce any
3		rate of reimbursement for services or other payments or alter
4		any methodologies authorized by this Code to reduce any rate
5		of reimbursement for services or other payments in accordance
6		with Section 5-5e.
7		For facilities licensed by the Department of Public Health
8		under the ID/DD Community Care Act as ID/DD Facilities and
9		under the MC/DD Act as MC/DD Facilities, subject to federal
10		approval, the rates taking effect for services delivered on or
11		after August 1, 2019 shall be increased by 3.5% over the rates
12		in effect on June 30, 2019. The Department shall adopt rules,
13		including emergency rules under subsection (ii) of Section
14		5-45 of the Illinois Administrative Procedure Act, to
15		implement the provisions of this Section, including wage
16		increases for direct care staff.
17		For facilities licensed by the Department of Public Health
18		under the ID/DD Community Care Act as ID/DD Facilities and
19		under the MC/DD Act as MC/DD Facilities, subject to federal
20		approval, the rates taking effect on the latter of the
21		approval date of the State Plan Amendment for these facilities
22		or the Waiver Amendment for the home and community-based
23		services settings shall include an increase sufficient to
24		provide a $0.26 per hour wage increase to the base wage for
25		non-executive staff. The Department shall adopt rules,
26		including emergency rules as authorized by Section 5-45 of the

HB4959 Enrolled - 112 - LRB103 36303 SPS 66401 b
1		Illinois Administrative Procedure Act, to implement the
2		provisions of this Section, including wage increases for
3		direct care staff.
4		For facilities licensed by the Department of Public Health
5		under the ID/DD Community Care Act as ID/DD Facilities and
6		under the MC/DD Act as MC/DD Facilities, subject to federal
7		approval of the State Plan Amendment and the Waiver Amendment
8		for the home and community-based services settings, the rates
9		taking effect for the services delivered on or after July 1,
10		2020 shall include an increase sufficient to provide a $1.00
11		per hour wage increase for non-executive staff. For services
12		delivered on or after January 1, 2021, subject to federal
13		approval of the State Plan Amendment and the Waiver Amendment
14		for the home and community-based services settings, shall
15		include an increase sufficient to provide a $0.50 per hour
16		increase for non-executive staff. The Department shall adopt
17		rules, including emergency rules as authorized by Section 5-45
18		of the Illinois Administrative Procedure Act, to implement the
19		provisions of this Section, including wage increases for
20		direct care staff.
21		For facilities licensed by the Department of Public Health
22		under the ID/DD Community Care Act as ID/DD Facilities and
23		under the MC/DD Act as MC/DD Facilities, subject to federal
24		approval of the State Plan Amendment, the rates taking effect
25		for the residential services delivered on or after July 1,
26		2021, shall include an increase sufficient to provide a $0.50

HB4959 Enrolled - 113 - LRB103 36303 SPS 66401 b
1		per hour increase for aides in the rate methodology. For
2		facilities licensed by the Department of Public Health under
3		the ID/DD Community Care Act as ID/DD Facilities and under the
4		MC/DD Act as MC/DD Facilities, subject to federal approval of
5		the State Plan Amendment, the rates taking effect for the
6		residential services delivered on or after January 1, 2022
7		shall include an increase sufficient to provide a $1.00 per
8		hour increase for aides in the rate methodology. In addition,
9		for residential services delivered on or after January 1, 2022
10		such rates shall include an increase sufficient to provide
11		wages for all residential non-executive direct care staff,
12		excluding aides, at the federal Department of Labor, Bureau of
13		Labor Statistics' average wage as defined in rule by the
14		Department. The Department shall adopt rules, including
15		emergency rules as authorized by Section 5-45 of the Illinois
16		Administrative Procedure Act, to implement the provisions of
17		this Section.
18		For facilities licensed by the Department of Public Health
19		under the ID/DD Community Care Act as ID/DD facilities and
20		under the MC/DD Act as MC/DD facilities, subject to federal
21		approval of the State Plan Amendment, the rates taking effect
22		for services delivered on or after January 1, 2023, shall
23		include a $1.00 per hour wage increase for all direct support
24		personnel and all other frontline personnel who are not
25		subject to the Bureau of Labor Statistics' average wage
26		increases, who work in residential and community day services

HB4959 Enrolled - 114 - LRB103 36303 SPS 66401 b
1		settings, with at least $0.50 of those funds to be provided as
2		a direct increase to all aide base wages, with the remaining
3		$0.50 to be used flexibly for base wage increases to the rate
4		methodology for aides. In addition, for residential services
5		delivered on or after January 1, 2023 the rates shall include
6		an increase sufficient to provide wages for all residential
7		non-executive direct care staff, excluding aides, at the
8		federal Department of Labor, Bureau of Labor Statistics'
9		average wage as determined by the Department. Also, for
10		services delivered on or after January 1, 2023, the rates will
11		include adjustments to employment-related expenses as defined
12		in rule by the Department. The Department shall adopt rules,
13		including emergency rules as authorized by Section 5-45 of the
14		Illinois Administrative Procedure Act, to implement the
15		provisions of this Section.
16		For facilities licensed by the Department of Public Health
17		under the ID/DD Community Care Act as ID/DD facilities and
18		under the MC/DD Act as MC/DD facilities, subject to federal
19		approval of the State Plan Amendment, the rates taking effect
20		for services delivered on or after January 1, 2024 shall
21		include a $2.50 per hour wage increase for all direct support
22		personnel and all other frontline personnel who are not
23		subject to the Bureau of Labor Statistics' average wage
24		increases and who work in residential and community day
25		services settings. At least $1.25 of the per hour wage
26		increase shall be provided as a direct increase to all aide

HB4959 Enrolled - 115 - LRB103 36303 SPS 66401 b
1		base wages, and the remaining $1.25 of the per hour wage
2		increase shall be used flexibly for base wage increases to the
3		rate methodology for aides. In addition, for residential
4		services delivered on or after January 1, 2024, the rates
5		shall include an increase sufficient to provide wages for all
6		residential non-executive direct care staff, excluding aides,
7		at the federal Department of Labor, Bureau of Labor
8		Statistics' average wage as determined by the Department.
9		Also, for services delivered on or after January 1, 2024, the
10		rates will include adjustments to employment-related expenses
11		as defined in rule by the Department. The Department shall
12		adopt rules, including emergency rules as authorized by
13		Section 5-45 of the Illinois Administrative Procedure Act, to
14		implement the provisions of this Section.
15		For facilities licensed by the Department of Public Health
16		under the ID/DD Community Care Act as ID/DD facilities and
17		under the MC/DD Act as MC/DD facilities, subject to federal
18		approval of a State Plan Amendment, the rates taking effect
19		for services delivered on or after January 1, 2025 shall
20		include a $1.00 per hour wage increase for all direct support
21		personnel and all other frontline personnel who are not
22		subject to the Bureau of Labor Statistics' average wage
23		increases and who work in residential and community day
24		services settings, with at least $0.75 of those funds to be
25		provided as a direct increase to all aide base wages and the
26		remaining $0.25 to be used flexibly for base wage increases to

HB4959 Enrolled - 116 - LRB103 36303 SPS 66401 b
1		the rate methodology for aides. These increases shall not be
2		used by facilities for operational and administrative
3		expenses. In addition, for residential services delivered on
4		or after January 1, 2025, the rates shall include an increase
5		sufficient to provide wages for all residential non-executive
6		direct care staff, excluding aides, at the federal Department
7		of Labor, Bureau of Labor Statistics' average wage as
8		determined by the Department. Also, for services delivered on
9		or after January 1, 2025, the rates will include adjustments
10		to employment-related expenses as defined in rule by the
11		Department. The Department shall adopt rules, including
12		emergency rules as authorized by Section 5-45 of the Illinois
13		Administrative Procedure Act, to implement the provisions of
14		this Section.
15		Notwithstanding any other provision of this Section to the
16		contrary, any regional wage adjuster for facilities located
17		outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
18		and Will shall be no lower than 1.00, and any regional wage
19		adjuster for facilities located within the counties of Cook,
20		DuPage, Kane, Lake, McHenry, and Will shall be no lower than
21		1.15.
22		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23		103-8, eff. 6-7-23.)
24		Section 3-55. The Homelessness Prevention Act is amended
25		by changing Section 12.5 as follows:

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1		(310 ILCS 70/12.5)
2		Sec. 12.5. Administrative costs and case management
3		expenses. On an annual basis, a grantee's administrative costs
4		and case management expenses shall not exceed 20% 15% of the
5		grant amount it receives under the Act.
6		(Source: P.A. 101-280, eff. 1-1-20.)
7		Section 3-57. The Environmental Protection Act is amended
8		by adding Section 9.20 as follows:
9		(415 ILCS 5/9.20 new)
10		Sec. 9.20. Fleet Electrification Incentive Program.
11		(a) In this Section:
12		"Eligible electric vehicle" means an electric truck or
13		electric school bus categorized by the United States
14		Environmental Protection Agency Emissions Classifications,
15		using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6,
16		7, or 8 vehicle, with or without a properly ventilated,
17		conventionally powered heater.
18		"Eligible purchaser" means a person who the Agency
19		determines:
20		(1) is the purchaser of an eligible electric vehicle
21		that is registered in this State or recognized under the
22		International Registration Plan;
23		(2) is domiciled in this State;

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1		(3) in the case of a purchaser who is the lessee of an
2		eligible electric vehicle, is the lessee of the vehicle
3		for a term of at least 60 months; and
4		(4) has demonstrated, to the satisfaction of the
5		Agency, that the eligible electric vehicle will operate
6		within the State for at least 80% of its operational hours
7		once purchased and delivered.
8		"Equity investment eligible community" has the meaning
9		given in the Energy Transition Act.
10		"Program" means the Fleet Electrification Incentive
11		Program established under this Section.
12		"Purchaser" means a fleet owner, operator, or provider
13		that will operate or manage the vehicle for a minimum of 5
14		years after receipt of the vehicle, whether through lease or
15		direct purchase.
16		(b) To promote the use of eligible electric vehicles and
17		to increase access to federal funding programs, the Agency
18		shall establish, by rule, a Fleet Electrification Incentive
19		Program through which it provides eligible purchasers a grant
20		of up to the following base amounts for the purchase of an
21		eligible electric vehicle:
22		(1) $7,500 for a Class 2b vehicle;
23		(2) $45,000 for a Class 3 vehicle;
24		(3) $60,000 for a Class 4 or Class 5 vehicle;
25		(4) $85,000 for a Class 6 or Class 7 vehicle; and
26		(5) $120,000 for a Class 8 vehicle.

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1		In addition, the Agency shall offer increased grant
2		incentives of an additional 65% of the base amount for the
3		purchase of a school bus that will serve a public school
4		district.
5		(c) The Agency shall award grants under the Program to
6		eligible purchasers on a competitive basis according to the
7		availability of funding. The Agency shall use a points-based
8		quantitative evaluation to be determined by the Agency by
9		rule.
10		The Agency shall award additional points to an application
11		from an eligible purchaser whose eligible electric vehicles
12		are to be domiciled in an equity investment eligible
13		community.
14		The Agency shall also award additional points to an
15		eligible purchaser who has negotiated and entered into a
16		collective bargaining agreement at the time of application for
17		the grant.
18		(d) A grant provided under the Program is limited to a
19		maximum award of 80% of the purchase price per eligible
20		electric vehicle. Multiple eligible electric vehicles may be
21		included in each grant under the Program. An eligible
22		purchaser may be awarded multiple grants under the Program;
23		however, the Agency shall have the authority to implement, by
24		rule, a limit on the number of grants awarded to each
25		purchaser.
26		(e) An eligible purchaser shall enter into a grant

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1		agreement with the Agency upon notification from the Agency
2		that the eligible purchaser's application has been approved.
3		Grants under this Section shall be provided by the Agency with
4		the submittal of a paid invoice for reimbursement. An eligible
5		purchaser participating in the Program shall retain ownership
6		of the eligible electric vehicle and meet all applicable
7		project requirements for a minimum 5-year period after the
8		date the eligible purchaser receives the vehicle. Resale of an
9		eligible electric vehicle may be allowed within the 5-year
10		period if necessitated by unforeseen or unavoidable
11		circumstances with approval from the Agency. The Agency shall
12		ensure the resale of an eligible electric vehicle serving a
13		public school or located within an equity investment eligible
14		community shall result in the vehicle servicing a similarly
15		situated community.
16		(f) The deployment of the eligible electric vehicle in the
17		purchaser's fleet is required within 24 months after receipt
18		of notice of approval of the purchaser's Program application.
19		Total completion of the project for which the eligible
20		electric vehicle is purchased or leased must occur within 36
21		months after receipt of grant funds under the Program.
22		(g) A grant under this Section may be combined with other
23		public incentives to support fleet purchasing decisions.
24		Receipt of any other public incentive for an eligible electric
25		vehicle shall not preclude a purchaser from being awarded a
26		grant under this Section. However, the combined total of

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1		governmental incentives, including, but not limited to, tax
2		credits, grants, or vouchers, shall not exceed 80% of the
3		purchase price of the vehicle.
4		(h) The Agency shall set aside 20% of the appropriated
5		funds under the Program for grants to the eligible purchaser
6		of an electric school bus.
7		(i) All awards granted under this Section are subject to
8		appropriation by the General Assembly.
9		Section 3-60. The Open Space Lands Acquisition and
10		Development Act is amended by adding Section 11.1 as follows:
11		(525 ILCS 35/11.1 new)
12		Sec. 11.1. Distressed Local Government Report. No later
13		than March 31, 2025, the Department shall prepare and submit a
14		report to the General Assembly evaluating distressed local
15		governments that received grants under this Act in Fiscal
16		Years 2023, 2024, and 2025. The report shall include the
17		following, at a minimum:
18		(1) a list of the local governments that applied for
19		grants in each fiscal year;
20		(2) a list of the local governments awarded grants and
21		the amount awarded;
22		(3) each grant recipient's total budget;
23		(4) each grant recipient's population;
24		(5) a description of whether the grant recipient

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1		previously received a grant under this Act and, if so, the
2		number of times and whether the local government provided
3		a 50/50 or 90/10 match;
4		(6) a description of whether the project was in a
5		location designated as a disadvantaged community on the
6		Climate and Economic Justice Screening Tool created by the
7		Chair of the Council on Environmental Quality under
8		subsection (a) of Section 222 of Presidential Executive
9		Order 14008 "Tackling the Climate Crisis at Home and
10		Abroad"; and
11		(7) a description of the Department's criteria for
12		waiving the matching criteria for distressed local
13		government grant recipients in fiscal year 2025 that
14		demonstrated their inability to provide any local match.
15		Article 5.
16		Section 5-5. The Illinois Act on the Aging is amended by
17		adding Section 4.01b as follows:
18		(20 ILCS 105/4.01b new)
19		Sec. 4.01b. Indirect cost funds. The Department has the
20		authority to apply for, accept, receive, expend, and
21		administer on behalf of the State any indirect cost
22		reimbursements, funds, or anything else of value made
23		available to the Department from any source for assistance

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1		with programmatic activities or administrative costs related
2		to the Department's programs. Any federal indirect cost
3		reimbursements received by the Department pursuant to this
4		Section shall be deposited into the Department on Aging
5		Federal Indirect Cost Fund, and such moneys shall be expended,
6		subject to appropriation, only for authorized purposes.
7		Section 5-10. The Department of Commerce and Economic
8		Opportunity Law of the Civil Administrative Code of Illinois
9		is amended by changing Sections 605-55, 605-420, and 605-515
10		and by adding Section 605-60 as follows:
11		(20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
12		Sec. 605-55. Contracts and other acts to accomplish
13		Department's duties. To make and enter into contracts,
14		including but not limited to making grants and loans to units
15		of local government, private agencies as defined in the
16		Illinois State Auditing Act, non-profit corporations,
17		educational institutions, and for-profit businesses as
18		authorized pursuant to appropriations by the General Assembly
19		from the Build Illinois Bond Fund, the Rebuild Illinois
20		Projects Fund, the Fund for Illinois' Future, the Capital
21		Development Fund, and the General Revenue Fund, and, for
22		Fiscal Year 2023 only, the Chicago Travel Industry Promotion
23		Fund, and generally to do all things that, in its judgment, may
24		be necessary, proper, and expedient in accomplishing its

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1		duties.
2		(Source: P.A. 102-699, eff. 4-19-22.)
3		(20 ILCS 605/605-60 new)
4		Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is
5		created as a trust fund in the State treasury. The Department
6		is authorized to accept and deposit into the Fund moneys
7		received from any gifts, grants, transfers, or other sources,
8		public or private, unless deposit into a different fund is
9		otherwise mandated. Subject to appropriation, the Department
10		shall use moneys in the Fund to make grants or loans to and
11		enter into contracts with units of local government, local and
12		regional economic development corporations, and not-for-profit
13		organizations for municipal development projects, for the
14		specific purposes established by the terms and conditions of
15		the gift, grant, or award, and for related administrative
16		expenses. As used in this Section, the term "municipal
17		development projects" includes, but is not limited to, grants
18		for reducing food insecurity in urban and rural areas.
19		(20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
20		Sec. 605-420. Workforce, Technology, and Economic
21		Development Fund.
22		(a) The Department may accept gifts, grants, awards,
23		matching contributions, interest income, appropriations, and
24		cost sharings from individuals, businesses, governments, and

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1		other third-party sources, on terms that the Director deems
2		advisable, for any or all of the following purposes:
3		(1) (Blank);
4		(2) to assist economically disadvantaged and other
5		youth to make a successful transition from school to work;
6		(3) to assist other individuals targeted for services
7		through education, training, and workforce development
8		programs to obtain employment-related skills and obtain
9		employment;
10		(4) to identify, develop, commercialize, or promote
11		technology within the State; and
12		(5) to promote economic development within the State.
13		(b) The Workforce, Technology, and Economic Development
14		Fund is created as a special fund in the State Treasury. All On
15		September 1, 2000, or as soon thereafter as may be reasonably
16		practicable, the State Comptroller shall transfer from the
17		Fund into the Title III Social Security and Employment Fund
18		all moneys that were received for the purposes of Section
19		403(a)(5) of the federal Social Security Act and remain
20		unobligated on that date. Beginning on the effective date of
21		this amendatory Act of the 92nd General Assembly, all moneys
22		received under this Section for the purposes of Section
23		403(a)(5) of the federal Social Security Act, except moneys
24		that may be necessary to pay liabilities outstanding as of
25		June 30, 2000, shall be deposited into the Title III Social
26		Security and Employment Fund, and all other moneys received

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1		under this Section shall be deposited into the Workforce,
2		Technology, and Economic Development Fund.
3		Moneys received under this Section are subject to
4		appropriation by the General Assembly may be expended for
5		purposes consistent with the conditions under which those
6		moneys were are received, including, but not limited to, the
7		making of grants and any other purpose authorized by law
8		subject to appropriations made by the General Assembly for
9		those purposes.
10		(Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298,
11		eff. 8-9-01.)
12		(20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
13		Sec. 605-515. Environmental Regulatory Assistance Program.
14		(a) In this Section, except where the context clearly
15		requires otherwise, "small business stationary source" means a
16		business that is owned or operated by a person that employs 100
17		or fewer individuals; is a small business; is not a major
18		stationary source as defined in Titles I and III of the federal
19		1990 Clean Air Act Amendments; does not emit 50 tons or more
20		per year of any regulated pollutant (as defined under the
21		federal Clean Air Act); and emits less than 75 tons per year of
22		all regulated pollutants.
23		(b) The Department may:
24		(1) Provide access to technical and compliance
25		information for Illinois firms, including small and middle

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1		market companies, to facilitate local business compliance
2		with the federal, State, and local environmental
3		regulations.
4		(2) Coordinate and enter into cooperative agreements
5		with a State ombudsman office, which shall be established
6		in accordance with the federal 1990 Clean Air Act
7		Amendments to provide direct oversight to the program
8		established under that Act.
9		(3) Enter into contracts, cooperative agreements, and
10		financing agreements and establish and collect charges and
11		fees necessary or incidental to the performance of duties
12		and the execution of powers under this Section.
13		(4) Accept and expend, subject to appropriation,
14		gifts, grants, awards, funds, contributions, charges,
15		fees, and other financial or nonfinancial aid from
16		federal, State, and local governmental agencies,
17		businesses, educational agencies, not-for-profit
18		organizations, and other entities, for the purposes of
19		this Section.
20		(5) Establish, staff, and administer programs and
21		services and adopt such rules and regulations necessary to
22		carry out the intent of this Section and Section 507,
23		"Small Business Stationary Source Technical and
24		Environmental Compliance Assistance Program", of the
25		federal 1990 Clean Air Act Amendments.
26		(c) The Department's environmental compliance programs and

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1		services for businesses may include, but need not be limited
2		to, the following:
3		(1) Communication and outreach services to or on
4		behalf of individual companies, including collection and
5		compilation of appropriate information on regulatory
6		compliance issues and control technologies, and
7		dissemination of that information through publications,
8		direct mailings, electronic communications, conferences,
9		workshops, one-on-one counseling, and other means of
10		technical assistance.
11		(2) Provision of referrals and access to technical
12		assistance, pollution prevention and facility audits, and
13		otherwise serving as an information clearinghouse on
14		pollution prevention through the coordination of the
15		Illinois Sustainable Technology Center of the University
16		of Illinois. In addition, environmental and regulatory
17		compliance issues and techniques, which may include
18		business rights and responsibilities, applicable
19		permitting and compliance requirements, compliance methods
20		and acceptable control technologies, release detection,
21		and other applicable information may be provided.
22		(3) Coordination with and provision of administrative
23		and logistical support to the State Compliance Advisory
24		Panel.
25		(d) There is hereby created a special fund in the State
26		Treasury to be known as the Small Business Environmental

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1		Assistance Fund. Monies received under subdivision (b)(4) of
2		this Section shall be deposited into the Fund.
3		Monies in the Small Business Environmental Assistance Fund
4		may be used, subject to appropriation, only for the purposes
5		authorized by this Section.
6		(e) Subject to appropriation, the Department may use
7		moneys from the Clean Air Act Permit Fund for the purposes
8		authorized by this Section.
9		(Source: P.A. 98-346, eff. 8-14-13.)
10		Section 5-15. The Renewable Energy, Energy Efficiency, and
11		Coal Resources Development Law of 1997 is amended by changing
12		Section 6-6 as follows:
13		(20 ILCS 687/6-6)
14		(Section scheduled to be repealed on December 31, 2025)
15		Sec. 6-6. Energy efficiency program.
16		(a) For the year beginning January 1, 1998, and thereafter
17		as provided in this Section, each electric utility as defined
18		in Section 3-105 of the Public Utilities Act and each
19		alternative retail electric supplier as defined in Section
20		16-102 of the Public Utilities Act supplying electric power
21		and energy to retail customers located in the State of
22		Illinois shall contribute annually a pro rata share of a total
23		amount of $3,000,000 based upon the number of kilowatt-hours
24		sold by each such entity in the 12 months preceding the year of

HB4959 Enrolled - 130 - LRB103 36303 SPS 66401 b
1		contribution. On or before May 1 of each year, the Illinois
2		Commerce Commission shall determine and notify the Agency of
3		the pro rata share owed by each electric utility and each
4		alternative retail electric supplier based upon information
5		supplied annually to the Illinois Commerce Commission. On or
6		before June 1 of each year, the Agency shall send written
7		notification to each electric utility and each alternative
8		retail electric supplier of the amount of pro rata share they
9		owe. These contributions shall be remitted to the Illinois
10		Environmental Protection Agency on or before June 30 of each
11		year the contribution is due on a return prescribed and
12		furnished by the Illinois Environmental Protection Agency
13		showing such information as the Illinois Environmental
14		Protection Agency may reasonably require. The funds received
15		pursuant to this Section shall be subject to the appropriation
16		of funds by the General Assembly. The Illinois Environmental
17		Protection Agency shall place the funds remitted under this
18		Section in a trust fund, that is hereby created in the State
19		Treasury, called the Energy Efficiency Trust Fund. If an
20		electric utility or alternative retail electric supplier does
21		not remit its pro rata share to the Illinois Environmental
22		Protection Agency, the Illinois Environmental Protection
23		Agency must inform the Illinois Commerce Commission of such
24		failure. The Illinois Commerce Commission may then revoke the
25		certification of that electric utility or alternative retail
26		electric supplier. The Illinois Commerce Commission may not

HB4959 Enrolled - 131 - LRB103 36303 SPS 66401 b
1		renew the certification of any electric utility or alternative
2		retail electric supplier that is delinquent in paying its pro
3		rata share. These changes made to this subsection (a) by
4		Public Act 103-363 this amendatory Act of the 103rd General
5		Assembly apply beginning July 1, 2023.
6		(b) The Agency shall disburse the moneys in the Energy
7		Efficiency Trust Fund to benefit residential electric
8		customers through projects which the Agency has determined
9		will promote energy efficiency in the State of Illinois and to
10		pay the associated operational expenses of the Agency in
11		administering the grant program. The Agency Department of
12		Commerce and Economic Opportunity shall establish a list of
13		projects eligible for grants from the Energy Efficiency Trust
14		Fund including, but not limited to, supporting energy
15		efficiency efforts for low-income households, replacing energy
16		inefficient windows with more efficient windows, replacing
17		energy inefficient appliances with more efficient appliances,
18		replacing energy inefficient lighting with more efficient
19		lighting, insulating dwellings and buildings, using market
20		incentives to encourage energy efficiency, and such other
21		projects which will increase energy efficiency in homes and
22		rental properties.
23		(c) The Agency may, by administrative rule, establish
24		criteria and an application process for this grant program.
25		(d) (Blank).
26		(e) (Blank).

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1		(Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.)
2		Section 5-17. The Department of Natural Resources
3		(Conservation) Law of the Civil Administrative Code of
4		Illinois is amended by changing Section 805-305 as follows:
5		(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
6		Sec. 805-305. Campsites and housing facilities.
7		(a) The Department has the power to provide facilities for
8		overnight tent and trailer campsites and to provide suitable
9		housing facilities for student and juvenile overnight camping
10		groups. The Department of Natural Resources may regulate, by
11		administrative order, the fees to be charged for tent and
12		trailer camping units at individual park areas based upon the
13		facilities available.
14		(b) However, for campsites with access to showers or
15		electricity, any Illinois resident who is age 62 or older or
16		has a Class 2 disability as defined in Section 4A of the
17		Illinois Identification Card Act shall be charged only
18		one-half of the camping fee charged to the general public
19		during the period Monday through Thursday of any week and
20		shall be charged the same camping fee as the general public on
21		all other days. For campsites without access to showers or
22		electricity, no camping fee authorized by this Section shall
23		be charged to any resident of Illinois who has a Class 2
24		disability as defined in Section 4A of the Illinois

HB4959 Enrolled - 133 - LRB103 36303 SPS 66401 b
1		Identification Card Act. For campsites without access to
2		showers or electricity, no camping fee authorized by this
3		Section shall be charged to any resident of Illinois who is age
4		62 or older for the use of a campsite unit during the period
5		Monday through Thursday of any week. No camping fee authorized
6		by this Section shall be charged to any resident of Illinois
7		who is a veteran with a disability or a former prisoner of war,
8		as defined in Section 5 of the Department of Veterans' Affairs
9		Act. No camping fee authorized by this Section shall be
10		charged to any resident of Illinois after returning from
11		service abroad or mobilization by the President of the United
12		States as an active duty member of the United States Armed
13		Forces, the Illinois National Guard, or the Reserves of the
14		United States Armed Forces for the amount of time that the
15		active duty member spent in service abroad or mobilized if the
16		person applies for a pass with the Department within 2 years
17		after returning and provides acceptable verification of
18		service or mobilization to the Department. Any portion of a
19		year that the active duty member spent in service abroad or
20		mobilized shall count as a full year. The procedure by which a
21		person may provide to the Department verification of service
22		abroad or mobilization by the President of the United States
23		shall be set by administrative rule. Nonresidents shall be
24		charged the same fees as are authorized for the general public
25		regardless of age. The Department shall provide by regulation
26		for suitable proof of age, or either a valid driver's license

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1		or a "Golden Age Passport" issued by the federal government
2		shall be acceptable as proof of age. The Department shall
3		further provide by regulation that notice of these reduced
4		admission fees be posted in a conspicuous place and manner.
5		Reduced fees authorized in this Section shall not apply to
6		any charge for utility service.
7		For the purposes of this Section, "acceptable verification
8		of service or mobilization" means official documentation from
9		the Department of Defense or the appropriate Major Command
10		showing mobilization dates or service abroad dates, including:
11		(i) a DD-214, (ii) a letter from the Illinois Department of
12		Military Affairs for members of the Illinois National Guard,
13		(iii) a letter from the Regional Reserve Command for members
14		of the Armed Forces Reserve, (iv) a letter from the Major
15		Command covering Illinois for active duty members, (v)
16		personnel records for mobilized State employees, and (vi) any
17		other documentation that the Department, by administrative
18		rule, deems acceptable to establish dates of mobilization or
19		service abroad.
20		For the purposes of this Section, the term "service
21		abroad" means active duty service outside of the 50 United
22		States and the District of Columbia, and includes all active
23		duty service in territories and possessions of the United
24		States.
25		(c) To promote State campground use and Illinois State
26		Fair attendance, the Department shall waive the camping fees

HB4959 Enrolled - 135 - LRB103 36303 SPS 66401 b
1		for up to 2 nights of camping at Jim Edgar Panther Creek State
2		Fish and Wildlife Area, Sangchris Lake State Park, or
3		Lincoln's New Salem State Historic Site during the period from
4		August 11, 2024 to August 15, 2024 for a camper who:
5		(1) is 18 years of age or older;
6		(2) provides proof of having purchased, between June
7		26, 2024 and July 3, 2024, a season admission ticket
8		booklet from the Department of Agriculture for entry into
9		the 2024 Illinois State Fair in Springfield; and
10		(3) requests the camping fee waiver in person at the
11		time of permit issuance at the State campground.
12		The waivers under this subsection (c) shall be granted on
13		a first-come, first-served basis for a maximum of 40 sites at
14		each of the 3 identified State campgrounds. Fees for utility
15		service are not subject to waiver. Waivers under this
16		subsection (c) are limited to one per camper.
17		(Source: P.A. 102-780, eff. 5-13-22.)
18		Section 5-18. The Department of Innovation and Technology
19		Act is amended by changing Section 1-5 as follows:
20		(20 ILCS 1370/1-5)
21		Sec. 1-5. Definitions. In this Act:
22		"Client agency" means each transferring agency, or its
23		successor, and any other public agency to which the Department
24		provides service to the extent specified in an interagency

HB4959 Enrolled - 136 - LRB103 36303 SPS 66401 b
1		agreement with the public agency.
2		"Dedicated unit" means the dedicated bureau, division,
3		office, or other unit within a transferring agency that is
4		responsible for the information technology functions of the
5		transferring agency.
6		"Department" means the Department of Innovation and
7		Technology.
8		"Information technology" means technology,
9		infrastructure, equipment, systems, software, networks, and
10		processes used to create, send, receive, and store electronic
11		or digital information, including, without limitation,
12		computer systems and telecommunication services and systems.
13		"Information technology" shall be construed broadly to
14		incorporate future technologies that change or supplant those
15		in effect as of the effective date of this Act.
16		"Information technology functions" means the development,
17		procurement, installation, retention, maintenance, operation,
18		possession, storage, and related functions of all information
19		technology.
20		"Secretary" means the Secretary of Innovation and
21		Technology.
22		"State agency" means each State agency, department, board,
23		and commission under the jurisdiction of the Governor.
24		"Transferring agency" means the Department on Aging; the
25		Departments of Agriculture, Central Management Services,
26		Children and Family Services, Commerce and Economic

HB4959 Enrolled - 137 - LRB103 36303 SPS 66401 b
1		Opportunity, Corrections, Employment Security, Financial and
2		Professional Regulation, Healthcare and Family Services, Human
3		Rights, Human Services, Insurance, Juvenile Justice, Labor,
4		Lottery, Military Affairs, Natural Resources, Public Health,
5		Revenue, Transportation, and Veterans' Affairs; the Illinois
6		State Police; the Capital Development Board; the Deaf and Hard
7		of Hearing Commission; the Environmental Protection Agency;
8		the Governor's Office of Management and Budget; the
9		Guardianship and Advocacy Commission; the Abraham Lincoln
10		Presidential Library and Museum; the Illinois Arts Council;
11		the Illinois Council on Developmental Disabilities; the
12		Illinois Emergency Management Agency; the Illinois Gaming
13		Board; the Illinois Liquor Control Commission; the Office of
14		the State Fire Marshal; and the Prisoner Review Board; and the
15		Department of Early Childhood.
16		(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
17		102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
18		Section 5-20. The Illinois Lottery Law is amended by
19		changing Section 21.16 as follows:
20		(20 ILCS 1605/21.16)
21		Sec. 21.16. Illinois DREAM scratch-off.
22		(a) The Department shall offer a special Illinois DREAM
23		instant scratch-off game for the benefit of the Illinois DREAM
24		Fund Commission. The new revenue from the Illinois DREAM

HB4959 Enrolled - 138 - LRB103 36303 SPS 66401 b
1		scratch-off game shall be deposited into the Illinois DREAM
2		Fund, a special fund that is created in the State treasury.
3		Subject to appropriation to the Illinois Student Assistance
4		Commission, money in the Illinois DREAM Fund shall be used to
5		assist in funding scholarships and other statutory
6		responsibilities of the Illinois DREAM Fund Commission. The
7		game shall commence on January 1, 2024 or as soon thereafter as
8		is reasonably practical. The Department shall consult with the
9		Illinois DREAM Fund Commission established under Section 67 of
10		the Higher Education Student Assistance Act regarding the
11		design and promotion of the game.
12		(b) The operation of any games under this Section shall be
13		governed by this Act, and any rules shall be adopted by the
14		Department.
15		(c) For purposes of this Section, "net revenue" means the
16		total amount for which tickets have been sold less the sum of
17		the amount paid out in prizes and the actual administrative
18		expenses of the Department solely related to the Illinois
19		DREAM scratch-off game.
20		(d) During the time that tickets are sold for the Illinois
21		DREAM scratch-off game, the Department shall not unreasonably
22		diminish the efforts devoted to marketing any other instant
23		scratch-off lottery game.
24		(e) The Department may adopt any rules necessary to
25		implement and administer this Section in consultation with the
26		Illinois DREAM Fund Commission.

HB4959 Enrolled - 139 - LRB103 36303 SPS 66401 b
1		(Source: P.A. 103-381, eff. 7-28-23.)
2		Section 5-25. The Illinois Emergency Management Agency Act
3		is amended by changing Section 17.8 as follows:
4		(20 ILCS 3305/17.8)
5		Sec. 17.8. IEMA State Projects Fund. The IEMA State
6		Projects Fund is created as a trust fund in the State treasury.
7		The Fund shall consist of any moneys appropriated to the
8		Agency for purposes of the Illinois' Not-For-Profit Security
9		Grant Program, a grant program authorized by subsection (g-5)
10		of Section 5 of this Act, to provide funding support for target
11		hardening activities and other physical security enhancements
12		for qualifying not-for-profit organizations that are at high
13		risk of terrorist attack. The Agency is authorized to use
14		moneys appropriated from the Fund to make grants to
15		not-for-profit organizations for target hardening activities,
16		security personnel, and physical security enhancements and for
17		the payment of administrative expenses associated with the
18		Not-For-Profit Security Grant Program, except that, beginning
19		July 1, 2024, the Agency shall not award grants under this
20		Section to those entities whose primary purpose is to provide
21		medical or mental health services. As used in this Section,
22		"target hardening activities" include, but are not limited to,
23		the purchase and installation of security equipment on real
24		property owned or leased by the not-for-profit organization.

HB4959 Enrolled - 140 - LRB103 36303 SPS 66401 b
1		Grants, gifts, and moneys from any other source, public or
2		private, may also be deposited into the Fund and used for the
3		purposes authorized by this Act.
4		(Source: P.A. 103-8, eff. 6-7-23.)
5		Section 5-30. The State Finance Act is amended by changing
6		Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3,
7		8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and
8		6z-140 as follows:
9		(30 ILCS 105/5.1015 new)
10		Sec. 5.1015. The Professions Licensure Fund.
11		(30 ILCS 105/5e-2 new)
12		Sec. 5e-2. Transfers from Road Fund. In addition to any
13		other transfers that may be provided for by law, on July 1,
14		2024, or as soon thereafter as practical, the State
15		Comptroller shall direct and the State Treasurer shall
16		transfer the sum of $20,000,000 from the Road Fund to the
17		Federal/State/Local Airport Fund to be used for purposes
18		consistent with Section 11 of Article IX of the Illinois
19		Constitution. This Section is repealed on January 1, 2026.
20		(30 ILCS 105/6z-27)
21		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
22		transferred, appropriated and used only for the purposes

HB4959 Enrolled - 141 - LRB103 36303 SPS 66401 b
1		authorized by, and subject to the limitations and conditions
2		prescribed by, the Illinois State Auditing Act.
3		Within 30 days after July 1, 2024 2023, or as soon
4		thereafter as practical, the State Comptroller shall order
5		transferred and the State Treasurer shall transfer from the
6		following funds moneys in the specified amounts for deposit
7		into the Audit Expense Fund:
8		Attorney General Court Ordered and Voluntary
9		Compliance Payment Projects Fund..................$22,470
10		Aggregate Operations Regulatory Fund.....................$605
11		Agricultural Premium Fund.............................$21,002
12		Attorney General's State Projects and
13		Court Ordered Distribution Fund...................$36,873
14		Anna Veterans Home Fund................................$1,205
15		Appraisal Administration Fund..........................$2,670
16		Attorney General Whistleblower Reward
17		and Protection Fund..................................$938
18		Bank and Trust Company Fund...........................$82,945
19		Brownfields Redevelopment Fund.........................$1,893
20		Cannabis Business Development Fund....................$15,750
21		Cannabis Expungement Fund..............................$2,511
22		Capital Development Board Revolving Fund...............$4,668
23		Care Provider Fund for Persons with
24		a Developmental Disability.........................$6,794
25		CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
26		Cemetery Oversight Licensing and Disciplinary Fund.....$6,187

HB4959 Enrolled - 142 - LRB103 36303 SPS 66401 b
1		Chicago State University Education Improvement Fund...$16,893
2		Chicago Travel Industry Promotion Fund.................$9,146
3		Child Support Administrative Fund......................$2,669
4		Clean Air Act Permit Fund.............................$11,283
5		Coal Technology Development Assistance Fund...........$22,087
6		Community Association Manager
7		Licensing and Disciplinary Fund....................$1,178
8		Commitment to Human Services Fund ...................$259,050
9		Common School Fund ..................................$385,362
10		Community Mental Health Medicaid Trust Fund............$6,972
11		Community Water Supply Laboratory Fund...................$835
12		Credit Union Fund.....................................$21,944
13		Cycle Rider Safety Training Fund.........................$704
14		DCFS Children's Services Fund........................$164,036
15		Department of Business Services Special Operations Fund.$4,564
16		Department of Corrections Reimbursement
17		and Education Fund................................$23,892
18		Design Professionals Administration
19		and Investigation Fund.............................$3,892
20		Department of Human Services Community Services Fund...$6,314
21		Downstate Public Transportation Fund..................$40,428
22		Drivers Education Fund...................................$904
23		Drug Rebate Fund......................................$40,707
24		Drug Treatment Fund......................................$810
25		Drycleaner Environmental Response Trust Fund...........$1,555
26		Education Assistance Fund..........................$2,347,928

HB4959 Enrolled - 143 - LRB103 36303 SPS 66401 b
1		Electric Vehicle Rebate Fund..........................$24,101
2		Energy Efficiency Trust Fund.............................$955
3		Energy Transition Assistance Fund......................$1,193
4		Environmental Protection Permit and Inspection Fund...$17,475
5		Facilities Management Revolving Fund..................$21,298
6		Fair and Exposition Fund.................................$782
7		Federal Asset Forfeiture Fund..........................$1,195
8		Federal High Speed Rail Trust Fund.......................$910
9		Federal Workforce Training Fund......................$113,609
10		Feed Control Fund......................................$1,263
11		Fertilizer Control Fund..................................$778
12		Fire Prevention Fund...................................$4,470
13		Freedom Schools Fund.....................................$636
14		Fund for the Advancement of Education.................$61,767
15		General Professions Dedicated Fund....................$36,108
16		General Revenue Fund..............................$17,653,153
17		Grade Crossing Protection Fund.........................$7,759
18		Hazardous Waste Fund...................................$9,036
19		Health and Human Services Medicaid Trust Fund............$793
20		Healthcare Provider Relief Fund......................$209,863
21		Historic Property Administrative Fund....................$791
22		Horse Racing Fund....................................$233,685
23		Hospital Provider Fund................................$66,984
24		Illinois Affordable Housing Trust Fund................$30,424
25		Illinois Charity Bureau Fund...........................$2,025
26		Illinois Clean Water Fund.............................$18,928

HB4959 Enrolled - 144 - LRB103 36303 SPS 66401 b
1		Illinois Forestry Development Fund....................$13,054
2		Illinois Gaming Law Enforcement Fund...................$1,411
3		IMSA Income Fund......................................$10,499
4		Illinois Military Family Relief Fund...................$2,963
5		Illinois National Guard Construction Fund..............$4,944
6		Illinois Power Agency Operations Fund................$154,375
7		Illinois State Dental Disciplinary Fund................$3,947
8		Illinois State Fair Fund...............................$5,871
9		Illinois State Medical Disciplinary Fund..............$32,809
10		Illinois State Pharmacy Disciplinary Fund.............$10,993
11		Illinois Student Assistance Commission
12		Contracts and Grants Fund............................$950
13		Illinois Veterans Assistance Fund......................$2,738
14		Illinois Veterans' Rehabilitation Fund...................$685
15		Illinois Wildlife Preservation Fund....................$2,646
16		Illinois Workers' Compensation Commission
17		Operations Fund...................................$94,942
18		Illinois Works Fund....................................$5,577
19		Income Tax Refund Fund...............................$232,364
20		Insurance Financial Regulation Fund..................$158,266
21		Insurance Premium Tax Refund Fund.....................$10,972
22		Insurance Producer Administration Fund...............$208,185
23		International Tourism Fund.............................$1,317
24		LaSalle Veterans Home Fund.............................$2,656
25		Law Enforcement Recruitment and Retention Fund........$10,249
26		Law Enforcement Training Fund.........................$28,714

HB4959 Enrolled - 145 - LRB103 36303 SPS 66401 b
1		LEADS Maintenance Fund...................................$573
2		Live and Learn Fund....................................$8,419
3		Local Government Distributive Fund...................$120,745
4		Local Tourism Fund....................................$16,582
5		Long Term Care Ombudsman Fund............................$635
6		Long-Term Care Provider Fund..........................$10,352
7		Manteno Veterans Home Fund.............................$3,941
8		Mental Health Fund.....................................$3,560
9		Mental Health Reporting Fund.............................$878
10		Military Affairs Trust Fund............................$1,017
11		Monitoring Device Driving Permit
12		Administration Fee Fund..............................$657
13		Motor Carrier Safety Inspection Fund...................$1,892
14		Motor Fuel Tax Fund..................................$124,570
15		Motor Vehicle License Plate Fund.......................$6,363
16		Nursing Dedicated and Professional Fund...............$14,671
17		Off-Highway Vehicle Trails Fund........................$1,431
18		Open Space Lands Acquisition and Development Fund.....$67,764
19		Optometric Licensing and Disciplinary Board Fund.........$922
20		Parity Advancement Fund................................$9,349
21		Partners For Conservation Fund........................$25,309
22		Pawnbroker Regulation Fund...............................$659
23		Pension Stabilization Fund.............................$3,009
24		Personal Property Tax Replacement Fund...............$251,569
25		Pesticide Control Fund.................................$4,715
26		Prisoner Review Board Vehicle and Equipment Fund.......$3,035

HB4959 Enrolled - 146 - LRB103 36303 SPS 66401 b
1		Professional Services Fund.............................$3,093
2		Professions Indirect Cost Fund.......................$194,398
3		Public Pension Regulation Fund.........................$3,519
4		Public Transportation Fund...........................$108,264
5		Quincy Veterans Home Fund.............................$25,455
6		Real Estate License Administration Fund...............$27,976
7		Rebuild Illinois Projects Fund.........................$3,682
8		Regional Transportation Authority Occupation and Use Tax
9		Replacement Fund...................................$3,226
10		Registered Certified Public Accountants' Administration
11		and Disciplinary Fund..............................$3,213
12		Renewable Energy Resources Trust Fund..................$2,463
13		Rental Housing Support Program Fund......................$560
14		Residential Finance Regulatory Fund...................$21,672
15		Road Fund............................................$524,729
16		Salmon Fund..............................................$837
17		Savings Bank Regulatory Fund.............................$528
18		School Infrastructure Fund............................$10,122
19		Secretary of State DUI Administration Fund.............$1,021
20		Secretary of State Identification Security and
21		Theft Prevention Fund..............................$4,877
22		Secretary of State Special License Plate Fund..........$1,410
23		Secretary of State Special Services Fund..............$11,665
24		Securities Audit and Enforcement Fund..................$2,279
25		Serve Illinois Commission Fund...........................$950
26		Snowmobile Trail Establishment Fund......................$653

