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1 | | adding Section 405-217 and by changing Section 405-293 as |
2 | | follows:
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3 | | (20 ILCS 405/405-217 new) |
4 | | Sec. 405-217. Site readiness work. |
5 | | (a) As used in this Section: |
6 | | "Site readiness work" means services relating to the |
7 | | abatement, remediation, or demolition of any kind of surplus |
8 | | real property. "Site readiness work" includes, but is not |
9 | | limited to, work to prepare surveys, abstracts of title, or |
10 | | commitments for title insurance; environmental reports; |
11 | | property condition reports; or any other materials the |
12 | | Department may, in its reasonable discretion, deem necessary |
13 | | to demonstrate good and marketable title in and the existing |
14 | | conditions or characteristics of the surplus real property. |
15 | | "Surplus real property" has the meaning given to that term |
16 | | in Section 7.1 of the State Property Control Act. |
17 | | (b) The Department shall have all powers, duties, rights, |
18 | | and responsibilities relating to the procurement of site |
19 | | readiness work for surplus real property. The Department may |
20 | | enter into any agreements and execute any documents necessary |
21 | | or desirable to exercise the authority granted by this Section |
22 | | and may accept assignment of contracts entered into by other |
23 | | State agencies for site readiness work. |
24 | | (c) The Department may adopt rules necessary or desirable |
25 | | to exercise the authority granted by this Section.
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1 | | (20 ILCS 405/405-293) |
2 | | Sec. 405-293. Professional Services. |
3 | | (a) The Department of Central Management Services (the |
4 | | "Department") is responsible for providing professional |
5 | | services for or on behalf of State agencies for all functions |
6 | | transferred to the Department by Executive Order No. 2003-10 |
7 | | (as modified by Section 5.5 of the Executive Reorganization |
8 | | Implementation Act) and may, with the approval of the |
9 | | Governor, provide additional services to or on behalf of State |
10 | | agencies. To the extent not compensated by direct fund |
11 | | transfers, the Department shall be reimbursed from each State |
12 | | agency receiving the benefit of these services. The |
13 | | reimbursement shall be determined by the Director of Central |
14 | | Management Services as the amount required to reimburse the |
15 | | Professional Services Fund for the Department's costs of |
16 | | rendering the professional services on behalf of that State |
17 | | agency. For purposes of this Section, funds due the Department |
18 | | for professional services may be reimbursed made through |
19 | | appropriations to the Department from the General Revenue |
20 | | Fund, as determined by and provided for by the General |
21 | | Assembly. |
22 | | (a-5) The Department of Central Management Services may |
23 | | provide professional services and other services as authorized |
24 | | by subsection (a) for or on behalf of other State entities with |
25 | | the approval of both the Director of Central Management |
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1 | | Services and the appropriate official or governing body of the |
2 | | other State entity. |
3 | | (a-10) To the extent not compensated by direct fund |
4 | | transfers, the Executive Ethics Commission, the Chief |
5 | | Procurement Officer appointed under paragraph (4) of |
6 | | subsection (a) of Section 10-20 of the Illinois Procurement |
7 | | Code, and the Commission on Equity and Inclusion shall be |
8 | | reimbursed by each State agency that receives the benefit of |
9 | | professional services that are provided by the Executive |
10 | | Ethics Commission, the Chief Procurement Officer, or the |
11 | | Commission on Equity and Inclusion and that were previously |
12 | | rendered by the Department. The Department shall coordinate |
13 | | with the Executive Ethics Commission, the Chief Procurement |
14 | | Officer, and the Commission on Equity and Inclusion, as |
15 | | applicable, in determining reimbursement amounts for transfer |
16 | | into the Professional Services Fund as provided in subsection |
17 | | (a). |
18 | | (b) For the purposes of this Section, "State agency" means |
19 | | each State agency, department, board, and commission directly |
20 | | responsible to the Governor. "Professional services" means |
21 | | legal services, internal audit services, and other services as |
22 | | approved by the Governor. "Other State entity" means the |
23 | | Illinois State Board of Education and the Illinois State Toll |
24 | | Highway Authority. |
25 | | (Source: P.A. 103-8, eff. 6-7-23.)
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1 | | Section 5-10. The Department of Commerce and Economic |
2 | | Opportunity Law of the Civil Administrative Code of Illinois |
3 | | is amended by changing Sections 605-515 and 605-1055 as |
4 | | follows:
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5 | | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a) |
6 | | Sec. 605-515. Environmental Regulatory Assistance Program. |
7 | | (a) In this Section, except where the context clearly |
8 | | requires otherwise, "small business stationary source" means a |
9 | | business that is owned or operated by a person that employs 100 |
10 | | or fewer individuals; is a small business; is not a major |
11 | | stationary source as defined in Titles I and III of the federal |
12 | | 1990 Clean Air Act Amendments; does not emit 50 tons or more |
13 | | per year of any regulated pollutant (as defined under the |
14 | | federal Clean Air Act); and emits less than 75 tons per year of |
15 | | all regulated pollutants. |
16 | | (b) The Department may: |
17 | | (1) Provide access to technical and compliance |
18 | | information for Illinois firms, including small and middle |
19 | | market companies, to facilitate local business compliance |
20 | | with the federal, State, and local environmental |
21 | | regulations. |
22 | | (2) Coordinate and enter into cooperative agreements |
23 | | with a State ombudsman office, which shall be established |
24 | | in accordance with the federal 1990 Clean Air Act |
25 | | Amendments to provide direct oversight to the program |
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1 | | established under that Act. |
2 | | (3) Enter into contracts, cooperative agreements, and |
3 | | financing agreements and establish and collect charges and |
4 | | fees necessary or incidental to the performance of duties |
5 | | and the execution of powers under this Section. |
6 | | (4) Accept and expend, subject to appropriation, |
7 | | gifts, grants, awards, funds, contributions, charges, |
8 | | fees, and other financial or nonfinancial aid from |
9 | | federal, State, and local governmental agencies, |
10 | | businesses, educational agencies, not-for-profit |
11 | | organizations, and other entities, for the purposes of |
12 | | this Section. |
13 | | (5) Establish, staff, and administer programs and |
14 | | services and adopt such rules and regulations necessary to |
15 | | carry out the intent of this Section and Section 507, |
16 | | "Small Business Stationary Source Technical and |
17 | | Environmental Compliance Assistance Program", of the |
18 | | federal 1990 Clean Air Act Amendments. |
19 | | (c) The Department's environmental compliance programs and |
20 | | services for businesses may include, but need not be limited |
21 | | to, the following: |
22 | | (1) Communication and outreach services to or on |
23 | | behalf of individual companies, including collection and |
24 | | compilation of appropriate information on regulatory |
25 | | compliance issues and control technologies, and |
26 | | dissemination of that information through publications, |
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1 | | direct mailings, electronic communications, conferences, |
2 | | workshops, one-on-one counseling, and other means of |
3 | | technical assistance. |
4 | | (2) Provision of referrals and access to technical |
5 | | assistance, pollution prevention and facility audits, and |
6 | | otherwise serving as an information clearinghouse on |
7 | | pollution prevention through the coordination of the |
8 | | Illinois Sustainable Technology Center of the University |
9 | | of Illinois. In addition, environmental and regulatory |
10 | | compliance issues and techniques, which may include |
11 | | business rights and responsibilities, applicable |
12 | | permitting and compliance requirements, compliance methods |
13 | | and acceptable control technologies, release detection, |
14 | | and other applicable information may be provided. |
15 | | (3) Coordination with and provision of administrative |
16 | | and logistical support to the State Compliance Advisory |
17 | | Panel. |
18 | | (d) There is hereby created a special fund in the State |
19 | | Treasury to be known as the Small Business Environmental |
20 | | Assistance Fund. Monies received under subdivision (b)(4) of |
21 | | this Section shall be deposited into the Fund. |
22 | | Monies in the Small Business Environmental Assistance Fund |
23 | | may be used, subject to appropriation, only for the purposes |
24 | | authorized by this Section. On July 1, 2025, or as soon |
25 | | thereafter as practical, the State Comptroller shall direct |
26 | | and the State Treasurer shall transfer the remaining balance |
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1 | | from the Small Business Environmental Assistance Fund into the |
2 | | Clean Air Act Permit Fund. Upon completion of the transfer, |
3 | | the Small Business Environmental Assistance Fund is dissolved, |
4 | | and any future deposits due to that Fund and any outstanding |
5 | | obligations or liabilities of that Fund shall pass to the |
6 | | Clean Air Act Permit Fund. |
7 | | (e) Subject to appropriation, the Department may use |
8 | | moneys from the Clean Air Act Permit Fund for the purposes |
9 | | authorized by this Section. |
10 | | (Source: P.A. 103-588, eff. 6-5-24.)
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11 | | (20 ILCS 605/605-1055) |
12 | | Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program. |
13 | | (a) There is established the Illinois Small Business |
14 | | Innovation Research (SBIR) and Small Business Technology |
15 | | Transfer (STTR) Matching Funds Program to be administered by |
16 | | the Department. In order to foster job creation and economic |
17 | | development in the State, the Department may make grants to |
18 | | eligible businesses to match funds received by the business as |
19 | | an SBIR or STTR Phase I award and to encourage businesses to |
20 | | apply for Phase II awards. |
21 | | (b) In order to be eligible for a grant under this Section, |
22 | | a business must satisfy all of the following conditions: |
23 | | (1) The business must be a for-profit, Illinois-based |
24 | | business. For the purposes of this Section, an |
25 | | Illinois-based business is one that has its principal |
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1 | | place of business in this State; |
2 | | (2) The business must have received an SBIR/STTR Phase |
3 | | I award from a participating federal agency in response to |
4 | | a specific federal solicitation. To receive the full |
5 | | match, the business must also have submitted a final Phase |
6 | | I report, demonstrated that the sponsoring agency has |
7 | | interest in the Phase II proposal, and submitted a Phase |
8 | | II proposal to the agency. |
9 | | (3) The business must satisfy all federal SBIR/STTR |
10 | | requirements. |
11 | | (4) The business shall not receive concurrent funding |
12 | | support from other sources that duplicates the purpose of |
13 | | this Section. |
14 | | (5) The business must certify that at least 51% of the |
15 | | research described in the federal SBIR/STTR Phase II |
16 | | proposal will be conducted in this State and that the |
17 | | business will remain an Illinois-based business for the |
18 | | duration of the SBIR/STTR Phase II project. |
19 | | (6) The business must demonstrate its ability to |
20 | | conduct research in its SBIR/STTR Phase II proposal. |
21 | | (c) The Department may award grants to match the funds |
22 | | received by a business through an SBIR/STTR Phase I proposal |
23 | | up to a maximum of $75,000 $50,000 . Seventy-five percent of |
24 | | the total grant shall be remitted to the business upon receipt |
25 | | of the SBIR/STTR Phase I award and application for funds under |
26 | | this Section. Twenty-five percent of the total grant shall be |
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1 | | remitted to the business upon submission by the business of |
2 | | the Phase II application to the funding agency and acceptance |
3 | | of the Phase I report by the funding agency. A business may |
4 | | receive only one grant under this subsection Section per year. |
5 | | A business may receive only one grant under this subsection |
6 | | Section with respect to each federal proposal submission. Over |
7 | | its lifetime, a business may receive a maximum of 5 awards |
8 | | under this subsection Section . |
9 | | (c-5) The Department may, subject to appropriation, award |
10 | | grants to match the funds received by a business through an |
11 | | SBIR/STTR Phase II proposal up to a maximum of $250,000. Fifty |
12 | | percent of the total grant shall be remitted to the business |
13 | | upon receipt of the SBIR/STTR Phase II award and application |
14 | | for funds under this Section. Fifty percent of the total grant |
15 | | shall be remitted to the business upon submission by the |
16 | | business of the Phase II final report to the federal funding |
17 | | agency. A business may receive only one grant under this |
18 | | subsection per year. A business may receive only one grant |
19 | | under this subsection with respect to each federal proposal |
20 | | submission. Over its lifetime, a business may receive a |
21 | | maximum of 2 awards under this subsection. |
22 | | (d) A business shall apply, under oath, to the Department |
23 | | for a grant under this Section on a form prescribed by the |
24 | | Department that includes at least all of the following: |
25 | | (1) the name of the business, the form of business |
26 | | organization under which it is operated, and the names and |
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1 | | addresses of the principals or management of the business; |
2 | | (2) an acknowledgment of receipt of the Phase I report |
3 | | and Phase II proposal by the relevant federal agency; and |
4 | | (3) any other information necessary for the Department |
5 | | to evaluate the application. |
6 | | (Source: P.A. 101-657, eff. 3-23-21; 102-813, eff. 5-13-22.)
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7 | | Section 5-12. The Department of Natural Resources |
8 | | (Conservation) Law of the Civil Administrative Code of |
9 | | Illinois is amended by changing Section 805-305 as follows:
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10 | | (20 ILCS 805/805-305) (was 20 ILCS 805/63a23) |
11 | | Sec. 805-305. Campsites and housing facilities. |
12 | | (a) The Department has the power to provide facilities for |
13 | | overnight tent and trailer campsites and to provide suitable |
14 | | housing facilities for student and juvenile overnight camping |
15 | | groups. The Department of Natural Resources may regulate, by |
16 | | administrative order, the fees to be charged for tent and |
17 | | trailer camping units at individual park areas based upon the |
18 | | facilities available. |
19 | | (b) However, for campsites with access to showers or |
20 | | electricity, any Illinois resident who is age 62 or older or |
21 | | has a Class 2 disability as defined in Section 4A of the |
22 | | Illinois Identification Card Act shall be charged only |
23 | | one-half of the camping fee charged to the general public |
24 | | during the period Monday through Thursday of any week and |
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1 | | shall be charged the same camping fee as the general public on |
2 | | all other days. For campsites without access to showers or |
3 | | electricity, no camping fee authorized by this Section shall |
4 | | be charged to any resident of Illinois who has a Class 2 |
5 | | disability as defined in Section 4A of the Illinois |
6 | | Identification Card Act. For campsites without access to |
7 | | showers or electricity, no camping fee authorized by this |
8 | | Section shall be charged to any resident of Illinois who is age |
9 | | 62 or older for the use of a campsite unit during the period |
10 | | Monday through Thursday of any week. No camping fee authorized |
11 | | by this Section shall be charged to any resident of Illinois |
12 | | who is a veteran with a disability or a former prisoner of war, |
13 | | as defined in Section 5 of the Department of Veterans' Affairs |
14 | | Act. No camping fee authorized by this Section shall be |
15 | | charged to any resident of Illinois after returning from |
16 | | service abroad or mobilization by the President of the United |
17 | | States as an active duty member of the United States Armed |
18 | | Forces, the Illinois National Guard, or the Reserves of the |
19 | | United States Armed Forces for the amount of time that the |
20 | | active duty member spent in service abroad or mobilized if the |
21 | | person applies for a pass with the Department within 2 years |
22 | | after returning and provides acceptable verification of |
23 | | service or mobilization to the Department. Any portion of a |
24 | | year that the active duty member spent in service abroad or |
25 | | mobilized shall count as a full year. The procedure by which a |
26 | | person may provide to the Department verification of service |
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1 | | abroad or mobilization by the President of the United States |
2 | | shall be set by administrative rule. Nonresidents shall be |
3 | | charged the same fees as are authorized for the general public |
4 | | regardless of age. The Department shall provide by regulation |
5 | | for suitable proof of age, or either a valid driver's license |
6 | | or a "Golden Age Passport" issued by the federal government |
7 | | shall be acceptable as proof of age. The Department shall |
8 | | further provide by regulation that notice of these reduced |
9 | | admission fees be posted in a conspicuous place and manner. |
10 | | Reduced fees authorized in this Section shall not apply to |
11 | | any charge for utility service. |
12 | | For the purposes of this Section, "acceptable verification |
13 | | of service or mobilization" means official documentation from |
14 | | the Department of Defense or the appropriate Major Command |
15 | | showing mobilization dates or service abroad dates, including: |
16 | | (i) a DD-214, (ii) a letter from the Illinois Department of |
17 | | Military Affairs for members of the Illinois National Guard, |
18 | | (iii) a letter from the Regional Reserve Command for members |
19 | | of the Armed Forces Reserve, (iv) a letter from the Major |
20 | | Command covering Illinois for active duty members, (v) |
21 | | personnel records for mobilized State employees, and (vi) any |
22 | | other documentation that the Department, by administrative |
23 | | rule, deems acceptable to establish dates of mobilization or |
24 | | service abroad. |
25 | | For the purposes of this Section, the term "service |
26 | | abroad" means active duty service outside of the 50 United |
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1 | | States and the District of Columbia, and includes all active |
2 | | duty service in territories and possessions of the United |
3 | | States. |
4 | | (c) To promote State campground use and Illinois State |
5 | | Fair attendance , the Department shall have the authority to |
6 | | offer a coupon that allows for the waiver of one night of waive |
7 | | the camping fees with the purchase of at least one additional |
8 | | night of camping at any site that is owned, leased, or managed |
9 | | by the Department and that has camping facilities. The camping |
10 | | coupon shall be valid only for up to 2 nights of camping at Jim |
11 | | Edgar Panther Creek State Fish and Wildlife Area, Sangchris |
12 | | Lake State Park, or Lincoln's New Salem State Historic Site |
13 | | during the period from August 1, 2025 through December 31, |
14 | | 2025 11, 2024 to August 15, 202 4 for a camper who: |
15 | | (1) is 18 years of age or older; and |
16 | | (2) complies with the written requirements that are |
17 | | published by the Department, located on the coupon, and |
18 | | set forth in this subsection (c). provides proof of having |
19 | | purchased, between June 26, 2024 and July 3, 2024, a |
20 | | season admission ticket booklet from the Department of |
21 | | Agriculture for entry into the 2024 Illinois State Fair in |
22 | | Springfield; and |
23 | | (3) requests the camping fee waiver in person at the |
24 | | time of permit issuance at the State campground. |
25 | | The coupons issued pursuant to waivers under this |
26 | | subsection (c) shall be available granted on a first-come, |
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1 | | first-served basis as advertised by the Department or for |
2 | | those visiting Conservation World at the Illinois State Fair |
3 | | or the Department's booth at the DuQuoin State Fair and only |
4 | | while supplies last for each day of the Illinois State Fair and |
5 | | the DuQuoin State Fair. The Department shall publicly announce |
6 | | on its website the number of coupons that will be available |
7 | | each day of the Illinois State Fair and the DuQuoin State Fair |
8 | | for a maximum of 40 sites at each of the 3 identified State |
9 | | campgrounds . Fees for utility service are not subject to |
10 | | waiver by the coupon . Coupons that are redeemed pursuant to |
11 | | Waivers under this subsection (c) are limited to a total of one |
12 | | night of free camping with the purchase of at least one |
13 | | additional night of camping. The free night of camping shall |
14 | | be applied to the final night of camping for a camping trip |
15 | | lasting at least 2 nights in length or longer one per camper . |
16 | | (Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.)
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17 | | Section 5-15. The Department of Human Services Act is |
18 | | amended by changing Section 80-45 as follows:
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19 | | (20 ILCS 1305/80-45) |
20 | | Sec. 80-45. Funding agent and administration. |
21 | | (a) The Department shall act as funding agent under the |
22 | | terms of the Illinois Affordable Housing Act and shall |
23 | | administer other appropriations for the use of the Illinois |
24 | | Housing Development Authority. |
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1 | | (b) The Department may enter into contracts, |
2 | | intergovernmental agreements, grants, cooperative agreements, |
3 | | memoranda of understanding, or other instruments with any |
4 | | federal, State, or local government agency as necessary to |
5 | | fulfill its role as funding agent in compliance with State and |
6 | | federal law. The Department and the Department of Revenue |
7 | | shall coordinate, in consultation with the Illinois Housing |
8 | | Development Authority, the transition of the funding agent |
9 | | role, including the transfer of any and all books, records, or |
10 | | documents, in whatever form stored, necessary to the |
11 | | Department's execution of the duties of the funding agent, and |
12 | | the Department may submit to the Governor's Office of |
13 | | Management and Budget requests for exception pursuant to |
14 | | Section 55 of the Grant Accountability and Transparency Act. |
15 | | Notwithstanding Section 5 of the Illinois Grant Funds Recovery |
16 | | Act, for State fiscal years 2023 and 2024 only, in order to |
17 | | accomplish the transition of the funding agent role to the |
18 | | Department, grant funds may be made available for expenditure |
19 | | by a grantee for a period of 3 years from the date the funds |
20 | | were distributed by the State. |
21 | | (c) Notwithstanding Section 5 of the Illinois Grant Funds |
22 | | Recovery Act, the Department of Human Services shall make |
23 | | grant funds available for expenditure by the Illinois Housing |
24 | | Development Authority beginning on the date the funds are |
25 | | distributed by the State. The Illinois Housing Development |
26 | | Authority is not required to expend or return grant funds |
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1 | | within the time period specified under Section 5 of the |
2 | | Illinois Grant Funds Recovery Act. |
3 | | (Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.)
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4 | | Section 5-20. The Military Code of Illinois is amended by |
5 | | adding Section 22-3.5 as follows:
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6 | | (20 ILCS 1805/22-3.5 new) |
7 | | Sec. 22-3.5. Capital improvements; facilities. Subject to |
8 | | appropriation, the Department may acquire real property for |
9 | | training or building sites, construct new facilities, |
10 | | rehabilitate existing facilities, maintain existing |
11 | | facilities, and make other capital improvements at Department |
12 | | facilities or property.
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13 | | Section 5-22. The Abraham Lincoln Presidential Library and |
14 | | Museum Act is amended by changing Sections 10, 30, and 40 as |
15 | | follows:
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16 | | (20 ILCS 3475/10) |
17 | | Sec. 10. Abraham Lincoln Presidential Library and Museum; |
18 | | establishment. |
19 | | (a) The Abraham Lincoln Presidential Library and Museum, |
20 | | formerly a constituent unit of the Illinois Historic |
21 | | Preservation Agency, is created as an independent State agency |
22 | | within the Executive Branch of State government. |
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1 | | (b) The Agency shall have control and custody of the |
2 | | Abraham Lincoln Presidential Library and Museum complex, |
3 | | including the Abraham Lincoln Presidential Library and Museum, |
4 | | the Abraham Lincoln Presidential Library and Museum's parking |
5 | | garage, Union Station, and Union Park, in Springfield. |
6 | | (c) The Agency shall be under the supervision and |
7 | | direction of the Executive Director of the Abraham Lincoln |
8 | | Presidential Library and Museum appointed under Section 30 |
9 | | shall be the chief executive officer and head of the Agency . |
10 | | (d) The Chief State Historical Officer appointed under |
11 | | Section 40 shall serve as an advisor to the Executive Director |
12 | | in preserving, interpreting, and promoting recognition of the |
13 | | life, impact, and legacy of President Abraham Lincoln. |
14 | | (Source: P.A. 100-120, eff. 8-18-17.)
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15 | | (20 ILCS 3475/30) |
16 | | Sec. 30. Administration of the Agency. The Executive |
17 | | Director shall be the chief executive officer and head of the |
18 | | Agency shall be under the supervision and direction of an |
19 | | Executive Director . The person serving on the effective date |
20 | | of this Act as Library Director, as defined in Section 33 of |
21 | | the Historic Preservation Act, shall become the inaugural |
22 | | Executive Director on the effective date of this Act and shall |
23 | | serve as Executive Director until the expiration of his |
24 | | then-current term as Library Director. Thereafter, the Board , |
25 | | based upon the recommendation of the Governor, shall appoint |
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1 | | the Executive Director with the advice and consent of the |
2 | | Senate. The Executive Director shall serve at the pleasure of |
3 | | the Board for a term commencing on the date of appointment |
4 | | until January 18, 2027, and until a successor has been |
5 | | appointed and qualified. Thereafter, the Executive Director's |
6 | | term shall be as provided in Section 5-610 of the Departments |
7 | | of State Government Law of the Civil Administrative Code of |
8 | | Illinois of 4 years . The Board may remove the Executive |
9 | | Director for incompetence, neglect of duty, or malfeasance. |
10 | | The Executive Director shall, subject to applicable provisions |
11 | | of law and consistent with the policies and advice of the |
12 | | Board , execute and discharge the powers and duties of the |
13 | | Agency. The Executive Director may make provision to establish |
14 | | and collect admission and registration fees, operate a gift |
15 | | shop, and publish and sell educational and informational |
16 | | materials. |
17 | | (Source: P.A. 102-985, eff. 1-1-23 .)
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18 | | (20 ILCS 3475/40) |
19 | | Sec. 40. Chief State Historical Officer Illinois State |
20 | | Historian ; appointment. |
21 | | (a) The Board Governor , in consultation with the Governor |
22 | | Board and the Illinois Historical Society, shall determine the |
23 | | qualifications of and appoint a Chief State Historical |
24 | | Officer, who shall report to and advise the Executive |
25 | | Director. the Illinois State Historian. |
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1 | | (b) The Chief State Historical Officer shall serve as the |
2 | | chief advocate for and spokesperson on the importance and |
3 | | value of Illinois history and shall advise the Executive |
4 | | Director in preserving, interpreting, and promoting |
5 | | recognition of the life, impact, and legacy of President |
6 | | Abraham Lincoln. The responsibilities of the Chief State |
7 | | Historical Officer shall include research, curation, and |
8 | | presentation on historical materials, artifacts, and |
9 | | narratives, ensuring that Lincoln's historical significance in |
10 | | the State and the nation is accurately documented and |
11 | | communicated to the public. The Chief State Historical Officer |
12 | | shall collaborate with other State agencies, educational |
13 | | institutions, museums, and historical societies to promote |
14 | | historical awareness of and education on Lincoln's influence |
15 | | on the State and the nation. The Illinois State Historian |
16 | | shall be appointed based on the recommendation from the |
17 | | Abraham Lincoln Presidential Library and Museum Board of |
18 | | Trustees who shall consult the Illinois State Historical |
19 | | Society. The Board in consultation with the Illinois State |
20 | | Historical Society shall develop qualifications for the |
21 | | Illinois State Historian to be approved by the Board no later |
22 | | than 120 days after the enactment of this amendatory Act of the |
23 | | 102nd General Assembly. |
24 | | (c) Qualifications for the Chief State Historical Officer |
25 | | Illinois State Historian must include expertise in the history |
26 | | of at least one underrepresented minority group in this State, |
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1 | | including, but not limited to: African-American history; |
2 | | Native American history; Latinx history; Asian-American |
3 | | history; and LGBTQIA history. |
4 | | (d) An individual designated as the Chief State Historical |
5 | | Officer shall retain Illinois State Historian retains the |
6 | | designation for 2 years from the date of appointment and the |
7 | | term is renewable only by the Board's Governor's appointment |
8 | | in consultation with the Governor and the Illinois State |
9 | | Historical Society for one additional consecutive 2-year term . |
10 | | (Source: P.A. 102-985, eff. 1-1-23 .)
|
11 | | Section 5-25. The Illinois Vehicle Hijacking and Motor |
12 | | Vehicle Theft Prevention and Insurance Verification Act is |
13 | | amended by changing Section 8.6 as follows:
|
14 | | (20 ILCS 4005/8.6) |
15 | | Sec. 8.6. Private passenger motor vehicle insurance. |
16 | | Before April 1 of each year, each insurer engaged in writing |
17 | | private passenger motor vehicle insurance coverage that is |
18 | | included in Class 2 and Class 3 of Section 4 of the Illinois |
19 | | Insurance Code, as a condition of its authority to transact |
20 | | business in this State, may collect and shall pay to the |
21 | | Department of Insurance an amount equal to $4, or a lesser |
22 | | amount determined by the Illinois Law Enforcement Training |
23 | | Standards Board by rule, multiplied by the insurer's total |
24 | | earned car years of private passenger motor vehicle insurance |
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| | 10400HB1075sam002 | - 22 - | LRB104 03072 JDS 27129 a |
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1 | | policies providing physical damage insurance coverage written |
2 | | in this State during the preceding calendar year. Through June |
3 | | 30, 2025, of Of the amounts collected under this Section, the |
4 | | Department of Insurance shall deposit 10% into the State |
5 | | Police Law Enforcement Administration Fund and 90% into the |
6 | | Law Enforcement Training Fund. Beginning July 1, 2025, of the |
7 | | amounts collected under this Section, the Department of |
8 | | Insurance shall deposit 10% into the State Police Law |
9 | | Enforcement Administration Fund, 10% into the State Police |
10 | | Vehicle Fund, and 80% into the Law Enforcement Training Fund. |
11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22; |
12 | | 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23; 103-609, eff. |
13 | | 7-1-24.)