HB4959 Enrolled - 147 - LRB103 36303 SPS 66401 b
1		Solid Waste Management Fund...........................$17,540
2		Special Education Medicaid Matching Fund...............$2,916
3		Sports Wagering Fund..................................$14,696
4		State Police Law Enforcement Administration Fund.......$3,635
5		State and Local Sales Tax Reform Fund..................$6,676
6		State Asset Forfeiture Fund............................$1,445
7		State Aviation Program Fund............................$2,125
8		State Construction Account Fund......................$151,079
9		State Crime Laboratory Fund............................$6,342
10		State Gaming Fund....................................$216,475
11		State Garage Revolving Fund............................$4,892
12		State Lottery Fund...................................$106,169
13		State Pensions Fund .................................$500,000
14		State Police Firearm Services Fund....................$16,049
15		State Police Services Fund............................$20,688
16		State Police Vehicle Fund..............................$7,562
17		State Police Whistleblower Reward
18		and Protection Fund................................$3,858
19		State Small Business Credit Initiative Fund...........$20,739
20		State's Attorneys Appellate
21		Prosecutor's County Fund..........................$20,621
22		Subtitle D Management Fund.............................$2,669
23		Supplemental Low-Income Energy Assistance Fund.......$158,173
24		Tax Compliance and Administration Fund.................$3,789
25		Technology Management Revolving Fund.................$620,435
26		Tobacco Settlement Recovery Fund.......................$4,747

HB4959 Enrolled - 148 - LRB103 36303 SPS 66401 b
1		Tourism Promotion Fund................................$46,998
2		Traffic and Criminal Conviction Surcharge Fund........$41,173
3		Underground Storage Tank Fund.........................$31,314
4		University of Illinois Hospital Services Fund..........$3,257
5		Vehicle Hijacking and Motor Vehicle Theft
6		Prevention and Insurance Verification Trust Fund...$8,183
7		Vehicle Inspection Fund...............................$19,811
8		Weights and Measures Fund..............................$3,636
9		African-American HIV/AIDS Response RESP Fund...........$1,421
10		Agricultural Premium Fund............................$122,719
11		Alzheimer's Awareness Fund.............................$1,499
12		Alzheimer's Disease Research, Care, and Support Fund.....$662
13		Amusement Ride and Patron Safety Fund..................$6,315
14		Assisted Living and & Shared Housing Regulatory
15		House Regulation Fund..............................$2,564
16		Capital Development Board Revolving Fund..............$15,118
17		Care Provider Fund for Persons with a Developmental
18		Disability........................................$15,392
19		Carolyn Adams Ticket For The Cure Grant Fund.............$927
20		CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
21		Driver's License Information
22		System/American Association of
23		Motor Vehicle Administrators
24		network/National Motor Vehicle
25		Title Information Service Trust Fund)..............$5,236
26		Chicago Police Memorial Foundation Fund..................$708

HB4959 Enrolled - 149 - LRB103 36303 SPS 66401 b
1		Chicago State University Education Improvement Fund...$13,666
2		Child Labor and Day and Temporary Labor
3		Services Enforcement Fund.........................$11,991
4		Child Support Administrative Fund......................$5,287
5		Clean Air Act Permit Fund..............................$1,556
6		Coal Technology Development Assistance Fund............$6,936
7		Common School Fund...................................$343,892
8		Community Mental Health Medicaid Trust Fund...........$14,084
9		Corporate Franchise Tax Refund Fund....................$1,096
10		DCFS Children's Services Fund..........................$8,766
11		Death Certificate Surcharge Fund.......................$2,060
12		Death Penalty Abolition Fund...........................$2,448
13		Department of Business Services Service Special
14		Operations Fund...................................$13,889
15		Department of Human Services DHS Community
16		Services Fund......................................$7,970
17		Downstate Public Transportation Fund..................$11,631
18		Dram Shop Fund.......................................$142,500
19		Driver Services Administration Fund....................$1,873
20		Drug Rebate Fund......................................$42,473
21		Drug Treatment Fund....................................$1,767
22		Education Assistance Fund..........................$2,031,292
23		Emergency Public Health Fund...........................$5,162
24		Environmental Protection Permit and Inspection Fund....$1,447
25		Estate Tax Refund Fund...................................$852
26		Facilities Management Revolving Fund..................$50,148

HB4959 Enrolled - 150 - LRB103 36303 SPS 66401 b
1		Facility Licensing Fund................................$5,522
2		Fair and & Exposition Fund.............................$4,248
3		Feed Control Fund......................................$7,709
4		Fertilizer Control Fund................................$6,849
5		Fire Prevention Fund...................................$3,859
6		Fund for the Advancement of Education.................$24,772
7		General Assembly Operations Revolving Rev Fund.........$1,146
8		General Professions Dedicated Fund.....................$4,039
9		General Revenue Fund..............................$17,653,153
10		Governor's Administrative Fund.........................$2,832
11		Governor's Grant Fund.................................$17,709
12		Grade Crossing Protection Fund...........................$930
13		Grant Accountability and / Transparency Fund.............$805
14		Guardianship and & Advocacy Fund......................$14,843
15		Hazardous Waste Fund.....................................$835
16		Health Facility Plan Review Fund.......................$1,776
17		Health and Human Services Service Medicaid Trust Fund..$6,554
18		Healthcare Provider Relief Fund......................$407,107
19		Healthy Smiles Fund......................................$738
20		Home Care Services Agency Licensure Fund...............$3,101
21		Hospital Licensure Fund................................$1,688
22		Hospital Provider Fund...............................$138,829
23		ICCB Federal Trust Fund...............................$9,968
24		ICJIA Violence Prevention Fund...........................$932
25		Illinois IL Affordable Housing Trust Fund.............$17,236
26		Illinois IL Clean Water Fund...........................$2,152

HB4959 Enrolled - 151 - LRB103 36303 SPS 66401 b
1		IL Community College Board
2		Contracts and Grants ...............................9,968
3		Illinois IL Health Facilities Planning Fund............$3,094
4		IMSA Income Fund......................................$12,417
5		Illinois IL Power Agency Operations Fund..............$62,583
6		Illinois IL School Asbestos Abatement Fund...............$784
7		Illinois IL State Fair Fund...........................$29,752
8		Illinois IL State Police Memorial Park Fund..............$681
9		Illinois Telecommunications IL Telecom Access
10		Corporation Fund...................................$1,668
11		Illinois IL Underground Utility Facilities
12		Facility Damage Prevention Fund....................$4,276
13		Illinois IL Veterans' Rehabilitation Fund..............$5,943
14		Illinois IL Workers' Compensation Commission
15		Operations Fund..................................$243,187
16		Income Tax Refund Fund................................$54,420
17		Lead Poisoning Screening, Prevention, and
18		Abatement Fund....................................$16,379
19		Live and Learn Fund...................................$25,492
20		Lobbyist Registration Administration Fund..............$1,471
21		Local Government Distributive Fund....................$44,025
22		Long Term Care Monitor/Receiver Receive Fund..........$42,016
23		Long-Term Long Term Care Provider Fund................$13,537
24		Low-Level Radioactive Low Level Rad Facility
25		Development and Operation Dev & Op Fund..............$618
26		Mandatory Arbitration Fund.............................$2,104

HB4959 Enrolled - 152 - LRB103 36303 SPS 66401 b
1		Medical Special Purposes Purpose Trust Fund..............$786
2		Mental Health Fund.....................................$9,376
3		Mental Health Reporting Fund...........................$1,443
4		Metabolic Screening and & Treatment Fund..............$32,049
5		Monitoring Device Driving Permit Administration
6		Fee Fund...........................................$1,616
7		Motor Fuel Tax Fund...................................$36,238
8		Motor Vehicle License Plate Fund......................$17,694
9		Motor Vehicle Theft Prevention and Insurance
10		Verification Trust.................................10,970
11		Multiple Sclerosis Research Fund.........................$758
12		Nuclear Safety Emergency Preparedness Fund............$26,117
13		Nursing Dedicated and Professional Fund................$2,420
14		Open Space Lands Acquisition and & Development Fund......$658
15		Partners For Conservation Fund........................$89,847
16		Pension Stabilization Fund.............................$1,031
17		Personal Property Tax Replacement Fund...............$290,755
18		Pesticide Control Fund................................$30,513
19		Plumbing Licensure and & Program Fund..................$6,276
20		Police Memorial Committee Fund...........................$813
21		Professional Services Fund............................$72,029
22		Public Health Laboratory Lab Services Revolving
23		Rev Fund...........................................$5,816
24		Public Transportation Fund............................$46,826
25		Public Utility Fund..................................$198,423
26		Radiation Protection Fund.............................$11,034

HB4959 Enrolled - 153 - LRB103 36303 SPS 66401 b
1		Renewable Energy Resources Trust Fund..................$7,834
2		Road Fund............................................$226,150
3		Regional Transportation Authority RTA Occupation
4		and & Use Tax Replacement Fund.....................$1,167
5		School Infrastructure Fund.............................$7,749
6		Secretary of State DUI Administration Fund.............$2,694
7		Secretary of State Identification & Security
8		and Theft Prevention Fund.........................$12,676
9		Secretary of State Police Services Fund..................$717
10		Secretary of State Special License Plate Fund..........$4,203
11		Secretary of State Special Services Fund..............$34,491
12		Securities Audit and Enforcement Fund..................$8,198
13		Solid Waste Management Fund............................$1,613
14		Special Olympics Illinois and Special
15		Children's Charities Fund............................$852
16		Special Education Medicaid Matching Fund...............$5,131
17		Sports Wagering Fund...................................$4,450
18		State and Local Sales Tax Reform Fund..................$2,361
19		State Construction Account Fund.......................$37,865
20		State Gaming Fund.....................................$94,435
21		State Garage Revolving Fund............................$8,977
22		State Lottery Fund...................................$340,323
23		State Pensions Fund..................................$500,000
24		State Treasurer's Bank Services Trust Fund.............$1,295
25		Supreme Court Special Purposes Fund....................$1,722
26		Tattoo and & Body Piercing Establishment

HB4959 Enrolled - 154 - LRB103 36303 SPS 66401 b
1		Registration Fund....................................$950
2		Tax Compliance and & Administration Fund...............$1,483
3		Technology Management Revolving Fund.................$186,193
4		Tobacco Settlement Recovery Fund......................$29,864
5		Tourism Promotion Fund................................$50,155
6		Transportation Regulatory Fund........................$78,256
7		Trauma Center Fund.....................................$1,960
8		Underground Storage Tank Fund..........................$3,630
9		University of Illinois IL Hospital Services Fund.......$6,712
10		Vehicle Hijacking and Motor Vehicle
11		Theft Prevention and Insurance
12		Verification Trust Fund...........................$10,970
13		Vehicle Inspection Fund................................$5,069
14		Weights and Measures Fund.............................$22,129
15		Youth Alcoholism and & Substance Abuse Prevention Fund...$526
16		Notwithstanding any provision of the law to the contrary,
17		the General Assembly hereby authorizes the use of such funds
18		for the purposes set forth in this Section.
19		These provisions do not apply to funds classified by the
20		Comptroller as federal trust funds or State trust funds. The
21		Audit Expense Fund may receive transfers from those trust
22		funds only as directed herein, except where prohibited by the
23		terms of the trust fund agreement. The Auditor General shall
24		notify the trustees of those funds of the estimated cost of the
25		audit to be incurred under the Illinois State Auditing Act for
26		the fund. The trustees of those funds shall direct the State

HB4959 Enrolled - 155 - LRB103 36303 SPS 66401 b
1		Comptroller and Treasurer to transfer the estimated amount to
2		the Audit Expense Fund.
3		The Auditor General may bill entities that are not subject
4		to the above transfer provisions, including private entities,
5		related organizations and entities whose funds are
6		locally-held, for the cost of audits, studies, and
7		investigations incurred on their behalf. Any revenues received
8		under this provision shall be deposited into the Audit Expense
9		Fund.
10		In the event that moneys on deposit in any fund are
11		unavailable, by reason of deficiency or any other reason
12		preventing their lawful transfer, the State Comptroller shall
13		order transferred and the State Treasurer shall transfer the
14		amount deficient or otherwise unavailable from the General
15		Revenue Fund for deposit into the Audit Expense Fund.
16		On or before December 1, 1992, and each December 1
17		thereafter, the Auditor General shall notify the Governor's
18		Office of Management and Budget (formerly Bureau of the
19		Budget) of the amount estimated to be necessary to pay for
20		audits, studies, and investigations in accordance with the
21		Illinois State Auditing Act during the next succeeding fiscal
22		year for each State fund for which a transfer or reimbursement
23		is anticipated.
24		Beginning with fiscal year 1994 and during each fiscal
25		year thereafter, the Auditor General may direct the State
26		Comptroller and Treasurer to transfer moneys from funds

HB4959 Enrolled - 156 - LRB103 36303 SPS 66401 b
1		authorized by the General Assembly for that fund. In the event
2		funds, including federal and State trust funds but excluding
3		the General Revenue Fund, are transferred, during fiscal year
4		1994 and during each fiscal year thereafter, in excess of the
5		amount to pay actual costs attributable to audits, studies,
6		and investigations as permitted or required by the Illinois
7		State Auditing Act or specific action of the General Assembly,
8		the Auditor General shall, on September 30, or as soon
9		thereafter as is practicable, direct the State Comptroller and
10		Treasurer to transfer the excess amount back to the fund from
11		which it was originally transferred.
12		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
13		103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
14		(30 ILCS 105/6z-32)
15		Sec. 6z-32. Partners for Planning and Conservation.
16		(a) The Partners for Conservation Fund (formerly known as
17		the Conservation 2000 Fund) and the Partners for Conservation
18		Projects Fund (formerly known as the Conservation 2000
19		Projects Fund) are created as special funds in the State
20		Treasury. These funds shall be used to establish a
21		comprehensive program to protect Illinois' natural resources
22		through cooperative partnerships between State government and
23		public and private landowners. Moneys in these Funds may be
24		used, subject to appropriation, by the Department of Natural
25		Resources, Environmental Protection Agency, and the Department

HB4959 Enrolled - 157 - LRB103 36303 SPS 66401 b
1		of Agriculture for purposes relating to natural resource
2		protection, planning, recreation, tourism, climate resilience,
3		and compatible agricultural and economic development
4		activities. Without limiting these general purposes, moneys in
5		these Funds may be used, subject to appropriation, for the
6		following specific purposes:
7		(1) To foster sustainable agriculture practices and
8		control soil erosion, sedimentation, and nutrient loss
9		from farmland, including grants to Soil and Water
10		Conservation Districts for conservation practice
11		cost-share grants and for personnel, educational, and
12		administrative expenses.
13		(2) To establish and protect a system of ecosystems in
14		public and private ownership through conservation
15		easements, incentives to public and private landowners,
16		natural resource restoration and preservation, water
17		quality protection and improvement, land use and watershed
18		planning, technical assistance and grants, and land
19		acquisition provided these mechanisms are all voluntary on
20		the part of the landowner and do not involve the use of
21		eminent domain.
22		(3) To develop a systematic and long-term program to
23		effectively measure and monitor natural resources and
24		ecological conditions through investments in technology
25		and involvement of scientific experts.
26		(4) To initiate strategies to enhance, use, and

HB4959 Enrolled - 158 - LRB103 36303 SPS 66401 b
1		maintain Illinois' inland lakes through education,
2		technical assistance, research, and financial incentives.
3		(5) To partner with private landowners and with units
4		of State, federal, and local government and with
5		not-for-profit organizations in order to integrate State
6		and federal programs with Illinois' natural resource
7		protection and restoration efforts and to meet
8		requirements to obtain federal and other funds for
9		conservation or protection of natural resources.
10		(6) To support the State's Nutrient Loss Reduction
11		Strategy, including, but not limited to, funding the
12		resources needed to support the Strategy's Policy Working
13		Group, cover water quality monitoring in support of
14		Strategy implementation, prepare a biennial report on the
15		progress made on the Strategy every 2 years, and provide
16		cost share funding for nutrient capture projects.
17		(7) To provide capacity grants to support soil and
18		water conservation districts, including, but not limited
19		to, developing soil health plans, conducting soil health
20		assessments, peer-to-peer training, convening
21		producer-led dialogues, professional memberships, lab
22		analysis, and and travel stipends for meetings and
23		educational events.
24		(8) To develop guidelines and local soil health
25		assessments for advancing soil health.
26		(b) The State Comptroller and State Treasurer shall

HB4959 Enrolled - 159 - LRB103 36303 SPS 66401 b
1		automatically transfer on the last day of each month,
2		beginning on September 30, 1995 and ending on June 30, 2025
3		2024, from the General Revenue Fund to the Partners for
4		Conservation Fund, an amount equal to 1/10 of the amount set
5		forth below in fiscal year 1996 and an amount equal to 1/12 of
6		the amount set forth below in each of the other specified
7		fiscal years:
8 Fiscal Year Amount 9 1996 $ 3,500,000 10 1997 $ 9,000,000 11 1998 $10,000,000 12 1999 $11,000,000 13 2000 $12,500,000 14 2001 through 2004 $14,000,000 15 2005 $7,000,000 16 2006 $11,000,000 17 2007 $0 18 2008 through 2011 $14,000,000 19 2012 $12,200,000 20 2013 through 2017 $14,000,000 21 2018 $1,500,000 22 2019 $14,000,000 23 2020 $7,500,000 24 2021 through 2023 $14,000,000 25 2024 $18,000,000 26 2025 $14,000,000

HB4959 Enrolled - 160 - LRB103 36303 SPS 66401 b
1		(c) The State Comptroller and State Treasurer shall
2		automatically transfer on the last day of each month beginning
3		on July 31, 2021 and ending June 30, 2022, from the
4		Environmental Protection Permit and Inspection Fund to the
5		Partners for Conservation Fund, an amount equal to 1/12 of
6		$4,135,000.
7		(c-1) The State Comptroller and State Treasurer shall
8		automatically transfer on the last day of each month beginning
9		on July 31, 2022 and ending June 30, 2023, from the
10		Environmental Protection Permit and Inspection Fund to the
11		Partners for Conservation Fund, an amount equal to 1/12 of
12		$5,900,000.
13		(d) There shall be deposited into the Partners for
14		Conservation Projects Fund such bond proceeds and other moneys
15		as may, from time to time, be provided by law.
16		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
17		103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
18		(30 ILCS 105/6z-47)
19		Sec. 6z-47. Fund for Illinois' Future.
20		(a) The Fund for Illinois' Future is hereby created as a
21		special fund in the State Treasury.
22		(b) On June 15, 1999 ( Upon the effective date of Public Act
23		91-38) this amendatory Act of the 91st General Assembly, or as
24		soon as possible thereafter, the Comptroller shall order
25		transferred and the Treasurer shall transfer $260,000,000 from

HB4959 Enrolled - 161 - LRB103 36303 SPS 66401 b
1		the General Revenue Fund to the Fund for Illinois' Future.
2		On July 15, 2000, or as soon as possible thereafter, the
3		Comptroller shall order transferred and the Treasurer shall
4		transfer $260,000,000 from the General Revenue Fund to the
5		Fund for Illinois' Future.
6		Revenues in the Fund for Illinois' Future shall include
7		any other funds appropriated or transferred into the Fund.
8		(c) Moneys in the Fund for Illinois' Future may be
9		appropriated for the making of grants and expenditures for
10		planning, engineering, acquisition, construction,
11		reconstruction, development, improvement, and extension of
12		public infrastructure in the State of Illinois, including
13		grants to local governments for public infrastructure, grants
14		to public elementary and secondary school districts for public
15		infrastructure, grants to universities, colleges, community
16		colleges, and non-profit corporations for public
17		infrastructure, and expenditures for public infrastructure of
18		the State and other related purposes, including but not
19		limited to expenditures for equipment, vehicles, community
20		programs, and recreational facilities.
21		(d) Moneys in the Fund for Illinois' Future may also be
22		appropriated for the making of grants to local governments,
23		public and private elementary and secondary schools,
24		non-profit corporations, and community-based providers for
25		costs associated with violence prevention, community
26		development, educational programs, social services, community

HB4959 Enrolled - 162 - LRB103 36303 SPS 66401 b
1		programs, and operational expenses.
2		(Source: P.A. 91-38, eff. 6-15-99.)
3		(30 ILCS 105/6z-70)
4		Sec. 6z-70. The Secretary of State Identification Security
5		and Theft Prevention Fund.
6		(a) The Secretary of State Identification Security and
7		Theft Prevention Fund is created as a special fund in the State
8		treasury. The Fund shall consist of any fund transfers,
9		grants, fees, or moneys from other sources received for the
10		purpose of funding identification security and theft
11		prevention measures.
12		(b) All moneys in the Secretary of State Identification
13		Security and Theft Prevention Fund shall be used, subject to
14		appropriation, for any costs related to implementing
15		identification security and theft prevention measures.
16		(c) (Blank).
17		(d) (Blank).
18		(e) (Blank).
19		(f) (Blank).
20		(g) (Blank).
21		(h) (Blank).
22		(i) (Blank).
23		(j) (Blank).
24		(k) (Blank).
25		(l) (Blank).

HB4959 Enrolled - 163 - LRB103 36303 SPS 66401 b
1		(m) (Blank).
2		(n) (Blank).
3		(o) (Blank). Notwithstanding any other provision of State
4		law to the contrary, on or after July 1, 2022, and until June
5		30, 2023, in addition to any other transfers that may be
6		provided for by law, at the direction of and upon notification
7		of the Secretary of State, the State Comptroller shall direct
8		and the State Treasurer shall transfer amounts into the
9		Secretary of State Identification Security and Theft
10		Prevention Fund from the designated funds not exceeding the
11		following totals:
12		Division of Corporations Registered Limited
13		Liability Partnership Fund...................$400,000
14		Department of Business Services Special
15		Operations Fund............................$5,500,000
16		Securities Audit and Enforcement Fund..........$4,000,000
17		Corporate Franchise Tax Refund Fund............$4,000,000
18		(p) Notwithstanding any other provision of State law to
19		the contrary, on or after July 1, 2023, and until June 30,
20		2024, in addition to any other transfers that may be provided
21		for by law, at the direction of and upon notification of the
22		Secretary of State, the State Comptroller shall direct and the
23		State Treasurer shall transfer amounts into the Secretary of
24		State Identification Security and Theft Prevention Fund from
25		the designated funds not exceeding the following totals:
26		Division of Corporations Registered Limited

HB4959 Enrolled - 164 - LRB103 36303 SPS 66401 b
1		Liability Partnership Fund..................$400,000
2		Department of Business Services Special
3		Operations Fund...........................$5,500,000
4		Securities Audit and Enforcement Fund.........$4,000,000
5		(q) Notwithstanding any other provision of State law to
6		the contrary, on or after July 1, 2024, and until June 30,
7		2025, in addition to any other transfers that may be provided
8		for by law, at the direction of and upon notification of the
9		Secretary of State, the State Comptroller shall direct and the
10		State Treasurer shall transfer amounts into the Secretary of
11		State Identification Security and Theft Prevention Fund from
12		the designated funds not exceeding the following totals:
13		Division of Corporations Registered Limited
14		Liability Partnership Fund...................$400,000
15		Department of Business Services Special
16		Operations Fund............................$5,500,000
17		Securities Audit and Enforcement Fund..........$4,000,000
18		Corporate Franchise Tax Refund Fund............$3,000,000
19		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
20		103-8, eff. 6-7-23.)
21		(30 ILCS 105/6z-111)
22		Sec. 6z-111. Rebuild Illinois Projects Fund.
23		(a) The Rebuild Illinois Projects Fund is created as a
24		special fund in the State treasury and shall receive moneys
25		from the collection of license fees on initial licenses issued

HB4959 Enrolled - 165 - LRB103 36303 SPS 66401 b
1		for newly licensed gaming facilities or wagering platforms in
2		Fiscal Year 2019 or thereafter, and any other moneys
3		appropriated or transferred to it as provided by law.
4		(b) Money in the Rebuild Illinois Projects Fund shall be
5		used, subject to appropriation, for grants that support
6		community development, including capital projects and other
7		purposes authorized by law.
8		(Source: P.A. 101-30, eff. 6-28-19.)
9		(30 ILCS 105/6z-140 new)
10		Sec. 6z-140. Professions Licensure Fund. The Professions
11		Licensure Fund is created as a special fund in the State
12		treasury. The Fund may receive revenue from any authorized
13		source, including, but not limited to, gifts, grants, awards,
14		transfers, and appropriations. Subject to appropriation, the
15		Department of Financial and Professional Regulation may use
16		moneys in the Fund for costs directly associated with the
17		procurement of electronic data processing software, licenses,
18		or any other information technology system products and for
19		the ongoing costs of electronic data processing software,
20		licenses, or other information technology system products
21		related to the granting, renewal, or administration of all
22		licenses under the Department's jurisdiction.
23		(30 ILCS 105/8.3)
24		Sec. 8.3. Money in the Road Fund shall, if and when the

HB4959 Enrolled - 166 - LRB103 36303 SPS 66401 b
1		State of Illinois incurs any bonded indebtedness for the
2		construction of permanent highways, be set aside and used for
3		the purpose of paying and discharging annually the principal
4		and interest on that bonded indebtedness then due and payable,
5		and for no other purpose. The surplus, if any, in the Road Fund
6		after the payment of principal and interest on that bonded
7		indebtedness then annually due shall be used as follows:
8		first -- to pay the cost of administration of Chapters
9		2 through 10 of the Illinois Vehicle Code, except the cost
10		of administration of Articles I and II of Chapter 3 of that
11		Code, and to pay the costs of the Executive Ethics
12		Commission for oversight and administration of the Chief
13		Procurement Officer appointed under paragraph (2) of
14		subsection (a) of Section 10-20 of the Illinois
15		Procurement Code for transportation; and
16		secondly -- for expenses of the Department of
17		Transportation for construction, reconstruction,
18		improvement, repair, maintenance, operation, and
19		administration of highways in accordance with the
20		provisions of laws relating thereto, or for any purpose
21		related or incident to and connected therewith, including
22		the separation of grades of those highways with railroads
23		and with highways and including the payment of awards made
24		by the Illinois Workers' Compensation Commission under the
25		terms of the Workers' Compensation Act or Workers'
26		Occupational Diseases Act for injury or death of an

HB4959 Enrolled - 167 - LRB103 36303 SPS 66401 b
1		employee of the Division of Highways in the Department of
2		Transportation; or for the acquisition of land and the
3		erection of buildings for highway purposes, including the
4		acquisition of highway right-of-way or for investigations
5		to determine the reasonably anticipated future highway
6		needs; or for making of surveys, plans, specifications and
7		estimates for and in the construction and maintenance of
8		flight strips and of highways necessary to provide access
9		to military and naval reservations, to defense industries
10		and defense-industry sites, and to the sources of raw
11		materials and for replacing existing highways and highway
12		connections shut off from general public use at military
13		and naval reservations and defense-industry sites, or for
14		the purchase of right-of-way, except that the State shall
15		be reimbursed in full for any expense incurred in building
16		the flight strips; or for the operating and maintaining of
17		highway garages; or for patrolling and policing the public
18		highways and conserving the peace; or for the operating
19		expenses of the Department relating to the administration
20		of public transportation programs; or, during fiscal year
21		2023, for the purposes of a grant not to exceed $8,394,800
22		to the Regional Transportation Authority on behalf of PACE
23		for the purpose of ADA/Para-transit expenses; or, during
24		fiscal year 2024, for the purposes of a grant not to exceed
25		$9,108,400 to the Regional Transportation Authority on
26		behalf of PACE for the purpose of ADA/Para-transit

HB4959 Enrolled - 168 - LRB103 36303 SPS 66401 b
1		expenses; or, during fiscal year 2025, for the purposes of
2		a grant not to exceed $10,020,000 to the Regional
3		Transportation Authority on behalf of PACE for the purpose
4		of ADA/Para-transit expenses; or for any of those purposes
5		or any other purpose that may be provided by law.
6		Appropriations for any of those purposes are payable from
7		the Road Fund. Appropriations may also be made from the Road
8		Fund for the administrative expenses of any State agency that
9		are related to motor vehicles or arise from the use of motor
10		vehicles.
11		Beginning with fiscal year 1980 and thereafter, no Road
12		Fund monies shall be appropriated to the following Departments
13		or agencies of State government for administration, grants, or
14		operations; but this limitation is not a restriction upon
15		appropriating for those purposes any Road Fund monies that are
16		eligible for federal reimbursement:
17		1. Department of Public Health;
18		2. Department of Transportation, only with respect to
19		subsidies for one-half fare Student Transportation and
20		Reduced Fare for Elderly, except fiscal year 2023 when no
21		more than $17,570,000 may be expended and except fiscal
22		year 2024 when no more than $19,063,500 may be expended
23		and except fiscal year 2025 when no more than $20,969,900
24		may be expended;
25		3. Department of Central Management Services, except
26		for expenditures incurred for group insurance premiums of

HB4959 Enrolled - 169 - LRB103 36303 SPS 66401 b
1		appropriate personnel;
2		4. Judicial Systems and Agencies.
3		Beginning with fiscal year 1981 and thereafter, no Road
4		Fund monies shall be appropriated to the following Departments
5		or agencies of State government for administration, grants, or
6		operations; but this limitation is not a restriction upon
7		appropriating for those purposes any Road Fund monies that are
8		eligible for federal reimbursement:
9		1. Illinois State Police, except for expenditures with
10		respect to the Division of Patrol and Division of Criminal
11		Investigation;
12		2. Department of Transportation, only with respect to
13		Intercity Rail Subsidies, except fiscal year 2023 when no
14		more than $55,000,000 may be expended and except fiscal
15		year 2024 when no more than $60,000,000 may be expended
16		and except fiscal year 2025 when no more than $67,000,000
17		may be expended, and Rail Freight Services.
18		Beginning with fiscal year 1982 and thereafter, no Road
19		Fund monies shall be appropriated to the following Departments
20		or agencies of State government for administration, grants, or
21		operations; but this limitation is not a restriction upon
22		appropriating for those purposes any Road Fund monies that are
23		eligible for federal reimbursement: Department of Central
24		Management Services, except for awards made by the Illinois
25		Workers' Compensation Commission under the terms of the
26		Workers' Compensation Act or Workers' Occupational Diseases

HB4959 Enrolled - 170 - LRB103 36303 SPS 66401 b
1		Act for injury or death of an employee of the Division of
2		Highways in the Department of Transportation.
3		Beginning with fiscal year 1984 and thereafter, no Road
4		Fund monies shall be appropriated to the following Departments
5		or agencies of State government for administration, grants, or
6		operations; but this limitation is not a restriction upon
7		appropriating for those purposes any Road Fund monies that are
8		eligible for federal reimbursement:
9		1. Illinois State Police, except not more than 40% of
10		the funds appropriated for the Division of Patrol and
11		Division of Criminal Investigation;
12		2. State Officers.
13		Beginning with fiscal year 1984 and thereafter, no Road
14		Fund monies shall be appropriated to any Department or agency
15		of State government for administration, grants, or operations
16		except as provided hereafter; but this limitation is not a
17		restriction upon appropriating for those purposes any Road
18		Fund monies that are eligible for federal reimbursement. It
19		shall not be lawful to circumvent the above appropriation
20		limitations by governmental reorganization or other methods.
21		Appropriations shall be made from the Road Fund only in
22		accordance with the provisions of this Section.
23		Money in the Road Fund shall, if and when the State of
24		Illinois incurs any bonded indebtedness for the construction
25		of permanent highways, be set aside and used for the purpose of
26		paying and discharging during each fiscal year the principal

HB4959 Enrolled - 171 - LRB103 36303 SPS 66401 b
1		and interest on that bonded indebtedness as it becomes due and
2		payable as provided in the Transportation Bond Act, and for no
3		other purpose. The surplus, if any, in the Road Fund after the
4		payment of principal and interest on that bonded indebtedness
5		then annually due shall be used as follows:
6		first -- to pay the cost of administration of Chapters
7		2 through 10 of the Illinois Vehicle Code; and
8		secondly -- no Road Fund monies derived from fees,
9		excises, or license taxes relating to registration,
10		operation and use of vehicles on public highways or to
11		fuels used for the propulsion of those vehicles, shall be
12		appropriated or expended other than for costs of
13		administering the laws imposing those fees, excises, and
14		license taxes, statutory refunds and adjustments allowed
15		thereunder, administrative costs of the Department of
16		Transportation, including, but not limited to, the
17		operating expenses of the Department relating to the
18		administration of public transportation programs, payment
19		of debts and liabilities incurred in construction and
20		reconstruction of public highways and bridges, acquisition
21		of rights-of-way for and the cost of construction,
22		reconstruction, maintenance, repair, and operation of
23		public highways and bridges under the direction and
24		supervision of the State, political subdivision, or
25		municipality collecting those monies, or during fiscal
26		year 2023 for the purposes of a grant not to exceed

HB4959 Enrolled - 172 - LRB103 36303 SPS 66401 b
1		$8,394,800 to the Regional Transportation Authority on
2		behalf of PACE for the purpose of ADA/Para-transit
3		expenses, or during fiscal year 2024 for the purposes of a
4		grant not to exceed $9,108,400 to the Regional
5		Transportation Authority on behalf of PACE for the purpose
6		of ADA/Para-transit expenses, or during fiscal year 2025
7		for the purposes of a grant not to exceed $10,020,000 to
8		the Regional Transportation Authority on behalf of PACE
9		for the purpose of ADA/Para-transit expenses, and the
10		costs for patrolling and policing the public highways (by
11		the State, political subdivision, or municipality
12		collecting that money) for enforcement of traffic laws.
13		The separation of grades of such highways with railroads
14		and costs associated with protection of at-grade highway
15		and railroad crossing shall also be permissible.
16		Appropriations for any of such purposes are payable from
17		the Road Fund or the Grade Crossing Protection Fund as
18		provided in Section 8 of the Motor Fuel Tax Law.
19		Except as provided in this paragraph, beginning with
20		fiscal year 1991 and thereafter, no Road Fund monies shall be
21		appropriated to the Illinois State Police for the purposes of
22		this Section in excess of its total fiscal year 1990 Road Fund
23		appropriations for those purposes unless otherwise provided in
24		Section 5g of this Act. For fiscal years 2003, 2004, 2005,
25		2006, and 2007 only, no Road Fund monies shall be appropriated
26		to the Department of State Police for the purposes of this

HB4959 Enrolled - 173 - LRB103 36303 SPS 66401 b
1		Section in excess of $97,310,000. For fiscal year 2008 only,
2		no Road Fund monies shall be appropriated to the Department of
3		State Police for the purposes of this Section in excess of
4		$106,100,000. For fiscal year 2009 only, no Road Fund monies
5		shall be appropriated to the Department of State Police for
6		the purposes of this Section in excess of $114,700,000.
7		Beginning in fiscal year 2010, no Road Fund road fund moneys
8		shall be appropriated to the Illinois State Police. It shall
9		not be lawful to circumvent this limitation on appropriations
10		by governmental reorganization or other methods unless
11		otherwise provided in Section 5g of this Act.
12		In fiscal year 1994, no Road Fund monies shall be
13		appropriated to the Secretary of State for the purposes of
14		this Section in excess of the total fiscal year 1991 Road Fund
15		appropriations to the Secretary of State for those purposes,
16		plus $9,800,000. It shall not be lawful to circumvent this
17		limitation on appropriations by governmental reorganization or
18		other method.
19		Beginning with fiscal year 1995 and thereafter, no Road
20		Fund monies shall be appropriated to the Secretary of State
21		for the purposes of this Section in excess of the total fiscal
22		year 1994 Road Fund appropriations to the Secretary of State
23		for those purposes. It shall not be lawful to circumvent this
24		limitation on appropriations by governmental reorganization or
25		other methods.
26		Beginning with fiscal year 2000, total Road Fund

HB4959 Enrolled - 174 - LRB103 36303 SPS 66401 b
1		appropriations to the Secretary of State for the purposes of
2		this Section shall not exceed the amounts specified for the
3		following fiscal years:
4 Fiscal Year 2000 $80,500,000; 5 Fiscal Year 2001 $80,500,000; 6 Fiscal Year 2002 $80,500,000; 7 Fiscal Year 2003 $130,500,000; 8 Fiscal Year 2004 $130,500,000; 9 Fiscal Year 2005 $130,500,000; 10 Fiscal Year 2006 $130,500,000; 11 Fiscal Year 2007 $130,500,000; 12 Fiscal Year 2008 $130,500,000; 13 Fiscal Year 2009 $130,500,000.
14		For fiscal year 2010, no road fund moneys shall be
15		appropriated to the Secretary of State.
16		Beginning in fiscal year 2011, moneys in the Road Fund
17		shall be appropriated to the Secretary of State for the
18		exclusive purpose of paying refunds due to overpayment of fees
19		related to Chapter 3 of the Illinois Vehicle Code unless
20		otherwise provided for by law.
21		Beginning in fiscal year 2025, moneys in the Road Fund may
22		be appropriated to the Environmental Protection Agency for the
23		exclusive purpose of making deposits into the Electric Vehicle
24		Rebate Fund, subject to appropriation, to be used for purposes
25		consistent with Section 11 of Article IX of the Illinois
26		Constitution.

HB4959 Enrolled - 175 - LRB103 36303 SPS 66401 b
1		It shall not be lawful to circumvent this limitation on
2		appropriations by governmental reorganization or other
3		methods.
4		No new program may be initiated in fiscal year 1991 and
5		thereafter that is not consistent with the limitations imposed
6		by this Section for fiscal year 1984 and thereafter, insofar
7		as appropriation of Road Fund monies is concerned.
8		Nothing in this Section prohibits transfers from the Road
9		Fund to the State Construction Account Fund under Section 5e
10		of this Act; nor to the General Revenue Fund, as authorized by
11		Public Act 93-25.
12		The additional amounts authorized for expenditure in this
13		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
14		shall be repaid to the Road Fund from the General Revenue Fund
15		in the next succeeding fiscal year that the General Revenue
16		Fund has a positive budgetary balance, as determined by
17		generally accepted accounting principles applicable to
18		government.
19		The additional amounts authorized for expenditure by the
20		Secretary of State and the Department of State Police in this
21		Section by Public Act 94-91 shall be repaid to the Road Fund
22		from the General Revenue Fund in the next succeeding fiscal
23		year that the General Revenue Fund has a positive budgetary
24		balance, as determined by generally accepted accounting
25		principles applicable to government.
26		(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

HB4959 Enrolled - 176 - LRB103 36303 SPS 66401 b
1		102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
2		6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
3		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
4		Sec. 8.12. State Pensions Fund.
5		(a) The moneys in the State Pensions Fund shall be used
6		exclusively for the administration of the Revised Uniform
7		Unclaimed Property Act and for the expenses incurred by the
8		Auditor General for administering the provisions of Section
9		2-8.1 of the Illinois State Auditing Act and for operational
10		expenses of the Office of the State Treasurer and for the
11		funding of the unfunded liabilities of the designated
12		retirement systems. For the purposes of this Section,
13		"operational expenses of the Office of the State Treasurer"
14		includes the acquisition of land and buildings in State fiscal
15		years 2019 and 2020 for use by the Office of the State
16		Treasurer, as well as construction, reconstruction,
17		improvement, repair, and maintenance, in accordance with the
18		provisions of laws relating thereto, of such lands and
19		buildings beginning in State fiscal year 2019 and thereafter.
20		Beginning in State fiscal year 2026 2025, payments to the
21		designated retirement systems under this Section shall be in
22		addition to, and not in lieu of, any State contributions
23		required under the Illinois Pension Code.
24		"Designated retirement systems" means:
25		(1) the State Employees' Retirement System of

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1		Illinois;
2		(2) the Teachers' Retirement System of the State of
3		Illinois;
4		(3) the State Universities Retirement System;
5		(4) the Judges Retirement System of Illinois; and
6		(5) the General Assembly Retirement System.
7		(b) Each year the General Assembly may make appropriations
8		from the State Pensions Fund for the administration of the
9		Revised Uniform Unclaimed Property Act.
10		(c) (Blank).
11		(c-5) For fiscal years 2006 through 2025 2024, the General
12		Assembly shall appropriate from the State Pensions Fund to the
13		State Universities Retirement System the amount estimated to
14		be available during the fiscal year in the State Pensions
15		Fund; provided, however, that the amounts appropriated under
16		this subsection (c-5) shall not reduce the amount in the State
17		Pensions Fund below $5,000,000.
18		(c-6) For fiscal year 2026 2025 and each fiscal year
19		thereafter, as soon as may be practical after any money is
20		deposited into the State Pensions Fund from the Unclaimed
21		Property Trust Fund, the State Treasurer shall apportion the
22		deposited amount among the designated retirement systems as
23		defined in subsection (a) to reduce their actuarial reserve
24		deficiencies. The State Comptroller and State Treasurer shall
25		pay the apportioned amounts to the designated retirement
26		systems to fund the unfunded liabilities of the designated

HB4959 Enrolled - 178 - LRB103 36303 SPS 66401 b
1		retirement systems. The amount apportioned to each designated
2		retirement system shall constitute a portion of the amount
3		estimated to be available for appropriation from the State
4		Pensions Fund that is the same as that retirement system's
5		portion of the total actual reserve deficiency of the systems,
6		as determined annually by the Governor's Office of Management
7		and Budget at the request of the State Treasurer. The amounts
8		apportioned under this subsection shall not reduce the amount
9		in the State Pensions Fund below $5,000,000.
10		(d) The Governor's Office of Management and Budget shall
11		determine the individual and total reserve deficiencies of the
12		designated retirement systems. For this purpose, the
13		Governor's Office of Management and Budget shall utilize the
14		latest available audit and actuarial reports of each of the
15		retirement systems and the relevant reports and statistics of
16		the Public Employee Pension Fund Division of the Department of
17		Insurance.
18		(d-1) (Blank).
19		(e) The changes to this Section made by Public Act 88-593
20		shall first apply to distributions from the Fund for State
21		fiscal year 1996.
22		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
23		103-8, eff. 6-7-23.)
24		(30 ILCS 105/8g-1)
25		Sec. 8g-1. Fund transfers.