|
14 | | Section 5-30. The State Finance Act is amended by changing |
15 | | Sections 5.346, 5.857, 6z-27, 6z-32, 6z-51, 6z-63, 6z-70, |
16 | | 6z-100, 6z-126, 8.3, 8.12, 8g, 8g-1, and 13.2 and by adding |
17 | | Sections 5.1031, 6z-144, 6z-145, 6z-146, 6z-147, and 6z-148 as |
18 | | follows:
|
19 | | (30 ILCS 105/5.346) |
20 | | Sec. 5.346. The Small Business Environmental Assistance |
21 | | Fund. This Section is repealed on January 1, 2026. |
22 | | (Source: P.A. 87-1177; 88-45.)
|
23 | | (30 ILCS 105/5.857) |
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1 | | (Section scheduled to be repealed on July 1, 2025) |
2 | | Sec. 5.857. The Capital Development Board Revolving Fund. |
3 | | This Section is repealed July 1, 2025. |
4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
5 | | 103-8, eff. 6-7-23.)
|
6 | | (30 ILCS 105/5.1031 new) |
7 | | Sec. 5.1031. The Tier 2 SSWB Reserve Fund.
|
8 | | (30 ILCS 105/6z-27) |
9 | | Sec. 6z-27. All moneys in the Audit Expense Fund shall be |
10 | | transferred, appropriated and used only for the purposes |
11 | | authorized by, and subject to the limitations and conditions |
12 | | prescribed by, the Illinois State Auditing Act. |
13 | | Within 30 days after July 1, 2025 2024 , or as soon |
14 | | thereafter as practical, the State Comptroller shall order |
15 | | transferred and the State Treasurer shall transfer from the |
16 | | following funds moneys in the specified amounts for deposit |
17 | | into the Audit Expense Fund: |
18 | | Academic Quality Assurance Fund .......................... $940 |
19 | | African-American HIV/AIDS Response Fund ................ $4,266 |
20 | | Agricultural Premium Fund ............................ $169,467 |
21 | | Alzheimer's Awareness Fund ............................. $1,068 |
22 | | Alzheimer's Disease Research, |
23 | | Care, and Support Fund ............................... $502 |
24 | | Amusement Ride and Patron Safety Fund .................. $6,888 |
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1 | | Assisted Living and Shared |
2 | | Housing Regulatory Fund ............................ $4,011 |
3 | | Board of Higher Education State |
4 | | Contracts and Grants Fund ......................... $13,416 |
5 | | Capital Development Board Revolving Fund .............. $10,711 |
6 | | Care Provider Fund for Persons with |
7 | | a Developmental Disability ......................... $9,771 |
8 | | CDLIS/AAMVA/NMVTIS Trust Fund .......................... $3,433 |
9 | | Chicago State University Education |
10 | | Improvement Fund .................................. $15,774 |
11 | | Child Labor and Day and Temporary |
12 | | Labor Services Enforcement Fund ................... $15,414 |
13 | | Child Support Administrative Fund ...................... $3,739 |
14 | | Coal Technology Development |
15 | | Assistance Fund .................................... $3,019 |
16 | | Common School Fund ................................... $246,578 |
17 | | Community Mental Health |
18 | | Medicaid Trust Fund ............................... $10,597 |
19 | | Consumer Intervenor Compensation Fund .................. $1,700 |
20 | | Death Certificate Surcharge Fund ....................... $1,550 |
21 | | Death Penalty Abolition Fund ........................... $2,688 |
22 | | Department of Business Services |
23 | | Special Operations Fund ........................... $10,406 |
24 | | Department of Human Services |
25 | | Community Services Fund ........................... $15,086 |
26 | | Dram Shop Fund ....................................... $212,500 |
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| | 10400HB1075sam002 | - 25 - | LRB104 03072 JDS 27129 a |
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1 | | Driver Services Administration Fund ...................... $937 |
2 | | Drug Rebate Fund ...................................... $54,214 |
3 | | Drug Treatment Fund .................................... $1,236 |
4 | | Education Assistance Fund .......................... $2,193,017 |
5 | | Emergency Planning and Training Fund ..................... $528 |
6 | | Emergency Public Health Fund ........................... $8,769 |
7 | | Employee Classification Fund ............................. $967 |
8 | | EMS Assistance Fund .................................... $1,150 |
9 | | Estate Tax Refund Fund ................................. $1,628 |
10 | | Facilities Management Revolving Fund .................. $35,073 |
11 | | Facility Licensing Fund ................................ $6,082 |
12 | | Fair and Exposition Fund ............................... $6,903 |
13 | | Federal Financing Cost |
14 | | Reimbursement Fund ................................. $7,100 |
15 | | Feed Control Fund ..................................... $13,874 |
16 | | Fertilizer Control Fund ................................ $9,357 |
17 | | Fire Prevention Fund ................................... $4,282 |
18 | | General Assembly Technology Fund ....................... $2,830 |
19 | | General Professions Dedicated Fund ..................... $4,131 |
20 | | Governor's Administrative Fund ......................... $5,956 |
21 | | Governor's Grant Fund .................................. $3,164 |
22 | | Grant Accountability and Transparency Fund ............. $1,041 |
23 | | Guardianship and Advocacy Fund ........................ $16,432 |
24 | | Health Facility Plan Review Fund ....................... $2,286 |
25 | | Health and Human Services |
26 | | Medicaid Trust Fund ............................... $10,902 |
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| | 10400HB1075sam002 | - 26 - | LRB104 03072 JDS 27129 a |
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1 | | Healthcare Provider Relief Fund ...................... $321,428 |
2 | | Home Care Services Agency Licensure Fund ............... $2,843 |
3 | | Hospital Licensure Fund ................................ $1,251 |
4 | | Hospital Provider Fund ................................ $99,530 |
5 | | Illinois Affordable Housing Trust Fund ................ $19,809 |
6 | | Illinois Community College Board |
7 | | Contracts and Grants Fund ......................... $14,687 |
8 | | Illinois Health Facilities Planning Fund ............... $3,155 |
9 | | Illinois Independent Tax Tribunal Fund ................ $11,636 |
10 | | IMSA Income Fund ....................................... $6,805 |
11 | | Illinois School Asbestos Abatement Fund ................ $1,141 |
12 | | Illinois State Fair Fund .............................. $69,621 |
13 | | Illinois Telecommunications Access |
14 | | Corporation Fund ................................... $1,546 |
15 | | Illinois Underground Utility |
16 | | Facilities Damage Prevention Fund ................. $12,035 |
17 | | Illinois Veterans' Rehabilitation Fund ................. $1,103 |
18 | | Illinois Workers' Compensation |
19 | | Commission Operations Fund ....................... $241,658 |
20 | | Industrial Hemp Regulatory Fund ........................ $1,407 |
21 | | Interpreters for the Deaf Fund ......................... $8,657 |
22 | | Lead Poisoning Screening, Prevention, |
23 | | and Abatement Fund ................................ $19,789 |
24 | | Lobbyist Registration Administration Fund ................ $843 |
25 | | Long Term Care Monitor/Receiver Fund .................. $42,485 |
26 | | Long-Term Care Provider Fund .......................... $20,620 |
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| | 10400HB1075sam002 | - 27 - | LRB104 03072 JDS 27129 a |
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1 | | Low-Level Radioactive Waste Facility |
2 | | Development and Operation Fund ..................... $2,402 |
3 | | Mandatory Arbitration Fund ............................. $2,635 |
4 | | Mental Health Fund ..................................... $5,353 |
5 | | Mental Health Reporting Fund ........................... $1,226 |
6 | | Metabolic Screening and Treatment Fund ................ $46,885 |
7 | | Monitoring Device Driving Permit |
8 | | Administration Fee Fund ............................ $1,475 |
9 | | Motor Fuel Tax Fund .................................... $1,068 |
10 | | Motor Vehicle License Plate Fund ...................... $13,927 |
11 | | Multiple Sclerosis Research Fund ......................... $961 |
12 | | Nuclear Safety Emergency Preparedness Fund ............ $87,774 |
13 | | Nursing Dedicated and Professional Fund .................. $595 |
14 | | Partners For Conservation Fund ....................... $117,108 |
15 | | Personal Property Tax Replacement Fund ............... $218,128 |
16 | | Pesticide Control Fund ................................ $42,146 |
17 | | Plumbing Licensure and Program Fund .................... $3,672 |
18 | | Private Business and Vocational Schools |
19 | | Quality Assurance Fund ............................... $867 |
20 | | Professional Services Fund ............................ $90,610 |
21 | | Public Defender Fund ................................... $6,198 |
22 | | Public Health Laboratory |
23 | | Services Revolving Fund ............................ $1,098 |
24 | | Public Utility Fund .................................. $282,488 |
25 | | Radiation Protection Fund ............................. $37,946 |
26 | | Rebuild Illinois Projects Fund ........................ $58,858 |
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| | 10400HB1075sam002 | - 28 - | LRB104 03072 JDS 27129 a |
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1 | | Rental Housing Support Program Fund .................... $4,083 |
2 | | Road Fund ............................................. $55,409 |
3 | | Secretary Of State DUI Administration Fund ............. $2,767 |
4 | | Secretary Of State Identification Security |
5 | | and Theft Prevention Fund ......................... $16,793 |
6 | | Secretary Of State Special License Plate Fund .......... $3,473 |
7 | | Secretary Of State Special Services Fund .............. $26,832 |
8 | | Securities Audit and Enforcement Fund .................. $4,889 |
9 | | Serve Illinois Commission Fund ......................... $1,803 |
10 | | Special Education Medicaid Matching Fund ............... $4,329 |
11 | | State Gaming Fund ...................................... $1,997 |
12 | | State Garage Revolving Fund ............................ $7,501 |
13 | | State Lottery Fund ................................... $311,489 |
14 | | State Pensions Fund .................................. $500,000 |
15 | | State Treasurer's Bank Services Trust Fund ............... $752 |
16 | | Supreme Court Special Purposes Fund .................... $4,184 |
17 | | Tattoo and Body Piercing Establishment |
18 | | Registration Fund .................................. $1,166 |
19 | | Tobacco Settlement Recovery Fund ..................... $143,143 |
20 | | Tourism Promotion Fund ................................ $79,695 |
21 | | Transportation Regulatory Fund ....................... $108,481 |
22 | | Trauma Center Fund ..................................... $1,872 |
23 | | University Of Illinois Hospital Services Fund .......... $5,476 |
24 | | Vehicle Hijacking and Motor Vehicle Theft Prevention and |
25 | | Insurance Verification Trust Fund .................. $9,331 |
26 | | Vehicle Inspection Fund ................................ $2,786 |
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| | 10400HB1075sam002 | - 29 - | LRB104 03072 JDS 27129 a |
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1 | | Weights and Measures Fund ............................. $24,640 |
2 | | Attorney General Court Ordered and Voluntary |
3 | | Compliance Payment Projects Fund .................. $22,470 |
4 | | Aggregate Operations Regulatory Fund ..................... $605 |
5 | | Agricultural Premium Fund ............................. $21,002 |
6 | | Attorney General's State Projects and |
7 | | Court Ordered Distribution Fund ................... $36,873 |
8 | | Anna Veterans Home Fund ................................ $1,205 |
9 | | Appraisal Administration Fund .......................... $2,670 |
10 | | Attorney General Whistleblower Reward |
11 | | and Protection Fund .................................. $938 |
12 | | Bank and Trust Company Fund ........................... $82,945 |
13 | | Brownfields Redevelopment Fund ......................... $1,893 |
14 | | Cannabis Business Development Fund .................... $15,750 |
15 | | Cannabis Expungement Fund .............................. $2,511 |
16 | | Capital Development Board Revolving Fund ............... $4,668 |
17 | | Care Provider Fund for Persons with |
18 | | a Developmental Disability ......................... $6,794 |
19 | | CDLIS/AAMVAnet/NMVTIS Trust Fund ....................... $1,679 |
20 | | Cemetery Oversight Licensing and Disciplinary Fund ..... $6,187 |
21 | | Chicago State University Education Improvement Fund ... $16,893 |
22 | | Chicago Travel Industry Promotion Fund ................. $9,146 |
23 | | Child Support Administrative Fund ...................... $2,669 |
24 | | Clean Air Act Permit Fund ............................. $11,283 |
25 | | Coal Technology Development Assistance Fund ........... $22,087 |
26 | | Community Association Manager |
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| | 10400HB1075sam002 | - 30 - | LRB104 03072 JDS 27129 a |
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1 | | Licensing and Disciplinary Fund .................... $1,178 |
2 | | Commitment to Human Services Fund ................... $259,050 |
3 | | Common School Fund .................................. $385,362 |
4 | | Community Mental Health Medicaid Trust Fund ............ $6,972 |
5 | | Community Water Supply Laboratory Fund ................... $835 |
6 | | Credit Union Fund ..................................... $21,944 |
7 | | Cycle Rider Safety Training Fund ......................... $704 |
8 | | DCFS Children's Services Fund ........................ $164,036 |
9 | | Department of Business Services Special Operations Fund . $4,564 |
10 | | Department of Corrections Reimbursement |
11 | | and Education Fund ................................ $23,892 |
12 | | Design Professionals Administration |
13 | | and Investigation Fund ............................. $3,892 |
14 | | Department of Human Services Community Services Fund ... $6,314 |
15 | | Downstate Public Transportation Fund .................. $40,428 |
16 | | Drivers Education Fund ................................... $904 |
17 | | Drug Rebate Fund ...................................... $40,707 |
18 | | Drug Treatment Fund ...................................... $810 |
19 | | Drycleaner Environmental Response Trust Fund ........... $1,555 |
20 | | Education Assistance Fund .......................... $2,347,928 |
21 | | Electric Vehicle Rebate Fund .......................... $24,101 |
22 | | Energy Efficiency Trust Fund ............................. $955 |
23 | | Energy Transition Assistance Fund ...................... $1,193 |
24 | | Environmental Protection Permit and Inspection Fund ... $17,475 |
25 | | Facilities Management Revolving Fund .................. $21,298 |
26 | | Fair and Exposition Fund ................................. $782 |
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| | 10400HB1075sam002 | - 31 - | LRB104 03072 JDS 27129 a |
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1 | | Federal Asset Forfeiture Fund .......................... $1,195 |
2 | | Federal High Speed Rail Trust Fund ....................... $910 |
3 | | Federal Workforce Training Fund ...................... $113,609 |
4 | | Feed Control Fund ...................................... $1,263 |
5 | | Fertilizer Control Fund .................................. $778 |
6 | | Fire Prevention Fund ................................... $4,470 |
7 | | Freedom Schools Fund ..................................... $636 |
8 | | Fund for the Advancement of Education ................. $61,767 |
9 | | General Professions Dedicated Fund .................... $36,108 |
10 | | General Revenue Fund .............................. $17,653,153 |
11 | | Grade Crossing Protection Fund ......................... $7,759 |
12 | | Hazardous Waste Fund ................................... $9,036 |
13 | | Health and Human Services Medicaid Trust Fund ............ $793 |
14 | | Healthcare Provider Relief Fund ...................... $209,863 |
15 | | Historic Property Administrative Fund .................... $791 |
16 | | Horse Racing Fund .................................... $233,685 |
17 | | Hospital Provider Fund ................................ $66,984 |
18 | | Illinois Affordable Housing Trust Fund ................ $30,424 |
19 | | Illinois Charity Bureau Fund ........................... $2,025 |
20 | | Illinois Clean Water Fund ............................. $18,928 |
21 | | Illinois Forestry Development Fund .................... $13,054 |
22 | | Illinois Gaming Law Enforcement Fund ................... $1,411 |
23 | | IMSA Income Fund ...................................... $10,499 |
24 | | Illinois Military Family Relief Fund ................... $2,963 |
25 | | Illinois National Guard Construction Fund .............. $4,944 |
26 | | Illinois Power Agency Operations Fund ................ $154,375 |
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| | 10400HB1075sam002 | - 32 - | LRB104 03072 JDS 27129 a |
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1 | | Illinois State Dental Disciplinary Fund ................ $3,947 |
2 | | Illinois State Fair Fund ............................... $5,871 |
3 | | Illinois State Medical Disciplinary Fund .............. $32,809 |
4 | | Illinois State Pharmacy Disciplinary Fund ............. $10,993 |
5 | | Illinois Student Assistance Commission |
6 | | Contracts and Grants Fund ............................ $950 |
7 | | Illinois Veterans Assistance Fund ...................... $2,738 |
8 | | Illinois Veterans' Rehabilitation Fund ................... $685 |
9 | | Illinois Wildlife Preservation Fund .................... $2,646 |
10 | | Illinois Workers' Compensation Commission |
11 | | Operations Fund ................................... $94,942 |
12 | | Illinois Works Fund .................................... $5,577 |
13 | | Income Tax Refund Fund ............................... $232,364 |
14 | | Insurance Financial Regulation Fund .................. $158,266 |
15 | | Insurance Premium Tax Refund Fund ..................... $10,972 |
16 | | Insurance Producer Administration Fund ............... $208,185 |
17 | | International Tourism Fund ............................. $1,317 |
18 | | LaSalle Veterans Home Fund ............................. $2,656 |
19 | | Law Enforcement Recruitment and Retention Fund ........ $10,249 |
20 | | Law Enforcement Training Fund ......................... $28,714 |
21 | | LEADS Maintenance Fund ................................... $573 |
22 | | Live and Learn Fund .................................... $8,419 |
23 | | Local Government Distributive Fund ................... $120,745 |
24 | | Local Tourism Fund .................................... $16,582 |
25 | | Long Term Care Ombudsman Fund ............................ $635 |
26 | | Long-Term Care Provider Fund .......................... $10,352 |
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| | 10400HB1075sam002 | - 33 - | LRB104 03072 JDS 27129 a |
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1 | | Manteno Veterans Home Fund ............................. $3,941 |
2 | | Mental Health Fund ..................................... $3,560 |
3 | | Mental Health Reporting Fund ............................. $878 |
4 | | Military Affairs Trust Fund ............................ $1,017 |
5 | | Monitoring Device Driving Permit |
6 | | Administration Fee Fund .............................. $657 |
7 | | Motor Carrier Safety Inspection Fund ................... $1,892 |
8 | | Motor Fuel Tax Fund .................................. $124,570 |
9 | | Motor Vehicle License Plate Fund ....................... $6,363 |
10 | | Nursing Dedicated and Professional Fund ............... $14,671 |
11 | | Off-Highway Vehicle Trails Fund ........................ $1,431 |
12 | | Open Space Lands Acquisition and Development Fund ..... $67,764 |
13 | | Optometric Licensing and Disciplinary Board Fund ......... $922 |
14 | | Parity Advancement Fund ................................ $9,349 |
15 | | Partners For Conservation Fund ........................ $25,309 |
16 | | Pawnbroker Regulation Fund ............................... $659 |
17 | | Pension Stabilization Fund ............................. $3,009 |
18 | | Personal Property Tax Replacement Fund ............... $251,569 |
19 | | Pesticide Control Fund ................................. $4,715 |
20 | | Prisoner Review Board Vehicle and Equipment Fund ....... $3,035 |
21 | | Professional Services Fund ............................. $3,093 |
22 | | Professions Indirect Cost Fund ....................... $194,398 |
23 | | Public Pension Regulation Fund ......................... $3,519 |
24 | | Public Transportation Fund ........................... $108,264 |
25 | | Quincy Veterans Home Fund ............................. $25,455 |
26 | | Real Estate License Administration Fund ............... $27,976 |
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| | 10400HB1075sam002 | - 34 - | LRB104 03072 JDS 27129 a |
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1 | | Rebuild Illinois Projects Fund ......................... $3,682 |
2 | | Regional Transportation Authority Occupation and Use Tax |
3 | | Replacement Fund ................................... $3,226 |
4 | | Registered Certified Public Accountants' Administration |
5 | | and Disciplinary Fund .............................. $3,213 |
6 | | Renewable Energy Resources Trust Fund .................. $2,463 |
7 | | Rental Housing Support Program Fund ...................... $560 |
8 | | Residential Finance Regulatory Fund ................... $21,672 |
9 | | Road Fund ............................................ $524,729 |
10 | | Salmon Fund .............................................. $837 |
11 | | Savings Bank Regulatory Fund ............................. $528 |
12 | | School Infrastructure Fund ............................ $10,122 |
13 | | Secretary of State DUI Administration Fund ............. $1,021 |
14 | | Secretary of State Identification Security and |
15 | | Theft Prevention Fund .............................. $4,877 |
16 | | Secretary of State Special License Plate Fund .......... $1,410 |
17 | | Secretary of State Special Services Fund .............. $11,665 |
18 | | Securities Audit and Enforcement Fund .................. $2,279 |
19 | | Serve Illinois Commission Fund ........................... $950 |
20 | | Snowmobile Trail Establishment Fund ...................... $653 |
21 | | Solid Waste Management Fund ........................... $17,540 |
22 | | Special Education Medicaid Matching Fund ............... $2,916 |
23 | | Sports Wagering Fund .................................. $14,696 |
24 | | State Police Law Enforcement Administration Fund ....... $3,635 |
25 | | State and Local Sales Tax Reform Fund .................. $6,676 |
26 | | State Asset Forfeiture Fund ............................ $1,445 |
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| | 10400HB1075sam002 | - 35 - | LRB104 03072 JDS 27129 a |
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1 | | State Aviation Program Fund ............................ $2,125 |
2 | | State Construction Account Fund ...................... $151,079 |
3 | | State Crime Laboratory Fund ............................ $6,342 |
4 | | State Gaming Fund .................................... $216,475 |
5 | | State Garage Revolving Fund ............................ $4,892 |
6 | | State Lottery Fund ................................... $106,169 |
7 | | State Pensions Fund ................................. $500,000 |
8 | | State Police Firearm Services Fund .................... $16,049 |
9 | | State Police Services Fund ............................ $20,688 |
10 | | State Police Vehicle Fund .............................. $7,562 |
11 | | State Police Whistleblower Reward |
12 | | and Protection Fund ................................ $3,858 |
13 | | State Small Business Credit Initiative Fund ........... $20,739 |
14 | | State's Attorneys Appellate |
15 | | Prosecutor's County Fund .......................... $20,621 |
16 | | Subtitle D Management Fund ............................. $2,669 |
17 | | Supplemental Low-Income Energy Assistance Fund ....... $158,173 |
18 | | Tax Compliance and Administration Fund ................. $3,789 |
19 | | Technology Management Revolving Fund ................. $620,435 |
20 | | Tobacco Settlement Recovery Fund ....................... $4,747 |
21 | | Tourism Promotion Fund ................................ $46,998 |
22 | | Traffic and Criminal Conviction Surcharge Fund ........ $41,173 |
23 | | Underground Storage Tank Fund ......................... $31,314 |
24 | | University of Illinois Hospital Services Fund .......... $3,257 |
25 | | Vehicle Hijacking and Motor Vehicle Theft |
26 | | Prevention and Insurance Verification Trust Fund ... $8,183 |
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| | 10400HB1075sam002 | - 36 - | LRB104 03072 JDS 27129 a |
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1 | | Vehicle Inspection Fund ............................... $19,811 |
2 | | Weights and Measures Fund .............................. $3,636 |
3 | | Notwithstanding any provision of the law to the contrary, |
4 | | the General Assembly hereby authorizes the use of such funds |
5 | | for the purposes set forth in this Section. |
6 | | These provisions do not apply to funds classified by the |
7 | | Comptroller as federal trust funds or State trust funds. The |
8 | | Audit Expense Fund may receive transfers from those trust |
9 | | funds only as directed herein, except where prohibited by the |
10 | | terms of the trust fund agreement. The Auditor General shall |
11 | | notify the trustees of those funds of the estimated cost of the |
12 | | audit to be incurred under the Illinois State Auditing Act for |
13 | | the fund. The trustees of those funds shall direct the State |
14 | | Comptroller and Treasurer to transfer the estimated amount to |
15 | | the Audit Expense Fund. |
16 | | The Auditor General may bill entities that are not subject |
17 | | to the above transfer provisions, including private entities, |
18 | | related organizations and entities whose funds are locally |
19 | | held locally-held , for the cost of audits, studies, and |
20 | | investigations incurred on their behalf. Any revenues received |
21 | | under this provision shall be deposited into the Audit Expense |
22 | | Fund. |
23 | | In the event that moneys on deposit in any fund are |
24 | | unavailable, by reason of deficiency or any other reason |
25 | | preventing their lawful transfer, the State Comptroller shall |
26 | | order transferred and the State Treasurer shall transfer the |
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1 | | amount deficient or otherwise unavailable from the General |
2 | | Revenue Fund for deposit into the Audit Expense Fund. |
3 | | On or before December 1, 1992, and each December 1 |
4 | | thereafter, the Auditor General shall notify the Governor's |
5 | | Office of Management and Budget (formerly Bureau of the |
6 | | Budget) of the amount estimated to be necessary to pay for |
7 | | audits, studies, and investigations in accordance with the |
8 | | Illinois State Auditing Act during the next succeeding fiscal |
9 | | year for each State fund for which a transfer or reimbursement |
10 | | is anticipated. |
11 | | Beginning with fiscal year 1994 and during each fiscal |
12 | | year thereafter, the Auditor General may direct the State |
13 | | Comptroller and Treasurer to transfer moneys from funds |
14 | | authorized by the General Assembly for that fund. In the event |
15 | | funds, including federal and State trust funds but excluding |
16 | | the General Revenue Fund, are transferred, during fiscal year |
17 | | 1994 and during each fiscal year thereafter, in excess of the |
18 | | amount to pay actual costs attributable to audits, studies, |
19 | | and investigations as permitted or required by the Illinois |
20 | | State Auditing Act or specific action of the General Assembly, |
21 | | the Auditor General shall, on September 30, or as soon |
22 | | thereafter as is practicable, direct the State Comptroller and |
23 | | Treasurer to transfer the excess amount back to the fund from |
24 | | which it was originally transferred. |
25 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
26 | | 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff. |
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1 | | 6-5-24.)