HB4959 Enrolled - 179 - LRB103 36303 SPS 66401 b
1		(a) (Blank).
2		(b) (Blank).
3		(c) (Blank).
4		(d) (Blank).
5		(e) (Blank).
6		(f) (Blank).
7		(g) (Blank).
8		(h) (Blank).
9		(i) (Blank).
10		(j) (Blank).
11		(k) (Blank).
12		(l) (Blank).
13		(m) (Blank).
14		(n) (Blank).
15		(o) (Blank).
16		(p) (Blank).
17		(q) (Blank).
18		(r) (Blank).
19		(s) (Blank).
20		(t) (Blank).
21		(u) (Blank). In addition to any other transfers that may
22		be provided for by law, on July 1, 2021, or as soon thereafter
23		as practical, only as directed by the Director of the
24		Governor's Office of Management and Budget, the State
25		Comptroller shall direct and the State Treasurer shall
26		transfer the sum of $5,000,000 from the General Revenue Fund

HB4959 Enrolled - 180 - LRB103 36303 SPS 66401 b
1		to the DoIT Special Projects Fund, and on June 1, 2022, or as
2		soon thereafter as practical, but no later than June 30, 2022,
3		the State Comptroller shall direct and the State Treasurer
4		shall transfer the sum so transferred from the DoIT Special
5		Projects Fund to the General Revenue Fund.
6		(v) (Blank). In addition to any other transfers that may
7		be provided for by law, on July 1, 2021, or as soon thereafter
8		as practical, the State Comptroller shall direct and the State
9		Treasurer shall transfer the sum of $500,000 from the General
10		Revenue Fund to the Governor's Administrative Fund.
11		(w) (Blank). In addition to any other transfers that may
12		be provided for by law, on July 1, 2021, or as soon thereafter
13		as practical, the State Comptroller shall direct and the State
14		Treasurer shall transfer the sum of $500,000 from the General
15		Revenue Fund to the Grant Accountability and Transparency
16		Fund.
17		(x) (Blank). In addition to any other transfers that may
18		be provided for by law, at a time or times during Fiscal Year
19		2022 as directed by the Governor, the State Comptroller shall
20		direct and the State Treasurer shall transfer up to a total of
21		$20,000,000 from the General Revenue Fund to the Illinois
22		Sports Facilities Fund to be credited to the Advance Account
23		within the Fund.
24		(y) (Blank). In addition to any other transfers that may
25		be provided for by law, on June 15, 2021, or as soon thereafter
26		as practical, but no later than June 30, 2021, the State

HB4959 Enrolled - 181 - LRB103 36303 SPS 66401 b
1		Comptroller shall direct and the State Treasurer shall
2		transfer the sum of $100,000,000 from the General Revenue Fund
3		to the Technology Management Revolving Fund.
4		(z) (Blank). In addition to any other transfers that may
5		be provided for by law, on April 19, 2022 (the effective date
6		of Public Act 102-699), or as soon thereafter as practical,
7		but no later than June 30, 2022, the State Comptroller shall
8		direct and the State Treasurer shall transfer the sum of
9		$148,000,000 from the General Revenue Fund to the Build
10		Illinois Bond Fund.
11		(aa) (Blank). In addition to any other transfers that may
12		be provided for by law, on April 19, 2022 (the effective date
13		of Public Act 102-699), or as soon thereafter as practical,
14		but no later than June 30, 2022, the State Comptroller shall
15		direct and the State Treasurer shall transfer the sum of
16		$180,000,000 from the General Revenue Fund to the Rebuild
17		Illinois Projects Fund.
18		(bb) (Blank). In addition to any other transfers that may
19		be provided for by law, on July 1, 2022, or as soon thereafter
20		as practical, the State Comptroller shall direct and the State
21		Treasurer shall transfer the sum of $500,000 from the General
22		Revenue Fund to the Governor's Administrative Fund.
23		(cc) (Blank). In addition to any other transfers that may
24		be provided for by law, on July 1, 2022, or as soon thereafter
25		as practical, the State Comptroller shall direct and the State
26		Treasurer shall transfer the sum of $500,000 from the General

HB4959 Enrolled - 182 - LRB103 36303 SPS 66401 b
1		Revenue Fund to the Grant Accountability and Transparency
2		Fund.
3		(dd) (Blank). In addition to any other transfers that may
4		be provided by law, on April 19, 2022 (the effective date of
5		Public Act 102-700), or as soon thereafter as practical, but
6		no later than June 30, 2022, the State Comptroller shall
7		direct and the State Treasurer shall transfer the sum of
8		$685,000,000 from the General Revenue Fund to the Income Tax
9		Refund Fund. Moneys from this transfer shall be used for the
10		purpose of making the one-time rebate payments provided under
11		Section 212.1 of the Illinois Income Tax Act.
12		(ee) (Blank). In addition to any other transfers that may
13		be provided by law, beginning on April 19, 2022 (the effective
14		date of Public Act 102-700) and until December 31, 2023, at the
15		direction of the Department of Revenue, the State Comptroller
16		shall direct and the State Treasurer shall transfer from the
17		General Revenue Fund to the Income Tax Refund Fund any amounts
18		needed beyond the amounts transferred in subsection (dd) to
19		make payments of the one-time rebate payments provided under
20		Section 212.1 of the Illinois Income Tax Act.
21		(ff) (Blank). In addition to any other transfers that may
22		be provided for by law, on April 19, 2022 (the effective date
23		of Public Act 102-700), or as soon thereafter as practical,
24		but no later than June 30, 2022, the State Comptroller shall
25		direct and the State Treasurer shall transfer the sum of
26		$720,000,000 from the General Revenue Fund to the Budget

HB4959 Enrolled - 183 - LRB103 36303 SPS 66401 b
1		Stabilization Fund.
2		(gg) (Blank). In addition to any other transfers that may
3		be provided for by law, on July 1, 2022, or as soon thereafter
4		as practical, the State Comptroller shall direct and the State
5		Treasurer shall transfer the sum of $280,000,000 from the
6		General Revenue Fund to the Budget Stabilization Fund.
7		(hh) (Blank). In addition to any other transfers that may
8		be provided for by law, on July 1, 2022, or as soon thereafter
9		as practical, the State Comptroller shall direct and the State
10		Treasurer shall transfer the sum of $200,000,000 from the
11		General Revenue Fund to the Pension Stabilization Fund.
12		(ii) (Blank). In addition to any other transfers that may
13		be provided for by law, on January 1, 2023, or as soon
14		thereafter as practical, the State Comptroller shall direct
15		and the State Treasurer shall transfer the sum of $850,000,000
16		from the General Revenue Fund to the Budget Stabilization
17		Fund.
18		(jj) (Blank). In addition to any other transfers that may
19		be provided for by law, at a time or times during Fiscal Year
20		2023 as directed by the Governor, the State Comptroller shall
21		direct and the State Treasurer shall transfer up to a total of
22		$400,000,000 from the General Revenue Fund to the Large
23		Business Attraction Fund.
24		(kk) (Blank). In addition to any other transfers that may
25		be provided for by law, on January 1, 2023, or as soon
26		thereafter as practical, the State Comptroller shall direct

HB4959 Enrolled - 184 - LRB103 36303 SPS 66401 b
1		and the State Treasurer shall transfer the sum of $72,000,000
2		from the General Revenue Fund to the Disaster Response and
3		Recovery Fund.
4		(ll) (Blank). In addition to any other transfers that may
5		be provided for by law, on the effective date of the changes
6		made to this Section by this amendatory Act of the 103rd
7		General Assembly, or as soon thereafter as practical, but no
8		later than June 30, 2023, the State Comptroller shall direct
9		and the State Treasurer shall transfer the sum of $200,000,000
10		from the General Revenue Fund to the Pension Stabilization
11		Fund.
12		(mm) In addition to any other transfers that may be
13		provided for by law, beginning on the effective date of the
14		changes made to this Section by this amendatory Act of the
15		103rd General Assembly and until June 30, 2024, as directed by
16		the Governor, the State Comptroller shall direct and the State
17		Treasurer shall transfer up to a total of $1,500,000,000 from
18		the General Revenue Fund to the State Coronavirus Urgent
19		Remediation Emergency Fund.
20		(nn) In addition to any other transfers that may be
21		provided for by law, beginning on the effective date of the
22		changes made to this Section by this amendatory Act of the
23		103rd General Assembly and until June 30, 2024, as directed by
24		the Governor, the State Comptroller shall direct and the State
25		Treasurer shall transfer up to a total of $424,000,000 from
26		the General Revenue Fund to the Build Illinois Bond Fund.

HB4959 Enrolled - 185 - LRB103 36303 SPS 66401 b
1		(oo) In addition to any other transfers that may be
2		provided for by law, on July 1, 2023, 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		(pp) In addition to any other transfers that may be
7		provided for by law, on July 1, 2023, 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		(qq) In addition to any other transfers that may be
13		provided for by law, beginning on the effective date of the
14		changes made to this Section by this amendatory Act of the
15		103rd General Assembly and until June 30, 2024, as directed by
16		the Governor, the State Comptroller shall direct and the State
17		Treasurer shall transfer up to a total of $350,000,000 from
18		the General Revenue Fund to the Fund for Illinois' Future.
19		(rr) In addition to any other transfers that may be
20		provided for by law, on July 1, 2024, 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 Governor's Administrative Fund.
24		(ss) In addition to any other transfers that may be
25		provided for by law, on July 1, 2024, or as soon thereafter as
26		practical, the State Comptroller shall direct and the State

HB4959 Enrolled - 186 - LRB103 36303 SPS 66401 b
1		Treasurer shall transfer the sum of $500,000 from the General
2		Revenue Fund to the Grant Accountability and Transparency
3		Fund.
4		(tt) In addition to any other transfers that may be
5		provided for by law, on July 1, 2024, or as soon thereafter as
6		practical, the State Comptroller shall direct and the State
7		Treasurer shall transfer the sum of $25,000,000 from the
8		Violent Crime Witness Protection Program Fund to the General
9		Revenue Fund.
10		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
11		102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,
12		Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
13		103-8, eff. 6-7-23.)
14		(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
15		Sec. 12-2. Travel Regulation Council; State travel
16		reimbursement.
17		(a) The chairmen of the travel control boards established
18		by Section 12-1, or their designees, shall together comprise
19		the Travel Regulation Council. The Travel Regulation Council
20		shall be chaired by the Director of Central Management
21		Services, who shall be a nonvoting member of the Council,
22		unless he is otherwise qualified to vote by virtue of being the
23		designee of a voting member. No later than March 1, 1986, and
24		at least biennially thereafter, the Council shall adopt State
25		Travel Regulations and Reimbursement Rates which shall be

HB4959 Enrolled - 187 - LRB103 36303 SPS 66401 b
1		applicable to all personnel subject to the jurisdiction of the
2		travel control boards established by Section 12-1. An
3		affirmative vote of a majority of the members of the Council
4		shall be required to adopt regulations and reimbursement
5		rates. If the Council fails to adopt regulations by March 1 of
6		any odd-numbered year, the Director of Central Management
7		Services shall adopt emergency regulations and reimbursement
8		rates pursuant to the Illinois Administrative Procedure Act.
9		As soon as practicable after January 23, 2023 (the effective
10		date of Public Act 102-1119) this amendatory Act of the 102nd
11		General Assembly, the Travel Regulation Council and the Higher
12		Education Travel Control Board shall adopt amendments to their
13		existing rules to ensure that reimbursement rates for public
14		institutions of higher education, as defined in Section 1-13
15		of the Illinois Procurement Code, are set in accordance with
16		the requirements of subsection (f) of this Section.
17		(b) (Blank).
18		(c) (Blank).
19		(d) Reimbursements to travelers shall be made pursuant to
20		the rates and regulations applicable to the respective State
21		agency as of January 1, 1986 (the effective date of Public Act
22		84-345) this amendatory Act, until the State Travel
23		Regulations and Reimbursement Rates established by this
24		Section are adopted and effective.
25		(e) (Blank).
26		(f) (f) Notwithstanding any rule or law to the contrary,

HB4959 Enrolled - 188 - LRB103 36303 SPS 66401 b
1		State travel reimbursement rates for lodging and mileage for
2		automobile travel, as well as allowances for meals, shall be
3		set at the maximum rates established by the federal government
4		for travel expenses, subsistence expenses, and mileage
5		allowances under 5 U.S.C. 5701 through 5711 and any
6		regulations promulgated thereunder. If the rates set under
7		federal regulations increase or decrease during the course of
8		the State's fiscal year, the effective date of the new rate
9		shall be the effective date of the change in the federal rate.
10		(g) Notwithstanding any other provision of this Section,
11		the Council may provide, by rule, for alternative methods of
12		determining the appropriate reimbursement rate for a
13		traveler's subsistence expenses based upon the length of
14		travel, as well as the embarkation point and destination.
15		(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
16		revised 1-2-24.)
17		(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
18		Sec. 13.2. Transfers among line item appropriations.
19		(a) Transfers among line item appropriations from the same
20		treasury fund for the objects specified in this Section may be
21		made in the manner provided in this Section when the balance
22		remaining in one or more such line item appropriations is
23		insufficient for the purpose for which the appropriation was
24		made.
25		(a-1) No transfers may be made from one agency to another

HB4959 Enrolled - 189 - LRB103 36303 SPS 66401 b
1		agency, nor may transfers be made from one institution of
2		higher education to another institution of higher education
3		except as provided by subsection (a-4).
4		(a-2) Except as otherwise provided in this Section,
5		transfers may be made only among the objects of expenditure
6		enumerated in this Section, except that no funds may be
7		transferred from any appropriation for personal services, from
8		any appropriation for State contributions to the State
9		Employees' Retirement System, from any separate appropriation
10		for employee retirement contributions paid by the employer,
11		nor from any appropriation for State contribution for employee
12		group insurance.
13		(a-2.5) (Blank).
14		(a-3) Further, if an agency receives a separate
15		appropriation for employee retirement contributions paid by
16		the employer, any transfer by that agency into an
17		appropriation for personal services must be accompanied by a
18		corresponding transfer into the appropriation for employee
19		retirement contributions paid by the employer, in an amount
20		sufficient to meet the employer share of the employee
21		contributions required to be remitted to the retirement
22		system.
23		(a-4) Long-Term Care Rebalancing. The Governor may
24		designate amounts set aside for institutional services
25		appropriated from the General Revenue Fund or any other State
26		fund that receives monies for long-term care services to be

HB4959 Enrolled - 190 - LRB103 36303 SPS 66401 b
1		transferred to all State agencies responsible for the
2		administration of community-based long-term care programs,
3		including, but not limited to, community-based long-term care
4		programs administered by the Department of Healthcare and
5		Family Services, the Department of Human Services, and the
6		Department on Aging, provided that the Director of Healthcare
7		and Family Services first certifies that the amounts being
8		transferred are necessary for the purpose of assisting persons
9		in or at risk of being in institutional care to transition to
10		community-based settings, including the financial data needed
11		to prove the need for the transfer of funds. The total amounts
12		transferred shall not exceed 4% in total of the amounts
13		appropriated from the General Revenue Fund or any other State
14		fund that receives monies for long-term care services for each
15		fiscal year. A notice of the fund transfer must be made to the
16		General Assembly and posted at a minimum on the Department of
17		Healthcare and Family Services website, the Governor's Office
18		of Management and Budget website, and any other website the
19		Governor sees fit. These postings shall serve as notice to the
20		General Assembly of the amounts to be transferred. Notice
21		shall be given at least 30 days prior to transfer.
22		(b) In addition to the general transfer authority provided
23		under subsection (c), the following agencies have the specific
24		transfer authority granted in this subsection:
25		The Department of Healthcare and Family Services is
26		authorized to make transfers representing savings attributable

HB4959 Enrolled - 191 - LRB103 36303 SPS 66401 b
1		to not increasing grants due to the births of additional
2		children from line items for payments of cash grants to line
3		items for payments for employment and social services for the
4		purposes outlined in subsection (f) of Section 4-2 of the
5		Illinois Public Aid Code.
6		The Department of Children and Family Services is
7		authorized to make transfers not exceeding 2% of the aggregate
8		amount appropriated to it within the same treasury fund for
9		the following line items among these same line items: Foster
10		Home and Specialized Foster Care and Prevention, Institutions
11		and Group Homes and Prevention, and Purchase of Adoption and
12		Guardianship Services.
13		The Department on Aging is authorized to make transfers
14		not exceeding 10% of the aggregate amount appropriated to it
15		within the same treasury fund for the following Community Care
16		Program line items among these same line items: purchase of
17		services covered by the Community Care Program and
18		Comprehensive Case Coordination.
19		The State Board of Education is authorized to make
20		transfers from line item appropriations within the same
21		treasury fund for General State Aid, General State Aid - Hold
22		Harmless, and Evidence-Based Funding, provided that no such
23		transfer may be made unless the amount transferred is no
24		longer required for the purpose for which that appropriation
25		was made, to the line item appropriation for Transitional
26		Assistance when the balance remaining in such line item

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1		appropriation is insufficient for the purpose for which the
2		appropriation was made.
3		The State Board of Education is authorized to make
4		transfers between the following line item appropriations
5		within the same treasury fund: Disabled Student
6		Services/Materials (Section 14-13.01 of the School Code),
7		Disabled Student Transportation Reimbursement (Section
8		14-13.01 of the School Code), Disabled Student Tuition -
9		Private Tuition (Section 14-7.02 of the School Code),
10		Extraordinary Special Education (Section 14-7.02b of the
11		School Code), Reimbursement for Free Lunch/Breakfast Program,
12		Summer School Payments (Section 18-4.3 of the School Code),
13		and Transportation - Regular/Vocational Reimbursement (Section
14		29-5 of the School Code). Such transfers shall be made only
15		when the balance remaining in one or more such line item
16		appropriations is insufficient for the purpose for which the
17		appropriation was made and provided that no such transfer may
18		be made unless the amount transferred is no longer required
19		for the purpose for which that appropriation was made.
20		The Department of Healthcare and Family Services is
21		authorized to make transfers not exceeding 4% of the aggregate
22		amount appropriated to it, within the same treasury fund,
23		among the various line items appropriated for Medical
24		Assistance.
25		The Department of Central Management Services is
26		authorized to make transfers not exceeding 2% of the aggregate

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1		amount appropriated to it, within the same treasury fund, from
2		the various line items appropriated to the Department, into
3		the following line item appropriations: auto liability claims
4		and related expenses and payment of claims under the State
5		Employee Indemnification Act.
6		(c) The sum of such transfers for an agency in a fiscal
7		year shall not exceed 2% of the aggregate amount appropriated
8		to it within the same treasury fund for the following objects:
9		Personal Services; Extra Help; Student and Inmate
10		Compensation; State Contributions to Retirement Systems; State
11		Contributions to Social Security; State Contribution for
12		Employee Group Insurance; Contractual Services; Travel;
13		Commodities; Printing; Equipment; Electronic Data Processing;
14		Operation of Automotive Equipment; Telecommunications
15		Services; Travel and Allowance for Committed, Paroled and
16		Discharged Prisoners; Library Books; Federal Matching Grants
17		for Student Loans; Refunds; Workers' Compensation,
18		Occupational Disease, and Tort Claims; Late Interest Penalties
19		under the State Prompt Payment Act and Sections 368a and 370a
20		of the Illinois Insurance Code; and, in appropriations to
21		institutions of higher education, Awards and Grants.
22		Notwithstanding the above, any amounts appropriated for
23		payment of workers' compensation claims to an agency to which
24		the authority to evaluate, administer and pay such claims has
25		been delegated by the Department of Central Management
26		Services may be transferred to any other expenditure object

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1		where such amounts exceed the amount necessary for the payment
2		of such claims.
3		(c-1) (Blank).
4		(c-2) (Blank).
5		(c-3) (Blank).
6		(c-4) (Blank).
7		(c-5) (Blank).
8		(c-6) (Blank).
9		(c-7) (Blank).
10		(c-8) (Blank).
11		(c-9) (Blank). Special provisions for State fiscal year
12		2023. Notwithstanding any other provision of this Section, for
13		State fiscal year 2023, transfers among line item
14		appropriations to a State agency from the same State treasury
15		fund may be made for operational or lump sum expenses only,
16		provided that the sum of such transfers for a State agency in
17		State fiscal year 2023 shall not exceed 4% of the aggregate
18		amount appropriated to that State agency for operational or
19		lump sum expenses for State fiscal year 2023. For the purpose
20		of this subsection, "operational or lump sum expenses"
21		includes the following objects: personal services; extra help;
22		student and inmate compensation; State contributions to
23		retirement systems; State contributions to social security;
24		State contributions for employee group insurance; contractual
25		services; travel; commodities; printing; equipment; electronic
26		data processing; operation of automotive equipment;

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1		telecommunications services; travel and allowance for
2		committed, paroled, and discharged prisoners; library books;
3		federal matching grants for student loans; refunds; workers'
4		compensation, occupational disease, and tort claims; late
5		interest penalties under the State Prompt Payment Act and
6		Sections 368a and 370a of the Illinois Insurance Code; lump
7		sum and other purposes; and lump sum operations. For the
8		purpose of this subsection, "State agency" does not include
9		the Attorney General, the Secretary of State, the Comptroller,
10		the Treasurer, or the judicial or legislative branches.
11		(c-10) Special provisions for State fiscal year 2024.
12		Notwithstanding any other provision of this Section, for State
13		fiscal year 2024, transfers among line item appropriations to
14		a State agency from the same State treasury fund may be made
15		for operational or lump sum expenses only, provided that the
16		sum of such transfers for a State agency in State fiscal year
17		2024 shall not exceed 8% of the aggregate amount appropriated
18		to that State agency for operational or lump sum expenses for
19		State fiscal year 2024. For the purpose of this subsection,
20		"operational or lump sum expenses" includes the following
21		objects: personal services; extra help; student and inmate
22		compensation; State contributions to retirement systems; State
23		contributions to social security; State contributions for
24		employee group insurance; contractual services; travel;
25		commodities; printing; equipment; electronic data processing;
26		operation of automotive equipment; telecommunications

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1		services; travel and allowance for committed, paroled, and
2		discharged prisoners; library books; federal matching grants
3		for student loans; refunds; workers' compensation,
4		occupational disease, and tort claims; late interest penalties
5		under the State Prompt Payment Act and Sections 368a and 370a
6		of the Illinois Insurance Code; lump sum and other purposes;
7		and lump sum operations. For the purpose of this subsection,
8		"State agency" does not include the Attorney General, the
9		Secretary of State, the Comptroller, the Treasurer, or the
10		judicial or legislative branches.
11		(c-11) Special provisions for State fiscal year 2025.
12		Notwithstanding any other provision of this Section, for State
13		fiscal year 2025, transfers among line item appropriations to
14		a State agency from the same State treasury fund may be made
15		for operational or lump sum expenses only, provided that the
16		sum of such transfers for a State agency in State fiscal year
17		2025 shall not exceed 4% of the aggregate amount appropriated
18		to that State agency for operational or lump sum expenses for
19		State fiscal year 2025. For the purpose of this subsection,
20		"operational or lump sum expenses" includes the following
21		objects: personal services; extra help; student and inmate
22		compensation; State contributions to retirement systems; State
23		contributions to social security; State contributions for
24		employee group insurance; contractual services; travel;
25		commodities; printing; equipment; electronic data processing;
26		operation of automotive equipment; telecommunications

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1		services; travel and allowance for committed, paroled, and
2		discharged prisoners; library books; federal matching grants
3		for student loans; refunds; workers' compensation,
4		occupational disease, and tort claims; late interest penalties
5		under the State Prompt Payment Act and Sections 368a and 370a
6		of the Illinois Insurance Code; lump sum and other purposes;
7		and lump sum operations. For the purpose of this subsection,
8		"State agency" does not include the Attorney General, the
9		Comptroller, the Treasurer, or the judicial or legislative
10		branches.
11		(d) Transfers among appropriations made to agencies of the
12		Legislative and Judicial departments and to the
13		constitutionally elected officers in the Executive branch
14		require the approval of the officer authorized in Section 10
15		of this Act to approve and certify vouchers. Transfers among
16		appropriations made to the University of Illinois, Southern
17		Illinois University, Chicago State University, Eastern
18		Illinois University, Governors State University, Illinois
19		State University, Northeastern Illinois University, Northern
20		Illinois University, Western Illinois University, the Illinois
21		Mathematics and Science Academy and the Board of Higher
22		Education require the approval of the Board of Higher
23		Education and the Governor. Transfers among appropriations to
24		all other agencies require the approval of the Governor.
25		The officer responsible for approval shall certify that
26		the transfer is necessary to carry out the programs and

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1		purposes for which the appropriations were made by the General
2		Assembly and shall transmit to the State Comptroller a
3		certified copy of the approval which shall set forth the
4		specific amounts transferred so that the Comptroller may
5		change his records accordingly. The Comptroller shall furnish
6		the Governor with information copies of all transfers approved
7		for agencies of the Legislative and Judicial departments and
8		transfers approved by the constitutionally elected officials
9		of the Executive branch other than the Governor, showing the
10		amounts transferred and indicating the dates such changes were
11		entered on the Comptroller's records.
12		(e) The State Board of Education, in consultation with the
13		State Comptroller, may transfer line item appropriations for
14		General State Aid or Evidence-Based Funding among the Common
15		School Fund and the Education Assistance Fund, and, for State
16		fiscal year 2020 and each fiscal year thereafter, the Fund for
17		the Advancement of Education. With the advice and consent of
18		the Governor's Office of Management and Budget, the State
19		Board of Education, in consultation with the State
20		Comptroller, may transfer line item appropriations between the
21		General Revenue Fund and the Education Assistance Fund for the
22		following programs:
23		(1) Disabled Student Personnel Reimbursement (Section
24		14-13.01 of the School Code);
25		(2) Disabled Student Transportation Reimbursement
26		(subsection (b) of Section 14-13.01 of the School Code);

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1		(3) Disabled Student Tuition - Private Tuition
2		(Section 14-7.02 of the School Code);
3		(4) Extraordinary Special Education (Section 14-7.02b
4		of the School Code);
5		(5) Reimbursement for Free Lunch/Breakfast Programs;
6		(6) Summer School Payments (Section 18-4.3 of the
7		School Code);
8		(7) Transportation - Regular/Vocational Reimbursement
9		(Section 29-5 of the School Code);
10		(8) Regular Education Reimbursement (Section 18-3 of
11		the School Code); and
12		(9) Special Education Reimbursement (Section 14-7.03
13		of the School Code).
14		(f) For State fiscal year 2020 and each fiscal year
15		thereafter, the Department on Aging, in consultation with the
16		State Comptroller, with the advice and consent of the
17		Governor's Office of Management and Budget, may transfer line
18		item appropriations for purchase of services covered by the
19		Community Care Program between the General Revenue Fund and
20		the Commitment to Human Services Fund.
21		(g) For State fiscal year 2024 and each fiscal year
22		thereafter, if requested by an agency chief executive officer
23		and authorized and approved by the Comptroller, the
24		Comptroller may direct and the Treasurer shall transfer funds
25		from the General Revenue Fund to fund payroll expenses that
26		meet the payroll transaction exception criteria as defined by

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1		the Comptroller in the Statewide Accounting Management System
2		(SAMS) Manual. The agency shall then transfer these funds back
3		to the General Revenue Fund within 7 days.
4		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5		103-8, eff. 6-7-23.)
6		Section 5-35. The State Revenue Sharing Act is amended by
7		changing Section 12 as follows:
8		(30 ILCS 115/12) (from Ch. 85, par. 616)
9		Sec. 12. Personal Property Tax Replacement Fund. There is
10		hereby created the Personal Property Tax Replacement Fund, a
11		special fund in the State Treasury into which shall be paid all
12		revenue realized:
13		(a) all amounts realized from the additional personal
14		property tax replacement income tax imposed by subsections
15		(c) and (d) of Section 201 of the Illinois Income Tax Act,
16		except for those amounts deposited into the Income Tax
17		Refund Fund pursuant to subsection (c) of Section 901 of
18		the Illinois Income Tax Act; and
19		(b) all amounts realized from the additional personal
20		property replacement invested capital taxes imposed by
21		Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
22		Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
23		Revenue Act, and Section 3 of the Water Company Invested
24		Capital Tax Act, and amounts payable to the Department of

HB4959 Enrolled - 201 - LRB103 36303 SPS 66401 b
1		Revenue under the Telecommunications Infrastructure
2		Maintenance Fee Act.
3		As soon as may be after the end of each month, the
4		Department of Revenue shall certify to the Treasurer and the
5		Comptroller the amount of all refunds paid out of the General
6		Revenue Fund through the preceding month on account of
7		overpayment of liability on taxes paid into the Personal
8		Property Tax Replacement Fund. Upon receipt of such
9		certification, the Treasurer and the Comptroller shall
10		transfer the amount so certified from the Personal Property
11		Tax Replacement Fund into the General Revenue Fund.
12		The payments of revenue into the Personal Property Tax
13		Replacement Fund shall be used exclusively for distribution to
14		taxing districts, regional offices and officials, and local
15		officials as provided in this Section and in the School Code,
16		payment of the ordinary and contingent expenses of the
17		Property Tax Appeal Board, payment of the expenses of the
18		Department of Revenue incurred in administering the collection
19		and distribution of monies paid into the Personal Property Tax
20		Replacement Fund and transfers due to refunds to taxpayers for
21		overpayment of liability for taxes paid into the Personal
22		Property Tax Replacement Fund.
23		In addition, moneys in the Personal Property Tax
24		Replacement Fund may be used to pay any of the following: (i)
25		salary, stipends, and additional compensation as provided by
26		law for chief election clerks, county clerks, and county

HB4959 Enrolled - 202 - LRB103 36303 SPS 66401 b
1		recorders; (ii) costs associated with regional offices of
2		education and educational service centers; (iii)
3		reimbursements payable by the State Board of Elections under
4		Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
5		Election Code; (iv) expenses of the Illinois Educational Labor
6		Relations Board; and (v) salary, personal services, and
7		additional compensation as provided by law for court reporters
8		under the Court Reporters Act.
9		As soon as may be after June 26, 1980 (the effective date
10		of Public Act 81-1255), the Department of Revenue shall
11		certify to the Treasurer the amount of net replacement revenue
12		paid into the General Revenue Fund prior to that effective
13		date from the additional tax imposed by Section 2a.1 of the
14		Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
15		Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
16		the Water Company Invested Capital Tax Act; amounts collected
17		by the Department of Revenue under the Telecommunications
18		Infrastructure Maintenance Fee Act; and the additional
19		personal property tax replacement income tax imposed by the
20		Illinois Income Tax Act, as amended by Public Act 81-1st
21		Special Session-1. Net replacement revenue shall be defined as
22		the total amount paid into and remaining in the General
23		Revenue Fund as a result of those Acts minus the amount
24		outstanding and obligated from the General Revenue Fund in
25		state vouchers or warrants prior to June 26, 1980 (the
26		effective date of Public Act 81-1255) as refunds to taxpayers

HB4959 Enrolled - 203 - LRB103 36303 SPS 66401 b
1		for overpayment of liability under those Acts.
2		All interest earned by monies accumulated in the Personal
3		Property Tax Replacement Fund shall be deposited in such Fund.
4		All amounts allocated pursuant to this Section are
5		appropriated on a continuing basis.
6		Prior to December 31, 1980, as soon as may be after the end
7		of each quarter beginning with the quarter ending December 31,
8		1979, and on and after December 31, 1980, as soon as may be
9		after January 1, March 1, April 1, May 1, July 1, August 1,
10		October 1 and December 1 of each year, the Department of
11		Revenue shall allocate to each taxing district as defined in
12		Section 1-150 of the Property Tax Code, in accordance with the
13		provisions of paragraph (2) of this Section the portion of the
14		funds held in the Personal Property Tax Replacement Fund which
15		is required to be distributed, as provided in paragraph (1),
16		for each quarter. Provided, however, under no circumstances
17		shall any taxing district during each of the first two years of
18		distribution of the taxes imposed by Public Act 81-1st Special
19		Session-1 be entitled to an annual allocation which is less
20		than the funds such taxing district collected from the 1978
21		personal property tax. Provided further that under no
22		circumstances shall any taxing district during the third year
23		of distribution of the taxes imposed by Public Act 81-1st
24		Special Session-1 receive less than 60% of the funds such
25		taxing district collected from the 1978 personal property tax.
26		In the event that the total of the allocations made as above

HB4959 Enrolled - 204 - LRB103 36303 SPS 66401 b
1		provided for all taxing districts, during either of such 3
2		years, exceeds the amount available for distribution the
3		allocation of each taxing district shall be proportionately
4		reduced. Except as provided in Section 13 of this Act, the
5		Department shall then certify, pursuant to appropriation, such
6		allocations to the State Comptroller who shall pay over to the
7		several taxing districts the respective amounts allocated to
8		them.
9		Any township which receives an allocation based in whole
10		or in part upon personal property taxes which it levied
11		pursuant to Section 6-507 or 6-512 of the Illinois Highway
12		Code and which was previously required to be paid over to a
13		municipality shall immediately pay over to that municipality a
14		proportionate share of the personal property replacement funds
15		which such township receives.
16		Any municipality or township, other than a municipality
17		with a population in excess of 500,000, which receives an
18		allocation based in whole or in part on personal property
19		taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
20		the Illinois Local Library Act and which was previously
21		required to be paid over to a public library shall immediately
22		pay over to that library a proportionate share of the personal
23		property tax replacement funds which such municipality or
24		township receives; provided that if such a public library has
25		converted to a library organized under the Illinois Public
26		Library District Act, regardless of whether such conversion

HB4959 Enrolled - 205 - LRB103 36303 SPS 66401 b
1		has occurred on, after or before January 1, 1988, such
2		proportionate share shall be immediately paid over to the
3		library district which maintains and operates the library.
4		However, any library that has converted prior to January 1,
5		1988, and which hitherto has not received the personal
6		property tax replacement funds, shall receive such funds
7		commencing on January 1, 1988.
8		Any township which receives an allocation based in whole
9		or in part on personal property taxes which it levied pursuant
10		to Section 1c of the Public Graveyards Act and which taxes were
11		previously required to be paid over to or used for such public
12		cemetery or cemeteries shall immediately pay over to or use
13		for such public cemetery or cemeteries a proportionate share
14		of the personal property tax replacement funds which the
15		township receives.
16		Any taxing district which receives an allocation based in
17		whole or in part upon personal property taxes which it levied
18		for another governmental body or school district in Cook
19		County in 1976 or for another governmental body or school
20		district in the remainder of the State in 1977 shall
21		immediately pay over to that governmental body or school
22		district the amount of personal property replacement funds
23		which such governmental body or school district would receive
24		directly under the provisions of paragraph (2) of this
25		Section, had it levied its own taxes.
26		(1) The portion of the Personal Property Tax

HB4959 Enrolled - 206 - LRB103 36303 SPS 66401 b
1		Replacement Fund required to be distributed as of the time
2		allocation is required to be made shall be the amount
3		available in such Fund as of the time allocation is
4		required to be made.
5		The amount available for distribution shall be the
6		total amount in the fund at such time minus the necessary
7		administrative and other authorized expenses as limited by
8		the appropriation and the amount determined by: (a) $2.8
9		million for fiscal year 1981; (b) for fiscal year 1982,
10		.54% of the funds distributed from the fund during the
11		preceding fiscal year; (c) for fiscal year 1983 through
12		fiscal year 1988, .54% of the funds distributed from the
13		fund during the preceding fiscal year less .02% of such
14		fund for fiscal year 1983 and less .02% of such funds for
15		each fiscal year thereafter; (d) for fiscal year 1989
16		through fiscal year 2011 no more than 105% of the actual
17		administrative expenses of the prior fiscal year; (e) for
18		fiscal year 2012 and beyond, a sufficient amount to pay
19		(i) stipends, additional compensation, salary
20		reimbursements, and other amounts directed to be paid out
21		of this Fund for local officials as authorized or required
22		by statute and (ii) the ordinary and contingent expenses
23		of the Property Tax Appeal Board and the expenses of the
24		Department of Revenue incurred in administering the
25		collection and distribution of moneys paid into the Fund;
26		(f) for fiscal years 2012 and 2013 only, a sufficient

HB4959 Enrolled - 207 - LRB103 36303 SPS 66401 b
1		amount to pay stipends, additional compensation, salary
2		reimbursements, and other amounts directed to be paid out
3		of this Fund for regional offices and officials as
4		authorized or required by statute; or (g) for fiscal years
5		2018 through 2025 2024 only, a sufficient amount to pay
6		amounts directed to be paid out of this Fund for public
7		community college base operating grants and local health
8		protection grants to certified local health departments as
9		authorized or required by appropriation or statute. Such
10		portion of the fund shall be determined after the transfer
11		into the General Revenue Fund due to refunds, if any, paid
12		from the General Revenue Fund during the preceding
13		quarter. If at any time, for any reason, there is
14		insufficient amount in the Personal Property Tax
15		Replacement Fund for payments for regional offices and
16		officials or local officials or payment of costs of
17		administration or for transfers due to refunds at the end
18		of any particular month, the amount of such insufficiency
19		shall be carried over for the purposes of payments for
20		regional offices and officials, local officials, transfers
21		into the General Revenue Fund, and costs of administration
22		to the following month or months. Net replacement revenue
23		held, and defined above, shall be transferred by the
24		Treasurer and Comptroller to the Personal Property Tax
25		Replacement Fund within 10 days of such certification.
26		(2) Each quarterly allocation shall first be

HB4959 Enrolled - 208 - LRB103 36303 SPS 66401 b
1		apportioned in the following manner: 51.65% for taxing
2		districts in Cook County and 48.35% for taxing districts
3		in the remainder of the State.
4		The Personal Property Replacement Ratio of each taxing
5		district outside Cook County shall be the ratio which the Tax
6		Base of that taxing district bears to the Downstate Tax Base.
7		The Tax Base of each taxing district outside of Cook County is
8		the personal property tax collections for that taxing district
9		for the 1977 tax year. The Downstate Tax Base is the personal
10		property tax collections for all taxing districts in the State
11		outside of Cook County for the 1977 tax year. The Department of
12		Revenue shall have authority to review for accuracy and
13		completeness the personal property tax collections for each
14		taxing district outside Cook County for the 1977 tax year.
15		The Personal Property Replacement Ratio of each Cook
16		County taxing district shall be the ratio which the Tax Base of
17		that taxing district bears to the Cook County Tax Base. The Tax
18		Base of each Cook County taxing district is the personal
19		property tax collections for that taxing district for the 1976
20		tax year. The Cook County Tax Base is the personal property tax
21		collections for all taxing districts in Cook County for the
22		1976 tax year. The Department of Revenue shall have authority
23		to review for accuracy and completeness the personal property
24		tax collections for each taxing district within Cook County
25		for the 1976 tax year.
26		For all purposes of this Section 12, amounts paid to a

HB4959 Enrolled - 209 - LRB103 36303 SPS 66401 b
1		taxing district for such tax years as may be applicable by a
2		foreign corporation under the provisions of Section 7-202 of
3		the Public Utilities Act, as amended, shall be deemed to be
4		personal property taxes collected by such taxing district for
5		such tax years as may be applicable. The Director shall
6		determine from the Illinois Commerce Commission, for any tax
7		year as may be applicable, the amounts so paid by any such
8		foreign corporation to any and all taxing districts. The
9		Illinois Commerce Commission shall furnish such information to
10		the Director. For all purposes of this Section 12, the
11		Director shall deem such amounts to be collected personal
12		property taxes of each such taxing district for the applicable
13		tax year or years.
14		Taxing districts located both in Cook County and in one or
15		more other counties shall receive both a Cook County
16		allocation and a Downstate allocation determined in the same
17		way as all other taxing districts.
18		If any taxing district in existence on July 1, 1979 ceases
19		to exist, or discontinues its operations, its Tax Base shall
20		thereafter be deemed to be zero. If the powers, duties and
21		obligations of the discontinued taxing district are assumed by
22		another taxing district, the Tax Base of the discontinued
23		taxing district shall be added to the Tax Base of the taxing
24		district assuming such powers, duties and obligations.
25		If two or more taxing districts in existence on July 1,
26		1979, or a successor or successors thereto shall consolidate

HB4959 Enrolled - 210 - LRB103 36303 SPS 66401 b
1		into one taxing district, the Tax Base of such consolidated
2		taxing district shall be the sum of the Tax Bases of each of
3		the taxing districts which have consolidated.
4		If a single taxing district in existence on July 1, 1979,
5		or a successor or successors thereto shall be divided into two
6		or more separate taxing districts, the tax base of the taxing
7		district so divided shall be allocated to each of the
8		resulting taxing districts in proportion to the then current
9		equalized assessed value of each resulting taxing district.
10		If a portion of the territory of a taxing district is
11		disconnected and annexed to another taxing district of the
12		same type, the Tax Base of the taxing district from which
13		disconnection was made shall be reduced in proportion to the
14		then current equalized assessed value of the disconnected
15		territory as compared with the then current equalized assessed
16		value within the entire territory of the taxing district prior
17		to disconnection, and the amount of such reduction shall be
18		added to the Tax Base of the taxing district to which
19		annexation is made.
20		If a community college district is created after July 1,
21		1979, beginning on January 1, 1996 (the effective date of
22		Public Act 89-327), its Tax Base shall be 3.5% of the sum of
23		the personal property tax collected for the 1977 tax year
24		within the territorial jurisdiction of the district.
25		The amounts allocated and paid to taxing districts
26		pursuant to the provisions of Public Act 81-1st Special

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1		Session-1 shall be deemed to be substitute revenues for the
2		revenues derived from taxes imposed on personal property
3		pursuant to the provisions of the "Revenue Act of 1939" or "An
4		Act for the assessment and taxation of private car line
5		companies", approved July 22, 1943, as amended, or Section 414
6		of the Illinois Insurance Code, prior to the abolition of such
7		taxes and shall be used for the same purposes as the revenues
8		derived from ad valorem taxes on real estate.
9		Monies received by any taxing districts from the Personal
10		Property Tax Replacement Fund shall be first applied toward
11		payment of the proportionate amount of debt service which was
12		previously levied and collected from extensions against
13		personal property on bonds outstanding as of December 31, 1978
14		and next applied toward payment of the proportionate share of
15		the pension or retirement obligations of the taxing district
16		which were previously levied and collected from extensions
17		against personal property. For each such outstanding bond
18		issue, the County Clerk shall determine the percentage of the
19		debt service which was collected from extensions against real
20		estate in the taxing district for 1978 taxes payable in 1979,
21		as related to the total amount of such levies and collections
22		from extensions against both real and personal property. For
23		1979 and subsequent years' taxes, the County Clerk shall levy
24		and extend taxes against the real estate of each taxing
25		district which will yield the said percentage or percentages
26		of the debt service on such outstanding bonds. The balance of

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1		the amount necessary to fully pay such debt service shall
2		constitute a first and prior lien upon the monies received by
3		each such taxing district through the Personal Property Tax
4		Replacement Fund and shall be first applied or set aside for
5		such purpose. In counties having fewer than 3,000,000
6		inhabitants, the amendments to this paragraph as made by
7		Public Act 81-1255 shall be first applicable to 1980 taxes to
8		be collected in 1981.
9		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
10		103-8, eff. 6-7-23.)
11		Section 5-40. The Illinois Procurement Code is amended by
12		changing Section 10-20 as follows:
13		(30 ILCS 500/10-20)
14		Sec. 10-20. Independent chief procurement officers.
15		(a) Appointment. Within 60 calendar days after July 1,
16		2010 (the effective date of Public Act 96-795) this amendatory
17		Act of the 96th General Assembly, the Executive Ethics
18		Commission, with the advice and consent of the Senate shall
19		appoint or approve 4 chief procurement officers, one for each
20		of the following categories:
21		(1) for procurements for construction and
22		construction-related services committed by law to the
23		jurisdiction or responsibility of the Capital Development
24		Board;

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1		(2) for procurements for all construction,
2		construction-related services, operation of any facility,
3		and the provision of any service or activity committed by
4		law to the jurisdiction or responsibility of the Illinois
5		Department of Transportation, including the direct or
6		reimbursable expenditure of all federal funds for which
7		the Department of Transportation is responsible or
8		accountable for the use thereof in accordance with federal
9		law, regulation, or procedure, the chief procurement
10		officer recommended for approval under this item appointed
11		by the Secretary of Transportation after consent by the
12		Executive Ethics Commission;
13		(3) for all procurements made by a public institution
14		of higher education; and
15		(4) for all other procurement needs of State agencies.
16		For fiscal years year 2024 and 2025, the Executive Ethics
17		Commission shall set aside from its appropriation those
18		amounts necessary for the use of the 4 chief procurement
19		officers for the ordinary and contingent expenses of their
20		respective procurement offices. From the amounts set aside by
21		the Commission, each chief procurement officer shall control
22		the internal operations of his or her procurement office and
23		shall procure the necessary equipment, materials, and services
24		to perform the duties of that office, including hiring
25		necessary procurement personnel, legal advisors, and other
26		employees, and may establish, in the exercise of the chief

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1		procurement officer's discretion, the compensation of the
2		office's employees, which includes the State purchasing
3		officers and any legal advisors. The Executive Ethics
4		Commission shall have no control over the employees of the
5		chief procurement officers. The Executive Ethics Commission
6		shall provide administrative support services, including
7		payroll, for each procurement office.
8		(b) Terms and independence. Each chief procurement officer
9		appointed under this Section shall serve for a term of 5 years
10		beginning on the date of the officer's appointment. The chief
11		procurement officer may be removed for cause after a hearing
12		by the Executive Ethics Commission. The Governor or the
13		director of a State agency directly responsible to the
14		Governor may institute a complaint against the officer by
15		filing such complaint with the Commission. The Commission
16		shall have a hearing based on the complaint. The officer and
17		the complainant shall receive reasonable notice of the hearing
18		and shall be permitted to present their respective arguments
19		on the complaint. After the hearing, the Commission shall make
20		a finding on the complaint and may take disciplinary action,
21		including but not limited to removal of the officer.
22		The salary of a chief procurement officer shall be
23		established by the Executive Ethics Commission and may not be
24		diminished during the officer's term. The salary may not
25		exceed the salary of the director of a State agency for which
26		the officer serves as chief procurement officer.

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1		(c) Qualifications. In addition to any other requirement
2		or qualification required by State law, each chief procurement
3		officer must within 12 months of employment be a Certified
4		Professional Public Buyer or a Certified Public Purchasing
5		Officer, pursuant to certification by the Universal Public
6		Purchasing Certification Council, and must reside in Illinois.
7		(d) Fiduciary duty. Each chief procurement officer owes a
8		fiduciary duty to the State.
9		(e) Vacancy. In case of a vacancy in one or more of the
10		offices of a chief procurement officer under this Section
11		during the recess of the Senate, the Executive Ethics
12		Commission shall make a temporary appointment until the next
13		meeting of the Senate, when the Executive Ethics Commission
14		shall nominate some person to fill the office, and any person
15		so nominated who is confirmed by the Senate shall hold office
16		during the remainder of the term and until his or her successor
17		is appointed and qualified. If the Senate is not in session at
18		the time Public Act 96-920 this amendatory Act of the 96th
19		General Assembly takes effect, the Executive Ethics Commission
20		shall make a temporary appointment as in the case of a vacancy.
21		(f) (Blank).
22		(g) (Blank).
23		(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
24		Section 5-43. The State Prompt Payment Act is amended by
25		changing Section 3-6 and by adding Section 3-7 as follows:

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1		(30 ILCS 540/3-6)
2		Sec. 3-6. Federal funds; lack of authority. If an agency
3		incurs an interest liability under this Act that cannot be
4		charged to the same expenditure authority account to which the
5		related goods or services were charged due to federal
6		prohibitions, the agency is authorized to pay the interest
7		from its available appropriations from the General Revenue
8		Fund, except that the Department of Transportation is
9		authorized to pay the interest from its available
10		appropriations from the Road Fund, as long as the original
11		goods or services were for purposes consistent with Section 11
12		of Article IX of the Illinois Constitution.
13		(Source: P.A. 100-587, eff. 6-4-18.)
14		(30 ILCS 540/3-7 new)
15		Sec. 3-7. Transportation bond funds. If the Department of
16		Transportation incurs an interest liability under this Act
17		that would be payable from a transportation bond fund, the
18		Department of Transportation is authorized to pay the interest
19		from its available appropriations from the Road Fund, as long
20		as the original purpose to which the bond funds were applied
21		was consistent with Section 11 of Article IX of the Illinois
22		Constitution. As used in this Section, "transportation bond
23		fund" means any of the following funds in the State treasury:
24		the Transportation Bond, Series A Fund; the Transportation

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1		Bond, Series B Fund; the Transportation Bond Series D Fund;
2		and the Multi-modal Transportation Bond Fund.
3		Section 5-45. The Illinois Works Jobs Program Act is
4		amended by changing Section 20-15 as follows:
5		(30 ILCS 559/20-15)
6		Sec. 20-15. Illinois Works Preapprenticeship Program;
7		Illinois Works Bid Credit Program.
8		(a) The Illinois Works Preapprenticeship Program is
9		established and shall be administered by the Department. The
10		goal of the Illinois Works Preapprenticeship Program is to
11		create a network of community-based organizations throughout
12		the State that will recruit, prescreen, and provide
13		preapprenticeship skills training, for which participants may
14		attend free of charge and receive a stipend, to create a
15		qualified, diverse pipeline of workers who are prepared for
16		careers in the construction and building trades. Upon
17		completion of the Illinois Works Preapprenticeship Program,
18		the candidates will be skilled and work-ready.
19		(b) There is created the Illinois Works Fund, a special
20		fund in the State treasury. The Illinois Works Fund shall be
21		administered by the Department. The Illinois Works Fund shall
22		be used to provide funding for community-based organizations
23		throughout the State. In addition to any other transfers that
24		may be provided for by law, on and after July 1, 2019 at the

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1		direction of the Director of the Governor's Office of
2		Management and Budget, the State Comptroller shall direct and
3		the State Treasurer shall transfer amounts not exceeding a
4		total of $50,000,000 from the Rebuild Illinois Projects Fund
5		to the Illinois Works Fund.
6		(b-5) In addition to any other transfers that may be
7		provided for by law, beginning July 1, 2024 and each July 1
8		thereafter, or as soon thereafter as practical, the State
9		Comptroller shall direct and the State Treasurer shall
10		transfer $20,000,000 from the Capital Projects Fund to the
11		Illinois Works Fund.
12		(c) Each community-based organization that receives
13		funding from the Illinois Works Fund shall provide an annual
14		report to the Illinois Works Review Panel by April 1 of each
15		calendar year. The annual report shall include the following
16		information:
17		(1) a description of the community-based
18		organization's recruitment, screening, and training
19		efforts;
20		(2) the number of individuals who apply to,
21		participate in, and complete the community-based
22		organization's program, broken down by race, gender, age,
23		and veteran status; and
24		(3) the number of the individuals referenced in item (2)
25		of this subsection who are initially accepted and placed
26		into apprenticeship programs in the construction and

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1		building trades.
2		(d) The Department shall create and administer the
3		Illinois Works Bid Credit Program that shall provide economic
4		incentives, through bid credits, to encourage contractors and
5		subcontractors to provide contracting and employment
6		opportunities to historically underrepresented populations in
7		the construction industry.
8		The Illinois Works Bid Credit Program shall allow
9		contractors and subcontractors to earn bid credits for use
10		toward future bids for public works projects contracted by the
11		State or an agency of the State in order to increase the
12		chances that the contractor and the subcontractors will be
13		selected.
14		Contractors or subcontractors may be eligible to earn bid
15		credits for employing apprentices who have completed the
16		Illinois Works Preapprenticeship Program. Contractors or
17		subcontractors shall earn bid credits at a rate established by
18		the Department and based on labor hours worked by apprentices
19		who have completed the Illinois Works Preapprenticeship
20		Program. In order to earn bid credits, contractors and
21		subcontractors shall provide the Department with certified
22		payroll documenting the hours performed by apprentices who
23		have completed the Illinois Works Preapprenticeship Program.
24		Contractors and subcontractors can use bid credits toward
25		future bids for public works projects contracted or funded by
26		the State or an agency of the State in order to increase the

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1		likelihood of being selected as the contractor for the public
2		works project toward which they have applied the bid credit.
3		The Department shall establish the rate by rule and shall
4		publish it on the Department's website. The rule may include
5		maximum bid credits allowed per contractor, per subcontractor,
6		per apprentice, per bid, or per year.
7		The Illinois Works Credit Bank is hereby created and shall
8		be administered by the Department. The Illinois Works Credit
9		Bank shall track the bid credits.
10		A contractor or subcontractor who has been awarded bid
11		credits under any other State program for employing
12		apprentices who have completed the Illinois Works
13		Preapprenticeship Program is not eligible to receive bid
14		credits under the Illinois Works Bid Credit Program relating
15		to the same contract.
16		The Department shall report to the Illinois Works Review
17		Panel the following: (i) the number of bid credits awarded by
18		the Department; (ii) the number of bid credits submitted by
19		the contractor or subcontractor to the agency administering
20		the public works contract; and (iii) the number of bid credits
21		accepted by the agency for such contract. Any agency that
22		awards bid credits pursuant to the Illinois Works Credit Bank
23		Program shall report to the Department the number of bid
24		credits it accepted for the public works contract.
25		Upon a finding that a contractor or subcontractor has
26		reported falsified records to the Department in order to

HB4959 Enrolled - 221 - LRB103 36303 SPS 66401 b
1		fraudulently obtain bid credits, the Department may bar the
2		contractor or subcontractor from participating in the Illinois
3		Works Bid Credit Program and may suspend the contractor or
4		subcontractor from bidding on or participating in any public
5		works project. False or fraudulent claims for payment relating
6		to false bid credits may be subject to damages and penalties
7		under applicable law.
8		(e) The Department shall adopt any rules deemed necessary
9		to implement this Section. In order to provide for the
10		expeditious and timely implementation of this Act, the
11		Department may adopt emergency rules. The adoption of
12		emergency rules authorized by this subsection is deemed to be
13		necessary for the public interest, safety, and welfare.
14		(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
15		revised 9-6-23.)
16		Section 5-47. The Downstate Public Transportation Act is
17		amended by changing Section 2-3 as follows:
18		(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
19		Sec. 2-3. (a) As soon as possible after the first day of
20		each month, beginning July 1, 1984, upon certification of the
21		Department of Revenue, the Comptroller shall order
22		transferred, and the Treasurer shall transfer, from the
23		General Revenue Fund to a special fund in the State Treasury
24		which is hereby created, to be known as the Downstate Public

HB4959 Enrolled - 222 - LRB103 36303 SPS 66401 b
1		Transportation Fund, an amount equal to 2/32 (beginning July
2		1, 2005, 3/32) of the net revenue realized from the Retailers'
3		Occupation Tax Act, the Service Occupation Tax Act, the Use
4		Tax Act, and the Service Use Tax Act from persons incurring
5		municipal or county retailers' or service occupation tax
6		liability for the benefit of any municipality or county
7		located wholly within the boundaries of each participant,
8		other than any Metro-East Transit District participant
9		certified pursuant to subsection (c) of this Section during
10		the preceding month, except that the Department shall pay into
11		the Downstate Public Transportation Fund 2/32 (beginning July
12		1, 2005, 3/32) of 80% of the net revenue realized under the
13		State tax Acts named above within any municipality or county
14		located wholly within the boundaries of each participant,
15		other than any Metro-East participant, for tax periods
16		beginning on or after January 1, 1990. Net revenue realized
17		for a month shall be the revenue collected by the State
18		pursuant to such Acts during the previous month from persons
19		incurring municipal or county retailers' or service occupation
20		tax liability for the benefit of any municipality or county
21		located wholly within the boundaries of a participant, less
22		the amount paid out during that same month as refunds or credit
23		memoranda to taxpayers for overpayment of liability under such
24		Acts for the benefit of any municipality or county located
25		wholly within the boundaries of a participant.
26		Notwithstanding any provision of law to the contrary,

HB4959 Enrolled - 223 - LRB103 36303 SPS 66401 b
1		beginning on July 6, 2017 (the effective date of Public Act
2		100-23), those amounts required under this subsection (a) to
3		be transferred by the Treasurer into the Downstate Public
4		Transportation Fund from the General Revenue Fund shall be
5		directly deposited into the Downstate Public Transportation
6		Fund as the revenues are realized from the taxes indicated.
7		(b) As soon as possible after the first day of each month,
8		beginning July 1, 1989, upon certification of the Department
9		of Revenue, the Comptroller shall order transferred, and the
10		Treasurer shall transfer, from the General Revenue Fund to a
11		special fund in the State Treasury which is hereby created, to
12		be known as the Metro-East Public Transportation Fund, an
13		amount equal to 2/32 of the net revenue realized, as above,
14		from within the boundaries of Madison, Monroe, and St. Clair
15		Counties, except that the Department shall pay into the
16		Metro-East Public Transportation Fund 2/32 of 80% of the net
17		revenue realized under the State tax Acts specified in
18		subsection (a) of this Section within the boundaries of
19		Madison, Monroe and St. Clair Counties for tax periods
20		beginning on or after January 1, 1990. A local match
21		equivalent to an amount which could be raised by a tax levy at
22		the rate of .05% on the assessed value of property within the
23		boundaries of Madison County is required annually to cause a
24		total of 2/32 of the net revenue to be deposited in the
25		Metro-East Public Transportation Fund. Failure to raise the
26		required local match annually shall result in only 1/32 being

HB4959 Enrolled - 224 - LRB103 36303 SPS 66401 b
1		deposited into the Metro-East Public Transportation Fund after
2		July 1, 1989, or 1/32 of 80% of the net revenue realized for
3		tax periods beginning on or after January 1, 1990.
4		(b-5) As soon as possible after the first day of each
5		month, beginning July 1, 2005, upon certification of the
6		Department of Revenue, the Comptroller shall order
7		transferred, and the Treasurer shall transfer, from the
8		General Revenue Fund to the Downstate Public Transportation
9		Fund, an amount equal to 3/32 of 80% of the net revenue
10		realized from within the boundaries of Monroe and St. Clair
11		Counties under the State Tax Acts specified in subsection (a)
12		of this Section and provided further that, beginning July 1,
13		2005, the provisions of subsection (b) shall no longer apply
14		with respect to such tax receipts from Monroe and St. Clair
15		Counties.
16		Notwithstanding any provision of law to the contrary,
17		beginning on July 6, 2017 (the effective date of Public Act
18		100-23), those amounts required under this subsection (b-5) to
19		be transferred by the Treasurer into the Downstate Public
20		Transportation Fund from the General Revenue Fund shall be
21		directly deposited into the Downstate Public Transportation
22		Fund as the revenues are realized from the taxes indicated.
23		(b-6) As soon as possible after the first day of each
24		month, beginning July 1, 2008, upon certification by the
25		Department of Revenue, the Comptroller shall order transferred
26		and the Treasurer shall transfer, from the General Revenue

HB4959 Enrolled - 225 - LRB103 36303 SPS 66401 b
1		Fund to the Downstate Public Transportation Fund, an amount
2		equal to 3/32 of 80% of the net revenue realized from within
3		the boundaries of Madison County under the State Tax Acts
4		specified in subsection (a) of this Section and provided
5		further that, beginning July 1, 2008, the provisions of
6		subsection (b) shall no longer apply with respect to such tax
7		receipts from Madison County.
8		Notwithstanding any provision of law to the contrary,
9		beginning on July 6, 2017 (the effective date of Public Act
10		100-23), those amounts required under this subsection (b-6) to
11		be transferred by the Treasurer into the Downstate Public
12		Transportation Fund from the General Revenue Fund shall be
13		directly deposited into the Downstate Public Transportation
14		Fund as the revenues are realized from the taxes indicated.
15		(b-7) Beginning July 1, 2018, notwithstanding any the
16		other provisions of law to the contrary this Section, instead
17		of the Comptroller making monthly transfers from the General
18		Revenue Fund to the Downstate Public Transportation Fund, the
19		Department of Revenue shall deposit the designated fraction of
20		the net revenue realized from collections under the Retailers'
21		Occupation Tax Act, the Service Occupation Tax Act, the Use
22		Tax Act, and the Service Use Tax Act directly into the
23		Downstate Public Transportation Fund, except that, for the
24		State fiscal year beginning July 1, 2024, the first
25		$75,000,000 that would have otherwise been deposited as
26		provided in this subsection shall instead be transferred from

HB4959 Enrolled - 226 - LRB103 36303 SPS 66401 b
1		the Road Fund to the Downstate Public Transportation Fund by
2		the Treasurer upon certification by the Department of Revenue
3		and order of the Comptroller. The funds authorized and
4		transferred pursuant to this amendatory Act of the 103rd
5		General Assembly are not intended or planned for road
6		construction projects.
7		(c) The Department shall certify to the Department of
8		Revenue the eligible participants under this Article and the
9		territorial boundaries of such participants for the purposes
10		of the Department of Revenue in subsections (a) and (b) of this
11		Section.
12		(d) For the purposes of this Article, beginning in fiscal
13		year 2009 the General Assembly shall appropriate an amount
14		from the Downstate Public Transportation Fund equal to the sum
15		total of funds projected to be paid to the participants
16		pursuant to Section 2-7. If the General Assembly fails to make
17		appropriations sufficient to cover the amounts projected to be
18		paid pursuant to Section 2-7, this Act shall constitute an
19		irrevocable and continuing appropriation from the Downstate
20		Public Transportation Fund of all amounts necessary for those
21		purposes.
22		(e) (Blank).
23		(f) (Blank).
24		(g) (Blank).
25		(h) For State fiscal year 2020 only, notwithstanding any
26		provision of law to the contrary, the total amount of revenue

HB4959 Enrolled - 227 - LRB103 36303 SPS 66401 b
1		and deposits under this Section attributable to revenues
2		realized during State fiscal year 2020 shall be reduced by 5%.
3		(i) For State fiscal year 2021 only, notwithstanding any
4		provision of law to the contrary, the total amount of revenue
5		and deposits under this Section attributable to revenues
6		realized during State fiscal year 2021 shall be reduced by 5%.
7		(j) Commencing with State fiscal year 2022 programs, and
8		for each fiscal year thereafter, all appropriations made under
9		the provisions of this Act shall not constitute a grant
10		program subject to the requirements of the Grant
11		Accountability and Transparency Act. The Department shall
12		approve programs of proposed expenditures and services
13		submitted by participants under the requirements of Sections
14		2-5 and 2-11.
15		(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
16		102-626, eff. 8-27-21.)
17		Section 5-50. The Illinois Income Tax Act is amended by
18		changing Section 901 as follows:
19		(35 ILCS 5/901)
20		Sec. 901. Collection authority.
21		(a) In general. The Department shall collect the taxes
22		imposed by this Act. The Department shall collect certified
23		past due child support amounts under Section 2505-650 of the
24		Department of Revenue Law of the Civil Administrative Code of

HB4959 Enrolled - 228 - LRB103 36303 SPS 66401 b
1		Illinois. Except as provided in subsections (b), (c), (e),
2		(f), (g), and (h) of this Section, money collected pursuant to
3		subsections (a) and (b) of Section 201 of this Act shall be
4		paid into the General Revenue Fund in the State treasury;
5		money collected pursuant to subsections (c) and (d) of Section
6		201 of this Act shall be paid into the Personal Property Tax
7		Replacement Fund, a special fund in the State Treasury; and
8		money collected under Section 2505-650 of the Department of
9		Revenue Law of the Civil Administrative Code of Illinois shall
10		be paid into the Child Support Enforcement Trust Fund, a
11		special fund outside the State Treasury, or to the State
12		Disbursement Unit established under Section 10-26 of the
13		Illinois Public Aid Code, as directed by the Department of
14		Healthcare and Family Services.
15		(b) Local Government Distributive Fund. Beginning August
16		1, 2017 and continuing through July 31, 2022, the Treasurer
17		shall transfer each month from the General Revenue Fund to the
18		Local Government Distributive Fund an amount equal to the sum
19		of: (i) 6.06% (10% of the ratio of the 3% individual income tax
20		rate prior to 2011 to the 4.95% individual income tax rate
21		after July 1, 2017) of the net revenue realized from the tax
22		imposed by subsections (a) and (b) of Section 201 of this Act
23		upon individuals, trusts, and estates during the preceding
24		month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
25		income tax rate prior to 2011 to the 7% corporate income tax
26		rate after July 1, 2017) of the net revenue realized from the

HB4959 Enrolled - 229 - LRB103 36303 SPS 66401 b
1		tax imposed by subsections (a) and (b) of Section 201 of this
2		Act upon corporations during the preceding month; and (iii)
3		beginning February 1, 2022, 6.06% of the net revenue realized
4		from the tax imposed by subsection (p) of Section 201 of this
5		Act upon electing pass-through entities. Beginning August 1,
6		2022 and continuing through July 31, 2023, the Treasurer shall
7		transfer each month from the General Revenue Fund to the Local
8		Government Distributive Fund an amount equal to the sum of:
9		(i) 6.16% of the net revenue realized from the tax imposed by
10		subsections (a) and (b) of Section 201 of this Act upon
11		individuals, trusts, and estates during the preceding month;
12		(ii) 6.85% of the net revenue realized from the tax imposed by
13		subsections (a) and (b) of Section 201 of this Act upon
14		corporations during the preceding month; and (iii) 6.16% of
15		the net revenue realized from the tax imposed by subsection
16		(p) of Section 201 of this Act upon electing pass-through
17		entities. Beginning August 1, 2023, the Treasurer shall
18		transfer each month from the General Revenue Fund to the Local
19		Government Distributive Fund an amount equal to the sum of:
20		(i) 6.47% of the net revenue realized from the tax imposed by
21		subsections (a) and (b) of Section 201 of this Act upon
22		individuals, trusts, and estates during the preceding month;
23		(ii) 6.85% of the net revenue realized from the tax imposed by
24		subsections (a) and (b) of Section 201 of this Act upon
25		corporations during the preceding month; and (iii) 6.47% of
26		the net revenue realized from the tax imposed by subsection

HB4959 Enrolled - 230 - LRB103 36303 SPS 66401 b
1		(p) of Section 201 of this Act upon electing pass-through
2		entities. Net revenue realized for a month shall be defined as
3		the revenue from the tax imposed by subsections (a) and (b) of
4		Section 201 of this Act which is deposited into the General
5		Revenue Fund, the Education Assistance Fund, the Income Tax
6		Surcharge Local Government Distributive Fund, the Fund for the
7		Advancement of Education, and the Commitment to Human Services
8		Fund during the month minus the amount paid out of the General
9		Revenue Fund in State warrants during that same month as
10		refunds to taxpayers for overpayment of liability under the
11		tax imposed by subsections (a) and (b) of Section 201 of this
12		Act.
13		Notwithstanding any provision of law to the contrary,
14		beginning on July 6, 2017 (the effective date of Public Act
15		100-23), those amounts required under this subsection (b) to
16		be transferred by the Treasurer into the Local Government
17		Distributive Fund from the General Revenue Fund shall be
18		directly deposited into the Local Government Distributive Fund
19		as the revenue is realized from the tax imposed by subsections
20		(a) and (b) of Section 201 of this Act.
21		(c) Deposits Into Income Tax Refund Fund.
22		(1) Beginning on January 1, 1989 and thereafter, the
23		Department shall deposit a percentage of the amounts
24		collected pursuant to subsections (a) and (b)(1), (2), and
25		(3) of Section 201 of this Act into a fund in the State
26		treasury known as the Income Tax Refund Fund. Beginning

HB4959 Enrolled - 231 - LRB103 36303 SPS 66401 b
1		with State fiscal year 1990 and for each fiscal year
2		thereafter, the percentage deposited into the Income Tax
3		Refund Fund during a fiscal year shall be the Annual
4		Percentage. For fiscal year 2011, the Annual Percentage
5		shall be 8.75%. For fiscal year 2012, the Annual
6		Percentage shall be 8.75%. For fiscal year 2013, the
7		Annual Percentage shall be 9.75%. For fiscal year 2014,
8		the Annual Percentage shall be 9.5%. For fiscal year 2015,
9		the Annual Percentage shall be 10%. For fiscal year 2018,
10		the Annual Percentage shall be 9.8%. For fiscal year 2019,
11		the Annual Percentage shall be 9.7%. For fiscal year 2020,
12		the Annual Percentage shall be 9.5%. For fiscal year 2021,
13		the Annual Percentage shall be 9%. For fiscal year 2022,
14		the Annual Percentage shall be 9.25%. For fiscal year
15		2023, the Annual Percentage shall be 9.25%. For fiscal
16		year 2024, the Annual Percentage shall be 9.15%. For
17		fiscal year 2025, the Annual Percentage shall be 9.15%.
18		For all other fiscal years, the Annual Percentage shall be
19		calculated as a fraction, the numerator of which shall be
20		the amount of refunds approved for payment by the
21		Department during the preceding fiscal year as a result of
22		overpayment of tax liability under subsections (a) and
23		(b)(1), (2), and (3) of Section 201 of this Act plus the
24		amount of such refunds remaining approved but unpaid at
25		the end of the preceding fiscal year, minus the amounts
26		transferred into the Income Tax Refund Fund from the

HB4959 Enrolled - 232 - LRB103 36303 SPS 66401 b
1		Tobacco Settlement Recovery Fund, and the denominator of
2		which shall be the amounts which will be collected
3		pursuant to subsections (a) and (b)(1), (2), and (3) of
4		Section 201 of this Act during the preceding fiscal year;
5		except that in State fiscal year 2002, the Annual
6		Percentage shall in no event exceed 7.6%. The Director of
7		Revenue shall certify the Annual Percentage to the
8		Comptroller on the last business day of the fiscal year
9		immediately preceding the fiscal year for which it is to
10		be effective.
11		(2) Beginning on January 1, 1989 and thereafter, the
12		Department shall deposit a percentage of the amounts
13		collected pursuant to subsections (a) and (b)(6), (7), and
14		(8), (c) and (d) of Section 201 of this Act into a fund in
15		the State treasury known as the Income Tax Refund Fund.
16		Beginning with State fiscal year 1990 and for each fiscal
17		year thereafter, the percentage deposited into the Income
18		Tax Refund Fund during a fiscal year shall be the Annual
19		Percentage. For fiscal year 2011, the Annual Percentage
20		shall be 17.5%. For fiscal year 2012, the Annual
21		Percentage shall be 17.5%. For fiscal year 2013, the
22		Annual Percentage shall be 14%. For fiscal year 2014, the
23		Annual Percentage shall be 13.4%. For fiscal year 2015,
24		the Annual Percentage shall be 14%. For fiscal year 2018,
25		the Annual Percentage shall be 17.5%. For fiscal year
26		2019, the Annual Percentage shall be 15.5%. For fiscal

HB4959 Enrolled - 233 - LRB103 36303 SPS 66401 b
1		year 2020, the Annual Percentage shall be 14.25%. For
2		fiscal year 2021, the Annual Percentage shall be 14%. For
3		fiscal year 2022, the Annual Percentage shall be 15%. For
4		fiscal year 2023, the Annual Percentage shall be 14.5%.
5		For fiscal year 2024, the Annual Percentage shall be 14%.
6		For fiscal year 2025, the Annual Percentage shall be 14%.
7		For all other fiscal years, the Annual Percentage shall be
8		calculated as a fraction, the numerator of which shall be
9		the amount of refunds approved for payment by the
10		Department during the preceding fiscal year as a result of
11		overpayment of tax liability under subsections (a) and
12		(b)(6), (7), and (8), (c) and (d) of Section 201 of this
13		Act plus the amount of such refunds remaining approved but
14		unpaid at the end of the preceding fiscal year, and the
15		denominator of which shall be the amounts which will be
16		collected pursuant to subsections (a) and (b)(6), (7), and
17		(8), (c) and (d) of Section 201 of this Act during the
18		preceding fiscal year; except that in State fiscal year
19		2002, the Annual Percentage shall in no event exceed 23%.
20		The Director of Revenue shall certify the Annual
21		Percentage to the Comptroller on the last business day of
22		the fiscal year immediately preceding the fiscal year for
23		which it is to be effective.
24		(3) The Comptroller shall order transferred and the
25		Treasurer shall transfer from the Tobacco Settlement
26		Recovery Fund to the Income Tax Refund Fund (i)

HB4959 Enrolled - 234 - LRB103 36303 SPS 66401 b
1		$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2		2002, and (iii) $35,000,000 in January, 2003.
3		(d) Expenditures from Income Tax Refund Fund.
4		(1) Beginning January 1, 1989, money in the Income Tax
5		Refund Fund shall be expended exclusively for the purpose
6		of paying refunds resulting from overpayment of tax
7		liability under Section 201 of this Act and for making
8		transfers pursuant to this subsection (d), except that in
9		State fiscal years 2022 and 2023, moneys in the Income Tax
10		Refund Fund shall also be used to pay one-time rebate
11		payments as provided under Sections 208.5 and 212.1.
12		(2) The Director shall order payment of refunds
13		resulting from overpayment of tax liability under Section
14		201 of this Act from the Income Tax Refund Fund only to the
15		extent that amounts collected pursuant to Section 201 of
16		this Act and transfers pursuant to this subsection (d) and
17		item (3) of subsection (c) have been deposited and
18		retained in the Fund.
19		(3) As soon as possible after the end of each fiscal
20		year, the Director shall order transferred and the State
21		Treasurer and State Comptroller shall transfer from the
22		Income Tax Refund Fund to the Personal Property Tax
23		Replacement Fund an amount, certified by the Director to
24		the Comptroller, equal to the excess of the amount
25		collected pursuant to subsections (c) and (d) of Section
26		201 of this Act deposited into the Income Tax Refund Fund

HB4959 Enrolled - 235 - LRB103 36303 SPS 66401 b
1		during the fiscal year over the amount of refunds
2		resulting from overpayment of tax liability under
3		subsections (c) and (d) of Section 201 of this Act paid
4		from the Income Tax Refund Fund during the fiscal year.
5		(4) As soon as possible after the end of each fiscal
6		year, the Director shall order transferred and the State
7		Treasurer and State Comptroller shall transfer from the
8		Personal Property Tax Replacement Fund to the Income Tax
9		Refund Fund an amount, certified by the Director to the
10		Comptroller, equal to the excess of the amount of refunds
11		resulting from overpayment of tax liability under
12		subsections (c) and (d) of Section 201 of this Act paid
13		from the Income Tax Refund Fund during the fiscal year
14		over the amount collected pursuant to subsections (c) and
15		(d) of Section 201 of this Act deposited into the Income
16		Tax Refund Fund during the fiscal year.
17		(4.5) As soon as possible after the end of fiscal year
18		1999 and of each fiscal year thereafter, the Director
19		shall order transferred and the State Treasurer and State
20		Comptroller shall transfer from the Income Tax Refund Fund
21		to the General Revenue Fund any surplus remaining in the
22		Income Tax Refund Fund as of the end of such fiscal year;
23		excluding for fiscal years 2000, 2001, and 2002 amounts
24		attributable to transfers under item (3) of subsection (c)
25		less refunds resulting from the earned income tax credit,
26		and excluding for fiscal year 2022 amounts attributable to

HB4959 Enrolled - 236 - LRB103 36303 SPS 66401 b
1		transfers from the General Revenue Fund authorized by
2		Public Act 102-700.
3		(5) This Act shall constitute an irrevocable and
4		continuing appropriation from the Income Tax Refund Fund
5		for the purposes of (i) paying refunds upon the order of
6		the Director in accordance with the provisions of this
7		Section and (ii) paying one-time rebate payments under
8		Sections 208.5 and 212.1.
9		(e) Deposits into the Education Assistance Fund and the
10		Income Tax Surcharge Local Government Distributive Fund. On
11		July 1, 1991, and thereafter, of the amounts collected
12		pursuant to subsections (a) and (b) of Section 201 of this Act,
13		minus deposits into the Income Tax Refund Fund, the Department
14		shall deposit 7.3% into the Education Assistance Fund in the
15		State Treasury. Beginning July 1, 1991, and continuing through
16		January 31, 1993, of the amounts collected pursuant to
17		subsections (a) and (b) of Section 201 of the Illinois Income
18		Tax Act, minus deposits into the Income Tax Refund Fund, the
19		Department shall deposit 3.0% into the Income Tax Surcharge
20		Local Government Distributive Fund in the State Treasury.
21		Beginning February 1, 1993 and continuing through June 30,
22		1993, of the amounts collected pursuant to subsections (a) and
23		(b) of Section 201 of the Illinois Income Tax Act, minus
24		deposits into the Income Tax Refund Fund, the Department shall
25		deposit 4.4% into the Income Tax Surcharge Local Government
26		Distributive Fund in the State Treasury. Beginning July 1,

HB4959 Enrolled - 237 - LRB103 36303 SPS 66401 b
1		1993, and continuing through June 30, 1994, of the amounts
2		collected under subsections (a) and (b) of Section 201 of this
3		Act, minus deposits into the Income Tax Refund Fund, the
4		Department shall deposit 1.475% into the Income Tax Surcharge
5		Local Government Distributive Fund in the State Treasury.
6		(f) Deposits into the Fund for the Advancement of
7		Education. Beginning February 1, 2015, the Department shall
8		deposit the following portions of the revenue realized from
9		the tax imposed upon individuals, trusts, and estates by
10		subsections (a) and (b) of Section 201 of this Act, minus
11		deposits into the Income Tax Refund Fund, into the Fund for the
12		Advancement of Education:
13		(1) beginning February 1, 2015, and prior to February
14		1, 2025, 1/30; and
15		(2) beginning February 1, 2025, 1/26.
16		If the rate of tax imposed by subsection (a) and (b) of
17		Section 201 is reduced pursuant to Section 201.5 of this Act,
18		the Department shall not make the deposits required by this
19		subsection (f) on or after the effective date of the
20		reduction.
21		(g) Deposits into the Commitment to Human Services Fund.
22		Beginning February 1, 2015, the Department shall deposit the
23		following portions of the revenue realized from the tax
24		imposed upon individuals, trusts, and estates by subsections
25		(a) and (b) of Section 201 of this Act, minus deposits into the
26		Income Tax Refund Fund, into the Commitment to Human Services

HB4959 Enrolled - 238 - LRB103 36303 SPS 66401 b
1		Fund:
2		(1) beginning February 1, 2015, and prior to February
3		1, 2025, 1/30; and
4		(2) beginning February 1, 2025, 1/26.
5		If the rate of tax imposed by subsection (a) and (b) of
6		Section 201 is reduced pursuant to Section 201.5 of this Act,
7		the Department shall not make the deposits required by this
8		subsection (g) on or after the effective date of the
9		reduction.
10		(h) Deposits into the Tax Compliance and Administration
11		Fund. Beginning on the first day of the first calendar month to
12		occur on or after August 26, 2014 (the effective date of Public
13		Act 98-1098), each month the Department shall pay into the Tax
14		Compliance and Administration Fund, to be used, subject to
15		appropriation, to fund additional auditors and compliance
16		personnel at the Department, an amount equal to 1/12 of 5% of
17		the cash receipts collected during the preceding fiscal year
18		by the Audit Bureau of the Department from the tax imposed by
19		subsections (a), (b), (c), and (d) of Section 201 of this Act,
20		net of deposits into the Income Tax Refund Fund made from those
21		cash receipts.
22		(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
23		102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
24		4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
25		eff. 6-30-23.)

HB4959 Enrolled - 239 - LRB103 36303 SPS 66401 b
1		Section 5-60. The Regional Transportation Authority Act is
2		amended by changing Section 4.09 as follows:
3		(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
4		Sec. 4.09. Public Transportation Fund and the Regional
5		Transportation Authority Occupation and Use Tax Replacement
6		Fund.
7		(a)(1) Except as otherwise provided in paragraph (4), as
8		soon as possible after the first day of each month, beginning
9		July 1, 1984, upon certification of the Department of Revenue,
10		the Comptroller shall order transferred and the Treasurer
11		shall transfer from the General Revenue Fund to a special fund
12		in the State Treasury to be known as the Public Transportation
13		Fund an amount equal to 25% of the net revenue, before the
14		deduction of the serviceman and retailer discounts pursuant to
15		Section 9 of the Service Occupation Tax Act and Section 3 of
16		the Retailers' Occupation Tax Act, realized from any tax
17		imposed by the Authority pursuant to Sections 4.03 and 4.03.1
18		and 25% of the amounts deposited into the Regional
19		Transportation Authority tax fund created by Section 4.03 of
20		this Act, from the County and Mass Transit District Fund as
21		provided in Section 6z-20 of the State Finance Act and 25% of
22		the amounts deposited into the Regional Transportation
23		Authority Occupation and Use Tax Replacement Fund from the
24		State and Local Sales Tax Reform Fund as provided in Section
25		6z-17 of the State Finance Act. On the first day of the month

HB4959 Enrolled - 240 - LRB103 36303 SPS 66401 b
1		following the date that the Department receives revenues from
2		increased taxes under Section 4.03(m) as authorized by Public
3		Act 95-708, in lieu of the transfers authorized in the
4		preceding sentence, upon certification of the Department of
5		Revenue, the Comptroller shall order transferred and the
6		Treasurer shall transfer from the General Revenue Fund to the
7		Public Transportation Fund an amount equal to 25% of the net
8		revenue, before the deduction of the serviceman and retailer
9		discounts pursuant to Section 9 of the Service Occupation Tax
10		Act and Section 3 of the Retailers' Occupation Tax Act,
11		realized from (i) 80% of the proceeds of any tax imposed by the
12		Authority at a rate of 1.25% in Cook County, (ii) 75% of the
13		proceeds of any tax imposed by the Authority at the rate of 1%
14		in Cook County, and (iii) one-third of the proceeds of any tax
15		imposed by the Authority at the rate of 0.75% in the Counties
16		of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
17		Section 4.03, and 25% of the net revenue realized from any tax
18		imposed by the Authority pursuant to Section 4.03.1, and 25%
19		of the amounts deposited into the Regional Transportation
20		Authority tax fund created by Section 4.03 of this Act from the
21		County and Mass Transit District Fund as provided in Section
22		6z-20 of the State Finance Act, and 25% of the amounts
23		deposited into the Regional Transportation Authority
24		Occupation and Use Tax Replacement Fund from the State and
25		Local Sales Tax Reform Fund as provided in Section 6z-17 of the
26		State Finance Act. As used in this Section, net revenue

HB4959 Enrolled - 241 - LRB103 36303 SPS 66401 b
1		realized for a month shall be the revenue collected by the
2		State pursuant to Sections 4.03 and 4.03.1 during the previous
3		month from within the metropolitan region, less the amount
4		paid out during that same month as refunds to taxpayers for
5		overpayment of liability in the metropolitan region under
6		Sections 4.03 and 4.03.1.
7		Notwithstanding any provision of law to the contrary,
8		beginning on July 6, 2017 (the effective date of Public Act
9		100-23), those amounts required under this paragraph (1) of
10		subsection (a) to be transferred by the Treasurer into the
11		Public Transportation Fund from the General Revenue Fund shall
12		be directly deposited into the Public Transportation Fund as
13		the revenues are realized from the taxes indicated.
14		(2) Except as otherwise provided in paragraph (4), on
15		February 1, 2009 (the first day of the month following the
16		effective date of Public Act 95-708) and each month
17		thereafter, upon certification by the Department of Revenue,
18		the Comptroller shall order transferred and the Treasurer
19		shall transfer from the General Revenue Fund to the Public
20		Transportation Fund an amount equal to 5% of the net revenue,
21		before the deduction of the serviceman and retailer discounts
22		pursuant to Section 9 of the Service Occupation Tax Act and
23		Section 3 of the Retailers' Occupation Tax Act, realized from
24		any tax imposed by the Authority pursuant to Sections 4.03 and
25		4.03.1 and certified by the Department of Revenue under
26		Section 4.03(n) of this Act to be paid to the Authority and 5%

HB4959 Enrolled - 242 - LRB103 36303 SPS 66401 b
1		of the amounts deposited into the Regional Transportation
2		Authority tax fund created by Section 4.03 of this Act from the
3		County and Mass Transit District Fund as provided in Section
4		6z-20 of the State Finance Act, and 5% of the amounts deposited
5		into the Regional Transportation Authority Occupation and Use
6		Tax Replacement Fund from the State and Local Sales Tax Reform
7		Fund as provided in Section 6z-17 of the State Finance Act, and
8		5% of the revenue realized by the Chicago Transit Authority as
9		financial assistance from the City of Chicago from the
10		proceeds of any tax imposed by the City of Chicago under
11		Section 8-3-19 of the Illinois Municipal Code.
12		Notwithstanding any provision of law to the contrary,
13		beginning on July 6, 2017 (the effective date of Public Act
14		100-23), those amounts required under this paragraph (2) of
15		subsection (a) to be transferred by the Treasurer into the
16		Public Transportation Fund from the General Revenue Fund shall
17		be directly deposited into the Public Transportation Fund as
18		the revenues are realized from the taxes indicated.
19		(3) Except as otherwise provided in paragraph (4), as soon
20		as possible after the first day of January, 2009 and each month
21		thereafter, upon certification of the Department of Revenue
22		with respect to the taxes collected under Section 4.03, the
23		Comptroller shall order transferred and the Treasurer shall
24		transfer from the General Revenue Fund to the Public
25		Transportation Fund an amount equal to 25% of the net revenue,
26		before the deduction of the serviceman and retailer discounts

HB4959 Enrolled - 243 - LRB103 36303 SPS 66401 b
1		pursuant to Section 9 of the Service Occupation Tax Act and
2		Section 3 of the Retailers' Occupation Tax Act, realized from
3		(i) 20% of the proceeds of any tax imposed by the Authority at
4		a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
5		tax imposed by the Authority at the rate of 1% in Cook County,
6		and (iii) one-third of the proceeds of any tax imposed by the
7		Authority at the rate of 0.75% in the Counties of DuPage, Kane,
8		Lake, McHenry, and Will, all pursuant to Section 4.03, and the
9		Comptroller shall order transferred and the Treasurer shall
10		transfer from the General Revenue Fund to the Public
11		Transportation Fund (iv) an amount equal to 25% of the revenue
12		realized by the Chicago Transit Authority as financial
13		assistance from the City of Chicago from the proceeds of any
14		tax imposed by the City of Chicago under Section 8-3-19 of the
15		Illinois Municipal Code.
16		Notwithstanding any provision of law to the contrary,
17		beginning on July 6, 2017 (the effective date of Public Act
18		100-23), those amounts required under this paragraph (3) of
19		subsection (a) to be transferred by the Treasurer into the
20		Public Transportation Fund from the General Revenue Fund shall
21		be directly deposited into the Public Transportation Fund as
22		the revenues are realized from the taxes indicated.
23		(4) Notwithstanding any provision of law to the contrary,
24		for the State fiscal year beginning July 1, 2024 and each State
25		fiscal year thereafter of the transfers to be made under
26		paragraphs (1), (2), and (3) of this subsection (a) from the

HB4959 Enrolled - 244 - LRB103 36303 SPS 66401 b
1		General Revenue Fund to the Public Transportation Fund, the
2		first $150,000,000 that would have otherwise been transferred
3		from the General Revenue Fund and deposited into the Public
4		Transportation Fund as provided in paragraphs (1), (2), and
5		(3) of this subsection (a) shall instead be transferred from
6		the Road Fund by the Treasurer upon certification by the
7		Department of Revenue and order of the Comptroller. For the
8		State fiscal year beginning July 1, 2024, only, the next
9		$75,000,000 that would have otherwise been transferred from
10		the General Revenue Fund and deposited into the Public
11		Transportation Fund as provided in paragraphs (1), (2), and
12		(3) of this subsection (a) shall instead be transferred from
13		the Road Fund and deposited into the Public Transportation
14		Fund by the Treasurer upon certification by the Department of
15		Revenue and order of the Comptroller. The funds authorized and
16		transferred pursuant to this amendatory Act of the 103rd
17		General Assembly are not intended or planned for road
18		construction projects. For the State fiscal year beginning
19		July 1, 2024, only, the next $50,000,000 that would have
20		otherwise been transferred from the General Revenue Fund and
21		deposited into the Public Transportation Fund as provided in
22		paragraphs (1), (2), and (3) of this subsection (a) shall
23		instead be transferred from the Underground Storage Tank Fund
24		and deposited into the Public Transportation Fund by the
25		Treasurer upon certification by the Department of Revenue and
26		order of the Comptroller. The remaining balance of such

HB4959 Enrolled - 245 - LRB103 36303 SPS 66401 b
1		transfers shall be deposited each State fiscal year as
2		otherwise provided in paragraphs (1), (2), and (3) of this
3		subsection (a) made from the General Revenue Fund.
4		(5) (Blank).
5		(6) (Blank).
6		(7) For State fiscal year 2020 only, notwithstanding any
7		provision of law to the contrary, the total amount of revenue
8		and deposits under this Section attributable to revenues
9		realized during State fiscal year 2020 shall be reduced by 5%.
10		(8) For State fiscal year 2021 only, notwithstanding any
11		provision of law to the contrary, the total amount of revenue
12		and deposits under this Section attributable to revenues
13		realized during State fiscal year 2021 shall be reduced by 5%.
14		(b)(1) All moneys deposited in the Public Transportation
15		Fund and the Regional Transportation Authority Occupation and
16		Use Tax Replacement Fund, whether deposited pursuant to this
17		Section or otherwise, are allocated to the Authority, except
18		for amounts appropriated to the Office of the Executive
19		Inspector General as authorized by subsection (h) of Section
20		4.03.3 and amounts transferred to the Audit Expense Fund
21		pursuant to Section 6z-27 of the State Finance Act. The
22		Comptroller, as soon as possible after each monthly transfer
23		provided in this Section and after each deposit into the
24		Public Transportation Fund, shall order the Treasurer to pay
25		to the Authority out of the Public Transportation Fund the
26		amount so transferred or deposited. Any Additional State

HB4959 Enrolled - 246 - LRB103 36303 SPS 66401 b
1		Assistance and Additional Financial Assistance paid to the
2		Authority under this Section shall be expended by the
3		Authority for its purposes as provided in this Act. The
4		balance of the amounts paid to the Authority from the Public
5		Transportation Fund shall be expended by the Authority as
6		provided in Section 4.03.3. The Comptroller, as soon as
7		possible after each deposit into the Regional Transportation
8		Authority Occupation and Use Tax Replacement Fund provided in
9		this Section and Section 6z-17 of the State Finance Act, shall
10		order the Treasurer to pay to the Authority out of the Regional
11		Transportation Authority Occupation and Use Tax Replacement
12		Fund the amount so deposited. Such amounts paid to the
13		Authority may be expended by it for its purposes as provided in
14		this Act. The provisions directing the distributions from the
15		Public Transportation Fund and the Regional Transportation
16		Authority Occupation and Use Tax Replacement Fund provided for
17		in this Section shall constitute an irrevocable and continuing
18		appropriation of all amounts as provided herein. The State
19		Treasurer and State Comptroller are hereby authorized and
20		directed to make distributions as provided in this Section.
21		(2) Provided, however, no moneys deposited under subsection
22		(a) of this Section shall be paid from the Public
23		Transportation Fund to the Authority or its assignee for any
24		fiscal year until the Authority has certified to the Governor,
25		the Comptroller, and the Mayor of the City of Chicago that it
26		has adopted for that fiscal year an Annual Budget and Two-Year

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1		Financial Plan meeting the requirements in Section 4.01(b).
2		(c) In recognition of the efforts of the Authority to
3		enhance the mass transportation facilities under its control,
4		the State shall provide financial assistance ("Additional
5		State Assistance") in excess of the amounts transferred to the
6		Authority from the General Revenue Fund under subsection (a)
7		of this Section. Additional State Assistance shall be
8		calculated as provided in subsection (d), but shall in no
9		event exceed the following specified amounts with respect to
10		the following State fiscal years:
11 1990 $5,000,000; 12 1991 $5,000,000; 13 1992 $10,000,000; 14 1993 $10,000,000; 15 1994 $20,000,000; 16 1995 $30,000,000; 17 1996 $40,000,000; 18 1997 $50,000,000; 19 1998 $55,000,000; and 20 each year thereafter $55,000,000.
21		(c-5) The State shall provide financial assistance
22		("Additional Financial Assistance") in addition to the
23		Additional State Assistance provided by subsection (c) and the
24		amounts transferred to the Authority from the General Revenue
25		Fund under subsection (a) of this Section. Additional
26		Financial Assistance provided by this subsection shall be

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1		calculated as provided in subsection (d), but shall in no
2		event exceed the following specified amounts with respect to
3		the following State fiscal years:
4 2000 $0; 5 2001 $16,000,000; 6 2002 $35,000,000; 7 2003 $54,000,000; 8 2004 $73,000,000; 9 2005 $93,000,000; and 10 each year thereafter $100,000,000.
11		(d) Beginning with State fiscal year 1990 and continuing
12		for each State fiscal year thereafter, the Authority shall
13		annually certify to the State Comptroller and State Treasurer,
14		separately with respect to each of subdivisions (g)(2) and
15		(g)(3) of Section 4.04 of this Act, the following amounts:
16		(1) The amount necessary and required, during the
17		State fiscal year with respect to which the certification
18		is made, to pay its obligations for debt service on all
19		outstanding bonds or notes issued by the Authority under
20		subdivisions (g)(2) and (g)(3) of Section 4.04 of this
21		Act.
22		(2) An estimate of the amount necessary and required
23		to pay its obligations for debt service for any bonds or
24		notes which the Authority anticipates it will issue under
25		subdivisions (g)(2) and (g)(3) of Section 4.04 during that
26		State fiscal year.