|
2 | | (30 ILCS 105/6z-32) |
3 | | Sec. 6z-32. Partners for Planning and Conservation. |
4 | | (a) The Partners for Conservation Fund (formerly known as |
5 | | the Conservation 2000 Fund) and the Partners for Conservation |
6 | | Projects Fund (formerly known as the Conservation 2000 |
7 | | Projects Fund) are created as special funds in the State |
8 | | Treasury. These funds shall be used to establish a |
9 | | comprehensive program to protect Illinois' natural resources |
10 | | through cooperative partnerships between State government and |
11 | | public and private landowners. Moneys in these Funds may be |
12 | | used, subject to appropriation, by the Department of Natural |
13 | | Resources, Environmental Protection Agency, and the Department |
14 | | of Agriculture for purposes relating to natural resource |
15 | | protection, planning, recreation, tourism, climate resilience, |
16 | | and compatible agricultural and economic development |
17 | | activities. Without limiting these general purposes, moneys in |
18 | | these Funds may be used, subject to appropriation, for the |
19 | | following specific purposes: |
20 | | (1) To foster sustainable agriculture practices and |
21 | | control soil erosion, sedimentation, and nutrient loss |
22 | | from farmland, including grants to Soil and Water |
23 | | Conservation Districts for conservation practice |
24 | | cost-share grants and for personnel, educational, and |
25 | | administrative expenses. |
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1 | | (2) To establish and protect a system of ecosystems in |
2 | | public and private ownership through conservation |
3 | | easements, incentives to public and private landowners, |
4 | | natural resource restoration and preservation, water |
5 | | quality protection and improvement, land use and watershed |
6 | | planning, technical assistance and grants, and land |
7 | | acquisition provided these mechanisms are all voluntary on |
8 | | the part of the landowner and do not involve the use of |
9 | | eminent domain. |
10 | | (3) To develop a systematic and long-term program to |
11 | | effectively measure and monitor natural resources and |
12 | | ecological conditions through investments in technology |
13 | | and involvement of scientific experts. |
14 | | (4) To initiate strategies to enhance, use, and |
15 | | maintain Illinois' inland lakes through education, |
16 | | technical assistance, research, and financial incentives. |
17 | | (5) To partner with private landowners and with units |
18 | | of State, federal, and local government and with |
19 | | not-for-profit organizations in order to integrate State |
20 | | and federal programs with Illinois' natural resource |
21 | | protection and restoration efforts and to meet |
22 | | requirements to obtain federal and other funds for |
23 | | conservation or protection of natural resources. |
24 | | (6) To support the State's Nutrient Loss Reduction |
25 | | Strategy, including, but not limited to, funding the |
26 | | resources needed to support the Strategy's Policy Working |
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1 | | Group, cover water quality monitoring in support of |
2 | | Strategy implementation, prepare a biennial report on the |
3 | | progress made on the Strategy every 2 years, and provide |
4 | | cost share funding for nutrient capture projects. |
5 | | (7) To provide capacity grants to support soil and |
6 | | water conservation districts, including, but not limited |
7 | | to, developing soil health plans, conducting soil health |
8 | | assessments, peer-to-peer training, convening |
9 | | producer-led dialogues, professional memberships, lab |
10 | | analysis, and travel stipends for meetings and educational |
11 | | events. |
12 | | (8) To develop guidelines and local soil health |
13 | | assessments for advancing soil health. |
14 | | (b) The State Comptroller and State Treasurer shall |
15 | | automatically transfer on the last day of each month, |
16 | | beginning on September 30, 1995 and ending on June 30, 2026 |
17 | | 2025 , from the General Revenue Fund to the Partners for |
18 | | Conservation Fund, an amount equal to 1/10 of the amount set |
19 | | forth below in fiscal year 1996 and an amount equal to 1/12 of |
20 | | the amount set forth below in each of the other specified |
21 | | fiscal years: |
|
22 | | Fiscal Year | Amount | |
23 | | 1996 | $ 3,500,000 | |
24 | | 1997 | $ 9,000,000 | |
25 | | 1998 | $10,000,000 | |
26 | | 1999 | $11,000,000 | |
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1 | | 2000 | $12,500,000 | |
2 | | 2001 through 2004 | $14,000,000 | |
3 | | 2005 | $7,000,000 | |
4 | | 2006 | $11,000,000 | |
5 | | 2007 | $0 | |
6 | | 2008 through 2011 | $14,000,000 | |
7 | | 2012 | $12,200,000 | |
8 | | 2013 through 2017 | $14,000,000 | |
9 | | 2018 | $1,500,000 | |
10 | | 2019 | $14,000,000 | |
11 | | 2020 | $7,500,000 | |
12 | | 2021 through 2023 | $14,000,000 | |
13 | | 2024 | $18,000,000 | |
14 | | 2025 and 2026 | $14,000,000 |
|
15 | | (c) The State Comptroller and State Treasurer shall |
16 | | automatically transfer on the last day of each month beginning |
17 | | on July 31, 2021 and ending June 30, 2022, from the |
18 | | Environmental Protection Permit and Inspection Fund to the |
19 | | Partners for Conservation Fund, an amount equal to 1/12 of |
20 | | $4,135,000. |
21 | | (c-1) The State Comptroller and State Treasurer shall |
22 | | automatically transfer on the last day of each month beginning |
23 | | on July 31, 2022 and ending June 30, 2023, from the |
24 | | Environmental Protection Permit and Inspection Fund to the |
25 | | Partners for Conservation Fund, an amount equal to 1/12 of |
26 | | $5,900,000. |
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1 | | (d) There shall be deposited into the Partners for |
2 | | Conservation Projects Fund such bond proceeds and other moneys |
3 | | as may, from time to time, be provided by law. |
4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
5 | | 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; 103-588, eff. |
6 | | 6-5-24; 103-605, eff. 7-1-24.)
|
7 | | (30 ILCS 105/6z-51) |
8 | | Sec. 6z-51. Budget Stabilization Fund. |
9 | | (a) The Budget Stabilization Fund, a special fund in the |
10 | | State Treasury, shall consist of moneys appropriated or |
11 | | transferred to that Fund, as provided in Section 6z-43 and as |
12 | | otherwise provided by law. All earnings on Budget |
13 | | Stabilization Fund investments shall be deposited into that |
14 | | Fund. |
15 | | (b) The State Comptroller may direct the State Treasurer |
16 | | to transfer moneys from the Budget Stabilization Fund to the |
17 | | General Revenue Fund in order to meet cash flow deficits |
18 | | resulting from timing variations between disbursements and the |
19 | | receipt of funds within a fiscal year. Any moneys so borrowed |
20 | | in any fiscal year other than Fiscal Year 2011 shall be repaid |
21 | | by June 30 of the fiscal year in which they were borrowed. Any |
22 | | moneys so borrowed in Fiscal Year 2011 shall be repaid no later |
23 | | than July 15, 2011. |
24 | | (c) During Fiscal Year 2017 only, amounts may be expended |
25 | | from the Budget Stabilization Fund only pursuant to specific |
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1 | | authorization by appropriation. Any moneys expended pursuant |
2 | | to appropriation shall not be subject to repayment. |
3 | | (d) For Fiscal Years 2020 through 2022, any transfers into |
4 | | the Fund pursuant to the Cannabis Regulation and Tax Act may be |
5 | | transferred to the General Revenue Fund in order for the |
6 | | Comptroller to address outstanding vouchers and shall not be |
7 | | subject to repayment back into the Budget Stabilization Fund. |
8 | | (e) Beginning July 1, 2023, on the first day of each month, |
9 | | or as soon thereafter as practical, the State Comptroller |
10 | | shall direct and the State Treasurer shall transfer $3,750,000 |
11 | | from the General Revenue Fund to the Budget Stabilization |
12 | | Fund. This subsection (e) is inoperative from July 1, 2025, |
13 | | through June 30, 2026. |
14 | | (Source: P.A. 101-10, eff. 6-5-19; 102-699, eff. 4-19-22.)
|
15 | | (30 ILCS 105/6z-63) |
16 | | Sec. 6z-63. The Professional Services Fund. |
17 | | (a) The Professional Services Fund is created as a |
18 | | revolving fund in the State treasury. The following moneys |
19 | | shall be transferred or deposited into the Fund: |
20 | | (1) amounts authorized for transfer to the Fund from |
21 | | the General Revenue Fund and other State funds (except for |
22 | | funds classified by the Comptroller as federal trust funds |
23 | | or State trust funds) pursuant to State law or Executive |
24 | | Order; |
25 | | (2) federal funds received by the Department of |
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1 | | Central Management Services (the "Department") as a result |
2 | | of expenditures from the Fund; |
3 | | (3) interest earned on moneys in the Fund; and |
4 | | (4) receipts or inter-fund transfers resulting from |
5 | | billings issued by the Department to State agencies for |
6 | | the cost of professional services that are rendered by the |
7 | | Department , the Executive Ethics Commission, the Chief |
8 | | Procurement Officer appointed under paragraph (4) of |
9 | | subsection (a) of Section 10-20 of the Illinois |
10 | | Procurement Code, or the Commission on Equity and |
11 | | Inclusion and that are not compensated through the |
12 | | specific fund transfers authorized by this Section. |
13 | | (b) Moneys in the Fund may be used by the Department for |
14 | | reimbursement or payment for: |
15 | | (1) providing professional services to State agencies |
16 | | or other State entities; |
17 | | (2) rendering other services to State agencies at the |
18 | | Governor's direction or to other State entities upon |
19 | | agreement between the Director of Central Management |
20 | | Services and the appropriate official or governing body of |
21 | | the other State entity; or |
22 | | (3) providing for payment of administrative and other |
23 | | expenses incurred by the Department in providing |
24 | | professional services. |
25 | | Beginning in fiscal year 2021, moneys in the Fund may also |
26 | | be appropriated to and used by the Executive Ethics Commission |
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1 | | for oversight and administration of the eProcurement system |
2 | | known as BidBuy, and by the Chief Procurement Officer |
3 | | appointed under paragraph (4) of subsection (a) of Section |
4 | | 10-20 of the Illinois Procurement Code for the operation of |
5 | | the BidBuy system previously administered by the Department. |
6 | | Beginning in fiscal year 2022, moneys in the Fund may also |
7 | | be appropriated to and used by the Commission on Equity and |
8 | | Inclusion for its operating and administrative expenses |
9 | | related to the Business Enterprise Program, previously |
10 | | administered by the Department. |
11 | | (c) State agencies or other State entities may direct the |
12 | | Comptroller to process inter-fund transfers or make payment |
13 | | through the voucher and warrant process to the Professional |
14 | | Services Fund in satisfaction of billings issued under |
15 | | subsection (a) of this Section. |
16 | | (d) Reconciliation. For the fiscal year beginning on July |
17 | | 1, 2004 only, the Director of Central Management Services (the |
18 | | "Director") shall order that each State agency's payments and |
19 | | transfers made to the Fund be reconciled with actual Fund |
20 | | costs for professional services provided by the Department on |
21 | | no less than an annual basis. The Director may require reports |
22 | | from State agencies as deemed necessary to perform this |
23 | | reconciliation. |
24 | | (e) (Blank). |
25 | | (e-5) (Blank). |
26 | | (e-7) (Blank). |
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1 | | (e-10) (Blank). |
2 | | (e-15) (Blank). |
3 | | (e-20) (Blank). |
4 | | (e-25) (Blank). |
5 | | (e-30) (Blank). |
6 | | (e-35) (Blank). |
7 | | (e-40) (Blank). |
8 | | (e-45) (Blank). |
9 | | (e-50) (Blank). |
10 | | (f) The term "professional services" means services |
11 | | rendered on behalf of State agencies and other State entities |
12 | | pursuant to Section 405-293 of the Department of Central |
13 | | Management Services Law of the Civil Administrative Code of |
14 | | Illinois. |
15 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
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16 | | (30 ILCS 105/6z-70) |
17 | | Sec. 6z-70. The Secretary of State Identification Security |
18 | | and Theft Prevention Fund. |
19 | | (a) The Secretary of State Identification Security and |
20 | | Theft Prevention Fund is created as a special fund in the State |
21 | | treasury. The Fund shall consist of any fund transfers, |
22 | | grants, fees, or moneys from other sources received for the |
23 | | purpose of funding identification security and theft |
24 | | prevention measures. |
25 | | (b) All moneys in the Secretary of State Identification |
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1 | | Security and Theft Prevention Fund shall be used, subject to |
2 | | appropriation, for any costs related to implementing |
3 | | identification security and theft prevention measures. |
4 | | (c) (Blank). |
5 | | (d) (Blank). |
6 | | (e) (Blank). |
7 | | (f) (Blank). |
8 | | (g) (Blank). |
9 | | (h) (Blank). |
10 | | (i) (Blank). |
11 | | (j) (Blank). |
12 | | (k) (Blank). |
13 | | (l) (Blank). |
14 | | (m) (Blank). |
15 | | (n) (Blank). |
16 | | (o) (Blank). |
17 | | (p) (Blank). Notwithstanding any other provision of State |
18 | | law to the contrary, on or after July 1, 2023, and until June |
19 | | 30, 2024, in addition to any other transfers that may be |
20 | | provided for by law, at the direction of and upon notification |
21 | | of the Secretary of State, the State Comptroller shall direct |
22 | | and the State Treasurer shall transfer amounts into the |
23 | | Secretary of State Identification Security and Theft |
24 | | Prevention Fund from the designated funds not exceeding the |
25 | | following totals: |
26 | | Division of Corporations Registered Limited |
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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 | | (r) Notwithstanding any other provision of State law to |
20 | | the contrary, on or after July 1, 2025, and until June 30, |
21 | | 2026, in addition to any other transfers that may be provided |
22 | | for by law, at the direction of and upon notification of the |
23 | | Secretary of State, the State Comptroller shall direct and the |
24 | | State Treasurer shall transfer amounts into the Secretary of |
25 | | State Identification Security and Theft Prevention Fund from |
26 | | the designated funds not exceeding the following totals: |
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1 | | Division of Corporations Registered Limited |
2 | | Liability Partnership Fund ................... $400,000 |
3 | | Department of Business Services Special |
4 | | Operations Fund ............................ $5,500,000 |
5 | | Securities Audit and Enforcement Fund .......... $4,000,000 |
6 | | Corporate Franchise Tax Refund Fund ............ $3,000,000 |
7 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
8 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
|
9 | | (30 ILCS 105/6z-100) |
10 | | (Section scheduled to be repealed on July 1, 2025) |
11 | | Sec. 6z-100. Capital Development Board Revolving Fund; |
12 | | payments into and use. All monies received by the Capital |
13 | | Development Board for publications or copies issued by the |
14 | | Board, and all monies received for contract administration |
15 | | fees, charges, or reimbursements owing to the Board shall be |
16 | | deposited into a special fund known as the Capital Development |
17 | | Board Revolving Fund, which is hereby created in the State |
18 | | treasury. The monies in this Fund shall be used by the Capital |
19 | | Development Board, as appropriated, for expenditures for |
20 | | personal services, retirement, social security, contractual |
21 | | services, legal services, travel, commodities, printing, |
22 | | equipment, electronic data processing, or telecommunications. |
23 | | For fiscal year 2021 and thereafter, the monies in this Fund |
24 | | may also be appropriated to and used by the Executive Ethics |
25 | | Commission for oversight and administration of the Chief |
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1 | | Procurement Officer appointed under paragraph (1) of |
2 | | subsection (a) of Section 10-20 of the Illinois Procurement |
3 | | Code. Unexpended moneys in the Fund shall not be transferred |
4 | | or allocated by the Comptroller or Treasurer to any other |
5 | | fund, nor shall the Governor authorize the transfer or |
6 | | allocation of those moneys to any other fund. This Section is |
7 | | repealed July 1, 2025. |
8 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
9 | | 103-8, eff. 6-7-23.)
|
10 | | (30 ILCS 105/6z-126) |
11 | | Sec. 6z-126. Law Enforcement Training Fund. The Law |
12 | | Enforcement Training Fund is hereby created as a special fund |
13 | | in the State treasury. Moneys in the Fund shall consist of: (i) |
14 | | the share 90% of the revenue from increasing the insurance |
15 | | producer license fees allocated for transfer to the Fund , as |
16 | | provided under subsection (a-5) of Section 500-135 of the |
17 | | Illinois Insurance Code; and (ii) the share 90% of the moneys |
18 | | collected from auto insurance policy fees under Section 8.6 of |
19 | | the Illinois Vehicle Hijacking and Motor Vehicle Theft |
20 | | Prevention and Insurance Verification Act allocated for |
21 | | deposit into the Fund . This Fund shall be used by the Illinois |
22 | | Law Enforcement Training Standards Board for the following |
23 | | purposes: (i) to fund law enforcement certification |
24 | | compliance; (ii) for the development and provision of basic |
25 | | courses by Board-approved academics, and in-service courses by |
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1 | | approved academies; and (iii) for the ordinary and contingent |
2 | | expenses of the Illinois Law Enforcement Training Standards |
3 | | Board. |
4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; |
5 | | 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, eff. |
6 | | 6-30-23.)