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1		(3) Its debt service savings during the preceding
2		State fiscal year from refunding or advance refunding of
3		bonds or notes issued under subdivisions (g)(2) and (g)(3)
4		of Section 4.04.
5		(4) The amount of interest, if any, earned by the
6		Authority during the previous State fiscal year on the
7		proceeds of bonds or notes issued pursuant to subdivisions
8		(g)(2) and (g)(3) of Section 4.04, other than refunding or
9		advance refunding bonds or notes.
10		The certification shall include a specific schedule of
11		debt service payments, including the date and amount of each
12		payment for all outstanding bonds or notes and an estimated
13		schedule of anticipated debt service for all bonds and notes
14		it intends to issue, if any, during that State fiscal year,
15		including the estimated date and estimated amount of each
16		payment.
17		Immediately upon the issuance of bonds for which an
18		estimated schedule of debt service payments was prepared, the
19		Authority shall file an amended certification with respect to
20		item (2) above, to specify the actual schedule of debt service
21		payments, including the date and amount of each payment, for
22		the remainder of the State fiscal year.
23		On the first day of each month of the State fiscal year in
24		which there are bonds outstanding with respect to which the
25		certification is made, the State Comptroller shall order
26		transferred and the State Treasurer shall transfer from the

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1		Road Fund to the Public Transportation Fund the Additional
2		State Assistance and Additional Financial Assistance in an
3		amount equal to the aggregate of (i) one-twelfth of the sum of
4		the amounts certified under items (1) and (3) above less the
5		amount certified under item (4) above, plus (ii) the amount
6		required to pay debt service on bonds and notes issued during
7		the fiscal year, if any, divided by the number of months
8		remaining in the fiscal year after the date of issuance, or
9		some smaller portion as may be necessary under subsection (c)
10		or (c-5) of this Section for the relevant State fiscal year,
11		plus (iii) any cumulative deficiencies in transfers for prior
12		months, until an amount equal to the sum of the amounts
13		certified under items (1) and (3) above, plus the actual debt
14		service certified under item (2) above, less the amount
15		certified under item (4) above, has been transferred; except
16		that these transfers are subject to the following limits:
17		(A) In no event shall the total transfers in any State
18		fiscal year relating to outstanding bonds and notes issued
19		by the Authority under subdivision (g)(2) of Section 4.04
20		exceed the lesser of the annual maximum amount specified
21		in subsection (c) or the sum of the amounts certified
22		under items (1) and (3) above, plus the actual debt
23		service certified under item (2) above, less the amount
24		certified under item (4) above, with respect to those
25		bonds and notes.
26		(B) In no event shall the total transfers in any State

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1		fiscal year relating to outstanding bonds and notes issued
2		by the Authority under subdivision (g)(3) of Section 4.04
3		exceed the lesser of the annual maximum amount specified
4		in subsection (c-5) or the sum of the amounts certified
5		under items (1) and (3) above, plus the actual debt
6		service certified under item (2) above, less the amount
7		certified under item (4) above, with respect to those
8		bonds and notes.
9		The term "outstanding" does not include bonds or notes for
10		which refunding or advance refunding bonds or notes have been
11		issued.
12		(e) Neither Additional State Assistance nor Additional
13		Financial Assistance may be pledged, either directly or
14		indirectly as general revenues of the Authority, as security
15		for any bonds issued by the Authority. The Authority may not
16		assign its right to receive Additional State Assistance or
17		Additional Financial Assistance, or direct payment of
18		Additional State Assistance or Additional Financial
19		Assistance, to a trustee or any other entity for the payment of
20		debt service on its bonds.
21		(f) The certification required under subsection (d) with
22		respect to outstanding bonds and notes of the Authority shall
23		be filed as early as practicable before the beginning of the
24		State fiscal year to which it relates. The certification shall
25		be revised as may be necessary to accurately state the debt
26		service requirements of the Authority.

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1		(g) Within 6 months of the end of each fiscal year, the
2		Authority shall determine:
3		(i) whether the aggregate of all system generated
4		revenues for public transportation in the metropolitan
5		region which is provided by, or under grant or purchase of
6		service contracts with, the Service Boards equals 50% of
7		the aggregate of all costs of providing such public
8		transportation. "System generated revenues" include all
9		the proceeds of fares and charges for services provided,
10		contributions received in connection with public
11		transportation from units of local government other than
12		the Authority, except for contributions received by the
13		Chicago Transit Authority from a real estate transfer tax
14		imposed under subsection (i) of Section 8-3-19 of the
15		Illinois Municipal Code, and from the State pursuant to
16		subsection (i) of Section 2705-305 of the Department of
17		Transportation Law, and all other revenues properly
18		included consistent with generally accepted accounting
19		principles but may not include: the proceeds from any
20		borrowing, and, beginning with the 2007 fiscal year, all
21		revenues and receipts, including but not limited to fares
22		and grants received from the federal, State or any unit of
23		local government or other entity, derived from providing
24		ADA paratransit service pursuant to Section 2.30 of the
25		Regional Transportation Authority Act. "Costs" include all
26		items properly included as operating costs consistent with

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1		generally accepted accounting principles, including
2		administrative costs, but do not include: depreciation;
3		payment of principal and interest on bonds, notes or other
4		evidences of obligations for borrowed money of the
5		Authority; payments with respect to public transportation
6		facilities made pursuant to subsection (b) of Section
7		2.20; any payments with respect to rate protection
8		contracts, credit enhancements or liquidity agreements
9		made under Section 4.14; any other cost as to which it is
10		reasonably expected that a cash expenditure will not be
11		made; costs for passenger security including grants,
12		contracts, personnel, equipment and administrative
13		expenses, except in the case of the Chicago Transit
14		Authority, in which case the term does not include costs
15		spent annually by that entity for protection against crime
16		as required by Section 27a of the Metropolitan Transit
17		Authority Act; the costs of Debt Service paid by the
18		Chicago Transit Authority, as defined in Section 12c of
19		the Metropolitan Transit Authority Act, or bonds or notes
20		issued pursuant to that Section; the payment by the
21		Commuter Rail Division of debt service on bonds issued
22		pursuant to Section 3B.09; expenses incurred by the
23		Suburban Bus Division for the cost of new public
24		transportation services funded from grants pursuant to
25		Section 2.01e of this Act for a period of 2 years from the
26		date of initiation of each such service; costs as exempted

HB4959 Enrolled - 254 - LRB103 36303 SPS 66401 b
1		by the Board for projects pursuant to Section 2.09 of this
2		Act; or, beginning with the 2007 fiscal year, expenses
3		related to providing ADA paratransit service pursuant to
4		Section 2.30 of the Regional Transportation Authority Act;
5		or in fiscal years 2008 through 2012 inclusive, costs in
6		the amount of $200,000,000 in fiscal year 2008, reducing
7		by $40,000,000 in each fiscal year thereafter until this
8		exemption is eliminated. If said system generated revenues
9		are less than 50% of said costs, the Board shall remit an
10		amount equal to the amount of the deficit to the State;
11		however, due to the fiscal impacts from the COVID-19
12		pandemic, for fiscal years 2021, 2022, 2023, 2024, and
13		2025, no such payment shall be required. The Treasurer
14		shall deposit any such payment in the Road Fund; and
15		(ii) whether, beginning with the 2007 fiscal year, the
16		aggregate of all fares charged and received for ADA
17		paratransit services equals the system generated ADA
18		paratransit services revenue recovery ratio percentage of
19		the aggregate of all costs of providing such ADA
20		paratransit services.
21		(h) If the Authority makes any payment to the State under
22		paragraph (g), the Authority shall reduce the amount provided
23		to a Service Board from funds transferred under paragraph (a)
24		in proportion to the amount by which that Service Board failed
25		to meet its required system generated revenues recovery ratio.
26		A Service Board which is affected by a reduction in funds under

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1		this paragraph shall submit to the Authority concurrently with
2		its next due quarterly report a revised budget incorporating
3		the reduction in funds. The revised budget must meet the
4		criteria specified in clauses (i) through (vi) of Section
5		4.11(b)(2). The Board shall review and act on the revised
6		budget as provided in Section 4.11(b)(3).
7		(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
8		Section 5-65. The Mental Health Early Action on Campus Act
9		is amended by changing Section 55 as follows:
10		(110 ILCS 58/55)
11		Sec. 55. Funding. This Act is subject to appropriation.
12		The Commission on Government Forecasting and Accountability,
13		in conjunction with the Illinois Community College Board and
14		the Board of Higher Education, must make recommendations to
15		the General Assembly on the amounts necessary to implement
16		this Act. The initial recommendation must be provided by the
17		Commission no later than December 31, 2019. Any appropriation
18		provided in advance of this initial recommendation may be used
19		for planning purposes. No Section of this Act may be funded by
20		student fees created on or after July 1, 2020. Public colleges
21		or universities may seek federal funding or private grants, if
22		available, to support the provisions of this Act. In order to
23		raise mental health awareness on college campuses through
24		training, peer support, and local partnerships, the Board of

HB4959 Enrolled - 256 - LRB103 36303 SPS 66401 b
1		Higher Education may, subject to appropriation, establish and
2		administer a grant program to assist public universities in
3		implementing this Act.
4		(Source: P.A. 101-251, eff. 8-9-19.)
5		Section 5-70. The Illinois Health Benefits Exchange Law is
6		amended by changing Section 5-30 as follows:
7		(215 ILCS 122/5-30)
8		(Section scheduled to be repealed on January 1, 2025)
9		Sec. 5-30. Transfers from Insurance Producer
10		Administration Fund.
11		(a) During fiscal year 2024 only, at the direction of and
12		upon notification from the Director of Insurance, the State
13		Comptroller shall direct and the State Treasurer shall
14		transfer up to a total of $10,000,000 from the Insurance
15		Producer Administration Fund to the Illinois Health Benefits
16		Exchange Fund.
17		(b) During fiscal year 2025 only, at the direction of and
18		upon notification from the Director of Insurance, the State
19		Comptroller shall direct and the State Treasurer shall
20		transfer up to a total of $15,500,000 from the Insurance
21		Producer Administration Fund to the Illinois Health Benefits
22		Exchange Fund.
23		(c) This Section is repealed on January 1, 2026 2025.
24		(Source: P.A. 103-8, eff. 6-7-23.)

HB4959 Enrolled - 257 - LRB103 36303 SPS 66401 b
1		Section 5-72. The African-American HIV/AIDS Response Act
2		is amended by changing Section 27 as follows:
3		(410 ILCS 303/27)
4		Sec. 27. African-American HIV/AIDS Response Fund.
5		(a) The African-American HIV/AIDS Response Fund is created
6		as a special fund in the State treasury. Moneys deposited into
7		the Fund shall, subject to appropriation, be used for grants
8		for programs to prevent the transmission of HIV and other
9		programs and activities consistent with the purposes of this
10		Act, including, but not limited to, preventing and treating
11		HIV/AIDS, the creation of an HIV/AIDS service delivery system,
12		and the administration of the Act. The grants under this
13		Section may be administered by a lead agent selected by the
14		Department of Public Health, considering the entity's ability
15		to administer grants and familiarity with the grantees'
16		programs, and that selection shall be exempt from the public
17		notice of funding opportunity under the Grant Accountability
18		and Transparency Act or any rule regarding the public notice
19		of funding opportunity adopted under that Act. The lead agent
20		must demonstrate the ability to administer the grant to
21		subgrantees in compliance with the requirements of the Grant
22		Accountability and Transparency Act. Moneys for the Fund shall
23		come from appropriations by the General Assembly, federal
24		funds, and other public resources.

HB4959 Enrolled - 258 - LRB103 36303 SPS 66401 b
1		(b) The Fund shall provide resources for communities in
2		Illinois to create an HIV/AIDS service delivery system that
3		reduces the disparity of HIV infection and AIDS cases between
4		African-Americans and other population groups in Illinois that
5		may be impacted by the disease by, including but, not limited
6		to:
7		(1) developing, implementing, and maintaining a
8		comprehensive, culturally sensitive HIV Prevention Plan
9		targeting communities that are identified as high-risk in
10		terms of the impact of the disease on African-Americans;
11		(2) developing, implementing, and maintaining a stable
12		HIV/AIDS service delivery infrastructure in Illinois
13		communities that will meet the needs of African-Americans;
14		(3) developing, implementing, and maintaining a
15		statewide HIV/AIDS testing program;
16		(4) providing funding for HIV/AIDS social and
17		scientific research to improve prevention and treatment;
18		(5) providing comprehensive technical and other
19		assistance to African-American community service
20		organizations that are involved in HIV/AIDS prevention and
21		treatment;
22		(6) developing, implementing, and maintaining an
23		infrastructure for African-American community service
24		organizations to make them less dependent on government
25		resources;
26		(7) (blank); and

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1		(8) creating, maintaining, or creating and maintaining
2		at least one Black-led Center of Excellence HIV Biomedical
3		Resource Hub for every $3,000,000 of available funding to
4		improve Black health and eliminate Black HIV-related
5		health disparities; a Center of Excellence may be
6		developed on a stand-alone or a collaborative basis and
7		may provide regional comprehensive HIV preventative care
8		and essential support services, which may include, but are
9		not limited to, PrEP assessment, same day prescription
10		delivery, primary HIV medical care or referral, case
11		management, outpatient mental health, outpatient substance
12		abuse, treatment, medication adherence, nutritional
13		supplemental support, housing, financial assistance,
14		workforce development, criminal justice involvement, and
15		advocacy services.
16		(c) When providing grants pursuant to this Fund, the
17		Department of Public Health shall give priority to the
18		development of comprehensive medical and social services to
19		African-Americans at risk of infection from or infected with
20		HIV/AIDS in areas of the State determined to have the greatest
21		geographic prevalence of HIV/AIDS in the African-American
22		population.
23		(d) (Blank).
24		(Source: P.A. 102-1052, eff. 1-1-23.)
25		Section 5-75. The Environmental Protection Act is amended

HB4959 Enrolled - 260 - LRB103 36303 SPS 66401 b
1		by changing Sections 22.15, 55.6, and 57.11 as follows:
2		(415 ILCS 5/22.15)
3		Sec. 22.15. Solid Waste Management Fund; fees.
4		(a) There is hereby created within the State Treasury a
5		special fund to be known as the Solid Waste Management Fund, to
6		be constituted from the fees collected by the State pursuant
7		to this Section, from repayments of loans made from the Fund
8		for solid waste projects, from registration fees collected
9		pursuant to the Consumer Electronics Recycling Act, from fees
10		collected under the Paint Stewardship Act, and from amounts
11		transferred into the Fund pursuant to Public Act 100-433.
12		Moneys received by either the Agency or the Department of
13		Commerce and Economic Opportunity in repayment of loans made
14		pursuant to the Illinois Solid Waste Management Act shall be
15		deposited into the General Revenue Fund.
16		(b) The Agency shall assess and collect a fee in the amount
17		set forth herein from the owner or operator of each sanitary
18		landfill permitted or required to be permitted by the Agency
19		to dispose of solid waste if the sanitary landfill is located
20		off the site where such waste was produced and if such sanitary
21		landfill is owned, controlled, and operated by a person other
22		than the generator of such waste. The Agency shall deposit all
23		fees collected into the Solid Waste Management Fund. If a site
24		is contiguous to one or more landfills owned or operated by the
25		same person, the volumes permanently disposed of by each

HB4959 Enrolled - 261 - LRB103 36303 SPS 66401 b
1		landfill shall be combined for purposes of determining the fee
2		under this subsection. Beginning on July 1, 2018, and on the
3		first day of each month thereafter during fiscal years 2019
4		through 2025 2024, the State Comptroller shall direct and
5		State Treasurer shall transfer an amount equal to 1/12 of
6		$5,000,000 per fiscal year from the Solid Waste Management
7		Fund to the General Revenue Fund.
8		(1) If more than 150,000 cubic yards of non-hazardous
9		solid waste is permanently disposed of at a site in a
10		calendar year, the owner or operator shall either pay a
11		fee of 95 cents per cubic yard or, alternatively, the
12		owner or operator may weigh the quantity of the solid
13		waste permanently disposed of with a device for which
14		certification has been obtained under the Weights and
15		Measures Act and pay a fee of $2.00 per ton of solid waste
16		permanently disposed of. In no case shall the fee
17		collected or paid by the owner or operator under this
18		paragraph exceed $1.55 per cubic yard or $3.27 per ton.
19		(2) If more than 100,000 cubic yards but not more than
20		150,000 cubic yards of non-hazardous waste is permanently
21		disposed of at a site in a calendar year, the owner or
22		operator shall pay a fee of $52,630.
23		(3) If more than 50,000 cubic yards but not more than
24		100,000 cubic yards of non-hazardous solid waste is
25		permanently disposed of at a site in a calendar year, the
26		owner or operator shall pay a fee of $23,790.

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1		(4) If more than 10,000 cubic yards but not more than
2		50,000 cubic yards of non-hazardous solid waste is
3		permanently disposed of at a site in a calendar year, the
4		owner or operator shall pay a fee of $7,260.
5		(5) If not more than 10,000 cubic yards of
6		non-hazardous solid waste is permanently disposed of at a
7		site in a calendar year, the owner or operator shall pay a
8		fee of $1050.
9		(c) (Blank).
10		(d) The Agency shall establish rules relating to the
11		collection of the fees authorized by this Section. Such rules
12		shall include, but not be limited to:
13		(1) necessary records identifying the quantities of
14		solid waste received or disposed;
15		(2) the form and submission of reports to accompany
16		the payment of fees to the Agency;
17		(3) the time and manner of payment of fees to the
18		Agency, which payments shall not be more often than
19		quarterly; and
20		(4) procedures setting forth criteria establishing
21		when an owner or operator may measure by weight or volume
22		during any given quarter or other fee payment period.
23		(e) Pursuant to appropriation, all monies in the Solid
24		Waste Management Fund shall be used by the Agency for the
25		purposes set forth in this Section and in the Illinois Solid
26		Waste Management Act, including for the costs of fee

HB4959 Enrolled - 263 - LRB103 36303 SPS 66401 b
1		collection and administration, for administration of the Paint
2		Stewardship Act, and for the administration of the Consumer
3		Electronics Recycling Act, the Drug Take-Back Act, and the
4		Statewide Recycling Needs Assessment Act.
5		(f) The Agency is authorized to enter into such agreements
6		and to promulgate such rules as are necessary to carry out its
7		duties under this Section and the Illinois Solid Waste
8		Management Act.
9		(g) On the first day of January, April, July, and October
10		of each year, beginning on July 1, 1996, the State Comptroller
11		and Treasurer shall transfer $500,000 from the Solid Waste
12		Management Fund to the Hazardous Waste Fund. Moneys
13		transferred under this subsection (g) shall be used only for
14		the purposes set forth in item (1) of subsection (d) of Section
15		22.2.
16		(h) The Agency is authorized to provide financial
17		assistance to units of local government for the performance of
18		inspecting, investigating, and enforcement activities pursuant
19		to subsection (r) of Section 4 at nonhazardous solid waste
20		disposal sites.
21		(i) The Agency is authorized to conduct household waste
22		collection and disposal programs.
23		(j) A unit of local government, as defined in the Local
24		Solid Waste Disposal Act, in which a solid waste disposal
25		facility is located may establish a fee, tax, or surcharge
26		with regard to the permanent disposal of solid waste. All

HB4959 Enrolled - 264 - LRB103 36303 SPS 66401 b
1		fees, taxes, and surcharges collected under this subsection
2		shall be utilized for solid waste management purposes,
3		including long-term monitoring and maintenance of landfills,
4		planning, implementation, inspection, enforcement and other
5		activities consistent with the Illinois Solid Waste Management
6		Act and the Local Solid Waste Disposal Act, or for any other
7		environment-related purpose, including, but not limited to, an
8		environment-related public works project, but not for the
9		construction of a new pollution control facility other than a
10		household hazardous waste facility. However, the total fee,
11		tax or surcharge imposed by all units of local government
12		under this subsection (j) upon the solid waste disposal
13		facility shall not exceed:
14		(1) 60¢ per cubic yard if more than 150,000 cubic
15		yards of non-hazardous solid waste is permanently disposed
16		of at the site in a calendar year, unless the owner or
17		operator weighs the quantity of the solid waste received
18		with a device for which certification has been obtained
19		under the Weights and Measures Act, in which case the fee
20		shall not exceed $1.27 per ton of solid waste permanently
21		disposed of.
22		(2) $33,350 if more than 100,000 cubic yards, but not
23		more than 150,000 cubic yards, of non-hazardous waste is
24		permanently disposed of at the site in a calendar year.
25		(3) $15,500 if more than 50,000 cubic yards, but not
26		more than 100,000 cubic yards, of non-hazardous solid

HB4959 Enrolled - 265 - LRB103 36303 SPS 66401 b
1		waste is permanently disposed of at the site in a calendar
2		year.
3		(4) $4,650 if more than 10,000 cubic yards, but not
4		more than 50,000 cubic yards, of non-hazardous solid waste
5		is permanently disposed of at the site in a calendar year.
6		(5) $650 if not more than 10,000 cubic yards of
7		non-hazardous solid waste is permanently disposed of at
8		the site in a calendar year.
9		The corporate authorities of the unit of local government
10		may use proceeds from the fee, tax, or surcharge to reimburse a
11		highway commissioner whose road district lies wholly or
12		partially within the corporate limits of the unit of local
13		government for expenses incurred in the removal of
14		nonhazardous, nonfluid municipal waste that has been dumped on
15		public property in violation of a State law or local
16		ordinance.
17		For the disposal of solid waste from general construction
18		or demolition debris recovery facilities as defined in
19		subsection (a-1) of Section 3.160, the total fee, tax, or
20		surcharge imposed by all units of local government under this
21		subsection (j) upon the solid waste disposal facility shall
22		not exceed 50% of the applicable amount set forth above. A unit
23		of local government, as defined in the Local Solid Waste
24		Disposal Act, in which a general construction or demolition
25		debris recovery facility is located may establish a fee, tax,
26		or surcharge on the general construction or demolition debris

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1		recovery facility with regard to the permanent disposal of
2		solid waste by the general construction or demolition debris
3		recovery facility at a solid waste disposal facility, provided
4		that such fee, tax, or surcharge shall not exceed 50% of the
5		applicable amount set forth above, based on the total amount
6		of solid waste transported from the general construction or
7		demolition debris recovery facility for disposal at solid
8		waste disposal facilities, and the unit of local government
9		and fee shall be subject to all other requirements of this
10		subsection (j).
11		A county or Municipal Joint Action Agency that imposes a
12		fee, tax, or surcharge under this subsection may use the
13		proceeds thereof to reimburse a municipality that lies wholly
14		or partially within its boundaries for expenses incurred in
15		the removal of nonhazardous, nonfluid municipal waste that has
16		been dumped on public property in violation of a State law or
17		local ordinance.
18		If the fees are to be used to conduct a local sanitary
19		landfill inspection or enforcement program, the unit of local
20		government must enter into a written delegation agreement with
21		the Agency pursuant to subsection (r) of Section 4. The unit of
22		local government and the Agency shall enter into such a
23		written delegation agreement within 60 days after the
24		establishment of such fees. At least annually, the Agency
25		shall conduct an audit of the expenditures made by units of
26		local government from the funds granted by the Agency to the

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1		units of local government for purposes of local sanitary
2		landfill inspection and enforcement programs, to ensure that
3		the funds have been expended for the prescribed purposes under
4		the grant.
5		The fees, taxes or surcharges collected under this
6		subsection (j) shall be placed by the unit of local government
7		in a separate fund, and the interest received on the moneys in
8		the fund shall be credited to the fund. The monies in the fund
9		may be accumulated over a period of years to be expended in
10		accordance with this subsection.
11		A unit of local government, as defined in the Local Solid
12		Waste Disposal Act, shall prepare and post on its website, in
13		April of each year, a report that details spending plans for
14		monies collected in accordance with this subsection. The
15		report will at a minimum include the following:
16		(1) The total monies collected pursuant to this
17		subsection.
18		(2) The most current balance of monies collected
19		pursuant to this subsection.
20		(3) An itemized accounting of all monies expended for
21		the previous year pursuant to this subsection.
22		(4) An estimation of monies to be collected for the
23		following 3 years pursuant to this subsection.
24		(5) A narrative detailing the general direction and
25		scope of future expenditures for one, 2 and 3 years.
26		The exemptions granted under Sections 22.16 and 22.16a,

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1		and under subsection (k) of this Section, shall be applicable
2		to any fee, tax or surcharge imposed under this subsection
3		(j); except that the fee, tax or surcharge authorized to be
4		imposed under this subsection (j) may be made applicable by a
5		unit of local government to the permanent disposal of solid
6		waste after December 31, 1986, under any contract lawfully
7		executed before June 1, 1986 under which more than 150,000
8		cubic yards (or 50,000 tons) of solid waste is to be
9		permanently disposed of, even though the waste is exempt from
10		the fee imposed by the State under subsection (b) of this
11		Section pursuant to an exemption granted under Section 22.16.
12		(k) In accordance with the findings and purposes of the
13		Illinois Solid Waste Management Act, beginning January 1, 1989
14		the fee under subsection (b) and the fee, tax or surcharge
15		under subsection (j) shall not apply to:
16		(1) waste which is hazardous waste;
17		(2) waste which is pollution control waste;
18		(3) waste from recycling, reclamation or reuse
19		processes which have been approved by the Agency as being
20		designed to remove any contaminant from wastes so as to
21		render such wastes reusable, provided that the process
22		renders at least 50% of the waste reusable; the exemption
23		set forth in this paragraph (3) of this subsection (k)
24		shall not apply to general construction or demolition
25		debris recovery facilities as defined in subsection (a-1)
26		of Section 3.160;

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1		(4) non-hazardous solid waste that is received at a
2		sanitary landfill and composted or recycled through a
3		process permitted by the Agency; or
4		(5) any landfill which is permitted by the Agency to
5		receive only demolition or construction debris or
6		landscape waste.
7		(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
8		102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
9		5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
10		eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
11		revised 12-15-23.)
12		(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
13		Sec. 55.6. Used Tire Management Fund.
14		(a) There is hereby created in the State Treasury a
15		special fund to be known as the Used Tire Management Fund.
16		There shall be deposited into the Fund all monies received as
17		(1) recovered costs or proceeds from the sale of used tires
18		under Section 55.3 of this Act, (2) repayment of loans from the
19		Used Tire Management Fund, or (3) penalties or punitive
20		damages for violations of this Title, except as provided by
21		subdivision (b)(4) or (b)(4-5) of Section 42.
22		(b) Beginning January 1, 1992, in addition to any other
23		fees required by law, the owner or operator of each site
24		required to be registered or permitted under subsection (d) or
25		(d-5) of Section 55 shall pay to the Agency an annual fee of

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1		$100. Fees collected under this subsection shall be deposited
2		into the Environmental Protection Permit and Inspection Fund.
3		(c) Pursuant to appropriation, moneys up to an amount of
4		$4 million per fiscal year from the Used Tire Management Fund
5		shall be allocated as follows:
6		(1) 38% shall be available to the Agency for the
7		following purposes, provided that priority shall be given
8		to item (i):
9		(i) To undertake preventive, corrective or removal
10		action as authorized by and in accordance with Section
11		55.3, and to recover costs in accordance with Section
12		55.3.
13		(ii) For the performance of inspection and
14		enforcement activities for used and waste tire sites.
15		(iii) (Blank).
16		(iv) To provide financial assistance to units of
17		local government for the performance of inspecting,
18		investigating and enforcement activities pursuant to
19		subsection (r) of Section 4 at used and waste tire
20		sites.
21		(v) To provide financial assistance for used and
22		waste tire collection projects sponsored by local
23		government or not-for-profit corporations.
24		(vi) For the costs of fee collection and
25		administration relating to used and waste tires, and
26		to accomplish such other purposes as are authorized by

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1		this Act and regulations thereunder.
2		(vii) To provide financial assistance to units of
3		local government and private industry for the purposes
4		of:
5		(A) assisting in the establishment of
6		facilities and programs to collect, process, and
7		utilize used and waste tires and tire-derived
8		materials;
9		(B) demonstrating the feasibility of
10		innovative technologies as a means of collecting,
11		storing, processing, and utilizing used and waste
12		tires and tire-derived materials; and
13		(C) applying demonstrated technologies as a
14		means of collecting, storing, processing, and
15		utilizing used and waste tires and tire-derived
16		materials.
17		(2) (Blank).
18		(2.1) For the fiscal year beginning July 1, 2004 and
19		for all fiscal years thereafter, 23% shall be deposited
20		into the General Revenue Fund. Prior to the fiscal year
21		beginning July 1, 2023, such transfers are at the
22		direction of the Department of Revenue, and shall be made
23		within 30 days after the end of each quarter. Beginning
24		with the fiscal year beginning July 1, 2023, such
25		transfers are at the direction of the Agency and shall be
26		made within 30 days after the end of each quarter.

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

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1		(5) 2% shall be available to the Pollution Control
2		Board for administration of its activities relating to
3		used and waste tires.
4		(6) 10% shall be available to the University of
5		Illinois for the Prairie Research Institute to perform
6		research to study the biology, distribution, population
7		ecology, and biosystematics of tire-breeding arthropods,
8		especially mosquitoes, and the diseases they spread.
9		(d) By January 1, 1998, and biennially thereafter, each
10		State agency receiving an appropriation from the Used Tire
11		Management Fund shall report to the Governor and the General
12		Assembly on its activities relating to the Fund.
13		(e) Any monies appropriated from the Used Tire Management
14		Fund, but not obligated, shall revert to the Fund.
15		(f) In administering the provisions of subdivisions (1),
16		(2) and (3) of subsection (c) of this Section, the Agency, the
17		Department of Commerce and Economic Opportunity, and the
18		Illinois Department of Public Health shall ensure that
19		appropriate funding assistance is provided to any municipality
20		with a population over 1,000,000 or to any sanitary district
21		which serves a population over 1,000,000.
22		(g) Pursuant to appropriation, monies in excess of $4
23		million per fiscal year from the Used Tire Management Fund
24		shall be used as follows:
25		(1) 55% shall be available to the Agency and, in State
26		fiscal year 2025 only, the Department of Commerce and

HB4959 Enrolled - 274 - LRB103 36303 SPS 66401 b
1		Economic Opportunity for the following purposes, provided
2		that priority shall be given to subparagraph (A):
3		(A) To undertake preventive, corrective or renewed
4		action as authorized by and in accordance with Section
5		55.3 and to recover costs in accordance with Section
6		55.3.
7		(B) To provide financial assistance to units of
8		local government and private industry for the purposes
9		of:
10		(i) assisting in the establishment of
11		facilities and programs to collect, process, and
12		utilize used and waste tires and tire-derived
13		materials;
14		(ii) demonstrating the feasibility of
15		innovative technologies as a means of collecting,
16		storing, processing, and utilizing used and waste
17		tires and tire-derived materials; and
18		(iii) applying demonstrated technologies as a
19		means of collecting, storing, processing, and
20		utilizing used and waste tires and tire-derived
21		materials.
22		(C) To provide grants to public universities and
23		private industry for research and development related
24		to reducing the toxicity of tires and tire materials,
25		vector-related research, disease-related research, and
26		for related laboratory-based equipment and field-based

HB4959 Enrolled - 275 - LRB103 36303 SPS 66401 b
1		equipment.
2		(2) (Blank).
3		(3) For the fiscal year beginning July 1, 2004 and for
4		all fiscal years thereafter, 45% shall be deposited into
5		the General Revenue Fund. Prior to the fiscal year
6		beginning July 1, 2023, such transfers are at the
7		direction of the Department of Revenue, and shall be made
8		within 30 days after the end of each quarter. Beginning
9		with the fiscal year beginning July 1, 2023, such
10		transfers are at the direction of the Agency and shall be
11		made within 30 days after the end of each quarter.
12		(Source: P.A. 103-363, eff. 7-28-23.)
13		(415 ILCS 5/57.11)
14		Sec. 57.11. Underground Storage Tank Fund; creation.
15		(a) There is hereby created in the State Treasury a
16		special fund to be known as the Underground Storage Tank Fund.
17		There shall be deposited into the Underground Storage Tank
18		Fund all moneys received by the Office of the State Fire
19		Marshal as fees for underground storage tanks under Sections 4
20		and 5 of the Gasoline Storage Act, fees pursuant to the Motor
21		Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
22		the Use Tax Act, the Service Use Tax Act, the Service
23		Occupation Tax Act, and the Retailers' Occupation Tax Act. All
24		amounts held in the Underground Storage Tank Fund shall be
25		invested at interest by the State Treasurer. All income earned

HB4959 Enrolled - 276 - LRB103 36303 SPS 66401 b
1		from the investments shall be deposited into the Underground
2		Storage Tank Fund no less frequently than quarterly. In
3		addition to any other transfers that may be provided for by
4		law, beginning on July 1, 2018 and on the first day of each
5		month thereafter during fiscal years 2019 through 2025 2024
6		only, the State Comptroller shall direct and the State
7		Treasurer shall transfer an amount equal to 1/12 of
8		$10,000,000 from the Underground Storage Tank Fund to the
9		General Revenue Fund. Moneys in the Underground Storage Tank
10		Fund, pursuant to appropriation, may be used by the Agency and
11		the Office of the State Fire Marshal for the following
12		purposes:
13		(1) To take action authorized under Section 57.12 to
14		recover costs under Section 57.12.
15		(2) To assist in the reduction and mitigation of
16		damage caused by leaks from underground storage tanks,
17		including but not limited to, providing alternative water
18		supplies to persons whose drinking water has become
19		contaminated as a result of those leaks.
20		(3) To be used as a matching amount towards federal
21		assistance relative to the release of petroleum from
22		underground storage tanks.
23		(4) For the costs of administering activities of the
24		Agency and the Office of the State Fire Marshal relative
25		to the Underground Storage Tank Fund.
26		(5) For payment of costs of corrective action incurred

HB4959 Enrolled - 277 - LRB103 36303 SPS 66401 b
1		by and indemnification to operators of underground storage
2		tanks as provided in this Title.
3		(6) For a total of 2 demonstration projects in amounts
4		in excess of a $10,000 deductible charge designed to
5		assess the viability of corrective action projects at
6		sites which have experienced contamination from petroleum
7		releases. Such demonstration projects shall be conducted
8		in accordance with the provision of this Title.
9		(7) Subject to appropriation, moneys in the
10		Underground Storage Tank Fund may also be used by the
11		Department of Revenue for the costs of administering its
12		activities relative to the Fund and for refunds provided
13		for in Section 13a.8 of the Motor Fuel Tax Law.
14		(b) Moneys in the Underground Storage Tank Fund may,
15		pursuant to appropriation, be used by the Office of the State
16		Fire Marshal or the Agency to take whatever emergency action
17		is necessary or appropriate to assure that the public health
18		or safety is not threatened whenever there is a release or
19		substantial threat of a release of petroleum from an
20		underground storage tank and for the costs of administering
21		its activities relative to the Underground Storage Tank Fund.
22		(c) Beginning July 1, 1993, the Governor shall certify to
23		the State Comptroller and State Treasurer the monthly amount
24		necessary to pay debt service on State obligations issued
25		pursuant to Section 6 of the General Obligation Bond Act. On
26		the last day of each month, the Comptroller shall order

HB4959 Enrolled - 278 - LRB103 36303 SPS 66401 b
1		transferred and the Treasurer shall transfer from the
2		Underground Storage Tank Fund to the General Obligation Bond
3		Retirement and Interest Fund the amount certified by the
4		Governor, plus any cumulative deficiency in those transfers
5		for prior months.
6		(d) Except as provided in subsection (c) of this Section,
7		the Underground Storage Tank Fund is not subject to
8		administrative charges authorized under Section 8h of the
9		State Finance Act that would in any way transfer any funds from
10		the Underground Storage Tank Fund into any other fund of the
11		State.
12		(e) Each fiscal year, subject to appropriation, the Agency
13		may commit up to $10,000,000 of the moneys in the Underground
14		Storage Tank Fund to the payment of corrective action costs
15		for legacy sites that meet one or more of the following
16		criteria as a result of the underground storage tank release:
17		(i) the presence of free product, (ii) contamination within a
18		regulated recharge area, a wellhead protection area, or the
19		setback zone of a potable water supply well, (iii)
20		contamination extending beyond the boundaries of the site
21		where the release occurred, or (iv) such other criteria as may
22		be adopted in Agency rules.
23		(1) Fund moneys committed under this subsection (e)
24		shall be held in the Fund for payment of the corrective
25		action costs for which the moneys were committed.
26		(2) The Agency may adopt rules governing the

HB4959 Enrolled - 279 - LRB103 36303 SPS 66401 b
1		commitment of Fund moneys under this subsection (e).
2		(3) This subsection (e) does not limit the use of Fund
3		moneys at legacy sites as otherwise provided under this
4		Title.
5		(4) For the purposes of this subsection (e), the term
6		"legacy site" means a site for which (i) an underground
7		storage tank release was reported prior to January 1,
8		2005, (ii) the owner or operator has been determined
9		eligible to receive payment from the Fund for corrective
10		action costs, and (iii) the Agency did not receive any
11		applications for payment prior to January 1, 2010.
12		(f) Beginning July 1, 2013, if the amounts deposited into
13		the Fund from moneys received by the Office of the State Fire
14		Marshal as fees for underground storage tanks under Sections 4
15		and 5 of the Gasoline Storage Act and as fees pursuant to the
16		Motor Fuel Tax Law during a State fiscal year are sufficient to
17		pay all claims for payment by the fund received during that
18		State fiscal year, then the amount of any payments into the
19		fund pursuant to the Use Tax Act, the Service Use Tax Act, the
20		Service Occupation Tax Act, and the Retailers' Occupation Tax
21		Act during that State fiscal year shall be deposited as
22		follows: 75% thereof shall be paid into the State treasury and
23		25% shall be reserved in a special account and used only for
24		the transfer to the Common School Fund as part of the monthly
25		transfer from the General Revenue Fund in accordance with
26		Section 8a of the State Finance Act.

HB4959 Enrolled - 280 - LRB103 36303 SPS 66401 b
1		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
2		103-8, eff. 6-7-23.)
3		Section 5-78. The Open Space Lands Acquisition and
4		Development Act is amended by changing Section 3 as follows:
5		(525 ILCS 35/3) (from Ch. 85, par. 2103)
6		Sec. 3. From appropriations made from the Capital
7		Development Fund, Build Illinois Bond Fund or other available
8		or designated funds for such purposes, the Department shall
9		make grants to local governments as financial assistance for
10		the capital development and improvement of park, recreation or
11		conservation areas, marinas and shorelines, including planning
12		and engineering costs, and for the acquisition of open space
13		lands, including acquisition of easements and other property
14		interests less than fee simple ownership if the Department
15		determines that such property interests are sufficient to
16		carry out the purposes of this Act, subject to the conditions
17		and limitations set forth in this Act.
18		No more than 10% of the amount so appropriated for any
19		fiscal year may be committed or expended on any one project
20		described in an application under this Act.
21		Except for grants awarded from new appropriations in
22		fiscal years year 2023 through and fiscal year 2025 2024, any
23		grant under this Act to a local government shall be
24		conditioned upon the state providing assistance on a 50/50

HB4959 Enrolled - 281 - LRB103 36303 SPS 66401 b
1		matching basis for the acquisition of open space lands and for
2		capital development and improvement proposals. However, a
3		local government defined as "distressed" under criteria
4		adopted by the Department through administrative rule shall be
5		eligible for assistance up to 90% for the acquisition of open
6		space lands and for capital development and improvement
7		proposals, provided that no more than 10% of the amount
8		appropriated under this Act in any fiscal year is made
9		available as grants to distressed local governments. For
10		grants awarded from new appropriations in fiscal years year
11		2023 through and fiscal year 2025 2024 only, a local
12		government defined as "distressed" is eligible for assistance
13		up to 100% for the acquisition of open space lands and for
14		capital development and improvement proposals. The Department
15		may make more than 10% of the amount appropriated in fiscal
16		years year 2023 through and fiscal year 2025 2024 available as
17		grants to distressed local governments.
18		An advance payment of a minimum of 50% of any grant made to
19		a unit of local government under this Act must be paid to the
20		unit of local government at the time the Department awards the
21		grant. A unit of local government may opt out of the advanced
22		payment option at the time of the award of the grant. The
23		remainder of the grant shall be distributed to the local
24		government quarterly on a reimbursement basis. The Department
25		shall consider an applicant's request for an extension to a
26		grant under this Act if (i) the advanced payment is expended or

HB4959 Enrolled - 282 - LRB103 36303 SPS 66401 b
1		legally obligated within the 2 years required by Section 5 of
2		the Illinois Grant Funds Recovery Act or (ii) no advanced
3		payment was made.
4		(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
5		103-8, eff. 6-7-23.)
6		Section 5-80. The Illinois Aeronautics Act is amended by
7		changing Section 40 as follows:
8		(620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)
9		Sec. 40. Disposition of federal funds. All monies accepted
10		for disbursement by the Department pursuant to Section 38
11		shall be deposited into the Federal/State/Local Airport Fund,
12		which is established as a federal trust fund in the State
13		treasury to be held by with the State Treasurer as ex officio
14		ex-officio custodian. Moneys in the Federal/State/Local
15		Airport Fund and shall be disbursed upon a voucher or order of
16		Secretary of Transportation and paid by a warrant drawn by the
17		State Comptroller and countersigned by the State Treasurer.
18		All such monies are to be expended in accordance with Federal
19		laws and rules and regulations thereunder and with this Act.
20		The Department is authorized, whether acting for this State or
21		as the agent of any of its municipalities or other political
22		subdivision, or when requested by the United States Government
23		or any agency or department thereof, subject to section 41,
24		disburse such monies for the designated purposes, but this

HB4959 Enrolled - 283 - LRB103 36303 SPS 66401 b
1		shall not preclude any other authorized method of
2		disbursement.
3		(Source: P.A. 81-840.)
4		Section 5-85. The Violent Crime Witness Protection Act is
5		amended by changing Sections 5, 10, 15, and 20 as follows:
6		(725 ILCS 173/5)
7		Sec. 5. Definitions Definition. As used in this Act: ,
8		"Local law enforcement agency" has the meaning given in
9		Section 2 of the Illinois Police Training Act.
10		"Violent violent crime" has the meaning given means a
11		violent crime as that term is defined in Section 3 of the
12		Rights of Crime Victims and Witnesses Act.
13		(Source: P.A. 102-756, eff. 5-10-22.)
14		(725 ILCS 173/10)
15		Sec. 10. Financial Assistance Program. The No later than
16		January 1, 2023, the Illinois Criminal Justice Information
17		Authority, in consultation with the Office of the Attorney
18		General, shall establish a program to provide financial
19		assistance to State's Attorney's offices and local law
20		enforcement agencies for the establishment and maintenance of
21		violent crime witness protection programs. Grantees shall use
22		funds to assist victims and witnesses who are actively aiding
23		in the prosecution of perpetrators of violent crime, and

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1		appropriate related persons or victims and witnesses
2		determined by the Authority to be at risk of a discernible
3		threat of violent crime. The program shall be administered by
4		the Illinois Criminal Justice Information Authority. The
5		program shall offer, among other things, financial assistance,
6		including financial assistance on an emergency basis, that may
7		be provided upon application by a State's Attorney or the
8		Attorney General, or a chief executive of a police agency from
9		funds deposited in the Violent Crime Witness Protection
10		Program Fund and appropriated from that Fund for the purposes
11		of this Act.
12		(Source: P.A. 102-756, eff. 5-10-22.)
13		(725 ILCS 173/15)
14		Sec. 15. Funding. The Illinois Criminal Justice
15		Information Authority, in consultation with the Office of the
16		Attorney General, shall adopt rules for the implementation of
17		the Violent Crime Witness Protection Program. The Program
18		Assistance shall be subject to the following limitations:
19		(a) Grant funds may be used to reimburse grantees for
20		expenses associated with preexisting violent crime witness
21		protection programs, including, but not limited to, Funds
22		shall be limited to payment of the following:
23		(1) emergency or temporary living costs;
24		(2) moving expenses;
25		(3) rent;

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1		(3.5) utilities;
2		(4) security deposits for rent and utilities;
3		(5) other appropriate expenses of relocation or
4		transition;
5		(6) mental health treatment; and
6		(7) lost wage assistance; and
7		(8) administrative costs.
8		(b) Approval of applications made by State's Attorneys
9		shall be conditioned upon county funding for costs at a
10		level of at least 25%, unless this requirement is waived
11		by the administrator, in accordance with adopted rules,
12		for good cause shown.
13		(c) (Blank). Counties providing assistance consistent
14		with the limitations in this Act may apply for
15		reimbursement of up to 75% of their costs.
16		(d) No more than 50% of funding available in any given
17		fiscal year may be used for costs associated with any
18		single county.
19		(d-5) Grant funds Funds may also be requested by local
20		law enforcement agencies and, notwithstanding subsection
21		(a), used to establish local violent crime witness
22		protection programs.
23		(e) Before the Illinois Criminal Justice Information
24		Authority distributes moneys from the Violent Crime
25		Witness Protection Program Fund as provided in this
26		Section, it shall retain 5% of those moneys for

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1		administrative purposes.
2		(f) (Blank). Direct reimbursement is allowed in whole
3		or in part.
4		(g) Implementation of the Violent Crime Witness
5		Protection Program is subject to appropriation contingent
6		upon and subject to there being made sufficient
7		appropriations for implementation of that program.
8		(Source: P.A. 102-756, eff. 5-10-22.)
9		(725 ILCS 173/20)
10		Sec. 20. Violent Crime Witness Protection Program Fund.
11		There is created in the State treasury the Violent Crime
12		Witness Protection Program Fund into which shall be deposited
13		appropriated funds, grants, or other funds made available to
14		the Illinois Criminal Justice Information Authority to assist
15		State's Attorneys and local law enforcement agencies the
16		Attorney General in protecting victims and witnesses who are
17		aiding in the prosecution of perpetrators of violent crime,
18		and appropriate related persons or victims and witnesses
19		determined by the Authority to be at risk of a discernible
20		threat of violent crime.
21		(Source: P.A. 102-756, eff. 5-10-22.)
22		Section 5-90. The Revised Uniform Unclaimed Property Act
23		is amended by changing Section 15-801 as follows:

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1		(765 ILCS 1026/15-801)
2		Sec. 15-801. Deposit of funds by administrator.
3		(a) Except as otherwise provided in this Section, the
4		administrator shall deposit in the Unclaimed Property Trust
5		Fund all funds received under this Act, including proceeds
6		from the sale of property under Article 7. The administrator
7		may deposit any amount in the Unclaimed Property Trust Fund
8		into the State Pensions Fund during the fiscal year at his or
9		her discretion; however, he or she shall, on April 15 and
10		October 15 of each year, deposit any amount in the Unclaimed
11		Property Trust Fund exceeding $2,500,000 into the State
12		Pensions Fund. If on either April 15 or October 15, the
13		administrator determines that a balance of $2,500,000 is
14		insufficient for the prompt payment of unclaimed property
15		claims authorized under this Act, the administrator may retain
16		more than $2,500,000 in the Unclaimed Property Trust Fund in
17		order to ensure the prompt payment of claims. Beginning in
18		State fiscal year 2026 2025, all amounts that are deposited
19		into the State Pensions Fund from the Unclaimed Property Trust
20		Fund shall be apportioned to the designated retirement systems
21		as provided in subsection (c-6) of Section 8.12 of the State
22		Finance Act to reduce their actuarial reserve deficiencies.
23		(b) The administrator shall make prompt payment of claims
24		he or she duly allows as provided for in this Act from the
25		Unclaimed Property Trust Fund. This shall constitute an
26		irrevocable and continuing appropriation of all amounts in the

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1		Unclaimed Property Trust Fund necessary to make prompt payment
2		of claims duly allowed by the administrator pursuant to this
3		Act.
4		(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5		103-8, eff. 6-7-23.)
6		Section 5-95. The Unemployment Insurance Act is amended by
7		changing Section 2103 as follows:
8		(820 ILCS 405/2103) (from Ch. 48, par. 663)
9		Sec. 2103. Unemployment compensation administration and
10		other workforce development costs. All moneys received by the
11		State or by the Department from any source for the financing of
12		the cost of administration of this Act, including all federal
13		moneys allotted or apportioned to the State or to the
14		Department for that purpose, including moneys received
15		directly or indirectly from the federal government under the
16		Job Training Partnership Act, and including moneys received
17		from the Railroad Retirement Board as compensation for
18		services or facilities supplied to said Board, or any moneys
19		made available by this State or its political subdivisions and
20		matched by moneys granted to this State pursuant to the
21		provisions of the Wagner-Peyser Act, shall be received and
22		held by the State Treasurer as ex officio ex-officio custodian
23		thereof, separate and apart from all other State moneys, in
24		the Title III Social Security and Employment Fund, and such

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1		funds shall be distributed or expended upon the direction of
2		the Director and, except money received pursuant to the last
3		paragraph of Section 2100B, shall be distributed or expended
4		solely for the purposes and in the amounts found necessary by
5		the Secretary of Labor of the United States of America, or
6		other appropriate federal agency, for the proper and efficient
7		administration of this Act. Notwithstanding any provision of
8		this Section, all money requisitioned and deposited with the
9		State Treasurer pursuant to the last paragraph of Section
10		2100B shall remain part of the unemployment trust fund and
11		shall be used only in accordance with the conditions specified
12		in the last paragraph of Section 2100B.
13		If any moneys received from the Secretary of Labor, or
14		other appropriate federal agency, under Title III of the
15		Social Security Act, or any moneys granted to this State
16		pursuant to the provisions of the Wagner-Peyser Act, or any
17		moneys made available by this State or its political
18		subdivisions and matched by moneys granted to this State
19		pursuant to the provisions of the Wagner-Peyser Act, are found
20		by the Secretary of Labor, or other appropriate Federal
21		agency, because of any action or contingency, to have been
22		lost or expended for purposes other than, or in amounts in
23		excess of, those found necessary, by the Secretary of Labor,
24		or other appropriate Federal agency, for the proper
25		administration of this Act, it is the policy of this State that
26		such moneys shall be replaced by moneys appropriated for such

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1		purpose from the general funds of this State for expenditure
2		as provided in the first paragraph of this Section. The
3		Director shall report to the Governor's Office of Management
4		and Budget, in the same manner as is provided generally for the
5		submission by State Departments of financial requirements for
6		the ensuing fiscal year, and the Governor shall include in his
7		budget report to the next regular session of the General
8		Assembly, the amount required for such replacement.
9		Moneys in the Title III Social Security and Employment
10		Fund shall not be commingled with other State funds, but they
11		shall be deposited as required by law and maintained in a
12		separate account on the books of a savings and loan
13		association or bank.
14		The State Treasurer shall be liable on his general
15		official bond for the faithful performance of his duties as
16		custodian of all moneys in the Title III Social Security and
17		Employment Fund. Such liability on his official bond shall
18		exist in addition to the liability upon any separate bond
19		given by him. All sums recovered for losses sustained by the
20		fund herein described shall be deposited therein.
21		Upon the effective date of Public Act 85-956 this
22		amendatory Act of 1987 (January 1, 1988), the Comptroller
23		shall transfer all unobligated funds from the Job Training
24		Fund into the Title III Social Security and Employment Fund.
25		On September 1, 2000, or as soon thereafter as may be
26		reasonably practicable, the State Comptroller shall transfer

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1		all unobligated moneys from the Job Training Partnership Fund
2		into the Title III Social Security and Employment Fund. The
3		moneys transferred pursuant to Public Act 91-704 this
4		amendatory Act may be used or expended for purposes consistent
5		with the conditions under which those moneys were received by
6		the State.
7		Beginning on July 1, 2000 (the effective date of Public
8		Act 91-704) this amendatory Act of the 91st General Assembly,
9		all moneys that would otherwise be deposited into the Job
10		Training Partnership Fund shall instead be deposited into the
11		Title III Social Security and Employment Fund, to be used for
12		purposes consistent with the conditions under which those
13		moneys are received by the State, except that any moneys that
14		may be necessary to pay liabilities outstanding as of June 30,
15		2000 shall be deposited into the Job Training Partnership
16		Fund.
17		On July 1, 2024, or as soon thereafter as practical, after
18		making all necessary payments to the Federal Emergency
19		Management Agency related to the federal Lost Wages Assistance
20		program, the Director shall report to the Governor's Office of
21		Management and Budget all amounts remaining in the Title III
22		Social Security and Employment Fund from an appropriation to
23		the Department for the purpose of making payments to the
24		Federal Emergency Management Agency. At the direction of the
25		Director of the Governor's Office of Management and Budget,
26		the Comptroller shall direct and the Treasurer shall transfer

HB4959 Enrolled - 292 - LRB103 36303 SPS 66401 b
1		the reported amount from the Title III Social Security and
2		Employment Fund to the General Revenue Fund.
3		(Source: P.A. 97-791, eff. 1-1-13.)
4		Article 10.
5		Section 10-5. The Illinois Administrative Procedure Act is
6		amended by adding Sections 5-45.55 and 5-45.56 as follows:
7		(5 ILCS 100/5-45.55 new)
8		Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder
9		Act. To provide for the expeditious and timely implementation
10		of the changes made to Section 55-30 of the Substance Use
11		Disorder Act by this amendatory Act of the 103rd General
12		Assembly, emergency rules implementing the changes made to
13		that Section by this amendatory Act of the 103rd General
14		Assembly may be adopted in accordance with Section 5-45 by the
15		Department of Human Services or other department essential to
16		the implementation of the changes. The adoption of emergency
17		rules authorized by Section 5-45 and this Section is deemed to
18		be necessary for the public interest, safety, and welfare.
19		This Section is repealed one year after the effective date
20		of this Section.
21		(5 ILCS 100/5-45.56 new)
22		Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid

HB4959 Enrolled - 293 - LRB103 36303 SPS 66401 b
1		Code. To provide for the expeditious and timely implementation
2		of the changes made to the Illinois Public Aid Code by this
3		amendatory Act of the 103rd General Assembly, emergency rules
4		implementing the changes made to that Code by this amendatory
5		Act of the 103rd General Assembly may be adopted in accordance
6		with Section 5-45 by the Department of Healthcare and Family
7		Services, the Department of Human Services, or other
8		departments essential to the implementation of the changes.
9		The adoption of emergency rules authorized by Section 5-45 and
10		this Section is deemed to be necessary for the public
11		interest, safety, and welfare.
12		This Section is repealed one year after the effective date
13		of this Section.
14		Section 10-10. The Substance Use Disorder Act is amended
15		by changing Section 55-30 as follows:
16		(20 ILCS 301/55-30)
17		Sec. 55-30. Rate increase.
18		(a) The Department shall by rule develop the increased
19		rate methodology and annualize the increased rate beginning
20		with State fiscal year 2018 contracts to licensed providers of
21		community-based substance use disorder intervention or
22		treatment, based on the additional amounts appropriated for
23		the purpose of providing a rate increase to licensed
24		providers. The Department shall adopt rules, including

HB4959 Enrolled - 294 - LRB103 36303 SPS 66401 b
1		emergency rules under subsection (y) of Section 5-45 of the
2		Illinois Administrative Procedure Act, to implement the
3		provisions of this Section.
4		(b) (Blank).
5		(c) Beginning on July 1, 2022, the Division of Substance
6		Use Prevention and Recovery shall increase reimbursement rates
7		for all community-based substance use disorder treatment and
8		intervention services by 47%, including, but not limited to,
9		all of the following:
10		(1) Admission and Discharge Assessment.
11		(2) Level 1 (Individual).
12		(3) Level 1 (Group).
13		(4) Level 2 (Individual).
14		(5) Level 2 (Group).
15		(6) Case Management.
16		(7) Psychiatric Evaluation.
17		(8) Medication Assisted Recovery.
18		(9) Community Intervention.
19		(10) Early Intervention (Individual).
20		(11) Early Intervention (Group).
21		Beginning in State Fiscal Year 2023, and every State
22		fiscal year thereafter, reimbursement rates for those
23		community-based substance use disorder treatment and
24		intervention services shall be adjusted upward by an amount
25		equal to the Consumer Price Index-U from the previous year,
26		not to exceed 2% in any State fiscal year. If there is a

HB4959 Enrolled - 295 - LRB103 36303 SPS 66401 b
1		decrease in the Consumer Price Index-U, rates shall remain
2		unchanged for that State fiscal year. The Department shall
3		adopt rules, including emergency rules in accordance with the
4		Illinois Administrative Procedure Act, to implement the
5		provisions of this Section.
6		As used in this Section, "Consumer Price Index-U"
7		subsection, "consumer price index-u" means the index published
8		by the Bureau of Labor Statistics of the United States
9		Department of Labor that measures the average change in prices
10		of goods and services purchased by all urban consumers, United
11		States city average, all items, 1982-84 = 100.
12		(d) Beginning on January 1, 2024, subject to federal
13		approval, the Division of Substance Use Prevention and
14		Recovery shall increase reimbursement rates for all ASAM level
15		3 residential/inpatient substance use disorder treatment and
16		intervention services by 30%, including, but not limited to,
17		the following services:
18		(1) ASAM level 3.5 Clinically Managed High-Intensity
19		Residential Services for adults;
20		(2) ASAM level 3.5 Clinically Managed Medium-Intensity
21		Residential Services for adolescents;
22		(3) ASAM level 3.2 Clinically Managed Residential
23		Withdrawal Management;
24		(4) ASAM level 3.7 Medically Monitored Intensive
25		Inpatient Services for adults and Medically Monitored
26		High-Intensity Inpatient Services for adolescents; and

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1		(5) ASAM level 3.1 Clinically Managed Low-Intensity
2		Residential Services for adults and adolescents.
3		(e) Beginning in State fiscal year 2025, and every State
4		fiscal year thereafter, reimbursement rates for licensed or
5		certified substance use disorder treatment providers of ASAM
6		Level 3 residential/inpatient services for persons with
7		substance use disorders shall be adjusted upward by an amount
8		equal to the Consumer Price Index-U from the previous year,
9		not to exceed 2% in any State fiscal year. If there is a
10		decrease in the Consumer Price Index-U, rates shall remain
11		unchanged for that State fiscal year. The Department shall
12		adopt rules, including emergency rules, in accordance with the
13		Illinois Administrative Procedure Act, to implement the
14		provisions of this Section.
15		(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
16		(20 ILCS 302/Act rep.)
17		Section 10-15. The Substance Use Disorder Rate Equity Act
18		is repealed.
19		(20 ILCS 303/Act rep.)
20		Section 10-20. The Substance Use Disorder Residential and
21		Detox Rate Equity Act is repealed.
22		(20 ILCS 2205/2205-31 rep.)
23		Section 10-25. The Department of Healthcare and Family

HB4959 Enrolled - 297 - LRB103 36303 SPS 66401 b
1		Services Law of the Civil Administrative Code of Illinois is
2		amended by repealing Section 2205-31.
3		Section 10-30. The Department of Public Health Powers and
4		Duties Law of the Civil Administrative Code of Illinois is
5		amended by adding Section 2310-730 as follows:
6		(20 ILCS 2310/2310-730 new)
7		Sec. 2310-730. Health care telementoring.
8		(a) Subject to appropriation, the Department shall
9		designate one or more health care telementoring entities based
10		on an application to be developed by the Department.
11		Applicants shall demonstrate a record of expertise and
12		demonstrated success in providing health care telementoring
13		services. The Department may adopt rules necessary for the
14		implementation of this Section. Funding may be provided based
15		on the number of health care providers or professionals who
16		are assisted by each approved health care telementoring entity
17		and the hours of assistance provided to each health care
18		provider or professional in addition to other factors as
19		determined by the Director.
20		(b) In this Section:
21		"Health care providers or professionals" means individuals
22		trained to provide health care or related services. "Health
23		care providers or professionals" includes, but is not limited
24		to, physicians, nurses, physician assistants, speech language

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1		pathologists, social workers, and school personnel involved in
2		screening for targeted conditions and providing support to
3		students impacted by those conditions.
4		"Health care telementoring" means a program:
5		(1) that is based on interactive video or phone
6		technology that connects groups of local health care
7		providers or professionals in urban and rural underserved
8		areas with specialists in regular real-time collaborative
9		sessions;
10		(2) that is designed around case-based learning and
11		mentorship; and
12		(3) that helps local health care providers or
13		professionals gain the expertise required to more
14		effectively provide needed services.
15		"Health care telementoring" includes, but is not limited
16		to, a program provided to improve services in one or more of a
17		variety of areas, including, but not limited to, chronic
18		disease, communicable disease, atypical vision or hearing,
19		adolescent health, Hepatitis C, complex diabetes, geriatrics,
20		mental illness, opioid use disorders, substance use disorders,
21		maternity care, childhood adversity and trauma, pediatric
22		ADHD, congregate settings, including justice involved systems,
23		and other priorities identified by the Department.
24		Section 10-32. The State Finance Act is amended by adding
25		Sections 5.1017 and 6z-141 as follows:

HB4959 Enrolled - 299 - LRB103 36303 SPS 66401 b
1		(30 ILCS 105/5.1017 new)
2		Sec. 5.1017. The Health Equity and Access Fund.
3		(30 ILCS 105/6z-141 new)
4		Sec. 6z-141. Health Equity and Access Fund.
5		(a) The Health Equity and Access Fund is hereby created as
6		a special fund in the State treasury and may receive moneys
7		from any source, public or private, including moneys
8		appropriated to the Department of Healthcare and Family
9		Services. Interest earned on moneys in the Fund shall be
10		deposited into the Fund.
11		(b) Subject to appropriation, moneys in the Fund may be
12		used by the Department of Healthcare and Family Services to
13		pay for medical expenses or grants that advance health equity
14		initiatives in Illinois.
15		(c) The Department of Healthcare and Family Services may
16		adopt rules to implement and administer the health equity
17		initiative described in this Section.
18		Section 10-35. The Illinois Public Aid Code is amended by
19		changing Sections 5-47 and 16-2 and by adding Section 12-4.13e
20		as follows:
21		(305 ILCS 5/5-47)
22		Sec. 5-47. Medicaid reimbursement rates; substance use

HB4959 Enrolled - 300 - LRB103 36303 SPS 66401 b
1		disorder treatment providers and facilities.
2		(a) Beginning on January 1, 2024, subject to federal
3		approval, the Department of Healthcare and Family Services, in
4		conjunction with the Department of Human Services' Division of
5		Substance Use Prevention and Recovery, shall provide a 30%
6		increase in reimbursement rates for all Medicaid-covered ASAM
7		Level 3 residential/inpatient substance use disorder treatment
8		services.
9		No existing or future reimbursement rates or add-ons shall
10		be reduced or changed to address this proposed rate increase.
11		No later than 3 months after June 16, 2023 (the effective date
12		of Public Act 103-102) this amendatory Act of the 103rd
13		General Assembly, the Department of Healthcare and Family
14		Services shall submit any necessary application to the federal
15		Centers for Medicare and Medicaid Services to implement the
16		requirements of this Section.
17		(a-5) Beginning in State fiscal year 2025, and every State
18		fiscal year thereafter, reimbursement rates for licensed or
19		certified substance use disorder treatment providers of ASAM
20		Level 3 residential/inpatient services for persons with
21		substance use disorders shall be adjusted upward by an amount
22		equal to the Consumer Price Index-U from the previous year,
23		not to exceed 2% in any State fiscal year. If there is a
24		decrease in the Consumer Price Index-U, rates shall remain
25		unchanged for that State fiscal year. The Department shall
26		adopt rules, including emergency rules, in accordance with the

HB4959 Enrolled - 301 - LRB103 36303 SPS 66401 b
1		Illinois Administrative Procedure Act, to implement the
2		provisions of this Section.
3		As used in this Section, "Consumer Price Index-U" means
4		the index published by the Bureau of Labor Statistics of the
5		United States Department of Labor that measures the average
6		change in prices of goods and services purchased by all urban
7		consumers, United States city average, all items, 1982-84 =
8		100.
9		(b) Parity in community-based behavioral health rates;
10		implementation plan for cost reporting. For the purpose of
11		understanding behavioral health services cost structures and
12		their impact on the Medical Assistance Program, the Department
13		of Healthcare and Family Services shall engage stakeholders to
14		develop a plan for the regular collection of cost reporting
15		for all entity-based substance use disorder providers. Data
16		shall be used to inform on the effectiveness and efficiency of
17		Illinois Medicaid rates. The Department and stakeholders shall
18		develop a plan by April 1, 2024. The Department shall engage
19		stakeholders on implementation of the plan. The plan, at
20		minimum, shall consider all of the following:
21		(1) Alignment with certified community behavioral
22		health clinic requirements, standards, policies, and
23		procedures.
24		(2) Inclusion of prospective costs to measure what is
25		needed to increase services and capacity.
26		(3) Consideration of differences in collection and

HB4959 Enrolled - 302 - LRB103 36303 SPS 66401 b
1		policies based on the size of providers.
2		(4) Consideration of additional administrative time
3		and costs.
4		(5) Goals, purposes, and usage of data collected from
5		cost reports.
6		(6) Inclusion of qualitative data in addition to
7		quantitative data.
8		(7) Technical assistance for providers for completing
9		cost reports including initial training by the Department
10		for providers.
11		(8) Implementation of a timeline which allows an
12		initial grace period for providers to adjust internal
13		procedures and data collection.
14		Details from collected cost reports shall be made publicly
15		available on the Department's website and costs shall be used
16		to ensure the effectiveness and efficiency of Illinois
17		Medicaid rates.
18		(c) Reporting; access to substance use disorder treatment
19		services and recovery supports. By no later than April 1,
20		2024, the Department of Healthcare and Family Services, with
21		input from the Department of Human Services' Division of
22		Substance Use Prevention and Recovery, shall submit a report
23		to the General Assembly regarding access to treatment services
24		and recovery supports for persons diagnosed with a substance
25		use disorder. The report shall include, but is not limited to,
26		the following information:

HB4959 Enrolled - 303 - LRB103 36303 SPS 66401 b
1		(1) The number of providers enrolled in the Illinois
2		Medical Assistance Program certified to provide substance
3		use disorder treatment services, aggregated by ASAM level
4		of care, and recovery supports.
5		(2) The number of Medicaid customers in Illinois with
6		a diagnosed substance use disorder receiving substance use
7		disorder treatment, aggregated by provider type and ASAM
8		level of care.
9		(3) A comparison of Illinois' substance use disorder
10		licensure and certification requirements with those of
11		comparable state Medicaid programs.
12		(4) Recommendations for and an analysis of the impact
13		of aligning reimbursement rates for outpatient substance
14		use disorder treatment services with reimbursement rates
15		for community-based mental health treatment services.
16		(5) Recommendations for expanding substance use
17		disorder treatment to other qualified provider entities
18		and licensed professionals of the healing arts. The
19		recommendations shall include an analysis of the
20		opportunities to maximize the flexibilities permitted by
21		the federal Centers for Medicare and Medicaid Services for
22		expanding access to the number and types of qualified
23		substance use disorder providers.
24		(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
25		(305 ILCS 5/12-4.13e new)

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1		Sec. 12-4.13e. Summer EBT Program.
2		(a) Subject to federal approval, the Department of Human
3		Services may establish and participate in the federal Summer
4		Electronic Benefit Transfer Program for Children, which may be
5		referred to as the Summer EBT Program.
6		(b) The Summer EBT Program Fund is established as a
7		federal trust fund in the State treasury. The fund is
8		established to receive moneys from the federal government for
9		the Summer EBT Program. Subject to appropriation, moneys in
10		the Summer EBT Program Fund shall be expended by the
11		Department of Human Services only for those purposes permitted
12		under the federal Summer Electronic Benefit Transfer Program
13		for Children.
14		(c) The Department of Human Services is authorized to
15		adopt any rules, including emergency rules, necessary to
16		implement the provisions of this Section.
17		(305 ILCS 5/16-2)
18		Sec. 16-2. Eligibility. Subject to available funding, a A
19		foreign-born victim of trafficking, torture, or other serious
20		crimes and the individual's his or her derivative family
21		members, but not a single adult without derivative family
22		members, are eligible for cash assistance or SNAP benefits
23		under this Article if the individual:
24		(a) has filed he or she:
25		(1) has filed or is preparing to file an

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1		application for T Nonimmigrant status with the
2		appropriate federal agency pursuant to Section
3		1101(a)(15)(T) of Title 8 of the United States Code,
4		or is otherwise taking steps to meet the conditions
5		for federal benefits eligibility under Section 7105 of
6		Title 22 of the United States Code;
7		(2) has filed or is preparing to file a formal
8		application with the appropriate federal agency for
9		status pursuant to Section 1101(a)(15)(U) of Title 8
10		of the United States Code; or
11		(3) has filed or is preparing to file a formal
12		application with the appropriate federal agency for
13		status under Section 1158 of Title 8 of the United
14		States Code; and
15		(b) he or she is otherwise eligible for cash assistance or
16		SNAP benefits, as applicable.
17		An individual residing in an institution or other setting
18		that provides the majority of the individual's daily meals is
19		not eligible for SNAP benefits.
20		(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)
21		Section 10-40. The Intergenerational Poverty Act is
22		amended by changing Section 95-504 as follows:
23		(305 ILCS 70/95-504)
24		Sec. 95-504. Duties of the Director of the Governor's

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1		Office of Management and Budget. The Director of the
2		Governor's Office of Management and Budget shall include in
3		the materials submitted to the General Assembly outlining the
4		Governor's proposed annual budget a description of any budget
5		proposals or other activities, ongoing projects, and plans of
6		the executive branch designed to meet the goals and objectives
7		of the strategic plan and any other information related to the
8		proposed annual budget that the Director of the Governor's
9		Office of Management and Budget believes furthers the goals
10		and objectives of the strategic plan. The information shall
11		include the following:
12		(1) An accounting of the savings to the State from any
13		increased efficiencies in the delivery of services.
14		(2) Any savings realized from reducing the number of
15		individuals living in poverty and reducing the demand for
16		need-based services and benefits.
17		(3) A projection of any increase in revenue
18		collections due to any increase in the number of
19		individuals who become employed and pay taxes into the
20		State treasury.
21		(4) Any other information related to the proposed
22		annual budget that the Director of the Governor's Office
23		of Management and Budget believes furthers the goals and
24		objectives of the strategic plan.
25		(Source: P.A. 101-636, eff. 6-10-20.)

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1		Article 15.
2		Section 15-5. The Illinois Pension Code is amended by
3		changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as
4		follows:
5		(40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134)
6		Sec. 2-134. To certify required State contributions and
7		submit vouchers.
8		(a) The Board shall certify to the Governor on or before
9		December 15 of each year until December 15, 2011 the amount of
10		the required State contribution to the System for the next
11		fiscal year and shall specifically identify the System's
12		projected State normal cost for that fiscal year. The
13		certification shall include a copy of the actuarial
14		recommendations upon which it is based and shall specifically
15		identify the System's projected State normal cost for that
16		fiscal year.
17		On or before November 1 of each year, beginning November
18		1, 2012, the Board shall submit to the State Actuary, the
19		Governor, and the General Assembly a proposed certification of
20		the amount of the required State contribution to the System
21		for the next fiscal year, along with all of the actuarial
22		assumptions, calculations, and data upon which that proposed
23		certification is based. On or before January 1 of each year
24		beginning January 1, 2013, the State Actuary shall issue a

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1		preliminary report concerning the proposed certification and
2		identifying, if necessary, recommended changes in actuarial
3		assumptions that the Board must consider before finalizing its
4		certification of the required State contributions. On or
5		before January 15, 2013 and every January 15 thereafter, the
6		Board shall certify to the Governor and the General Assembly
7		the amount of the required State contribution for the next
8		fiscal year. The Board's certification must note any
9		deviations from the State Actuary's recommended changes, the
10		reason or reasons for not following the State Actuary's
11		recommended changes, and the fiscal impact of not following
12		the State Actuary's recommended changes on the required State
13		contribution.
14		On or before May 1, 2004, the Board shall recalculate and
15		recertify to the Governor the amount of the required State
16		contribution to the System for State fiscal year 2005, taking
17		into account the amounts appropriated to and received by the
18		System under subsection (d) of Section 7.2 of the General
19		Obligation Bond Act.
20		On or before July 1, 2005, the Board shall recalculate and
21		recertify to the Governor the amount of the required State
22		contribution to the System for State fiscal year 2006, taking
23		into account the changes in required State contributions made
24		by this amendatory Act of the 94th General Assembly.
25		On or before April 1, 2011, the Board shall recalculate
26		and recertify to the Governor the amount of the required State

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1		contribution to the System for State fiscal year 2011,
2		applying the changes made by Public Act 96-889 to the System's
3		assets and liabilities as of June 30, 2009 as though Public Act
4		96-889 was approved on that date.
5		By November 1, 2017, the Board shall recalculate and
6		recertify to the State Actuary, the Governor, and the General
7		Assembly the amount of the State contribution to the System
8		for State fiscal year 2018, taking into account the changes in
9		required State contributions made by this amendatory Act of
10		the 100th General Assembly. The State Actuary shall review the
11		assumptions and valuations underlying the Board's revised
12		certification and issue a preliminary report concerning the
13		proposed recertification and identifying, if necessary,
14		recommended changes in actuarial assumptions that the Board
15		must consider before finalizing its certification of the
16		required State contributions. The Board's final certification
17		must note any deviations from the State Actuary's recommended
18		changes, the reason or reasons for not following the State
19		Actuary's recommended changes, and the fiscal impact of not
20		following the State Actuary's recommended changes on the
21		required State contribution.
22		(b) Unless otherwise directed by the Comptroller under
23		subsection (b-1), Beginning in State fiscal year 1996, on or
24		as soon as possible after the 15th day of each month the Board
25		shall submit vouchers for payment of State contributions to
26		the System for the applicable month on the 15th day of each

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1		month, or as soon thereafter as may be practicable. The amount
2		vouchered for a monthly payment shall total , in a total
3		monthly amount of one-twelfth of the required annual State
4		contribution certified under subsection (a).
5		(b-1) Beginning in State fiscal year 2025, if the
6		Comptroller requests that the Board submit, during a State
7		fiscal year, vouchers for multiple monthly payments for
8		advance payment of State contributions due to the System for
9		that State fiscal year, then the Board shall submit those
10		additional monthly vouchers as directed by the Comptroller,
11		notwithstanding subsection (b). Unless an act of
12		appropriations provides otherwise, nothing in this Section
13		authorizes the Board to submit, in a State fiscal year,
14		vouchers for the payment of State contributions to the System
15		in an amount that exceeds the rate of payroll that is certified
16		by the System under this Section for that State fiscal year.
17		From the effective date of this amendatory Act of the 93rd
18		General Assembly through June 30, 2004, the Board shall not
19		submit vouchers for the remainder of fiscal year 2004 in
20		excess of the fiscal year 2004 certified contribution amount
21		determined under this Section after taking into consideration
22		the transfer to the System under subsection (d) of Section
23		6z-61 of the State Finance Act.
24		(b-2) The These vouchers described in subsections (b) and
25		(b-1) shall be paid by the State Comptroller and Treasurer by
26		warrants drawn on the funds appropriated to the System for

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1		that fiscal year.
2		If in any month the amount remaining unexpended from all
3		other appropriations to the System for the applicable fiscal
4		year (including the appropriations to the System under Section
5		8.12 of the State Finance Act and Section 1 of the State
6		Pension Funds Continuing Appropriation Act) is less than the
7		amount lawfully vouchered under this Section, the difference
8		shall be paid from the General Revenue Fund under the
9		continuing appropriation authority provided in Section 1.1 of
10		the State Pension Funds Continuing Appropriation Act.
11		(c) The full amount of any annual appropriation for the
12		System for State fiscal year 1995 shall be transferred and
13		made available to the System at the beginning of that fiscal
14		year at the request of the Board. Any excess funds remaining at
15		the end of any fiscal year from appropriations shall be
16		retained by the System as a general reserve to meet the
17		System's accrued liabilities.
18		(Source: P.A. 100-23, eff. 7-6-17.)
19		(40 ILCS 5/14-131)
20		Sec. 14-131. Contributions by State.
21		(a) The State shall make contributions to the System by
22		appropriations of amounts which, together with other employer
23		contributions from trust, federal, and other funds, employee
24		contributions, investment income, and other income, will be
25		sufficient to meet the cost of maintaining and administering

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1		the System on a 90% funded basis in accordance with actuarial
2		recommendations.
3		For the purposes of this Section and Section 14-135.08,
4		references to State contributions refer only to employer
5		contributions and do not include employee contributions that
6		are picked up or otherwise paid by the State or a department on
7		behalf of the employee.
8		(b) The Board shall determine the total amount of State
9		contributions required for each fiscal year on the basis of
10		the actuarial tables and other assumptions adopted by the
11		Board, using the formula in subsection (e).
12		The Board shall also determine a State contribution rate
13		for each fiscal year, expressed as a percentage of payroll,
14		based on the total required State contribution for that fiscal
15		year (less the amount received by the System from
16		appropriations under Section 8.12 of the State Finance Act and
17		Section 1 of the State Pension Funds Continuing Appropriation
18		Act, if any, for the fiscal year ending on the June 30
19		immediately preceding the applicable November 15 certification
20		deadline), the estimated payroll (including all forms of
21		compensation) for personal services rendered by eligible
22		employees, and the recommendations of the actuary.
23		For the purposes of this Section and Section 14.1 of the
24		State Finance Act, the term "eligible employees" includes
25		employees who participate in the System, persons who may elect
26		to participate in the System but have not so elected, persons

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1		who are serving a qualifying period that is required for
2		participation, and annuitants employed by a department as
3		described in subdivision (a)(1) or (a)(2) of Section 14-111.
4		(c) Contributions shall be made by the several departments
5		for each pay period by warrants drawn by the State Comptroller
6		against their respective funds or appropriations based upon
7		vouchers stating the amount to be so contributed. These
8		amounts shall be based on the full rate certified by the Board
9		under Section 14-135.08 for that fiscal year. From March 5,
10		2004 (the effective date of Public Act 93-665) through the
11		payment of the final payroll from fiscal year 2004
12		appropriations, the several departments shall not make
13		contributions for the remainder of fiscal year 2004 but shall
14		instead make payments as required under subsection (a-1) of
15		Section 14.1 of the State Finance Act. The several departments
16		shall resume those contributions at the commencement of fiscal
17		year 2005.
18		(c-1) Notwithstanding subsection (c) of this Section, for
19		fiscal years 2010, 2012, and each fiscal year thereafter,
20		contributions by the several departments are not required to
21		be made for General Revenue Funds payrolls processed by the
22		Comptroller. Payrolls paid by the several departments from all
23		other State funds must continue to be processed pursuant to
24		subsection (c) of this Section.
25		(c-2) Unless otherwise directed by the Comptroller under
26		subsection (c-3), For State fiscal years 2010, 2012, and each

HB4959 Enrolled - 314 - LRB103 36303 SPS 66401 b
1		fiscal year thereafter, on or as soon as possible after the
2		15th day of each month, the Board shall submit vouchers for
3		payment of State contributions to the System for the
4		applicable month on the 15th day of each month, or as soon
5		thereafter as may be practicable. The amount vouchered for a
6		monthly payment shall total , in a total monthly amount of
7		one-twelfth of the fiscal year General Revenue Fund
8		contribution as certified by the System pursuant to Section
9		14-135.08 of this the Illinois Pension Code.
10		(c-3) Beginning in State fiscal year 2025, if the
11		Comptroller requests that the Board submit, during a State
12		fiscal year, vouchers for multiple monthly payments for
13		advance payment of State contributions due to the System for
14		that State fiscal year, then the Board shall submit those
15		additional vouchers as directed by the Comptroller,
16		notwithstanding subsection (c-2). Unless an act of
17		appropriations provides otherwise, nothing in this Section
18		authorizes the Board to submit, in a State fiscal year,
19		vouchers for the payment of State contributions to the System
20		in an amount that exceeds the rate of payroll that is certified
21		by the System under Section 14-135.08 for that State fiscal
22		year.
23		(d) If an employee is paid from trust funds or federal
24		funds, the department or other employer shall pay employer
25		contributions from those funds to the System at the certified
26		rate, unless the terms of the trust or the federal-State

HB4959 Enrolled - 315 - LRB103 36303 SPS 66401 b
1		agreement preclude the use of the funds for that purpose, in
2		which case the required employer contributions shall be paid
3		by the State.
4		(e) For State fiscal years 2012 through 2045, the minimum
5		contribution to the System to be made by the State for each
6		fiscal year shall be an amount determined by the System to be
7		sufficient to bring the total assets of the System up to 90% of
8		the total actuarial liabilities of the System by the end of
9		State fiscal year 2045. In making these determinations, the
10		required State contribution shall be calculated each year as a
11		level percentage of payroll over the years remaining to and
12		including fiscal year 2045 and shall be determined under the
13		projected unit credit actuarial cost method.
14		A change in an actuarial or investment assumption that
15		increases or decreases the required State contribution and
16		first applies in State fiscal year 2018 or thereafter shall be
17		implemented in equal annual amounts over a 5-year period
18		beginning in the State fiscal year in which the actuarial
19		change first applies to the required State contribution.
20		A change in an actuarial or investment assumption that
21		increases or decreases the required State contribution and
22		first applied to the State contribution in fiscal year 2014,
23		2015, 2016, or 2017 shall be implemented:
24		(i) as already applied in State fiscal years before
25		2018; and
26		(ii) in the portion of the 5-year period beginning in

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1		the State fiscal year in which the actuarial change first
2		applied that occurs in State fiscal year 2018 or
3		thereafter, by calculating the change in equal annual
4		amounts over that 5-year period and then implementing it
5		at the resulting annual rate in each of the remaining
6		fiscal years in that 5-year period.
7		For State fiscal years 1996 through 2005, the State
8		contribution to the System, as a percentage of the applicable
9		employee payroll, shall be increased in equal annual
10		increments so that by State fiscal year 2011, the State is
11		contributing at the rate required under this Section; except
12		that (i) for State fiscal year 1998, for all purposes of this
13		Code and any other law of this State, the certified percentage
14		of the applicable employee payroll shall be 5.052% for
15		employees earning eligible creditable service under Section
16		14-110 and 6.500% for all other employees, notwithstanding any
17		contrary certification made under Section 14-135.08 before
18		July 7, 1997 (the effective date of Public Act 90-65), and (ii)
19		in the following specified State fiscal years, the State
20		contribution to the System shall not be less than the
21		following indicated percentages of the applicable employee
22		payroll, even if the indicated percentage will produce a State
23		contribution in excess of the amount otherwise required under
24		this subsection and subsection (a): 9.8% in FY 1999; 10.0% in
25		FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003;
26		and 10.8% in FY 2004.

HB4959 Enrolled - 317 - LRB103 36303 SPS 66401 b
1		Beginning in State fiscal year 2046, the minimum State
2		contribution for each fiscal year shall be the amount needed
3		to maintain the total assets of the System at 90% of the total
4		actuarial liabilities of the System.
5		Amounts received by the System pursuant to Section 25 of
6		the Budget Stabilization Act or Section 8.12 of the State
7		Finance Act in any fiscal year do not reduce and do not
8		constitute payment of any portion of the minimum State
9		contribution required under this Article in that fiscal year.
10		Such amounts shall not reduce, and shall not be included in the
11		calculation of, the required State contributions under this
12		Article in any future year until the System has reached a
13		funding ratio of at least 90%. A reference in this Article to
14		the "required State contribution" or any substantially similar
15		term does not include or apply to any amounts payable to the
16		System under Section 25 of the Budget Stabilization Act.
17		Notwithstanding any other provision of this Section, the
18		required State contribution for State fiscal year 2005 and for
19		fiscal year 2008 and each fiscal year thereafter, as
20		calculated under this Section and certified under Section
21		14-135.08, shall not exceed an amount equal to (i) the amount
22		of the required State contribution that would have been
23		calculated under this Section for that fiscal year if the
24		System had not received any payments under subsection (d) of
25		Section 7.2 of the General Obligation Bond Act, minus (ii) the
26		portion of the State's total debt service payments for that

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1		fiscal year on the bonds issued in fiscal year 2003 for the
2		purposes of that Section 7.2, as determined and certified by
3		the Comptroller, that is the same as the System's portion of
4		the total moneys distributed under subsection (d) of Section
5		7.2 of the General Obligation Bond Act.
6		(f) (Blank).
7		(g) For purposes of determining the required State
8		contribution to the System, the value of the System's assets
9		shall be equal to the actuarial value of the System's assets,
10		which shall be calculated as follows:
11		As of June 30, 2008, the actuarial value of the System's
12		assets shall be equal to the market value of the assets as of
13		that date. In determining the actuarial value of the System's
14		assets for fiscal years after June 30, 2008, any actuarial
15		gains or losses from investment return incurred in a fiscal
16		year shall be recognized in equal annual amounts over the
17		5-year period following that fiscal year.
18		(h) For purposes of determining the required State
19		contribution to the System for a particular year, the
20		actuarial value of assets shall be assumed to earn a rate of
21		return equal to the System's actuarially assumed rate of
22		return.
23		(i) (Blank).
24		(j) (Blank).
25		(k) For fiscal year 2012 and each fiscal year thereafter,
26		after the submission of all payments for eligible employees

HB4959 Enrolled - 319 - LRB103 36303 SPS 66401 b
1		from personal services line items paid from the General
2		Revenue Fund in the fiscal year have been made, the
3		Comptroller shall provide to the System a certification of the
4		sum of all expenditures in the fiscal year for personal
5		services. Upon receipt of the certification, the System shall
6		determine the amount due to the System based on the full rate
7		certified by the Board under Section 14-135.08 for the fiscal
8		year in order to meet the State's obligation under this
9		Section. The System shall compare this amount due to the
10		amount received by the System for the fiscal year. If the
11		amount due is more than the amount received, the difference
12		shall be termed the "Prior Fiscal Year Shortfall" for purposes
13		of this Section, and the Prior Fiscal Year Shortfall shall be
14		satisfied under Section 1.2 of the State Pension Funds
15		Continuing Appropriation Act. If the amount due is less than
16		the amount received, the difference shall be termed the "Prior
17		Fiscal Year Overpayment" for purposes of this Section, and the
18		Prior Fiscal Year Overpayment shall be repaid by the System to
19		the General Revenue Fund as soon as practicable after the
20		certification.
21		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22		101-10, eff. 6-5-19.)
23		(40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
24		Sec. 15-165. To certify amounts and submit vouchers.
25		(a) The Board shall certify to the Governor on or before

HB4959 Enrolled - 320 - LRB103 36303 SPS 66401 b
1		November 15 of each year until November 15, 2011 the
2		appropriation required from State funds for the purposes of
3		this System for the following fiscal year. The certification
4		under this subsection (a) shall include a copy of the
5		actuarial recommendations upon which it is based and shall
6		specifically identify the System's projected State normal cost
7		for that fiscal year and the projected State cost for the
8		self-managed plan for that fiscal year.
9		On or before May 1, 2004, the Board shall recalculate and
10		recertify to the Governor the amount of the required State
11		contribution to the System for State fiscal year 2005, taking
12		into account the amounts appropriated to and received by the
13		System under subsection (d) of Section 7.2 of the General
14		Obligation Bond Act.
15		On or before July 1, 2005, the Board shall recalculate and
16		recertify to the Governor the amount of the required State
17		contribution to the System for State fiscal year 2006, taking
18		into account the changes in required State contributions made
19		by this amendatory Act of the 94th General Assembly.
20		On or before April 1, 2011, the Board shall recalculate
21		and recertify to the Governor the amount of the required State
22		contribution to the System for State fiscal year 2011,
23		applying the changes made by Public Act 96-889 to the System's
24		assets and liabilities as of June 30, 2009 as though Public Act
25		96-889 was approved on that date.
26		(a-5) On or before November 1 of each year, beginning

HB4959 Enrolled - 321 - LRB103 36303 SPS 66401 b
1		November 1, 2012, the Board shall submit to the State Actuary,
2		the Governor, and the General Assembly a proposed
3		certification of the amount of the required State contribution
4		to the System for the next fiscal year, along with all of the
5		actuarial assumptions, calculations, and data upon which that
6		proposed certification is based. On or before January 1 of
7		each year, beginning January 1, 2013, the State Actuary shall
8		issue a preliminary report concerning the proposed
9		certification and identifying, if necessary, recommended
10		changes in actuarial assumptions that the Board must consider
11		before finalizing its certification of the required State
12		contributions. On or before January 15, 2013 and each January
13		15 thereafter, the Board shall certify to the Governor and the
14		General Assembly the amount of the required State contribution
15		for the next fiscal year. The Board's certification must note,
16		in a written response to the State Actuary, any deviations
17		from the State Actuary's recommended changes, the reason or
18		reasons for not following the State Actuary's recommended
19		changes, and the fiscal impact of not following the State
20		Actuary's recommended changes on the required State
21		contribution.
22		(a-10) By November 1, 2017, the Board shall recalculate
23		and recertify to the State Actuary, the Governor, and the
24		General Assembly the amount of the State contribution to the
25		System for State fiscal year 2018, taking into account the
26		changes in required State contributions made by this

HB4959 Enrolled - 322 - LRB103 36303 SPS 66401 b
1		amendatory Act of the 100th General Assembly. The State
2		Actuary shall review the assumptions and valuations underlying
3		the Board's revised certification and issue a preliminary
4		report concerning the proposed recertification and
5		identifying, if necessary, recommended changes in actuarial
6		assumptions that the Board must consider before finalizing its
7		certification of the required State contributions. The Board's
8		final certification must note any deviations from the State
9		Actuary's recommended changes, the reason or reasons for not
10		following the State Actuary's recommended changes, and the
11		fiscal impact of not following the State Actuary's recommended
12		changes on the required State contribution.
13		(a-15) On or after June 15, 2019, but no later than June
14		30, 2019, the Board shall recalculate and recertify to the
15		Governor and the General Assembly the amount of the State
16		contribution to the System for State fiscal year 2019, taking
17		into account the changes in required State contributions made
18		by this amendatory Act of the 100th General Assembly. The
19		recalculation shall be made using assumptions adopted by the
20		Board for the original fiscal year 2019 certification. The
21		monthly voucher for the 12th month of fiscal year 2019 shall be
22		paid by the Comptroller after the recertification required
23		pursuant to this subsection is submitted to the Governor,
24		Comptroller, and General Assembly. The recertification
25		submitted to the General Assembly shall be filed with the
26		Clerk of the House of Representatives and the Secretary of the

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1		Senate in electronic form only, in the manner that the Clerk
2		and the Secretary shall direct.
3		(b) The Board shall certify to the State Comptroller or
4		employer, as the case may be, from time to time, by its
5		chairperson and secretary, with its seal attached, the amounts
6		payable to the System from the various funds.
7		(c) Unless otherwise directed by the Comptroller under
8		subsection (c-1), Beginning in State fiscal year 1996, on or
9		as soon as possible after the 15th day of each month the Board
10		shall submit vouchers for payment of State contributions to
11		the System for the applicable month on the 15th day of each
12		month, or as soon thereafter as may be practicable. The amount
13		vouchered for a monthly payment shall total , in a total
14		monthly amount of one-twelfth of the required annual State
15		contribution certified under subsection (a).
16		(c-1) Beginning in State fiscal year 2025, if the
17		Comptroller requests that the Board submit, during a State
18		fiscal year, vouchers for multiple monthly payments for
19		advance payment of State contributions due to the System for
20		that State fiscal year, then the Board shall submit those
21		additional vouchers as directed by the Comptroller,
22		notwithstanding subsection (c). Unless an act of
23		appropriations provides otherwise, nothing in this Section
24		authorizes the Board to submit, in a State fiscal year,
25		vouchers for the payment of State contributions to the System
26		in an amount that exceeds the annual certified contribution

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

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1		toward the employer's portion of the normal costs of the
2		System, as defined in subsection (f) of Section 15-155. The
3		balance shall be applied toward the unfunded actuarial
4		liabilities of the System.
5		(e) In the event that the System does not receive, as a
6		result of legislative enactment or otherwise, payments
7		sufficient to fully fund the employer contribution to the
8		self-managed plan established under Section 15-158.2 and to
9		fully fund that portion of the employer's portion of the
10		normal costs of the System, as calculated in accordance with
11		Section 15-155(a-1), then any payments received shall be
12		applied proportionately to the optional retirement program
13		established under Section 15-158.2 and to the employer's
14		portion of the normal costs of the System, as calculated in
15		accordance with Section 15-155(a-1).
16		(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
17		(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
18		Sec. 16-158. Contributions by State and other employing
19		units.
20		(a) The State shall make contributions to the System by
21		means of appropriations from the Common School Fund and other
22		State funds of amounts which, together with other employer
23		contributions, employee contributions, investment income, and
24		other income, will be sufficient to meet the cost of
25		maintaining and administering the System on a 90% funded basis