|
7 | | (30 ILCS 105/6z-144 new) |
8 | | Sec. 6z-144. Supreme Court Indirect Cost Fund. The Supreme |
9 | | Court Indirect Cost Fund is established as a federal trust |
10 | | fund in the State treasury. Moneys received by the Supreme |
11 | | Court from any federal department or agency as an indirect |
12 | | cost reimbursement shall be deposited into the Fund. Moneys in |
13 | | the Fund shall be held by the State Treasurer as ex officio |
14 | | custodian and shall be used by the Supreme Court, subject to |
15 | | appropriation, for administrative expenses.
|
16 | | (30 ILCS 105/6z-145 new) |
17 | | Sec. 6z-145. Office of Statewide Pretrial Services State |
18 | | Projects Fund. The Office of Statewide Pretrial Services State |
19 | | Projects Fund is established as a State trust fund in the State |
20 | | treasury. Moneys received by the Office of Statewide Pretrial |
21 | | Services from interagency agreements, interagency receipts |
22 | | from other State agencies and agencies from other states, |
23 | | private organizations, individuals, foundations, and nonprofit |
24 | | organizations for projects related to the purposes of Public |
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1 | | Act 101-652 and Public Act 102-1104, commonly known as the |
2 | | Safety, Accountability, Fairness and Equity-Today (SAFE-T) |
3 | | Act, shall be deposited into the Fund. |
4 | | Moneys in the Fund shall be held by the State Treasurer as |
5 | | ex officio custodian and shall be used by the Office of |
6 | | Statewide Pretrial Services, subject to appropriation, for the |
7 | | specific purposes established by the terms and conditions of |
8 | | the grant or award and for other authorized expenses in |
9 | | accordance with State requirements. Other moneys deposited |
10 | | into the Fund may be used for purposes associated with the |
11 | | State-financed projects.
|
12 | | (30 ILCS 105/6z-146 new) |
13 | | Sec. 6z-146. Office of Statewide Pretrial Services Federal |
14 | | Projects Fund. The Office of Statewide Pretrial Services |
15 | | Federal Projects Fund is established as a federal trust fund |
16 | | in the State treasury. Moneys received by the Office of |
17 | | Statewide Pretrial Services from any federal department or |
18 | | agency, subject to appropriation, including, but not limited |
19 | | to, grants or awards, shall be deposited into the Fund. In |
20 | | addition, the Fund may also receive interagency receipts from |
21 | | other State agencies and agencies from other states. Moneys in |
22 | | the Fund shall be held by the State Treasurer as ex officio |
23 | | custodian and shall be used by the Office of Statewide |
24 | | Pretrial Services, subject to appropriation, for the specific |
25 | | purposes established by the terms and conditions of the |
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1 | | federal grant or award and for other authorized expenses in |
2 | | accordance with federal requirements.
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3 | | (30 ILCS 105/6z-147 new) |
4 | | Sec. 6z-147. Office of Statewide Pretrial Services |
5 | | Indirect Cost Fund. The Office of Statewide Pretrial Services |
6 | | Indirect Cost Fund is established as a federal trust fund in |
7 | | the State treasury. Moneys received by the Office of Statewide |
8 | | Pretrial Services from any federal department or agency as an |
9 | | indirect cost reimbursement shall be deposited into the Fund. |
10 | | Moneys in the Fund shall be held by the State Treasurer as ex |
11 | | officio custodian and shall be used by the Office of Statewide |
12 | | Pretrial Services, subject to appropriation, for |
13 | | administrative expenses.
|
14 | | (30 ILCS 105/6z-148 new) |
15 | | Sec. 6z-148. Tier 2 SSWB Reserve Fund. |
16 | | (a) The Tier 2 SSWB Reserve Fund is created as a special |
17 | | fund in the State treasury. The Fund may receive revenue from |
18 | | any authorized source, including, but not limited to, |
19 | | transfers and appropriations from other funds in the State |
20 | | treasury. Any interest earned on moneys in the Fund shall be |
21 | | retained in the Fund. |
22 | | (b) Subject to appropriation, moneys in the Fund shall be |
23 | | used for additional State contributions associated with |
24 | | adjustments to the earnings limitations specified in |
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1 | | subsection (b-5) of Section 1-160 of the Illinois Pension Code |
2 | | and subsection (b) of Section 15-111 of the Illinois Pension |
3 | | Code. Distributions from the Fund shall be allocated as |
4 | | follows: |
5 | | (1) 5.1% to the State Employees' Retirement System of |
6 | | Illinois; |
7 | | (2) 83.3% to the Teachers' Retirement System of the |
8 | | State of Illinois; and |
9 | | (3) 11.6% to the State Universities Retirement System. |
10 | | (c) If, after the effective date of this amendatory Act of |
11 | | the 104th General Assembly, any enforceable determination |
12 | | concludes that the benefits for a Tier 2 member or participant |
13 | | under Section 1-160 or 15-111 of the Illinois Pension Code do |
14 | | not provide the minimum retirement benefits required under |
15 | | Internal Revenue Service regulations or other provisions of |
16 | | federal law such that the wages of such member or participant |
17 | | would be subject to tax under the Federal Insurance |
18 | | Contributions Act, then moneys in the Tier 2 SSWB Reserve Fund |
19 | | may be used by the State Employees' Retirement System of |
20 | | Illinois, the Teachers' Retirement System of the State of |
21 | | Illinois, or the State Universities Retirement System to pay |
22 | | the difference between benefits otherwise available and |
23 | | benefits that would constitute minimum retirement benefits |
24 | | under applicable federal law or regulation. This subsection |
25 | | shall constitute a continuing appropriation of all amounts |
26 | | necessary for such purposes.
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1 | | (30 ILCS 105/8.3) |
2 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
3 | | State of Illinois incurs any bonded indebtedness for the |
4 | | construction of permanent highways, be set aside and used for |
5 | | the purpose of paying and discharging annually the principal |
6 | | and interest on that bonded indebtedness then due and payable, |
7 | | and for no other purpose. The surplus, if any, in the Road Fund |
8 | | after the payment of principal and interest on that bonded |
9 | | indebtedness then annually due shall be used as follows: |
10 | | first -- to pay the cost of administration of Chapters |
11 | | 2 through 10 of the Illinois Vehicle Code, except the cost |
12 | | of administration of Articles I and II of Chapter 3 of that |
13 | | Code, and to pay the costs of the Executive Ethics |
14 | | Commission for oversight and administration of the Chief |
15 | | Procurement Officer appointed under paragraph (2) of |
16 | | subsection (a) of Section 10-20 of the Illinois |
17 | | Procurement Code for transportation; and |
18 | | secondly -- for expenses of the Department of |
19 | | Transportation for construction, reconstruction, |
20 | | improvement, repair, maintenance, operation, and |
21 | | administration of highways in accordance with the |
22 | | provisions of laws relating thereto, or for any purpose |
23 | | related or incident to and connected therewith, including |
24 | | the separation of grades of those highways with railroads |
25 | | and with highways and including the payment of awards made |
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1 | | by the Illinois Workers' Compensation Commission under the |
2 | | terms of the Workers' Compensation Act or Workers' |
3 | | Occupational Diseases Act for injury or death of an |
4 | | employee of the Division of Highways in the Department of |
5 | | Transportation; or for the acquisition of land and the |
6 | | erection of buildings for highway purposes, including the |
7 | | acquisition of highway right-of-way or for investigations |
8 | | to determine the reasonably anticipated future highway |
9 | | needs; or for making of surveys, plans, specifications and |
10 | | estimates for and in the construction and maintenance of |
11 | | flight strips and of highways necessary to provide access |
12 | | to military and naval reservations, to defense industries |
13 | | and defense-industry sites, and to the sources of raw |
14 | | materials and for replacing existing highways and highway |
15 | | connections shut off from general public use at military |
16 | | and naval reservations and defense-industry sites, or for |
17 | | the purchase of right-of-way, except that the State shall |
18 | | be reimbursed in full for any expense incurred in building |
19 | | the flight strips; or for the operating and maintaining of |
20 | | highway garages; or for patrolling and policing the public |
21 | | highways and conserving the peace; or for the operating |
22 | | expenses of the Department relating to the administration |
23 | | of public transportation programs; or, during fiscal year |
24 | | 2024, for the purposes of a grant not to exceed $9,108,400 |
25 | | to the Regional Transportation Authority on behalf of PACE |
26 | | for the purpose of ADA/Para-transit expenses; or, during |
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1 | | fiscal year 2025, for the purposes of a grant not to exceed |
2 | | $10,020,000 to the Regional Transportation Authority on |
3 | | behalf of PACE for the purpose of ADA/Para-transit |
4 | | expenses; or, during fiscal year 2026, for the purposes of |
5 | | a grant not to exceed $11,500,000 to the Regional |
6 | | Transportation Authority on behalf of PACE for the purpose |
7 | | of ADA/Para-transit expenses; or for any of those purposes |
8 | | or any other purpose that may be provided by law. |
9 | | Appropriations for any of those purposes are payable from |
10 | | the Road Fund. Appropriations may also be made from the Road |
11 | | Fund for the administrative expenses of any State agency that |
12 | | are related to motor vehicles or arise from the use of motor |
13 | | vehicles. |
14 | | Beginning with fiscal year 1980 and thereafter, no Road |
15 | | Fund monies shall be appropriated to the following Departments |
16 | | or agencies of State government for administration, grants, or |
17 | | operations; but this limitation is not a restriction upon |
18 | | appropriating for those purposes any Road Fund monies that are |
19 | | eligible for federal reimbursement: |
20 | | 1. Department of Public Health; |
21 | | 2. Department of Transportation, only with respect to |
22 | | subsidies for one-half fare Student Transportation and |
23 | | Reduced Fare for Elderly, except fiscal year 2024 when no |
24 | | more than $19,063,500 may be expended and except fiscal |
25 | | year 2025 when no more than $20,969,900 may be expended |
26 | | and except fiscal year 2026 when no more than $23,067,000 |
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1 | | may be expended ; |
2 | | 3. Department of Central Management Services, except |
3 | | for expenditures incurred for group insurance premiums of |
4 | | appropriate personnel; |
5 | | 4. Judicial Systems and Agencies. |
6 | | Beginning with fiscal year 1981 and thereafter, no Road |
7 | | Fund monies shall be appropriated to the following Departments |
8 | | or agencies of State government for administration, grants, or |
9 | | operations; but this limitation is not a restriction upon |
10 | | appropriating for those purposes any Road Fund monies that are |
11 | | eligible for federal reimbursement: |
12 | | 1. Illinois State Police, except for expenditures with |
13 | | respect to the Division of Patrol and Division of Criminal |
14 | | Investigation; |
15 | | 2. Department of Transportation, only with respect to |
16 | | Intercity Rail Subsidies, except fiscal year 2024 when no |
17 | | more than $60,000,000 may be expended and except fiscal |
18 | | year 2025 when no more than $67,000,000 may be expended |
19 | | and except fiscal year 2026 when no more than $76,000,000 |
20 | | may be expended , and Rail Freight Services. |
21 | | Beginning with fiscal year 1982 and thereafter, no Road |
22 | | Fund monies shall be appropriated to the following Departments |
23 | | or agencies of State government for administration, grants, or |
24 | | operations; but this limitation is not a restriction upon |
25 | | appropriating for those purposes any Road Fund monies that are |
26 | | eligible for federal reimbursement: Department of Central |
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1 | | Management Services, except for awards made by the Illinois |
2 | | Workers' Compensation Commission under the terms of the |
3 | | Workers' Compensation Act or Workers' Occupational Diseases |
4 | | Act for injury or death of an employee of the Division of |
5 | | Highways in the Department of Transportation. |
6 | | Beginning with fiscal year 1984 and thereafter, no Road |
7 | | Fund monies shall be appropriated to the following Departments |
8 | | or agencies of State government for administration, grants, or |
9 | | operations; but this limitation is not a restriction upon |
10 | | appropriating for those purposes any Road Fund monies that are |
11 | | eligible for federal reimbursement: |
12 | | 1. Illinois State Police, except not more than 40% of |
13 | | the funds appropriated for the Division of Patrol and |
14 | | Division of Criminal Investigation; |
15 | | 2. State Officers. |
16 | | Beginning with fiscal year 1984 and thereafter, no Road |
17 | | Fund monies shall be appropriated to any Department or agency |
18 | | of State government for administration, grants, or operations |
19 | | except as provided hereafter; but this limitation is not a |
20 | | restriction upon appropriating for those purposes any Road |
21 | | Fund monies that are eligible for federal reimbursement. It |
22 | | shall not be lawful to circumvent the above appropriation |
23 | | limitations by governmental reorganization or other methods. |
24 | | Appropriations shall be made from the Road Fund only in |
25 | | accordance with the provisions of this Section. |
26 | | Money in the Road Fund shall, if and when the State of |
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1 | | Illinois incurs any bonded indebtedness for the construction |
2 | | of permanent highways, be set aside and used for the purpose of |
3 | | paying and discharging during each fiscal year the principal |
4 | | and interest on that bonded indebtedness as it becomes due and |
5 | | payable as provided in the General Obligation Bond Act, and |
6 | | for no other purpose. The surplus, if any, in the Road Fund |
7 | | after the payment of principal and interest on that bonded |
8 | | indebtedness then annually due shall be used as follows: |
9 | | first -- to pay the cost of administration of Chapters |
10 | | 2 through 10 of the Illinois Vehicle Code; and |
11 | | secondly -- no Road Fund monies derived from fees, |
12 | | excises, or license taxes relating to registration, |
13 | | operation and use of vehicles on public highways or to |
14 | | fuels used for the propulsion of those vehicles, shall be |