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1		in accordance with actuarial recommendations.
2		The Board shall determine the amount of State
3		contributions required for each fiscal year on the basis of
4		the actuarial tables and other assumptions adopted by the
5		Board and the recommendations of the actuary, using the
6		formula in subsection (b-3).
7		(a-1) Annually, on or before November 15 until November
8		15, 2011, the Board shall certify to the Governor the amount of
9		the required State contribution for the coming fiscal year.
10		The certification under this subsection (a-1) shall include a
11		copy of the actuarial recommendations upon which it is based
12		and shall specifically identify the System's projected State
13		normal cost for that fiscal year.
14		On or before May 1, 2004, the Board shall recalculate and
15		recertify to the Governor the amount of the required State
16		contribution to the System for State fiscal year 2005, taking
17		into account the amounts appropriated to and received by the
18		System under subsection (d) of Section 7.2 of the General
19		Obligation Bond Act.
20		On or before July 1, 2005, the Board shall recalculate and
21		recertify to the Governor the amount of the required State
22		contribution to the System for State fiscal year 2006, taking
23		into account the changes in required State contributions made
24		by Public Act 94-4.
25		On or before April 1, 2011, the Board shall recalculate
26		and recertify to the Governor the amount of the required State

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1		contribution to the System for State fiscal year 2011,
2		applying the changes made by Public Act 96-889 to the System's
3		assets and liabilities as of June 30, 2009 as though Public Act
4		96-889 was approved on that date.
5		(a-5) On or before November 1 of each year, beginning
6		November 1, 2012, the Board shall submit to the State Actuary,
7		the Governor, and the General Assembly a proposed
8		certification of the amount of the required State contribution
9		to the System for the next fiscal year, along with all of the
10		actuarial assumptions, calculations, and data upon which that
11		proposed certification is based. On or before January 1 of
12		each year, beginning January 1, 2013, the State Actuary shall
13		issue a preliminary report concerning the proposed
14		certification and identifying, if necessary, recommended
15		changes in actuarial assumptions that the Board must consider
16		before finalizing its certification of the required State
17		contributions. On or before January 15, 2013 and each January
18		15 thereafter, the Board shall certify to the Governor and the
19		General Assembly the amount of the required State contribution
20		for the next fiscal year. The Board's certification must note
21		any deviations from the State Actuary's recommended changes,
22		the reason or reasons for not following the State Actuary's
23		recommended changes, and the fiscal impact of not following
24		the State Actuary's recommended changes on the required State
25		contribution.
26		(a-10) By November 1, 2017, the Board shall recalculate

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1		and recertify to the State Actuary, the Governor, and the
2		General Assembly the amount of the State contribution to the
3		System for State fiscal year 2018, taking into account the
4		changes in required State contributions made by Public Act
5		100-23. The State Actuary shall review the assumptions and
6		valuations underlying the Board's revised certification and
7		issue a preliminary report concerning the proposed
8		recertification and identifying, if necessary, recommended
9		changes in actuarial assumptions that the Board must consider
10		before finalizing its certification of the required State
11		contributions. The Board's final certification must note any
12		deviations from the State Actuary's recommended changes, the
13		reason or reasons for not following the State Actuary's
14		recommended changes, and the fiscal impact of not following
15		the State Actuary's recommended changes on the required State
16		contribution.
17		(a-15) On or after June 15, 2019, but no later than June
18		30, 2019, the Board shall recalculate and recertify to the
19		Governor and the General Assembly the amount of the State
20		contribution to the System for State fiscal year 2019, taking
21		into account the changes in required State contributions made
22		by Public Act 100-587. The recalculation shall be made using
23		assumptions adopted by the Board for the original fiscal year
24		2019 certification. The monthly voucher for the 12th month of
25		fiscal year 2019 shall be paid by the Comptroller after the
26		recertification required pursuant to this subsection is

HB4959 Enrolled - 329 - LRB103 36303 SPS 66401 b
1		submitted to the Governor, Comptroller, and General Assembly.
2		The recertification submitted to the General Assembly shall be
3		filed with the Clerk of the House of Representatives and the
4		Secretary of the Senate in electronic form only, in the manner
5		that the Clerk and the Secretary shall direct.
6		(b) Through State fiscal year 1995, the State
7		contributions shall be paid to the System in accordance with
8		Section 18-7 of the School Code.
9		(b-1) Unless otherwise directed by the Comptroller under
10		subsection (b-1.1), Beginning in State fiscal year 1996, on
11		the 15th day of each month, or as soon thereafter as may be
12		practicable, the Board shall submit vouchers for payment of
13		State contributions to the System for the applicable month on
14		the 15th day of each month, or as soon thereafter as may be
15		practicable. The amount vouchered for a monthly payment shall
16		total , in a total monthly amount of one-twelfth of the
17		required annual State contribution certified under subsection
18		(a-1).
19		(b-1.1) Beginning in State fiscal year 2025, if the
20		Comptroller requests that the Board submit, during a State
21		fiscal year, vouchers for multiple monthly payments for the
22		advance payment of State contributions due to the System for
23		that State fiscal year, then the Board shall submit those
24		additional vouchers as directed by the Comptroller,
25		notwithstanding subsection (b-1). Unless an act of
26		appropriations provides otherwise, nothing in this Section

HB4959 Enrolled - 330 - LRB103 36303 SPS 66401 b
1		authorizes the Board to submit, in a State fiscal year,
2		vouchers for the payment of State contributions to the System
3		in an amount that exceeds the rate of payroll that is certified
4		by the System under this Section for that State fiscal year.
5		From March 5, 2004 (the effective date of Public Act
6		93-665) through June 30, 2004, the Board shall not submit
7		vouchers for the remainder of fiscal year 2004 in excess of the
8		fiscal year 2004 certified contribution amount determined
9		under this Section after taking into consideration the
10		transfer to the System under subsection (a) of Section 6z-61
11		of the State Finance Act.
12		(b-1.2) The These vouchers described in subsections (b-1)
13		and (b-1.1) shall be paid by the State Comptroller and
14		Treasurer by warrants drawn on the funds appropriated to the
15		System for that fiscal year.
16		If in any month the amount remaining unexpended from all
17		other appropriations to the System for the applicable fiscal
18		year (including the appropriations to the System under Section
19		8.12 of the State Finance Act and Section 1 of the State
20		Pension Funds Continuing Appropriation Act) is less than the
21		amount lawfully vouchered under this subsection, the
22		difference shall be paid from the Common School Fund under the
23		continuing appropriation authority provided in Section 1.1 of
24		the State Pension Funds Continuing Appropriation Act.
25		(b-2) Allocations from the Common School Fund apportioned
26		to school districts not coming under this System shall not be

HB4959 Enrolled - 331 - LRB103 36303 SPS 66401 b
1		diminished or affected by the provisions of this Article.
2		(b-3) For State fiscal years 2012 through 2045, the
3		minimum contribution to the System to be made by the State for
4		each fiscal year shall be an amount determined by the System to
5		be sufficient to bring the total assets of the System up to 90%
6		of the total actuarial liabilities of the System by the end of
7		State fiscal year 2045. In making these determinations, the
8		required State contribution shall be calculated each year as a
9		level percentage of payroll over the years remaining to and
10		including fiscal year 2045 and shall be determined under the
11		projected unit credit actuarial cost method.
12		For each of State fiscal years 2018, 2019, and 2020, the
13		State shall make an additional contribution to the System
14		equal to 2% of the total payroll of each employee who is deemed
15		to have elected the benefits under Section 1-161 or who has
16		made the election under subsection (c) of Section 1-161.
17		A change in an actuarial or investment assumption that
18		increases or decreases the required State contribution and
19		first applies in State fiscal year 2018 or thereafter shall be
20		implemented in equal annual amounts over a 5-year period
21		beginning in the State fiscal year in which the actuarial
22		change first applies to the required State contribution.
23		A change in an actuarial or investment assumption that
24		increases or decreases the required State contribution and
25		first applied to the State contribution in fiscal year 2014,
26		2015, 2016, or 2017 shall be implemented:

HB4959 Enrolled - 332 - LRB103 36303 SPS 66401 b
1		(i) as already applied in State fiscal years before
2		2018; and
3		(ii) in the portion of the 5-year period beginning in
4		the State fiscal year in which the actuarial change first
5		applied that occurs in State fiscal year 2018 or
6		thereafter, by calculating the change in equal annual
7		amounts over that 5-year period and then implementing it
8		at the resulting annual rate in each of the remaining
9		fiscal years in that 5-year period.
10		For State fiscal years 1996 through 2005, the State
11		contribution to the System, as a percentage of the applicable
12		employee payroll, shall be increased in equal annual
13		increments so that by State fiscal year 2011, the State is
14		contributing at the rate required under this Section; except
15		that in the following specified State fiscal years, the State
16		contribution to the System shall not be less than the
17		following indicated percentages of the applicable employee
18		payroll, even if the indicated percentage will produce a State
19		contribution in excess of the amount otherwise required under
20		this subsection and subsection (a), and notwithstanding any
21		contrary certification made under subsection (a-1) before May
22		27, 1998 (the effective date of Public Act 90-582): 10.02% in
23		FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
24		2002; 12.86% in FY 2003; and 13.56% in FY 2004.
25		Notwithstanding any other provision of this Article, the
26		total required State contribution for State fiscal year 2006

HB4959 Enrolled - 333 - LRB103 36303 SPS 66401 b
1		is $534,627,700.
2		Notwithstanding any other provision of this Article, the
3		total required State contribution for State fiscal year 2007
4		is $738,014,500.
5		For each of State fiscal years 2008 through 2009, the
6		State contribution to the System, as a percentage of the
7		applicable employee payroll, shall be increased in equal
8		annual increments from the required State contribution for
9		State fiscal year 2007, so that by State fiscal year 2011, the
10		State is contributing at the rate otherwise required under
11		this Section.
12		Notwithstanding any other provision of this Article, the
13		total required State contribution for State fiscal year 2010
14		is $2,089,268,000 and shall be made from the proceeds of bonds
15		sold in fiscal year 2010 pursuant to Section 7.2 of the General
16		Obligation Bond Act, less (i) the pro rata share of bond sale
17		expenses determined by the System's share of total bond
18		proceeds, (ii) any amounts received from the Common School
19		Fund in fiscal year 2010, and (iii) any reduction in bond
20		proceeds due to the issuance of discounted bonds, if
21		applicable.
22		Notwithstanding any other provision of this Article, the
23		total required State contribution for State fiscal year 2011
24		is the amount recertified by the System on or before April 1,
25		2011 pursuant to subsection (a-1) of this Section and shall be
26		made from the proceeds of bonds sold in fiscal year 2011

HB4959 Enrolled - 334 - LRB103 36303 SPS 66401 b
1		pursuant to Section 7.2 of the General Obligation Bond Act,
2		less (i) the pro rata share of bond sale expenses determined by
3		the System's share of total bond proceeds, (ii) any amounts
4		received from the Common School Fund in fiscal year 2011, and
5		(iii) any reduction in bond proceeds due to the issuance of
6		discounted bonds, if applicable. This amount shall include, in
7		addition to the amount certified by the System, an amount
8		necessary to meet employer contributions required by the State
9		as an employer under paragraph (e) of this Section, which may
10		also be used by the System for contributions required by
11		paragraph (a) of Section 16-127.
12		Beginning in State fiscal year 2046, the minimum State
13		contribution for each fiscal year shall be the amount needed
14		to maintain the total assets of the System at 90% of the total
15		actuarial liabilities of the System.
16		Amounts received by the System pursuant to Section 25 of
17		the Budget Stabilization Act or Section 8.12 of the State
18		Finance Act in any fiscal year do not reduce and do not
19		constitute payment of any portion of the minimum State
20		contribution required under this Article in that fiscal year.
21		Such amounts shall not reduce, and shall not be included in the
22		calculation of, the required State contributions under this
23		Article in any future year until the System has reached a
24		funding ratio of at least 90%. A reference in this Article to
25		the "required State contribution" or any substantially similar
26		term does not include or apply to any amounts payable to the

HB4959 Enrolled - 335 - LRB103 36303 SPS 66401 b
1		System under Section 25 of the Budget Stabilization Act.
2		Notwithstanding any other provision of this Section, the
3		required State contribution for State fiscal year 2005 and for
4		fiscal year 2008 and each fiscal year thereafter, as
5		calculated under this Section and certified under subsection
6		(a-1), shall not exceed an amount equal to (i) the amount of
7		the required State contribution that would have been
8		calculated under this Section for that fiscal year if the
9		System had not received any payments under subsection (d) of
10		Section 7.2 of the General Obligation Bond Act, minus (ii) the
11		portion of the State's total debt service payments for that
12		fiscal year on the bonds issued in fiscal year 2003 for the
13		purposes of that Section 7.2, as determined and certified by
14		the Comptroller, that is the same as the System's portion of
15		the total moneys distributed under subsection (d) of Section
16		7.2 of the General Obligation Bond Act. In determining this
17		maximum for State fiscal years 2008 through 2010, however, the
18		amount referred to in item (i) shall be increased, as a
19		percentage of the applicable employee payroll, in equal
20		increments calculated from the sum of the required State
21		contribution for State fiscal year 2007 plus the applicable
22		portion of the State's total debt service payments for fiscal
23		year 2007 on the bonds issued in fiscal year 2003 for the
24		purposes of Section 7.2 of the General Obligation Bond Act, so
25		that, by State fiscal year 2011, the State is contributing at
26		the rate otherwise required under this Section.

HB4959 Enrolled - 336 - LRB103 36303 SPS 66401 b
1		(b-4) Beginning in fiscal year 2018, each employer under
2		this Article shall pay to the System a required contribution
3		determined as a percentage of projected payroll and sufficient
4		to produce an annual amount equal to:
5		(i) for each of fiscal years 2018, 2019, and 2020, the
6		defined benefit normal cost of the defined benefit plan,
7		less the employee contribution, for each employee of that
8		employer who has elected or who is deemed to have elected
9		the benefits under Section 1-161 or who has made the
10		election under subsection (b) of Section 1-161; for fiscal
11		year 2021 and each fiscal year thereafter, the defined
12		benefit normal cost of the defined benefit plan, less the
13		employee contribution, plus 2%, for each employee of that
14		employer who has elected or who is deemed to have elected
15		the benefits under Section 1-161 or who has made the
16		election under subsection (b) of Section 1-161; plus
17		(ii) the amount required for that fiscal year to
18		amortize any unfunded actuarial accrued liability
19		associated with the present value of liabilities
20		attributable to the employer's account under Section
21		16-158.3, determined as a level percentage of payroll over
22		a 30-year rolling amortization period.
23		In determining contributions required under item (i) of
24		this subsection, the System shall determine an aggregate rate
25		for all employers, expressed as a percentage of projected
26		payroll.

HB4959 Enrolled - 337 - LRB103 36303 SPS 66401 b
1		In determining the contributions required under item (ii)
2		of this subsection, the amount shall be computed by the System
3		on the basis of the actuarial assumptions and tables used in
4		the most recent actuarial valuation of the System that is
5		available at the time of the computation.
6		The contributions required under this subsection (b-4)
7		shall be paid by an employer concurrently with that employer's
8		payroll payment period. The State, as the actual employer of
9		an employee, shall make the required contributions under this
10		subsection.
11		(c) Payment of the required State contributions and of all
12		pensions, retirement annuities, death benefits, refunds, and
13		other benefits granted under or assumed by this System, and
14		all expenses in connection with the administration and
15		operation thereof, are obligations of the State.
16		If members are paid from special trust or federal funds
17		which are administered by the employing unit, whether school
18		district or other unit, the employing unit shall pay to the
19		System from such funds the full accruing retirement costs
20		based upon that service, which, beginning July 1, 2017, shall
21		be at a rate, expressed as a percentage of salary, equal to the
22		total employer's normal cost, expressed as a percentage of
23		payroll, as determined by the System. Employer contributions,
24		based on salary paid to members from federal funds, may be
25		forwarded by the distributing agency of the State of Illinois
26		to the System prior to allocation, in an amount determined in

HB4959 Enrolled - 338 - LRB103 36303 SPS 66401 b
1		accordance with guidelines established by such agency and the
2		System. Any contribution for fiscal year 2015 collected as a
3		result of the change made by Public Act 98-674 shall be
4		considered a State contribution under subsection (b-3) of this
5		Section.
6		(d) Effective July 1, 1986, any employer of a teacher as
7		defined in paragraph (8) of Section 16-106 shall pay the
8		employer's normal cost of benefits based upon the teacher's
9		service, in addition to employee contributions, as determined
10		by the System. Such employer contributions shall be forwarded
11		monthly in accordance with guidelines established by the
12		System.
13		However, with respect to benefits granted under Section
14		16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
15		of Section 16-106, the employer's contribution shall be 12%
16		(rather than 20%) of the member's highest annual salary rate
17		for each year of creditable service granted, and the employer
18		shall also pay the required employee contribution on behalf of
19		the teacher. For the purposes of Sections 16-133.4 and
20		16-133.5, a teacher as defined in paragraph (8) of Section
21		16-106 who is serving in that capacity while on leave of
22		absence from another employer under this Article shall not be
23		considered an employee of the employer from which the teacher
24		is on leave.
25		(e) Beginning July 1, 1998, every employer of a teacher
26		shall pay to the System an employer contribution computed as

HB4959 Enrolled - 339 - LRB103 36303 SPS 66401 b
1		follows:
2		(1) Beginning July 1, 1998 through June 30, 1999, the
3		employer contribution shall be equal to 0.3% of each
4		teacher's salary.
5		(2) Beginning July 1, 1999 and thereafter, the
6		employer contribution shall be equal to 0.58% of each
7		teacher's salary.
8		The school district or other employing unit may pay these
9		employer contributions out of any source of funding available
10		for that purpose and shall forward the contributions to the
11		System on the schedule established for the payment of member
12		contributions.
13		These employer contributions are intended to offset a
14		portion of the cost to the System of the increases in
15		retirement benefits resulting from Public Act 90-582.
16		Each employer of teachers is entitled to a credit against
17		the contributions required under this subsection (e) with
18		respect to salaries paid to teachers for the period January 1,
19		2002 through June 30, 2003, equal to the amount paid by that
20		employer under subsection (a-5) of Section 6.6 of the State
21		Employees Group Insurance Act of 1971 with respect to salaries
22		paid to teachers for that period.
23		The additional 1% employee contribution required under
24		Section 16-152 by Public Act 90-582 is the responsibility of
25		the teacher and not the teacher's employer, unless the
26		employer agrees, through collective bargaining or otherwise,

HB4959 Enrolled - 340 - LRB103 36303 SPS 66401 b
1		to make the contribution on behalf of the teacher.
2		If an employer is required by a contract in effect on May
3		1, 1998 between the employer and an employee organization to
4		pay, on behalf of all its full-time employees covered by this
5		Article, all mandatory employee contributions required under
6		this Article, then the employer shall be excused from paying
7		the employer contribution required under this subsection (e)
8		for the balance of the term of that contract. The employer and
9		the employee organization shall jointly certify to the System
10		the existence of the contractual requirement, in such form as
11		the System may prescribe. This exclusion shall cease upon the
12		termination, extension, or renewal of the contract at any time
13		after May 1, 1998.
14		(f) If the amount of a teacher's salary for any school year
15		used to determine final average salary exceeds the member's
16		annual full-time salary rate with the same employer for the
17		previous school year by more than 6%, the teacher's employer
18		shall pay to the System, in addition to all other payments
19		required under this Section and in accordance with guidelines
20		established by the System, the present value of the increase
21		in benefits resulting from the portion of the increase in
22		salary that is in excess of 6%. This present value shall be
23		computed by the System on the basis of the actuarial
24		assumptions and tables used in the most recent actuarial
25		valuation of the System that is available at the time of the
26		computation. If a teacher's salary for the 2005-2006 school

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1		year is used to determine final average salary under this
2		subsection (f), then the changes made to this subsection (f)
3		by Public Act 94-1057 shall apply in calculating whether the
4		increase in his or her salary is in excess of 6%. For the
5		purposes of this Section, change in employment under Section
6		10-21.12 of the School Code on or after June 1, 2005 shall
7		constitute a change in employer. The System may require the
8		employer to provide any pertinent information or
9		documentation. The changes made to this subsection (f) by
10		Public Act 94-1111 apply without regard to whether the teacher
11		was in service on or after its effective date.
12		Whenever it determines that a payment is or may be
13		required under this subsection, the System shall calculate the
14		amount of the payment and bill the employer for that amount.
15		The bill shall specify the calculations used to determine the
16		amount due. If the employer disputes the amount of the bill, it
17		may, within 30 days after receipt of the bill, apply to the
18		System in writing for a recalculation. The application must
19		specify in detail the grounds of the dispute and, if the
20		employer asserts that the calculation is subject to subsection
21		(g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section,
22		must include an affidavit setting forth and attesting to all
23		facts within the employer's knowledge that are pertinent to
24		the applicability of that subsection. Upon receiving a timely
25		application for recalculation, the System shall review the
26		application and, if appropriate, recalculate the amount due.

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

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

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1		that the payment is included in the computation of final
2		average salary.
3		(g-5) When assessing payment for any amount due under
4		subsection (f), the System shall exclude salary increases
5		resulting from overload or stipend work performed in a school
6		year subsequent to a school year in which the employer was
7		unable to offer or allow to be conducted overload or stipend
8		work due to an emergency declaration limiting such activities.
9		(g-10) When assessing payment for any amount due under
10		subsection (f), the System shall exclude salary increases
11		resulting from increased instructional time that exceeded the
12		instructional time required during the 2019-2020 school year.
13		(g-15) When assessing payment for any amount due under
14		subsection (f), the System shall exclude salary increases
15		resulting from teaching summer school on or after May 1, 2021
16		and before September 15, 2022.
17		(g-20) When assessing payment for any amount due under
18		subsection (f), the System shall exclude salary increases
19		necessary to bring a school board in compliance with Public
20		Act 101-443 or this amendatory Act of the 103rd General
21		Assembly.
22		(h) When assessing payment for any amount due under
23		subsection (f), the System shall exclude any salary increase
24		described in subsection (g) of this Section given on or after
25		July 1, 2011 but before July 1, 2014 under a contract or
26		collective bargaining agreement entered into, amended, or

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

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1		accordance with guidelines established by the System, an
2		amount determined by the System to be equal to the employer
3		normal cost, as established by the System and expressed as a
4		total percentage of payroll, multiplied by the amount of
5		salary in excess of the amount of the salary set for the
6		Governor. This amount shall be computed by the System on the
7		basis of the actuarial assumptions and tables used in the most
8		recent actuarial valuation of the System that is available at
9		the time of the computation. The System may require the
10		employer to provide any pertinent information or
11		documentation.
12		Whenever it determines that a payment is or may be
13		required under this subsection, the System shall calculate the
14		amount of the payment and bill the employer for that amount.
15		The bill shall specify the calculations used to determine the
16		amount due. If the employer disputes the amount of the bill, it
17		may, within 30 days after receipt of the bill, apply to the
18		System in writing for a recalculation. The application must
19		specify in detail the grounds of the dispute. Upon receiving a
20		timely application for recalculation, the System shall review
21		the application and, if appropriate, recalculate the amount
22		due.
23		The employer contributions required under this subsection
24		may be paid in the form of a lump sum within 90 days after
25		receipt of the bill. If the employer contributions are not
26		paid within 90 days after receipt of the bill, then interest

HB4959 Enrolled - 347 - LRB103 36303 SPS 66401 b
1		will be charged at a rate equal to the System's annual
2		actuarially assumed rate of return on investment compounded
3		annually from the 91st day after receipt of the bill. Payments
4		must be concluded within 3 years after the employer's receipt
5		of the bill.
6		(j) For purposes of determining the required State
7		contribution to the System, the value of the System's assets
8		shall be equal to the actuarial value of the System's assets,
9		which shall be calculated as follows:
10		As of June 30, 2008, the actuarial value of the System's
11		assets shall be equal to the market value of the assets as of
12		that date. In determining the actuarial value of the System's
13		assets for fiscal years after June 30, 2008, any actuarial
14		gains or losses from investment return incurred in a fiscal
15		year shall be recognized in equal annual amounts over the
16		5-year period following that fiscal year.
17		(k) For purposes of determining the required State
18		contribution to the system for a particular year, the
19		actuarial value of assets shall be assumed to earn a rate of
20		return equal to the system's actuarially assumed rate of
21		return.
22		(Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
23		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
24		8-11-23.)
25		(40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140)

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1		Sec. 18-140. To certify required State contributions and
2		submit vouchers.
3		(a) The Board shall certify to the Governor, on or before
4		November 15 of each year until November 15, 2011, the amount of
5		the required State contribution to the System for the
6		following fiscal year and shall specifically identify the
7		System's projected State normal cost for that fiscal year. The
8		certification shall include a copy of the actuarial
9		recommendations upon which it is based and shall specifically
10		identify the System's projected State normal cost for that
11		fiscal year.
12		On or before November 1 of each year, beginning November
13		1, 2012, the Board shall submit to the State Actuary, the
14		Governor, and the General Assembly a proposed certification of
15		the amount of the required State contribution to the System
16		for the next fiscal year, along with all of the actuarial
17		assumptions, calculations, and data upon which that proposed
18		certification is based. On or before January 1 of each year
19		beginning January 1, 2013, the State Actuary shall issue a
20		preliminary report concerning the proposed certification and
21		identifying, if necessary, recommended changes in actuarial
22		assumptions that the Board must consider before finalizing its
23		certification of the required State contributions. On or
24		before January 15, 2013 and every January 15 thereafter, the
25		Board shall certify to the Governor and the General Assembly
26		the amount of the required State contribution for the next

HB4959 Enrolled - 349 - LRB103 36303 SPS 66401 b
1		fiscal year. The Board's certification must note any
2		deviations from the State Actuary's recommended changes, the
3		reason or reasons for not following the State Actuary's
4		recommended changes, and the fiscal impact of not following
5		the State Actuary's recommended changes on the required State
6		contribution.
7		On or before May 1, 2004, the Board shall recalculate and
8		recertify to the Governor the amount of the required State
9		contribution to the System for State fiscal year 2005, taking
10		into account the amounts appropriated to and received by the
11		System under subsection (d) of Section 7.2 of the General
12		Obligation Bond Act.
13		On or before July 1, 2005, the Board shall recalculate and
14		recertify to the Governor the amount of the required State
15		contribution to the System for State fiscal year 2006, taking
16		into account the changes in required State contributions made
17		by this amendatory Act of the 94th General Assembly.
18		On or before April 1, 2011, the Board shall recalculate
19		and recertify to the Governor the amount of the required State
20		contribution to the System for State fiscal year 2011,
21		applying the changes made by Public Act 96-889 to the System's
22		assets and liabilities as of June 30, 2009 as though Public Act
23		96-889 was approved on that date.
24		By November 1, 2017, the Board shall recalculate and
25		recertify to the State Actuary, the Governor, and the General
26		Assembly the amount of the State contribution to the System

HB4959 Enrolled - 350 - LRB103 36303 SPS 66401 b
1		for State fiscal year 2018, taking into account the changes in
2		required State contributions made by this amendatory Act of
3		the 100th General Assembly. The State Actuary shall review the
4		assumptions and valuations underlying the Board's revised
5		certification and issue a preliminary report concerning the
6		proposed recertification and identifying, if necessary,
7		recommended changes in actuarial assumptions that the Board
8		must consider before finalizing its certification of the
9		required State contributions. The Board's final certification
10		must note any deviations from the State Actuary's recommended
11		changes, the reason or reasons for not following the State
12		Actuary's recommended changes, and the fiscal impact of not
13		following the State Actuary's recommended changes on the
14		required State contribution.
15		(b) Unless otherwise directed by the Comptroller under
16		subsection (b-1), Beginning in State fiscal year 1996, on or
17		as soon as possible after the 15th day of each month the Board
18		shall submit vouchers for payment of State contributions to
19		the System for the applicable month on the 15th day of each
20		month, or as soon thereafter as may be practicable. The amount
21		vouchered for a monthly payment shall total , in a total
22		monthly amount of one-twelfth of the required annual State
23		contribution certified under subsection (a).
24		(b-1) Beginning in State fiscal year 2025, if the
25		Comptroller requests that the Board submit, during a State
26		fiscal year, vouchers for multiple monthly payments for the

HB4959 Enrolled - 351 - LRB103 36303 SPS 66401 b
1		advance payment of State contributions due to the System for
2		that State fiscal year, then the Board shall submit those
3		additional vouchers as directed by the Comptroller,
4		notwithstanding subsection (b). Unless an act of
5		appropriations provides otherwise, nothing in this Section
6		authorizes the Board to submit, in a State fiscal year,
7		vouchers for the payment of State contributions to the System
8		in an amount that exceeds the rate of payroll that is certified
9		by the System under this Section for that State fiscal year.
10		From the effective date of this amendatory Act of the 93rd
11		General Assembly through June 30, 2004, the Board shall not
12		submit vouchers for the remainder of fiscal year 2004 in
13		excess of the fiscal year 2004 certified contribution amount
14		determined under this Section after taking into consideration
15		the transfer to the System under subsection (c) of Section
16		6z-61 of the State Finance Act.
17		(b-2) The These vouchers described in subsections (b) and
18		(b-1) shall be paid by the State Comptroller and Treasurer by
19		warrants drawn on the funds appropriated to the System for
20		that fiscal year.
21		If in any month the amount remaining unexpended from all
22		other appropriations to the System for the applicable fiscal
23		year (including the appropriations to the System under Section
24		8.12 of the State Finance Act and Section 1 of the State
25		Pension Funds Continuing Appropriation Act) is less than the
26		amount lawfully vouchered under this Section, the difference

HB4959 Enrolled - 352 - LRB103 36303 SPS 66401 b
1		shall be paid from the General Revenue Fund under the
2		continuing appropriation authority provided in Section 1.1 of
3		the State Pension Funds Continuing Appropriation Act.
4		(Source: P.A. 100-23, eff. 7-6-17.)
5		Article 20.
6		Section 20-5. The Illinois Act on the Aging is amended by
7		changing Section 4.02 as follows:
8		(20 ILCS 105/4.02)
9		Sec. 4.02. Community Care Program. The Department shall
10		establish a program of services to prevent unnecessary
11		institutionalization of persons age 60 and older in need of
12		long term care or who are established as persons who suffer
13		from Alzheimer's disease or a related disorder under the
14		Alzheimer's Disease Assistance Act, thereby enabling them to
15		remain in their own homes or in other living arrangements.
16		Such preventive services, which may be coordinated with other
17		programs for the aged and monitored by area agencies on aging
18		in cooperation with the Department, may include, but are not
19		limited to, any or all of the following:
20		(a) (blank);
21		(b) (blank);
22		(c) home care aide services;
23		(d) personal assistant services;

HB4959 Enrolled - 353 - LRB103 36303 SPS 66401 b
1		(e) adult day services;
2		(f) home-delivered meals;
3		(g) education in self-care;
4		(h) personal care services;
5		(i) adult day health services;
6		(j) habilitation services;
7		(k) respite care;
8		(k-5) community reintegration services;
9		(k-6) flexible senior services;
10		(k-7) medication management;
11		(k-8) emergency home response;
12		(l) other nonmedical social services that may enable
13		the person to become self-supporting; or
14		(m) clearinghouse for information provided by senior
15		citizen home owners who want to rent rooms to or share
16		living space with other senior citizens.
17		The Department shall establish eligibility standards for
18		such services. In determining the amount and nature of
19		services for which a person may qualify, consideration shall
20		not be given to the value of cash, property, or other assets
21		held in the name of the person's spouse pursuant to a written
22		agreement dividing marital property into equal but separate
23		shares or pursuant to a transfer of the person's interest in a
24		home to his spouse, provided that the spouse's share of the
25		marital property is not made available to the person seeking
26		such services.

HB4959 Enrolled - 354 - LRB103 36303 SPS 66401 b
1		Beginning January 1, 2008, the Department shall require as
2		a condition of eligibility that all new financially eligible
3		applicants apply for and enroll in medical assistance under
4		Article V of the Illinois Public Aid Code in accordance with
5		rules promulgated by the Department.
6		The Department shall, in conjunction with the Department
7		of Public Aid (now Department of Healthcare and Family
8		Services), seek appropriate amendments under Sections 1915 and
9		1924 of the Social Security Act. The purpose of the amendments
10		shall be to extend eligibility for home and community based
11		services under Sections 1915 and 1924 of the Social Security
12		Act to persons who transfer to or for the benefit of a spouse
13		those amounts of income and resources allowed under Section
14		1924 of the Social Security Act. Subject to the approval of
15		such amendments, the Department shall extend the provisions of
16		Section 5-4 of the Illinois Public Aid Code to persons who, but
17		for the provision of home or community-based services, would
18		require the level of care provided in an institution, as is
19		provided for in federal law. Those persons no longer found to
20		be eligible for receiving noninstitutional services due to
21		changes in the eligibility criteria shall be given 45 days
22		notice prior to actual termination. Those persons receiving
23		notice of termination may contact the Department and request
24		the determination be appealed at any time during the 45 day
25		notice period. The target population identified for the
26		purposes of this Section are persons age 60 and older with an

HB4959 Enrolled - 355 - LRB103 36303 SPS 66401 b
1		identified service need. Priority shall be given to those who
2		are at imminent risk of institutionalization. The services
3		shall be provided to eligible persons age 60 and older to the
4		extent that the cost of the services together with the other
5		personal maintenance expenses of the persons are reasonably
6		related to the standards established for care in a group
7		facility appropriate to the person's condition. These
8		non-institutional services, pilot projects, or experimental
9		facilities may be provided as part of or in addition to those
10		authorized by federal law or those funded and administered by
11		the Department of Human Services. The Departments of Human
12		Services, Healthcare and Family Services, Public Health,
13		Veterans' Affairs, and Commerce and Economic Opportunity and
14		other appropriate agencies of State, federal, and local
15		governments shall cooperate with the Department on Aging in
16		the establishment and development of the non-institutional
17		services. The Department shall require an annual audit from
18		all personal assistant and home care aide vendors contracting
19		with the Department under this Section. The annual audit shall
20		assure that each audited vendor's procedures are in compliance
21		with Department's financial reporting guidelines requiring an
22		administrative and employee wage and benefits cost split as
23		defined in administrative rules. The audit is a public record
24		under the Freedom of Information Act. The Department shall
25		execute, relative to the nursing home prescreening project,
26		written inter-agency agreements with the Department of Human

HB4959 Enrolled - 356 - LRB103 36303 SPS 66401 b
1		Services and the Department of Healthcare and Family Services,
2		to effect the following: (1) intake procedures and common
3		eligibility criteria for those persons who are receiving
4		non-institutional services; and (2) the establishment and
5		development of non-institutional services in areas of the
6		State where they are not currently available or are
7		undeveloped. On and after July 1, 1996, all nursing home
8		prescreenings for individuals 60 years of age or older shall
9		be conducted by the Department.
10		As part of the Department on Aging's routine training of
11		case managers and case manager supervisors, the Department may
12		include information on family futures planning for persons who
13		are age 60 or older and who are caregivers of their adult
14		children with developmental disabilities. The content of the
15		training shall be at the Department's discretion.
16		The Department is authorized to establish a system of
17		recipient copayment for services provided under this Section,
18		such copayment to be based upon the recipient's ability to pay
19		but in no case to exceed the actual cost of the services
20		provided. Additionally, any portion of a person's income which
21		is equal to or less than the federal poverty standard shall not
22		be considered by the Department in determining the copayment.
23		The level of such copayment shall be adjusted whenever
24		necessary to reflect any change in the officially designated
25		federal poverty standard.
26		The Department, or the Department's authorized

HB4959 Enrolled - 357 - LRB103 36303 SPS 66401 b
1		representative, may recover the amount of moneys expended for
2		services provided to or in behalf of a person under this
3		Section by a claim against the person's estate or against the
4		estate of the person's surviving spouse, but no recovery may
5		be had until after the death of the surviving spouse, if any,
6		and then only at such time when there is no surviving child who
7		is under age 21 or blind or who has a permanent and total
8		disability. This paragraph, however, shall not bar recovery,
9		at the death of the person, of moneys for services provided to
10		the person or in behalf of the person under this Section to
11		which the person was not entitled; provided that such recovery
12		shall not be enforced against any real estate while it is
13		occupied as a homestead by the surviving spouse or other
14		dependent, if no claims by other creditors have been filed
15		against the estate, or, if such claims have been filed, they
16		remain dormant for failure of prosecution or failure of the
17		claimant to compel administration of the estate for the
18		purpose of payment. This paragraph shall not bar recovery from
19		the estate of a spouse, under Sections 1915 and 1924 of the
20		Social Security Act and Section 5-4 of the Illinois Public Aid
21		Code, who precedes a person receiving services under this
22		Section in death. All moneys for services paid to or in behalf
23		of the person under this Section shall be claimed for recovery
24		from the deceased spouse's estate. "Homestead", as used in
25		this paragraph, means the dwelling house and contiguous real
26		estate occupied by a surviving spouse or relative, as defined

HB4959 Enrolled - 358 - LRB103 36303 SPS 66401 b
1		by the rules and regulations of the Department of Healthcare
2		and Family Services, regardless of the value of the property.
3		The Department shall increase the effectiveness of the
4		existing Community Care Program by:
5		(1) ensuring that in-home services included in the
6		care plan are available on evenings and weekends;
7		(2) ensuring that care plans contain the services that
8		eligible participants need based on the number of days in
9		a month, not limited to specific blocks of time, as
10		identified by the comprehensive assessment tool selected
11		by the Department for use statewide, not to exceed the
12		total monthly service cost maximum allowed for each
13		service; the Department shall develop administrative rules
14		to implement this item (2);
15		(3) ensuring that the participants have the right to
16		choose the services contained in their care plan and to
17		direct how those services are provided, based on
18		administrative rules established by the Department;
19		(4) ensuring that the determination of need tool is
20		accurate in determining the participants' level of need;
21		to achieve this, the Department, in conjunction with the
22		Older Adult Services Advisory Committee, shall institute a
23		study of the relationship between the Determination of
24		Need scores, level of need, service cost maximums, and the
25		development and utilization of service plans no later than
26		May 1, 2008; findings and recommendations shall be

HB4959 Enrolled - 359 - LRB103 36303 SPS 66401 b
1		presented to the Governor and the General Assembly no
2		later than January 1, 2009; recommendations shall include
3		all needed changes to the service cost maximums schedule
4		and additional covered services;
5		(5) ensuring that homemakers can provide personal care
6		services that may or may not involve contact with clients,
7		including, but not limited to:
8		(A) bathing;
9		(B) grooming;
10		(C) toileting;
11		(D) nail care;
12		(E) transferring;
13		(F) respiratory services;
14		(G) exercise; or
15		(H) positioning;
16		(6) ensuring that homemaker program vendors are not
17		restricted from hiring homemakers who are family members
18		of clients or recommended by clients; the Department may
19		not, by rule or policy, require homemakers who are family
20		members of clients or recommended by clients to accept
21		assignments in homes other than the client;
22		(7) ensuring that the State may access maximum federal
23		matching funds by seeking approval for the Centers for
24		Medicare and Medicaid Services for modifications to the
25		State's home and community based services waiver and
26		additional waiver opportunities, including applying for

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1		enrollment in the Balance Incentive Payment Program by May
2		1, 2013, in order to maximize federal matching funds; this
3		shall include, but not be limited to, modification that
4		reflects all changes in the Community Care Program
5		services and all increases in the services cost maximum;
6		(8) ensuring that the determination of need tool
7		accurately reflects the service needs of individuals with
8		Alzheimer's disease and related dementia disorders;
9		(9) ensuring that services are authorized accurately
10		and consistently for the Community Care Program (CCP); the
11		Department shall implement a Service Authorization policy
12		directive; the purpose shall be to ensure that eligibility
13		and services are authorized accurately and consistently in
14		the CCP program; the policy directive shall clarify
15		service authorization guidelines to Care Coordination
16		Units and Community Care Program providers no later than
17		May 1, 2013;
18		(10) working in conjunction with Care Coordination
19		Units, the Department of Healthcare and Family Services,
20		the Department of Human Services, Community Care Program
21		providers, and other stakeholders to make improvements to
22		the Medicaid claiming processes and the Medicaid
23		enrollment procedures or requirements as needed,
24		including, but not limited to, specific policy changes or
25		rules to improve the up-front enrollment of participants
26		in the Medicaid program and specific policy changes or

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1		rules to insure more prompt submission of bills to the
2		federal government to secure maximum federal matching
3		dollars as promptly as possible; the Department on Aging
4		shall have at least 3 meetings with stakeholders by
5		January 1, 2014 in order to address these improvements;
6		(11) requiring home care service providers to comply
7		with the rounding of hours worked provisions under the
8		federal Fair Labor Standards Act (FLSA) and as set forth
9		in 29 CFR 785.48(b) by May 1, 2013;
10		(12) implementing any necessary policy changes or
11		promulgating any rules, no later than January 1, 2014, to
12		assist the Department of Healthcare and Family Services in
13		moving as many participants as possible, consistent with
14		federal regulations, into coordinated care plans if a care
15		coordination plan that covers long term care is available
16		in the recipient's area; and
17		(13) maintaining fiscal year 2014 rates at the same
18		level established on January 1, 2013.
19		By January 1, 2009 or as soon after the end of the Cash and
20		Counseling Demonstration Project as is practicable, the
21		Department may, based on its evaluation of the demonstration
22		project, promulgate rules concerning personal assistant
23		services, to include, but need not be limited to,
24		qualifications, employment screening, rights under fair labor
25		standards, training, fiduciary agent, and supervision
26		requirements. All applicants shall be subject to the

HB4959 Enrolled - 362 - LRB103 36303 SPS 66401 b
1		provisions of the Health Care Worker Background Check Act.
2		The Department shall develop procedures to enhance
3		availability of services on evenings, weekends, and on an
4		emergency basis to meet the respite needs of caregivers.
5		Procedures shall be developed to permit the utilization of
6		services in successive blocks of 24 hours up to the monthly
7		maximum established by the Department. Workers providing these
8		services shall be appropriately trained.
9		Beginning on September 23, 1991 (the effective date of
10		Public Act 87-729) this amendatory Act of 1991, no person may
11		perform chore/housekeeping and home care aide services under a
12		program authorized by this Section unless that person has been
13		issued a certificate of pre-service to do so by his or her
14		employing agency. Information gathered to effect such
15		certification shall include (i) the person's name, (ii) the
16		date the person was hired by his or her current employer, and
17		(iii) the training, including dates and levels. Persons
18		engaged in the program authorized by this Section before the
19		effective date of this amendatory Act of 1991 shall be issued a
20		certificate of all pre-service pre- and in-service training
21		from his or her employer upon submitting the necessary
22		information. The employing agency shall be required to retain
23		records of all staff pre-service pre- and in-service training,
24		and shall provide such records to the Department upon request
25		and upon termination of the employer's contract with the
26		Department. In addition, the employing agency is responsible

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1		for the issuance of certifications of in-service training
2		completed to their employees.
3		The Department is required to develop a system to ensure
4		that persons working as home care aides and personal
5		assistants receive increases in their wages when the federal
6		minimum wage is increased by requiring vendors to certify that
7		they are meeting the federal minimum wage statute for home
8		care aides and personal assistants. An employer that cannot
9		ensure that the minimum wage increase is being given to home
10		care aides and personal assistants shall be denied any
11		increase in reimbursement costs.
12		The Community Care Program Advisory Committee is created
13		in the Department on Aging. The Director shall appoint
14		individuals to serve in the Committee, who shall serve at
15		their own expense. Members of the Committee must abide by all
16		applicable ethics laws. The Committee shall advise the
17		Department on issues related to the Department's program of
18		services to prevent unnecessary institutionalization. The
19		Committee shall meet on a bi-monthly basis and shall serve to
20		identify and advise the Department on present and potential
21		issues affecting the service delivery network, the program's
22		clients, and the Department and to recommend solution
23		strategies. Persons appointed to the Committee shall be
24		appointed on, but not limited to, their own and their agency's
25		experience with the program, geographic representation, and
26		willingness to serve. The Director shall appoint members to

HB4959 Enrolled - 364 - LRB103 36303 SPS 66401 b
1		the Committee to represent provider, advocacy, policy
2		research, and other constituencies committed to the delivery
3		of high quality home and community-based services to older
4		adults. Representatives shall be appointed to ensure
5		representation from community care providers, including, but
6		not limited to, adult day service providers, homemaker
7		providers, case coordination and case management units,
8		emergency home response providers, statewide trade or labor
9		unions that represent home care aides and direct care staff,
10		area agencies on aging, adults over age 60, membership
11		organizations representing older adults, and other
12		organizational entities, providers of care, or individuals
13		with demonstrated interest and expertise in the field of home
14		and community care as determined by the Director.
15		Nominations may be presented from any agency or State
16		association with interest in the program. The Director, or his
17		or her designee, shall serve as the permanent co-chair of the
18		advisory committee. One other co-chair shall be nominated and
19		approved by the members of the committee on an annual basis.
20		Committee members' terms of appointment shall be for 4 years
21		with one-quarter of the appointees' terms expiring each year.
22		A member shall continue to serve until his or her replacement
23		is named. The Department shall fill vacancies that have a
24		remaining term of over one year, and this replacement shall
25		occur through the annual replacement of expiring terms. The
26		Director shall designate Department staff to provide technical

HB4959 Enrolled - 365 - LRB103 36303 SPS 66401 b
1		assistance and staff support to the committee. Department
2		representation shall not constitute membership of the
3		committee. All Committee papers, issues, recommendations,
4		reports, and meeting memoranda are advisory only. The
5		Director, or his or her designee, shall make a written report,
6		as requested by the Committee, regarding issues before the
7		Committee.
8		The Department on Aging and the Department of Human
9		Services shall cooperate in the development and submission of
10		an annual report on programs and services provided under this
11		Section. Such joint report shall be filed with the Governor
12		and the General Assembly on or before March 31 of the following
13		fiscal year.
14		The requirement for reporting to the General Assembly
15		shall be satisfied by filing copies of the report as required
16		by Section 3.1 of the General Assembly Organization Act and
17		filing such additional copies with the State Government Report
18		Distribution Center for the General Assembly as is required
19		under paragraph (t) of Section 7 of the State Library Act.
20		Those persons previously found eligible for receiving
21		non-institutional services whose services were discontinued
22		under the Emergency Budget Act of Fiscal Year 1992, and who do
23		not meet the eligibility standards in effect on or after July
24		1, 1992, shall remain ineligible on and after July 1, 1992.
25		Those persons previously not required to cost-share and who
26		were required to cost-share effective March 1, 1992, shall