15 | | appropriated or expended other than for costs of |
16 | | administering the laws imposing those fees, excises, and |
17 | | license taxes, statutory refunds and adjustments allowed |
18 | | thereunder, administrative costs of the Department of |
19 | | Transportation, including, but not limited to, the |
20 | | operating expenses of the Department relating to the |
21 | | administration of public transportation programs, payment |
22 | | of debts and liabilities incurred in construction and |
23 | | reconstruction of public highways and bridges, acquisition |
24 | | of rights-of-way for and the cost of construction, |
25 | | reconstruction, maintenance, repair, and operation of |
26 | | public highways and bridges under the direction and |
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1 | | supervision of the State, political subdivision, or |
2 | | municipality collecting those monies, or during fiscal |
3 | | year 2024 for the purposes of a grant not to exceed |
4 | | $9,108,400 to the Regional Transportation Authority on |
5 | | behalf of PACE for the purpose of ADA/Para-transit |
6 | | expenses, or during fiscal year 2025 for the purposes of a |
7 | | grant not to exceed $10,020,000 to the Regional |
8 | | Transportation Authority on behalf of PACE for the purpose |
9 | | of ADA/Para-transit expenses, or during fiscal year 2026 |
10 | | for the purposes of a grant not to exceed $11,500,000 to |
11 | | the Regional Transportation Authority on behalf of PACE |
12 | | for the purpose of ADA/Para-transit expenses, and the |
13 | | costs for patrolling and policing the public highways (by |
14 | | the State, political subdivision, or municipality |
15 | | collecting that money) for enforcement of traffic laws. |
16 | | The separation of grades of such highways with railroads |
17 | | and costs associated with protection of at-grade highway |
18 | | and railroad crossing shall also be permissible. |
19 | | Appropriations for any of such purposes are payable from |
20 | | the Road Fund or the Grade Crossing Protection Fund as |
21 | | provided in Section 8 of the Motor Fuel Tax Law. |
22 | | Except as provided in this paragraph, beginning with |
23 | | fiscal year 1991 and thereafter, no Road Fund monies shall be |
24 | | appropriated to the Illinois State Police for the purposes of |
25 | | this Section in excess of its total fiscal year 1990 Road Fund |
26 | | appropriations for those purposes unless otherwise provided in |
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1 | | Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
2 | | 2006, and 2007 only, no Road Fund monies shall be appropriated |
3 | | to the Department of State Police for the purposes of this |
4 | | Section in excess of $97,310,000. For fiscal year 2008 only, |
5 | | no Road Fund monies shall be appropriated to the Department of |
6 | | State Police for the purposes of this Section in excess of |
7 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
8 | | shall be appropriated to the Department of State Police for |
9 | | the purposes of this Section in excess of $114,700,000. |
10 | | Beginning in fiscal year 2010, no Road Fund moneys shall be |
11 | | appropriated to the Illinois State Police. It shall not be |
12 | | lawful to circumvent this limitation on appropriations by |
13 | | governmental reorganization or other methods unless otherwise |
14 | | provided in Section 5g of this Act. |
15 | | In fiscal year 1994, no Road Fund monies shall be |
16 | | appropriated to the Secretary of State for the purposes of |
17 | | this Section in excess of the total fiscal year 1991 Road Fund |
18 | | appropriations to the Secretary of State for those purposes, |
19 | | plus $9,800,000. It shall not be lawful to circumvent this |
20 | | limitation on appropriations by governmental reorganization or |
21 | | other method. |
22 | | Beginning with fiscal year 1995 and thereafter, no Road |
23 | | Fund monies shall be appropriated to the Secretary of State |
24 | | for the purposes of this Section in excess of the total fiscal |
25 | | year 1994 Road Fund appropriations to the Secretary of State |
26 | | for those purposes. It shall not be lawful to circumvent this |
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1 | | limitation on appropriations by governmental reorganization or |
2 | | other methods. |
3 | | Beginning with fiscal year 2000, total Road Fund |
4 | | appropriations to the Secretary of State for the purposes of |
5 | | this Section shall not exceed the amounts specified for the |
6 | | following fiscal years: |
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7 | | Fiscal Year 2000 | $80,500,000; | |
8 | | Fiscal Year 2001 | $80,500,000; | |
9 | | Fiscal Year 2002 | $80,500,000; | |
10 | | Fiscal Year 2003 | $130,500,000; | |
11 | | Fiscal Year 2004 | $130,500,000; | |
12 | | Fiscal Year 2005 | $130,500,000; | |
13 | | Fiscal Year 2006 | $130,500,000; | |
14 | | Fiscal Year 2007 | $130,500,000; | |
15 | | Fiscal Year 2008 | $130,500,000; | |
16 | | Fiscal Year 2009 | $130,500,000. |
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17 | | For fiscal year 2010, no road fund moneys shall be |
18 | | appropriated to the Secretary of State. |
19 | | Beginning in fiscal year 2011, moneys in the Road Fund |
20 | | shall be appropriated to the Secretary of State for the |
21 | | exclusive purpose of paying refunds due to overpayment of fees |
22 | | related to Chapter 3 of the Illinois Vehicle Code unless |
23 | | otherwise provided for by law. |
24 | | Beginning in fiscal year 2025, moneys in the Road Fund may |
25 | | be appropriated to the Environmental Protection Agency for the |
26 | | exclusive purpose of making deposits into the Electric Vehicle |
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1 | | Rebate Fund, subject to appropriation, to be used for purposes |
2 | | consistent with Section 11 of Article IX of the Illinois |
3 | | Constitution. |
4 | | In fiscal year 2026, in addition to any other uses |
5 | | permitted by law, moneys in the Road Fund may be used, subject |
6 | | to appropriation, by the Department of Transportation for |
7 | | grants to port districts for the purpose of making |
8 | | infrastructure improvements consistent with Section 11 of |
9 | | Article IX of the Illinois Constitution. |
10 | | It shall not be lawful to circumvent this limitation on |
11 | | appropriations by governmental reorganization or other |
12 | | methods. |
13 | | No new program may be initiated in fiscal year 1991 and |
14 | | thereafter that is not consistent with the limitations imposed |
15 | | by this Section for fiscal year 1984 and thereafter, insofar |
16 | | as appropriation of Road Fund monies is concerned. |
17 | | Nothing in this Section prohibits transfers from the Road |
18 | | Fund to the State Construction Account Fund under Section 5e |
19 | | of this Act; nor to the General Revenue Fund, as authorized by |
20 | | Public Act 93-25. |
21 | | The additional amounts authorized for expenditure in this |
22 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
23 | | shall be repaid to the Road Fund from the General Revenue Fund |
24 | | in the next succeeding fiscal year that the General Revenue |
25 | | Fund has a positive budgetary balance, as determined by |
26 | | generally accepted accounting principles applicable to |
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1 | | government. |
2 | | The additional amounts authorized for expenditure by the |
3 | | Secretary of State and the Department of State Police in this |
4 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
5 | | from the General Revenue Fund in the next succeeding fiscal |
6 | | year that the General Revenue Fund has a positive budgetary |
7 | | balance, as determined by generally accepted accounting |
8 | | principles applicable to government. |
9 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
10 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
11 | | 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, |
12 | | eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
|
13 | | (30 ILCS 105/8.12) (from Ch. 127, par. 144.12) |
14 | | Sec. 8.12. State Pensions Fund. |
15 | | (a) The moneys in the State Pensions Fund shall be used |
16 | | exclusively for the administration of the Revised Uniform |
17 | | Unclaimed Property Act and for the expenses incurred by the |
18 | | Auditor General for administering the provisions of Section |
19 | | 2-8.1 of the Illinois State Auditing Act and for operational |
20 | | expenses of the Office of the State Treasurer and for the |
21 | | funding of the unfunded liabilities of the designated |
22 | | retirement systems. For the purposes of this Section, |
23 | | "operational expenses of the Office of the State Treasurer" |
24 | | includes the acquisition of land and buildings in State fiscal |
25 | | years 2019 and 2020 for use by the Office of the State |
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1 | | Treasurer, as well as construction, reconstruction, |
2 | | improvement, repair, and maintenance, in accordance with the |
3 | | provisions of laws relating thereto, of such lands and |
4 | | buildings beginning in State fiscal year 2019 and thereafter. |
5 | | Beginning in State fiscal year 2027 2026 , payments to the |
6 | | designated retirement systems under this Section shall be in |
7 | | addition to, and not in lieu of, any State contributions |
8 | | required under the Illinois Pension Code. |
9 | | "Designated retirement systems" means: |
10 | | (1) the State Employees' Retirement System of |
11 | | Illinois; |
12 | | (2) the Teachers' Retirement System of the State of |
13 | | Illinois; |
14 | | (3) the State Universities Retirement System; |
15 | | (4) the Judges Retirement System of Illinois; and |
16 | | (5) the General Assembly Retirement System. |
17 | | (b) Each year the General Assembly may make appropriations |
18 | | from the State Pensions Fund for the administration of the |
19 | | Revised Uniform Unclaimed Property Act. |
20 | | (c) (Blank). |
21 | | (c-5) For fiscal years 2006 through 2026 2025 , the General |
22 | | Assembly shall appropriate from the State Pensions Fund to the |
23 | | State Universities Retirement System the amount estimated to |
24 | | be available during the fiscal year in the State Pensions |
25 | | Fund; provided, however, that the amounts appropriated under |
26 | | this subsection (c-5) shall not reduce the amount in the State |
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1 | | Pensions Fund below $5,000,000. |
2 | | (c-6) For fiscal year 2027 2026 and each fiscal year |
3 | | thereafter, as soon as may be practical after any money is |
4 | | deposited into the State Pensions Fund from the Unclaimed |
5 | | Property Trust Fund, the State Treasurer shall apportion the |
6 | | deposited amount among the designated retirement systems as |
7 | | defined in subsection (a) to reduce their actuarial reserve |
8 | | deficiencies. The State Comptroller and State Treasurer shall |
9 | | pay the apportioned amounts to the designated retirement |
10 | | systems to fund the unfunded liabilities of the designated |
11 | | retirement systems. The amount apportioned to each designated |
12 | | retirement system shall constitute a portion of the amount |
13 | | estimated to be available for appropriation from the State |
14 | | Pensions Fund that is the same as that retirement system's |
15 | | portion of the total actual reserve deficiency of the systems, |
16 | | as determined annually by the Governor's Office of Management |
17 | | and Budget at the request of the State Treasurer. The amounts |
18 | | apportioned under this subsection shall not reduce the amount |
19 | | in the State Pensions Fund below $5,000,000. |
20 | | (d) The Governor's Office of Management and Budget shall |
21 | | determine the individual and total reserve deficiencies of the |
22 | | designated retirement systems. For this purpose, the |
23 | | Governor's Office of Management and Budget shall utilize the |
24 | | latest available audit and actuarial reports of each of the |
25 | | retirement systems and the relevant reports and statistics of |
26 | | the Public Employee Pension Fund Division of the Department of |
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1 | | Insurance. |
2 | | (d-1) (Blank). |
3 | | (e) The changes to this Section made by Public Act 88-593 |
4 | | shall first apply to distributions from the Fund for State |
5 | | fiscal year 1996. |
6 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
7 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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8 | | (30 ILCS 105/8g) |
9 | | Sec. 8g. Fund transfers. |
10 | | (a) (Blank). |
11 | | (b) (Blank). |
12 | | (c) In addition to any other transfers that may be |
13 | | provided for by law, on August 30 of each fiscal year's license |
14 | | period, the Illinois Liquor Control Commission shall direct |
15 | | and the State Comptroller and State Treasurer shall transfer |
16 | | from the General Revenue Fund to the Youth Alcoholism and |
17 | | Substance Abuse Prevention Fund an amount equal to the number |
18 | | of retail liquor licenses issued for that fiscal year |
19 | | multiplied by $50. This subsection (c) is inoperative from |
20 | | July 1, 2025, through June 30, 2026. |
21 | | (d) The payments to programs required under subsection (d) |
22 | | of Section 28.1 of the Illinois Horse Racing Act of 1975 shall |
23 | | be made, pursuant to appropriation, from the special funds |
24 | | referred to in the statutes cited in that subsection, rather |
25 | | than directly from the General Revenue Fund. |
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1 | | Beginning January 1, 2000, on the first day of each month, |
2 | | or as soon as may be practical thereafter, the State |
3 | | Comptroller shall direct and the State Treasurer shall |
4 | | transfer from the General Revenue Fund to each of the special |
5 | | funds from which payments are to be made under subsection (d) |
6 | | of Section 28.1 of the Illinois Horse Racing Act of 1975 an |
7 | | amount equal to 1/12 of the annual amount required for those |
8 | | payments from that special fund, which annual amount shall not |
9 | | exceed the annual amount for those payments from that special |
10 | | fund for the calendar year 1998. The special funds to which |
11 | | transfers shall be made under this subsection (d) include, but |
12 | | are not necessarily limited to, the Agricultural Premium Fund; |
13 | | the Metropolitan Exposition, Auditorium and Office Building |
14 | | Fund, but only through fiscal year 2021 and not thereafter; |
15 | | the Fair and Exposition Fund; the Illinois Standardbred |
16 | | Breeders Fund; the Illinois Thoroughbred Breeders Fund; and |
17 | | the Illinois Veterans' Rehabilitation Fund. Except for |
18 | | transfers attributable to prior fiscal years, during State |
19 | | fiscal year 2020 only, no transfers shall be made from the |
20 | | General Revenue Fund to the Agricultural Premium Fund, the |
21 | | Fair and Exposition Fund, the Illinois Standardbred Breeders |
22 | | Fund, or the Illinois Thoroughbred Breeders Fund. |
23 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
24 | | 102-558, eff. 8-20-21.)