HB4959 Enrolled - 366 - LRB103 36303 SPS 66401 b
1		continue to meet cost-share requirements on and after July 1,
2		1992. Beginning July 1, 1992, all clients will be required to
3		meet eligibility, cost-share, and other requirements and will
4		have services discontinued or altered when they fail to meet
5		these requirements.
6		For the purposes of this Section, "flexible senior
7		services" refers to services that require one-time or periodic
8		expenditures, including, but not limited to, respite care,
9		home modification, assistive technology, housing assistance,
10		and transportation.
11		The Department shall implement an electronic service
12		verification based on global positioning systems or other
13		cost-effective technology for the Community Care Program no
14		later than January 1, 2014.
15		The Department shall require, as a condition of
16		eligibility, enrollment in the medical assistance program
17		under Article V of the Illinois Public Aid Code (i) beginning
18		August 1, 2013, if the Auditor General has reported that the
19		Department has failed to comply with the reporting
20		requirements of Section 2-27 of the Illinois State Auditing
21		Act; or (ii) beginning June 1, 2014, if the Auditor General has
22		reported that the Department has not undertaken the required
23		actions listed in the report required by subsection (a) of
24		Section 2-27 of the Illinois State Auditing Act.
25		The Department shall delay Community Care Program services
26		until an applicant is determined eligible for medical

HB4959 Enrolled - 367 - LRB103 36303 SPS 66401 b
1		assistance under Article V of the Illinois Public Aid Code (i)
2		beginning August 1, 2013, if the Auditor General has reported
3		that the Department has failed to comply with the reporting
4		requirements of Section 2-27 of the Illinois State Auditing
5		Act; or (ii) beginning June 1, 2014, if the Auditor General has
6		reported that the Department has not undertaken the required
7		actions listed in the report required by subsection (a) of
8		Section 2-27 of the Illinois State Auditing Act.
9		The Department shall implement co-payments for the
10		Community Care Program at the federally allowable maximum
11		level (i) beginning August 1, 2013, if the Auditor General has
12		reported that the Department has failed to comply with the
13		reporting requirements of Section 2-27 of the Illinois State
14		Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
15		General has reported that the Department has not undertaken
16		the required actions listed in the report required by
17		subsection (a) of Section 2-27 of the Illinois State Auditing
18		Act.
19		The Department shall continue to provide other Community
20		Care Program reports as required by statute.
21		The Department shall conduct a quarterly review of Care
22		Coordination Unit performance and adherence to service
23		guidelines. The quarterly review shall be reported to the
24		Speaker of the House of Representatives, the Minority Leader
25		of the House of Representatives, the President of the Senate,
26		and the Minority Leader of the Senate. The Department shall

HB4959 Enrolled - 368 - LRB103 36303 SPS 66401 b
1		collect and report longitudinal data on the performance of
2		each care coordination unit. Nothing in this paragraph shall
3		be construed to require the Department to identify specific
4		care coordination units.
5		In regard to community care providers, failure to comply
6		with Department on Aging policies shall be cause for
7		disciplinary action, including, but not limited to,
8		disqualification from serving Community Care Program clients.
9		Each provider, upon submission of any bill or invoice to the
10		Department for payment for services rendered, shall include a
11		notarized statement, under penalty of perjury pursuant to
12		Section 1-109 of the Code of Civil Procedure, that the
13		provider has complied with all Department policies.
14		The Director of the Department on Aging shall make
15		information available to the State Board of Elections as may
16		be required by an agreement the State Board of Elections has
17		entered into with a multi-state voter registration list
18		maintenance system.
19		Within 30 days after July 6, 2017 (the effective date of
20		Public Act 100-23), rates shall be increased to $18.29 per
21		hour, for the purpose of increasing, by at least $.72 per hour,
22		the wages paid by those vendors to their employees who provide
23		homemaker services. The Department shall pay an enhanced rate
24		under the Community Care Program to those in-home service
25		provider agencies that offer health insurance coverage as a
26		benefit to their direct service worker employees consistent

HB4959 Enrolled - 369 - LRB103 36303 SPS 66401 b
1		with the mandates of Public Act 95-713. For State fiscal years
2		2018 and 2019, the enhanced rate shall be $1.77 per hour. The
3		rate shall be adjusted using actuarial analysis based on the
4		cost of care, but shall not be set below $1.77 per hour. The
5		Department shall adopt rules, including emergency rules under
6		subsections (y) and (bb) of Section 5-45 of the Illinois
7		Administrative Procedure Act, to implement the provisions of
8		this paragraph.
9		Subject to federal approval, beginning on January 1, 2024,
10		rates for adult day services shall be increased to $16.84 per
11		hour and rates for each way transportation services for adult
12		day services shall be increased to $12.44 per unit
13		transportation.
14		Subject to federal approval, on and after January 1, 2024,
15		rates for homemaker services shall be increased to $28.07 to
16		sustain a minimum wage of $17 per hour for direct service
17		workers. Rates in subsequent State fiscal years shall be no
18		lower than the rates put into effect upon federal approval.
19		Providers of in-home services shall be required to certify to
20		the Department that they remain in compliance with the
21		mandated wage increase for direct service workers. Fringe
22		benefits, including, but not limited to, paid time off and
23		payment for training, health insurance, travel, or
24		transportation, shall not be reduced in relation to the rate
25		increases described in this paragraph.
26		Subject to and upon federal approval, on and after January

HB4959 Enrolled - 370 - LRB103 36303 SPS 66401 b
1		1, 2025, rates for homemaker services shall be increased to
2		$29.63 to sustain a minimum wage of $18 per hour for direct
3		service workers. Rates in subsequent State fiscal years shall
4		be no lower than the rates put into effect upon federal
5		approval. Providers of in-home services shall be required to
6		certify to the Department that they remain in compliance with
7		the mandated wage increase for direct service workers. Fringe
8		benefits, including, but not limited to, paid time off and
9		payment for training, health insurance, travel, or
10		transportation, shall not be reduced in relation to the rate
11		increases described in this paragraph.
12		The General Assembly finds it necessary to authorize an
13		aggressive Medicaid enrollment initiative designed to maximize
14		federal Medicaid funding for the Community Care Program which
15		produces significant savings for the State of Illinois. The
16		Department on Aging shall establish and implement a Community
17		Care Program Medicaid Initiative. Under the Initiative, the
18		Department on Aging shall, at a minimum: (i) provide an
19		enhanced rate to adequately compensate care coordination units
20		to enroll eligible Community Care Program clients into
21		Medicaid; (ii) use recommendations from a stakeholder
22		committee on how best to implement the Initiative; and (iii)
23		establish requirements for State agencies to make enrollment
24		in the State's Medical Assistance program easier for seniors.
25		The Community Care Program Medicaid Enrollment Oversight
26		Subcommittee is created as a subcommittee of the Older Adult

HB4959 Enrolled - 371 - LRB103 36303 SPS 66401 b
1		Services Advisory Committee established in Section 35 of the
2		Older Adult Services Act to make recommendations on how best
3		to increase the number of medical assistance recipients who
4		are enrolled in the Community Care Program. The Subcommittee
5		shall consist of all of the following persons who must be
6		appointed within 30 days after June 4, 2018 (the effective
7		date of Public Act 100-587) this amendatory Act of the 100th
8		General Assembly:
9		(1) The Director of Aging, or his or her designee, who
10		shall serve as the chairperson of the Subcommittee.
11		(2) One representative of the Department of Healthcare
12		and Family Services, appointed by the Director of
13		Healthcare and Family Services.
14		(3) One representative of the Department of Human
15		Services, appointed by the Secretary of Human Services.
16		(4) One individual representing a care coordination
17		unit, appointed by the Director of Aging.
18		(5) One individual from a non-governmental statewide
19		organization that advocates for seniors, appointed by the
20		Director of Aging.
21		(6) One individual representing Area Agencies on
22		Aging, appointed by the Director of Aging.
23		(7) One individual from a statewide association
24		dedicated to Alzheimer's care, support, and research,
25		appointed by the Director of Aging.
26		(8) One individual from an organization that employs

HB4959 Enrolled - 372 - LRB103 36303 SPS 66401 b
1		persons who provide services under the Community Care
2		Program, appointed by the Director of Aging.
3		(9) One member of a trade or labor union representing
4		persons who provide services under the Community Care
5		Program, appointed by the Director of Aging.
6		(10) One member of the Senate, who shall serve as
7		co-chairperson, appointed by the President of the Senate.
8		(11) One member of the Senate, who shall serve as
9		co-chairperson, appointed by the Minority Leader of the
10		Senate.
11		(12) One member of the House of Representatives, who
12		shall serve as co-chairperson, appointed by the Speaker of
13		the House of Representatives.
14		(13) One member of the House of Representatives, who
15		shall serve as co-chairperson, appointed by the Minority
16		Leader of the House of Representatives.
17		(14) One individual appointed by a labor organization
18		representing frontline employees at the Department of
19		Human Services.
20		The Subcommittee shall provide oversight to the Community
21		Care Program Medicaid Initiative and shall meet quarterly. At
22		each Subcommittee meeting the Department on Aging shall
23		provide the following data sets to the Subcommittee: (A) the
24		number of Illinois residents, categorized by planning and
25		service area, who are receiving services under the Community
26		Care Program and are enrolled in the State's Medical

HB4959 Enrolled - 373 - LRB103 36303 SPS 66401 b
1		Assistance Program; (B) the number of Illinois residents,
2		categorized by planning and service area, who are receiving
3		services under the Community Care Program, but are not
4		enrolled in the State's Medical Assistance Program; and (C)
5		the number of Illinois residents, categorized by planning and
6		service area, who are receiving services under the Community
7		Care Program and are eligible for benefits under the State's
8		Medical Assistance Program, but are not enrolled in the
9		State's Medical Assistance Program. In addition to this data,
10		the Department on Aging shall provide the Subcommittee with
11		plans on how the Department on Aging will reduce the number of
12		Illinois residents who are not enrolled in the State's Medical
13		Assistance Program but who are eligible for medical assistance
14		benefits. The Department on Aging shall enroll in the State's
15		Medical Assistance Program those Illinois residents who
16		receive services under the Community Care Program and are
17		eligible for medical assistance benefits but are not enrolled
18		in the State's Medicaid Assistance Program. The data provided
19		to the Subcommittee shall be made available to the public via
20		the Department on Aging's website.
21		The Department on Aging, with the involvement of the
22		Subcommittee, shall collaborate with the Department of Human
23		Services and the Department of Healthcare and Family Services
24		on how best to achieve the responsibilities of the Community
25		Care Program Medicaid Initiative.
26		The Department on Aging, the Department of Human Services,

HB4959 Enrolled - 374 - LRB103 36303 SPS 66401 b
1		and the Department of Healthcare and Family Services shall
2		coordinate and implement a streamlined process for seniors to
3		access benefits under the State's Medical Assistance Program.
4		The Subcommittee shall collaborate with the Department of
5		Human Services on the adoption of a uniform application
6		submission process. The Department of Human Services and any
7		other State agency involved with processing the medical
8		assistance application of any person enrolled in the Community
9		Care Program shall include the appropriate care coordination
10		unit in all communications related to the determination or
11		status of the application.
12		The Community Care Program Medicaid Initiative shall
13		provide targeted funding to care coordination units to help
14		seniors complete their applications for medical assistance
15		benefits. On and after July 1, 2019, care coordination units
16		shall receive no less than $200 per completed application,
17		which rate may be included in a bundled rate for initial intake
18		services when Medicaid application assistance is provided in
19		conjunction with the initial intake process for new program
20		participants.
21		The Community Care Program Medicaid Initiative shall cease
22		operation 5 years after June 4, 2018 (the effective date of
23		Public Act 100-587) this amendatory Act of the 100th General
24		Assembly, after which the Subcommittee shall dissolve.
25		Effective July 1, 2023, subject to federal approval, the
26		Department on Aging shall reimburse Care Coordination Units at

HB4959 Enrolled - 375 - LRB103 36303 SPS 66401 b
1		the following rates for case management services: $252.40 for
2		each initial assessment; $366.40 for each initial assessment
3		with translation; $229.68 for each redetermination assessment;
4		$313.68 for each redetermination assessment with translation;
5		$200.00 for each completed application for medical assistance
6		benefits; $132.26 for each face-to-face, choices-for-care
7		screening; $168.26 for each face-to-face, choices-for-care
8		screening with translation; $124.56 for each 6-month,
9		face-to-face visit; $132.00 for each MCO participant
10		eligibility determination; and $157.00 for each MCO
11		participant eligibility determination with translation.
12		(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
13		103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
14		Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
15		Section 90-5, eff. 1-1-24; revised 12-12-23.)
16		Article 25.
17		Section 25-1. Short title. This Act may be cited as the
18		Illinois Caregiver Assistance and Resource Portal Act. As used
19		in this Article, "this Act" refers to this Article.
20		Section 25-5. Purpose and intent. The purpose of this Act
21		is to establish a State-created virtual portal that features a
22		virtual comprehensive directory of State, federal, non-profit,
23		and paid resources dedicated to caregiving and Illinois'

HB4959 Enrolled - 376 - LRB103 36303 SPS 66401 b
1		1,300,000 unpaid caregivers. The mission of this portal is to
2		provide caregivers with simplified and trusted access to an
3		information, support, and resource website to help caregivers
4		develop and implement caregiving plans for their loved ones or
5		friends.
6		Section 25-10. Establishment of the Illinois Caregiver
7		Assistance and Resources Portal.
8		(a) The Department on Aging, in consultation with the
9		Department of Healthcare and Family Services, the Department
10		of Public Health, and the Department of Veterans' Affairs,
11		shall be responsible for the creation and maintenance of the
12		Illinois Caregiver Assistance and Resource Portal (hereinafter
13		referred to as the "Portal").
14		(b) The Portal shall serve as a centralized and trusted
15		online platform offering a wide range of resources related to
16		caregiving, including, but not limited to:
17		(1) Information on State and federal programs,
18		benefits, and resources on caregiving, long-term care, and
19		at-home care for Illinois residents who are 50 years of
20		age or older.
21		(2) Information from non-profit organizations
22		providing free-of-charge caregiving support and resources.
23		(3) Tools and guides for developing and implementing
24		caregiving plans.
25		(4) Direct contact information for relevant Illinois

HB4959 Enrolled - 377 - LRB103 36303 SPS 66401 b
1		agencies, organizations, and other State-licensed
2		long-term care, aging, senior support services, and
3		at-home care providers.
4		(5) Educational materials, articles, and videos on
5		caregiving best practices.
6		(6) Accommodations for users with different language
7		preferences, ensuring the information is accessible to
8		diverse audiences.
9		(c) By incorporating these resources, the Portal aims to
10		serve as a comprehensive and user-friendly hub for caregivers,
11		providing them with the tools, information, and support they
12		need to navigate the complex landscape of caregiving, nursing
13		home care, and at-home care and other essential resources that
14		are readily accessible. Additional information and resources
15		to be featured may include the following:
16		(1) Caregiving resources: A comprehensive section
17		dedicated to caregiving, including guides, articles, and
18		videos on caregiving techniques, managing caregiver
19		stress, and enhancing the quality of care provided.
20		(2) Home and community-based services: Resources,
21		descriptions, and opportunities on how the State supports
22		family caregivers, to include, but not be limited to, the
23		Senior HelpLine, Illinois Care Connections, the Community
24		Care Program, Adult Protective Services, the Illinois
25		Long-Term Care Ombudsman, Adult Day Services, the Home
26		Delivered Meals program, and all other programming and

HB4959 Enrolled - 378 - LRB103 36303 SPS 66401 b
1		services offered by the Department on Aging.
2		(3) Nursing home care: State and federal information
3		and online resources on nursing homes, including facility
4		ratings, reviews, and resources for choosing the right
5		nursing home based on specific needs and preferences.
6		(4) Area Agency on Aging: A dedicated section
7		highlighting the services and programs offered by Area
8		Agencies on Aging, including, but not limited to,
9		assistance with long-term care planning, nutrition,
10		transportation, caregiver support and need assessment, and
11		the address and contact information of statewide Area
12		Agencies on Aging and Aging and Disability Resource
13		Centers.
14		(5) At-home care: Resources and guides for at-home
15		care, including information on hiring caregivers, managing
16		in-home medical and non-medical care, and ensuring a safe
17		and comfortable home environment.
18		(6) Hospital-to-home transition: A specialized section
19		focusing on the transition from hospital care to
20		home-based care, offering tips, checklists, and resources
21		to ensure a smooth transition and continued recovery at
22		home.
23		(7) Contact Information: Direct contact details for
24		relevant agencies, organizations, and State-licensed
25		professionals involved in caregiving, nursing home care,
26		and at-home care, making it easy for users to connect with

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1		the right resources.
2		(8) Medicaid coverage and resources: Information on
3		Medicaid coverage for long-term care services, eligibility
4		criteria, application procedures, and available
5		Medicaid-funded programs and services to support
6		caregivers and care recipients.
7		(9) Financial assistance: Details on financial
8		assistance programs and benefits available at the State
9		and federal levels, including grants, subsidies, and tax
10		incentives that can ease the financial burden of
11		caregiving.
12		(10) Veterans' assistance: Details on veterans'
13		assistance programs and benefits available at the State
14		and federal levels.
15		(11) Legal and planning Tools: Resources for legal
16		matters related to caregiving, such as power of attorney,
17		advance directives, and estate planning, and tools to help
18		users create and manage caregiving plans. Services offered
19		under this paragraph do not include the practice of law.
20		(12) Support groups: A directory of local caregiver
21		support groups and online communities where caregivers can
22		connect, share experiences, and receive emotional support.
23		Section 25-15. Accessibility and user-friendliness.
24		(a) The Portal shall be designed to be user-friendly and
25		accessible to individuals of all ages and abilities.

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1		(b) The Portal shall include features such as search
2		functionality, language accessibility, and compatibility with
3		assistive technologies to ensure that a diverse range of
4		caregivers can use it.
5		Section 25-20. Outreach and promotion.
6		(a) The Department on Aging, in consultation with the
7		Department of Healthcare and Family Services, the Department
8		of Public Health, the Department of Human Services, and the
9		Department of Veterans' Affairs, shall undertake an outreach
10		and promotional campaign to raise awareness about the Portal
11		and its resources upon completion.
12		(b) The campaign shall include a digital-first strategy to
13		inform health care providers, social service agencies, and
14		community organizations about the Portal's availability.
15		(c) The campaign shall coordinate with the State-wide
16		2-1-1 Service system administered under the 2-1-1 Service Act
17		in order to insure persons calling 2-1-1 telephone lines are
18		directed, when appropriate, to the Portal and reciprocally to
19		2-1-1.
20		Section 25-25. Reporting and evaluation. The Department on
21		Aging, in consultation with the Department of Healthcare and
22		Family Services, the Department of Public Health, and the
23		Department of Veterans' Affairs, shall provide an annual
24		report to the General Assembly and the Governor outlining the

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1		usage statistics, user feedback, and any necessary
2		improvements to the Portal.
3		Section 25-30. Funding. Funding for the creation,
4		maintenance, and promotion of the Portal shall be appropriated
5		from State funding and can be matched with possible federal
6		resources.
7		Section 25-35. Implementation date. The essential elements
8		of the Portal shall be listed online in 2025 and shall be fully
9		available by July 1, 2027.
10		Article 30.
11		Section 30-5. The Department of Revenue Law of the Civil
12		Administrative Code of Illinois is amended by changing Section
13		2505-810 as follows:
14		(20 ILCS 2505/2505-810)
15		Sec. 2505-810. Veterans Property Tax Relief Reimbursement
16		Pilot Program.
17		(a) Subject to appropriation, for State fiscal years that
18		begin on or after July 1, 2023 and before July 1, 2028, the
19		Department shall establish and administer a Veterans Property
20		Tax Relief Reimbursement Pilot Program. For purposes of the
21		Program, the Department shall reimburse eligible taxing

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1		districts, in an amount calculated under subsection (c), for
2		revenue loss associated with providing homestead exemptions to
3		veterans with disabilities. A taxing district is eligible for
4		reimbursement under this Section if (i) application of the
5		homestead exemptions for veterans with disabilities under
6		Sections 15-165 and 15-169 of the Property Tax Code results in
7		a cumulative reduction of more than 2.5% in the total
8		equalized assessed value of all taxable property in the taxing
9		district, when compared with the total equalized assessed
10		value of all taxable property in the taxing district prior to
11		the application of those exemptions, for the taxable year that
12		is 2 years before the start of the State fiscal year in which
13		the application for reimbursement is made and (ii) the taxing
14		district is located in whole or in part in a county that
15		contains a United States military base. Reimbursement payments
16		shall be made to the county that applies to the Department of
17		Revenue on behalf of the taxing district under subsection (b)
18		and shall be distributed by the county to the taxing district
19		as directed by the Department of Revenue.
20		(b) If the county clerk determines that one or more taxing
21		districts located in whole or in part in the county qualify for
22		reimbursement under this Section, then the county clerk shall
23		apply to the Department of Revenue on behalf of the taxing
24		district for reimbursement under this Section in the form and
25		manner required by the Department. The county clerk shall
26		consolidate applications submitted on behalf of more than one

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1		taxing district into a single application. The Department of
2		Revenue may audit the information submitted by the county
3		clerk as part of the application under this Section for the
4		purpose of verifying the accuracy of that information.
5		(c) Subject to the maximum aggregate reimbursement amount
6		set forth in this subsection, the amount of the reimbursement
7		shall be as follows:
8		(1) for reimbursements awarded for the fiscal year
9		that begins on July 1, 2023, 50% of the product generated
10		by multiplying 90% of the total dollar amount of
11		exemptions granted for taxable year 2021 under Section
12		15-165 or Section 15-169 of the Property Tax Code to
13		property located in the taxing district by the taxing
14		district's property tax rate for taxable year 2021; and
15		(2) for reimbursements awarded for fiscal years that
16		begin on or after July 1, 2024 and begin before July 1,
17		2028, 100% of the product generated by multiplying 90% of
18		the total dollar amount of exemptions granted for the base
19		year under Section 15-165 or Section 15-169 of the
20		Property Tax Code to property located in the taxing
21		district by the taxing district's property tax rate for
22		the base year.
23		The aggregate amount of reimbursements that may be awarded
24		under this Section for all taxing districts in any calendar
25		year may not exceed the lesser of $30,000,000 $15,000,000 or
26		the amount appropriated for the program for that calendar

HB4959 Enrolled - 384 - LRB103 36303 SPS 66401 b
1		year. If the total amount of eligible reimbursements under
2		this Section exceeds the lesser of $30,000,000 $15,000,000 or
3		the amount appropriated for the program for that calendar
4		year, then the reimbursement amount awarded to each particular
5		taxing district shall be reduced on a pro rata basis until the
6		aggregate amount of reimbursements awarded under this Section
7		for the calendar year does not exceed the lesser of
8		$30,000,000 $15,000,000 or the amount appropriated for the
9		program for the calendar year.
10		(d) The Department of Revenue may adopt rules necessary
11		for the implementation of this Section.
12		(e) As used in this Section:
13		"Base year" means the taxable year that is 2 years before
14		the start of the State fiscal year in which the application for
15		reimbursement is made.
16		"Taxable year" means the calendar year during which
17		property taxes payable in the next succeeding year are levied.
18		"Taxing district" has the meaning given to that term in
19		Section 1-150 of the Property Tax Code.
20		(Source: P.A. 103-8, eff. 6-7-23.)
21		Article 35.
22		Section 35-5. The Illinois Horse Racing Act of 1975 is
23		amended by changing Section 31 as follows:

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1		(230 ILCS 5/31) (from Ch. 8, par. 37-31)
2		Sec. 31. (a) The General Assembly declares that it is the
3		policy of this State to encourage the breeding of standardbred
4		horses in this State and the ownership of such horses by
5		residents of this State in order to provide for: sufficient
6		numbers of high quality standardbred horses to participate in
7		harness racing meetings in this State, and to establish and
8		preserve the agricultural and commercial benefits of such
9		breeding and racing industries to the State of Illinois. It is
10		the intent of the General Assembly to further this policy by
11		the provisions of this Section of this Act.
12		(b) Each organization licensee conducting a harness racing
13		meeting pursuant to this Act shall provide for at least two
14		races each race program limited to Illinois conceived and
15		foaled horses. A minimum of 6 races shall be conducted each
16		week limited to Illinois conceived and foaled horses. No
17		horses shall be permitted to start in such races unless duly
18		registered under the rules of the Department of Agriculture.
19		(b-5) Organization licensees, not including the Illinois
20		State Fair or the DuQuoin State Fair, shall provide stake
21		races and early closer races for Illinois conceived and foaled
22		horses so that purses distributed for such races shall be no
23		less than 17% of total purses distributed for harness racing
24		in that calendar year in addition to any stakes payments and
25		starting fees contributed by horse owners.
26		(b-10) Each organization licensee conducting a harness

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1		racing meeting pursuant to this Act shall provide an owner
2		award to be paid from the purse account equal to 12% of the
3		amount earned by Illinois conceived and foaled horses
4		finishing in the first 3 positions in races that are not
5		restricted to Illinois conceived and foaled horses. The owner
6		awards shall not be paid on races below the $10,000 claiming
7		class.
8		(c) Conditions of races under subsection (b) shall be
9		commensurate with past performance, quality, and class of
10		Illinois conceived and foaled horses available. If, however,
11		sufficient competition cannot be had among horses of that
12		class on any day, the races may, with consent of the Board, be
13		eliminated for that day and substitute races provided.
14		(d) There is hereby created a special fund of the State
15		treasury Treasury to be known as the Illinois Standardbred
16		Breeders Fund. Beginning on June 28, 2019 (the effective date
17		of Public Act 101-31), the Illinois Standardbred Breeders Fund
18		shall become a non-appropriated trust fund held separate and
19		apart from State moneys. Expenditures from this Fund shall no
20		longer be subject to appropriation.
21		During the calendar year 1981, and each year thereafter,
22		except as provided in subsection (g) of Section 27 of this Act,
23		eight and one-half per cent of all the monies received by the
24		State as privilege taxes on harness racing meetings shall be
25		paid into the Illinois Standardbred Breeders Fund.
26		(e) Notwithstanding any provision of law to the contrary,

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1		amounts deposited into the Illinois Standardbred Breeders Fund
2		from revenues generated by gaming pursuant to an organization
3		gaming license issued under the Illinois Gambling Act after
4		June 28, 2019 (the effective date of Public Act 101-31) shall
5		be in addition to tax and fee amounts paid under this Section
6		for calendar year 2019 and thereafter. The Illinois
7		Standardbred Breeders Fund shall be administered by the
8		Department of Agriculture with the assistance and advice of
9		the Advisory Board created in subsection (f) of this Section.
10		(f) The Illinois Standardbred Breeders Fund Advisory Board
11		is hereby created. The Advisory Board shall consist of the
12		Director of the Department of Agriculture, who shall serve as
13		Chairman; the Superintendent of the Illinois State Fair; a
14		member of the Illinois Racing Board, designated by it; a
15		representative of the largest association of Illinois
16		standardbred owners and breeders, recommended by it; a
17		representative of a statewide association representing
18		agricultural fairs in Illinois, recommended by it, such
19		representative to be from a fair at which Illinois conceived
20		and foaled racing is conducted; a representative of the
21		organization licensees conducting harness racing meetings,
22		recommended by them; a representative of the Breeder's
23		Committee of the association representing the largest number
24		of standardbred owners, breeders, trainers, caretakers, and
25		drivers, recommended by it; and a representative of the
26		association representing the largest number of standardbred

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1		owners, breeders, trainers, caretakers, and drivers,
2		recommended by it. Advisory Board members shall serve for 2
3		years commencing January 1 of each odd numbered year. If
4		representatives of the largest association of Illinois
5		standardbred owners and breeders, a statewide association of
6		agricultural fairs in Illinois, the association representing
7		the largest number of standardbred owners, breeders, trainers,
8		caretakers, and drivers, a member of the Breeder's Committee
9		of the association representing the largest number of
10		standardbred owners, breeders, trainers, caretakers, and
11		drivers, and the organization licensees conducting harness
12		racing meetings have not been recommended by January 1 of each
13		odd numbered year, the Director of the Department of
14		Agriculture shall make an appointment for the organization
15		failing to so recommend a member of the Advisory Board.
16		Advisory Board members shall receive no compensation for their
17		services as members but shall be reimbursed for all actual and
18		necessary expenses and disbursements incurred in the execution
19		of their official duties.
20		(g) Monies expended from the Illinois Standardbred
21		Breeders Fund shall be expended by the Department of
22		Agriculture, with the assistance and advice of the Illinois
23		Standardbred Breeders Fund Advisory Board for the following
24		purposes only:
25		1. To provide purses for races limited to Illinois
26		conceived and foaled horses at the State Fair and the

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1		DuQuoin State Fair.
2		2. To provide purses for races limited to Illinois
3		conceived and foaled horses at county fairs.
4		3. To provide purse supplements for races limited to
5		Illinois conceived and foaled horses conducted by
6		associations conducting harness racing meetings.
7		4. No less than 75% of all monies in the Illinois
8		Standardbred Breeders Fund shall be expended for purses in
9		1, 2, and 3 as shown above.
10		5. In the discretion of the Department of Agriculture
11		to provide awards to harness breeders of Illinois
12		conceived and foaled horses which win races conducted by
13		organization licensees conducting harness racing meetings.
14		A breeder is the owner of a mare at the time of conception.
15		No more than 10% of all moneys transferred into the
16		Illinois Standardbred Breeders Fund shall be expended for
17		such harness breeders awards. No more than 25% of the
18		amount expended for harness breeders awards shall be
19		expended for expenses incurred in the administration of
20		such harness breeders awards.
21		6. To pay for the improvement of racing facilities
22		located at the State Fair and County fairs.
23		7. To pay the expenses incurred in the administration
24		of the Illinois Standardbred Breeders Fund.
25		8. To promote the sport of harness racing, including
26		grants up to a maximum of $7,500 per fair per year for

HB4959 Enrolled - 390 - LRB103 36303 SPS 66401 b
1		conducting pari-mutuel wagering during the advertised
2		dates of a county fair.
3		9. To pay up to $50,000 annually for the Department of
4		Agriculture to conduct drug testing at county fairs racing
5		standardbred horses.
6		(h) The Illinois Standardbred Breeders Fund is not subject
7		to administrative charges or chargebacks, including, but not
8		limited to, those authorized under Section 8h of the State
9		Finance Act.
10		(i) A sum equal to 13% of the first prize money of the
11		gross purse won by an Illinois conceived and foaled horse
12		shall be paid 50% by the organization licensee conducting the
13		horse race meeting to the breeder of such winning horse from
14		the organization licensee's account and 50% from the purse
15		account of the licensee. Such payment shall not reduce any
16		award to the owner of the horse or reduce the taxes payable
17		under this Act. Such payment shall be delivered by the
18		organization licensee at the end of each quarter.
19		(j) The Department of Agriculture shall, by rule, with the
20		assistance and advice of the Illinois Standardbred Breeders
21		Fund Advisory Board:
22		1. Qualify stallions for Illinois Standardbred
23		Breeders Fund breeding. Such stallion shall stand for
24		service at and within the State of Illinois at the time of
25		a foal's conception, and such stallion must not stand for
26		service at any place outside the State of Illinois during

HB4959 Enrolled - 391 - LRB103 36303 SPS 66401 b
1		that calendar year in which the foal is conceived.
2		However, on and after January 1, 2018, semen from an
3		Illinois stallion may be transported outside the State of
4		Illinois.
5		2. Provide for the registration of Illinois conceived
6		and foaled horses and no such horse shall compete in the
7		races limited to Illinois conceived and foaled horses
8		unless registered with the Department of Agriculture. The
9		Department of Agriculture may prescribe such forms as may
10		be necessary to determine the eligibility of such horses.
11		No person shall knowingly prepare or cause preparation of
12		an application for registration of such foals containing
13		false information. A mare (dam) must be in the State at
14		least 30 days prior to foaling or remain in the State at
15		least 30 days at the time of foaling. However, the
16		requirement that a mare (dam) must be in the State at least
17		30 days before foaling or remain in the State at least 30
18		days at the time of foaling shall not be in effect from
19		January 1, 2018 until January 1, 2022. Beginning with the
20		1996 breeding season and for foals of 1997 and thereafter,
21		a foal conceived by transported semen may be eligible for
22		Illinois conceived and foaled registration provided all
23		breeding and foaling requirements are met. The stallion
24		must be qualified for Illinois Standardbred Breeders Fund
25		breeding at the time of conception. The foal must be
26		dropped in Illinois and properly registered with the

HB4959 Enrolled - 392 - LRB103 36303 SPS 66401 b
1		Department of Agriculture in accordance with this Act.
2		However, from January 1, 2018 until January 1, 2022, the
3		requirement for a mare to be inseminated within the State
4		of Illinois and the requirement for a foal to be dropped in
5		Illinois are inapplicable.
6		3. Provide that at least a 5-day racing program shall
7		be conducted at the State Fair each year, unless an
8		alternate racing program is requested by the Illinois
9		Standardbred Breeders Fund Advisory Board, which program
10		shall include at least the following races limited to
11		Illinois conceived and foaled horses: (a) a 2-year-old
12		Trot and Pace, and Filly Division of each; (b) a
13		3-year-old Trot and Pace, and Filly Division of each; (c)
14		an aged Trot and Pace, and Mare Division of each.
15		4. Provide for the payment of nominating, sustaining,
16		and starting fees for races promoting the sport of harness
17		racing and for the races to be conducted at the State Fair
18		as provided in paragraph subsection (j) 3 of this
19		subsection Section provided that the nominating,
20		sustaining, and starting payment required from an entrant
21		shall not exceed 2% of the purse of such race. All
22		nominating, sustaining, and starting payments shall be
23		held for the benefit of entrants and shall be paid out as
24		part of the respective purses for such races. Nominating,
25		sustaining, and starting fees shall be held in trust
26		accounts for the purposes as set forth in this Act and in

HB4959 Enrolled - 393 - LRB103 36303 SPS 66401 b
1		accordance with Section 205-15 of the Department of
2		Agriculture Law.
3		5. Provide for the registration with the Department of
4		Agriculture of Colt Associations or county fairs desiring
5		to sponsor races at county fairs.
6		6. Provide for the promotion of producing standardbred
7		racehorses by providing a bonus award program for owners
8		of 2-year-old horses that win multiple major stakes races
9		that are limited to Illinois conceived and foaled horses.
10		(k) The Department of Agriculture, with the advice and
11		assistance of the Illinois Standardbred Breeders Fund Advisory
12		Board, may allocate monies for purse supplements for such
13		races. In determining whether to allocate money and the
14		amount, the Department of Agriculture shall consider factors,
15		including, but not limited to, the amount of money transferred
16		into the Illinois Standardbred Breeders Fund, the number of
17		races that may occur, and an organization licensee's purse
18		structure. The organization licensee shall notify the
19		Department of Agriculture of the conditions and minimum purses
20		for races limited to Illinois conceived and foaled horses to
21		be conducted by each organization licensee conducting a
22		harness racing meeting for which purse supplements have been
23		negotiated.
24		(l) All races held at county fairs and the State Fair which
25		receive funds from the Illinois Standardbred Breeders Fund
26		shall be conducted in accordance with the rules of the United

HB4959 Enrolled - 394 - LRB103 36303 SPS 66401 b
1		States Trotting Association unless otherwise modified by the
2		Department of Agriculture.
3		(m) At all standardbred race meetings held or conducted
4		under authority of a license granted by the Board, and at all
5		standardbred races held at county fairs which are approved by
6		the Department of Agriculture or at the Illinois or DuQuoin
7		State Fairs, no one shall jog, train, warm up, or drive a
8		standardbred horse unless he or she is wearing a protective
9		safety helmet, with the chin strap fastened and in place,
10		which meets the standards and requirements as set forth in the
11		1984 Standard for Protective Headgear for Use in Harness
12		Racing and Other Equestrian Sports published by the Snell
13		Memorial Foundation, or any standards and requirements for
14		headgear the Illinois Racing Board may approve. Any other
15		standards and requirements so approved by the Board shall
16		equal or exceed those published by the Snell Memorial
17		Foundation. Any equestrian helmet bearing the Snell label
18		shall be deemed to have met those standards and requirements.
19		(n) In addition to any other transfer that may be provided
20		for by law, as soon as practical after the effective date of
21		the changes made to this Section by this amendatory Act of the
22		103rd General Assembly, but no later than July 3, 2024 the
23		State Comptroller shall direct and the State Treasurer shall
24		transfer the sum of $2,000,000 from the Fair and Exposition
25		Fund to the Illinois Standardbred Breeders Fund.
26		(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;

HB4959 Enrolled - 395 - LRB103 36303 SPS 66401 b
1		103-8, eff. 6-7-23; revised 9-26-23.)
2		Article 40.
3		Section 40-5. The University of Illinois Act is amended by
4		adding Section 180 as follows:
5		(110 ILCS 305/180 new)
6		Sec. 180. Innovation center. The Board of Trustees,
7		directly or in cooperation with the University of Illinois at
8		Springfield Innovation Center partners, which shall consist of
9		other institutions of higher education, not-for-profit
10		organizations, businesses, and local governments, may finance,
11		design, construct, enlarge, improve, equip, complete, operate,
12		control, and manage a University of Illinois at Springfield
13		Innovation Center (UIS Innovation Center), which is a facility
14		or facilities dedicated to fostering and supporting innovation
15		in academics, entrepreneurship, workforce development, policy
16		development, and non-profit or philanthropic activities.
17		Notwithstanding any other provision of law, the UIS Innovation
18		Center (1) may be located on land owned by the Board of
19		Trustees or a University of Illinois at Springfield Innovation
20		Center partner; and (2) shall have costs incurred in
21		connection with the design, construction, enlargement,
22		improvement, equipping, and completion of the business
23		incubation and innovation facilities paid with funds

HB4959 Enrolled - 396 - LRB103 36303 SPS 66401 b
1		appropriated to the Capital Development Board from the Build
2		Illinois Bond Fund for a grant to the Board of Trustees for the
3		UIS Innovation Center. If the UIS Innovation Center is located
4		on land owned by a University of Illinois at Springfield
5		Innovation Center partner, the Board of Trustees must have an
6		ownership interest in the facility or facilities or a portion
7		thereof. An ownership interest shall bear a reasonable
8		relationship to the proportional share of the costs paid by
9		such grant funds for a term equal to at least the useful life
10		of the innovation facilities.
11		Article 45.
12		Section 45-5. The Childhood Hunger Relief Act is amended
13		by changing Section 15 and by adding Section 18 as follows:
14		(105 ILCS 126/15)
15		Sec. 15. School breakfast program.
16		(a) The board of education of each school district in this
17		State shall implement and operate a school breakfast program
18		in the next school year, if a breakfast program does not
19		currently exist, in accordance with federal guidelines in each
20		school building within its district in which at least 40% or
21		more of the students are eligible for free or reduced-price
22		lunches based upon the current year's October claim (for those
23		schools that participate in the National School Lunch Program)

HB4959 Enrolled - 397 - LRB103 36303 SPS 66401 b
1		or in which at least 40% or more of the students are classified
2		as low-income according to the Fall Housing Data from the
3		previous year (for those schools that do not participate in
4		the National School Lunch Program).
5		(b) School districts may charge students who do not meet
6		federal criteria for free school meals for the breakfasts
7		served to these students within the allowable limits set by
8		federal regulations.
9		(c) School breakfast programs established under this
10		Section shall be supported entirely by federal funds and
11		commodities, charges to students and other participants, and
12		other available State and local resources, including under the
13		School Breakfast and Lunch Program Act. Allowable costs for
14		reimbursement to school districts, in accordance with the
15		United States Department of Agriculture, include compensation
16		of employees for the time devoted and identified specifically
17		to implement the school breakfast program; the cost of
18		materials acquired, consumed, or expended specifically to
19		implement the school breakfast program; equipment and other
20		approved capital expenditures necessary to implement the
21		school breakfast program; and transportation expenses incurred
22		specifically to implement and operate the school breakfast
23		program.
24		(d) A school district shall be allowed to opt out a school
25		or schools from the school breakfast program requirement of
26		this Section if it is determined that, due to circumstances

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1		specific to that school district, the expense reimbursement
2		would not fully cover the costs of implementing and operating
3		a school breakfast program. The school district shall petition
4		its regional superintendent of schools by February 15 of each
5		year to request to be exempt from operating the school
6		breakfast program in the school or schools in the next school
7		year. The petition shall include all legitimate costs
8		associated with implementing and operating a school breakfast
9		program, the estimated reimbursement from State and federal
10		sources, and any unique circumstances the school district can
11		verify that exist that would cause the implementation and
12		operation of such a program to be cost prohibitive.
13		The regional superintendent of schools shall review the
14		petition. In accordance with the Open Meetings Act, he or she
15		shall convene a public hearing to hear testimony from the
16		school district and interested community members. The regional
17		superintendent shall, by March 15 of each year, inform the
18		school district of his or her decision, along with the reasons
19		why the exemption was granted or denied, in writing. The
20		regional superintendent must also send notification to the
21		State Board of Education detailing which schools requested an
22		exemption and the results. If the regional superintendent
23		grants an exemption to the school district, then the school
24		district is relieved from the requirement to establish and
25		implement a school breakfast program in the school or schools
26		granted an exemption for the next school year.

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1		If the regional superintendent of schools does not grant
2		an exemption, then the school district shall implement and
3		operate a school breakfast program in accordance with this
4		Section by the first student attendance day of the next school
5		year. However, the school district or a resident of the school
6		district may by April 15 appeal the decision of the regional
7		superintendent to the State Superintendent of Education. The
8		State Superintendent shall hear appeals on the decisions of
9		regional superintendents of schools no later than May 15 of
10		each year. The State Superintendent shall make a final
11		decision at the conclusion of the hearing on the school
12		district's request for an exemption from the school breakfast
13		program requirement. If the State Superintendent grants an
14		exemption, then the school district is relieved from the
15		requirement to implement and operate a school breakfast
16		program in the school or schools granted an exemption for the
17		next school year. If the State Superintendent does not grant
18		an exemption, then the school district shall implement and
19		operate a school breakfast program in accordance with this
20		Section by the first student attendance day of the next school
21		year.
22		A school district may not attempt to opt out a school or
23		schools from the school breakfast program requirement of this
24		Section by requesting a waiver under Section 2-3.25g of the
25		School Code.
26		(e) For all schools operating a school breakfast program,

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1		the State Board of Education shall collect information about
2		whether the school is operating a breakfast after the bell
3		program under Section 16 and, if so, what breakfast after the
4		bell model the school operates, including breakfast in the
5		classroom, second chance breakfast, and grab and go breakfast.
6		The State Board of Education shall make this data publicly
7		available annually.
8		(Source: P.A. 96-158, eff. 8-7-09.)
9		(105 ILCS 126/18 new)
10		Sec. 18. Breakfast after the bell grant program.
11		(a) Subject to appropriation, the State Board of Education
12		shall award grants of up to $7,000 per school site on a
13		competitive basis to eligible schools, school districts, or
14		entities approved by the State Board of Education for
15		nonrecurring expenses incurred in initiating a school
16		breakfast program under Section 16.
17		Grants awarded under this Section shall be used for
18		nonrecurring costs of initiating a breakfast after the bell
19		program, including, but not limited to, the acquisition of
20		equipment, training of staff in new capacities, outreach
21		efforts to publicize new or expanded school breakfast
22		programs, minor alterations to accommodate new equipment,
23		computer point-of-service systems for food service, and the
24		purchase of vehicles for transporting food to schools.
25		(b) In making grant awards under this Section, the State

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1		Board of Education shall give a preference to grant applicants
2		that do all of the following:
3		(1) Submit to the State Board of Education a plan to
4		start or expand school breakfast programs in the school
5		district or the educational service region, including a
6		description of the following:
7		(A) a description of each eligible school site's
8		breakfast program under Section 16, including which
9		school and school district stakeholders have been
10		engaged in the development of the program, including
11		but not limited to superintendent, principal, business
12		manager, school food service personnel, school nurse,
13		teachers, and janitorial staff;
14		(B) a budget outlining the nonrecurring expenses
15		needed to initiate a program at each school site; and
16		(C) any public or private resources that have been
17		assembled to carry out expansion of school breakfast
18		programs during the school year.
19		(2) Agree to operate a school breakfast program under
20		Section 16 for a period of not less than 3 school years.
21		(3) Have higher rates of free or reduced-price
22		eligible students.
23		Article 55.
24		Section 5-55. The State Finance Act is amended by adding

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1		Sections 5.1016 and 6z-142 as follows:
2		(30 ILCS 105/5.1016 new)
3		Sec. 5.1016. The Restore Fund.
4		(30 ILCS 105/6z-142 new)
5		Sec. 6z-142. The Restore Fund. The Restore Fund is created
6		as a special fund in the State treasury. Subject to
7		appropriation, all moneys in the Fund shall be used by the
8		Illinois State Police and the Administrative Office of the
9		Illinois Courts for expenses directly related to the
10		development and implementation of an automated criminal record
11		sealing program.
12		Article 99.
13		Section 99-97. Severability. The provisions of this Act
14		are severable under Section 1.31 of the Statute on Statutes.