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25 | | (30 ILCS 105/8g-1) |
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1 | | (z) (Blank). |
2 | | (aa) (Blank). |
3 | | (bb) (Blank). |
4 | | (cc) (Blank). |
5 | | (dd) (Blank). |
6 | | (ee) (Blank). |
7 | | (ff) (Blank). |
8 | | (gg) (Blank). |
9 | | (hh) (Blank). |
10 | | (ii) (Blank). |
11 | | (jj) (Blank). |
12 | | (kk) (Blank). |
13 | | (ll) (Blank). |
14 | | (mm) In addition to any other transfers that may be |
15 | | provided for by law, beginning on the effective date of the |
16 | | changes made to this Section by this amendatory Act of the |
17 | | 103rd General Assembly and until June 30, 2024, as directed by |
18 | | the Governor, the State Comptroller shall direct and the State |
19 | | Treasurer shall transfer up to a total of $1,500,000,000 from |
20 | | the General Revenue Fund to the State Coronavirus Urgent |
21 | | Remediation Emergency Fund. |
22 | | (nn) In addition to any other transfers that may be |
23 | | provided for by law, beginning on the effective date of the |
24 | | changes made to this Section by this amendatory Act of the |
25 | | 103rd General Assembly and until June 30, 2024, as directed by |
26 | | the Governor, the State Comptroller shall direct and the State |
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1 | | Treasurer shall transfer up to a total of $424,000,000 from |
2 | | the General Revenue Fund to the Build Illinois Bond Fund. |
3 | | (oo) In addition to any other transfers that may be |
4 | | provided for by law, on July 1, 2023, or as soon thereafter as |
5 | | practical, the State Comptroller shall direct and the State |
6 | | Treasurer shall transfer the sum of $500,000 from the General |
7 | | Revenue Fund to the Governor's Administrative Fund. |
8 | | (pp) In addition to any other transfers that may be |
9 | | provided for by law, on July 1, 2023, or as soon thereafter as |
10 | | practical, the State Comptroller shall direct and the State |
11 | | Treasurer shall transfer the sum of $500,000 from the General |
12 | | Revenue Fund to the Grant Accountability and Transparency |
13 | | Fund. |
14 | | (qq) In addition to any other transfers that may be |
15 | | provided for by law, beginning on the effective date of the |
16 | | changes made to this Section by this amendatory Act of the |
17 | | 103rd General Assembly and until June 30, 2024, as directed by |
18 | | the Governor, the State Comptroller shall direct and the State |
19 | | Treasurer shall transfer up to a total of $350,000,000 from |
20 | | the General Revenue Fund to the Fund for Illinois' Future. |
21 | | (rr) In addition to any other transfers that may be |
22 | | provided for by law, on July 1, 2024, or as soon thereafter as |
23 | | practical, the State Comptroller shall direct and the State |
24 | | Treasurer shall transfer the sum of $500,000 from the General |
25 | | Revenue Fund to the Governor's Administrative Fund. |
26 | | (ss) In addition to any other transfers that may be |
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1 | | provided for by law, on July 1, 2024, or as soon thereafter as |
2 | | practical, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer the sum of $500,000 from the General |
4 | | Revenue Fund to the Grant Accountability and Transparency |
5 | | Fund. |
6 | | (tt) In addition to any other transfers that may be |
7 | | provided for by law, on July 1, 2024, or as soon thereafter as |
8 | | practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the sum of $25,000,000 from the |
10 | | Violent Crime Witness Protection Program Fund to the General |
11 | | Revenue Fund. |
12 | | In addition to any other transfers that may be provided |
13 | | for by law, beginning on the effective date of the changes made |
14 | | to this Section by this amendatory Act of the 104th General |
15 | | Assembly and until June 30, 2025, as directed by the Governor, |
16 | | the State Comptroller shall direct and the State Treasurer |
17 | | shall transfer up to a total of $370,000,000 from the General |
18 | | Revenue Fund to the Fund for Illinois' Future. |
19 | | In addition to any other transfers that may be provided |
20 | | for by law, on July 1, 2025, 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 | | In addition to any other transfers that may be provided |
25 | | for by law, on July 1, 2025, or as soon thereafter as |
26 | | practical, the State Comptroller shall direct and the State |
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1 | | Treasurer shall transfer the sum of $100,000 from the General |
2 | | Revenue Fund to the Grant Accountability and Transparency |
3 | | Fund. |
4 | | In addition to any other transfers that may be provided |
5 | | for by law, on July 1, 2025, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer the sum of $5,000,000 from the |
8 | | General Revenue Fund to the DHS State Projects Fund. |
9 | | In addition to any other transfers that may be provided |
10 | | for by law, on July 1, 2025, or as soon thereafter as |
11 | | practical, the State Comptroller shall direct and the State |
12 | | Treasurer shall transfer the sum of $4,000,000 from the |
13 | | Capital Projects Fund to the Capital Development Board |
14 | | Revolving Fund. |
15 | | In addition to any other transfers that may be provided |
16 | | for by law, on July 1, 2025, or as soon thereafter as |
17 | | practical, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer the sum of $15,000,000 from the |
19 | | Criminal Justice Information Projects Fund to the Department |
20 | | of Human Services Community Services Fund. |
21 | | In addition to any other transfers that may be provided |
22 | | for by law, on July 1, 2025, or as soon thereafter as |
23 | | practical, the State Comptroller shall direct and the State |
24 | | Treasurer shall transfer the sum of $5,000,000 from the |
25 | | Underground Storage Tank Fund to the Brownfields Redevelopment |
26 | | Fund. |
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1 | | In addition to any other transfers that may be provided |
2 | | for by law, on July 1, 2025, or as soon thereafter as |
3 | | practical, the State Comptroller shall direct and the State |
4 | | Treasurer shall transfer the sum of $10,000,000 from the State |
5 | | Police Services Fund to the State Police Operations Assistance |
6 | | Fund. |
7 | | In addition to any other transfers that may be provided |
8 | | for by law, on the effective date of this amendatory Act of the |
9 | | 104th General Assembly or as soon thereafter as practical, but |
10 | | no later than June 30, 2025, the State Comptroller shall |
11 | | direct and the State Treasurer shall transfer $200,000,000 |
12 | | from the General Revenue Fund to the Technology Management |
13 | | Revolving Fund. |
14 | | In addition to any other transfers that may be provided |
15 | | for by law, on July 1, 2025, or as soon thereafter as |
16 | | practical, the State Comptroller shall direct and the State |
17 | | Treasurer shall transfer $3,000,000 from the Compassionate Use |
18 | | of Medical Cannabis Fund to the Department of Human Services |
19 | | Community Services Fund. |
20 | | In addition to any other transfers that may be provided |
21 | | for by law, on July 1, 2025, or as soon thereafter as |
22 | | practical, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer $75,000,000 from the General Revenue |
24 | | Fund to the Tier 2 SSWB Reserve Fund. |
25 | | In addition to any other transfers that may be provided |
26 | | for by law, on July 1, 2025, or as soon thereafter as |
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1 | | practical, the State Comptroller shall direct and the State |
2 | | Treasurer shall transfer $6,000,000 from the Illinois |
3 | | Agricultural Loan Guarantee Fund to the General Revenue Fund. |
4 | | In addition to any other transfers that may be provided |
5 | | for by law, on July 1, 2025, or as soon thereafter as |
6 | | practical, the State Comptroller shall direct and the State |
7 | | Treasurer shall transfer $4,000,000 from the Illinois Farmer |
8 | | and Agribusiness Loan Guarantee Fund to the General Revenue |
9 | | Fund. |
10 | | In addition to any other transfers that may be provided |
11 | | for by law, on July 1, 2025, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer $20,000,000 from the Insurance |
14 | | Producer Administration Fund to the General Revenue Fund. |
15 | | In addition to any other transfers that may be provided |
16 | | for by law, on July 1, 2025, or as soon thereafter as |
17 | | practical, the State Comptroller shall direct and the State |
18 | | Treasurer shall transfer the sum of $12,500,000 from the |
19 | | Compassionate Use of Medical Cannabis Fund to the Statewide |
20 | | 9-8-8 Trust Fund. Beginning June 30, 2026, at the direction of |
21 | | the Secretary of Human Services, the State Comptroller shall |
22 | | direct and the State Treasurer shall transfer the sum of |
23 | | $12,500,000 from the Statewide 9-8-8 Trust Fund to the |
24 | | Compassionate Use of Medical Cannabis Fund. |
25 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
26 | | 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700, |
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1 | | Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23; |
2 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)
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3 | | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) |
4 | | Sec. 13.2. Transfers among line item appropriations. |
5 | | (a) Transfers among line item appropriations from the same |
6 | | treasury fund for the objects specified in this Section may be |
7 | | made in the manner provided in this Section when the balance |
8 | | remaining in one or more such line item appropriations is |
9 | | insufficient for the purpose for which the appropriation was |
10 | | made. |
11 | | (a-1) No transfers may be made from one agency to another |
12 | | agency, nor may transfers be made from one institution of |
13 | | higher education to another institution of higher education |
14 | | except as provided by subsections subsection (a-4) and (a-5) . |
15 | | (a-2) Except as otherwise provided in this Section, |
16 | | transfers may be made only among the objects of expenditure |
17 | | enumerated in this Section, except that no funds may be |
18 | | transferred from any appropriation for personal services, from |
19 | | any appropriation for State contributions to the State |
20 | | Employees' Retirement System, from any separate appropriation |
21 | | for employee retirement contributions paid by the employer, |
22 | | nor from any appropriation for State contribution for employee |
23 | | group insurance. |
24 | | (a-2.5) (Blank). |
25 | | (a-3) Further, if an agency receives a separate |
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1 | | appropriation for employee retirement contributions paid by |
2 | | the employer, any transfer by that agency into an |
3 | | appropriation for personal services must be accompanied by a |
4 | | corresponding transfer into the appropriation for employee |
5 | | retirement contributions paid by the employer, in an amount |
6 | | sufficient to meet the employer share of the employee |
7 | | contributions required to be remitted to the retirement |
8 | | system. |
9 | | (a-4) Long-Term Care Rebalancing. The Governor may |
10 | | designate amounts set aside for institutional services |
11 | | appropriated from the General Revenue Fund or any other State |
12 | | fund that receives monies for long-term care services to be |
13 | | transferred to all State agencies responsible for the |
14 | | administration of community-based long-term care programs, |
15 | | including, but not limited to, community-based long-term care |
16 | | programs administered by the Department of Healthcare and |
17 | | Family Services, the Department of Human Services, and the |
18 | | Department on Aging, provided that the Director of Healthcare |
19 | | and Family Services first certifies that the amounts being |
20 | | transferred are necessary for the purpose of assisting persons |
21 | | in or at risk of being in institutional care to transition to |
22 | | community-based settings, including the financial data needed |
23 | | to prove the need for the transfer of funds. The total amounts |
24 | | transferred shall not exceed 4% in total of the amounts |
25 | | appropriated from the General Revenue Fund or any other State |
26 | | fund that receives monies for long-term care services for each |
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1 | | fiscal year. A notice of the fund transfer must be made to the |
2 | | General Assembly and posted at a minimum on the Department of |
3 | | Healthcare and Family Services website, the Governor's Office |
4 | | of Management and Budget website, and any other website the |
5 | | Governor sees fit. These postings shall serve as notice to the |
6 | | General Assembly of the amounts to be transferred. Notice |
7 | | shall be given at least 30 days prior to transfer. |
8 | | (a-5) Early Childhood Rebalancing. Notwithstanding any |
9 | | other provision of this Section, during State fiscal year 2026 |
10 | | only, the Governor may designate amounts set aside for any |
11 | | costs of the Department of Early Childhood appropriated from |
12 | | the General Revenue Fund to be transferred to the Department |
13 | | of Early Childhood or to the Department of Human Services, |
14 | | provided that both (i) the Secretary of Early Childhood or the |
15 | | Secretary of Early Childhood's designee and (ii) the Secretary |
16 | | of Human Services or the Secretary of Human Services' |
17 | | designee, first certify that the amounts being transferred are |
18 | | necessary for achieving the purposes of the Department of |
19 | | Early Childhood Act. The Governor shall provide notice of any |
20 | | transfers under this subsection (a-5) to the State Comptroller |
21 | | as provided in subsection (d). |
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 |
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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). |
12 | | (c-10) (Blank). Special provisions for State fiscal year |
13 | | 2024. Notwithstanding any other provision of this Section, for |
14 | | State fiscal year 2024, transfers among line item |
15 | | appropriations to a State agency from the same State treasury |
16 | | fund may be made for operational or lump sum expenses only, |
17 | | provided that the sum of such transfers for a State agency in |
18 | | State fiscal year 2024 shall not exceed 8% of the aggregate |
19 | | amount appropriated to that State agency for operational or |
20 | | lump sum expenses for State fiscal year 2024. For the purpose |
21 | | of this subsection, "operational or lump sum expenses" |
22 | | includes the following objects: personal services; extra help; |
23 | | student and inmate compensation; State contributions to |
24 | | retirement systems; State contributions to social security; |
25 | | State contributions for employee group insurance; contractual |
26 | | services; travel; commodities; printing; equipment; electronic |
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1 | | data processing; operation of automotive equipment; |
2 | | telecommunications services; travel and allowance for |
3 | | committed, paroled, and discharged prisoners; library books; |
4 | | federal matching grants for student loans; refunds; workers' |
5 | | compensation, occupational disease, and tort claims; late |
6 | | interest penalties under the State Prompt Payment Act and |
7 | | Sections 368a and 370a of the Illinois Insurance Code; lump |
8 | | sum and other purposes; and lump sum operations. For the |
9 | | purpose of this subsection, "State agency" does not include |
10 | | the Attorney General, the Comptroller, the Treasurer, or the |
11 | | judicial or legislative branches. |
12 | | (c-11) Special provisions for State fiscal year 2025. |
13 | | Notwithstanding any other provision of this Section, for State |
14 | | fiscal year 2025, transfers among line item appropriations to |
15 | | a State agency from the same State treasury fund may be made |
16 | | for operational or lump sum expenses only, provided that the |
17 | | sum of such transfers for a State agency in State fiscal year |
18 | | 2025 shall not exceed 4% of the aggregate amount appropriated |
19 | | to that State agency for operational or lump sum expenses for |
20 | | State fiscal year 2025. For the purpose of this subsection, |
21 | | "operational or lump sum expenses" includes the following |
22 | | objects: personal services; extra help; student and inmate |
23 | | compensation; State contributions to retirement systems; State |
24 | | contributions to social security; State contributions for |
25 | | employee group insurance; contractual services; travel; |
26 | | commodities; printing; equipment; electronic data processing; |
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1 | | operation of automotive equipment; telecommunications |
2 | | services; travel and allowance for committed, paroled, and |
3 | | discharged prisoners; library books; federal matching grants |
4 | | for student loans; refunds; workers' compensation, |
5 | | occupational disease, and tort claims; late interest penalties |
6 | | under the State Prompt Payment Act and Sections 368a and 370a |
7 | | of the Illinois Insurance Code; lump sum and other purposes; |
8 | | and lump sum operations. For the purpose of this subsection, |
9 | | "State agency" does not include the Attorney General, the |
10 | | Comptroller, the Treasurer, or the judicial or legislative |
11 | | branches. |
12 | | (c-12) Special provisions for State fiscal year 2026. |
13 | | Notwithstanding any other provision of this Section, for State |
14 | | fiscal year 2026, transfers among line item appropriations to |
15 | | a State agency from the same State treasury fund may be made |
16 | | for operational or lump sum expenses only, provided that the |
17 | | sum of such transfers for a State agency in State fiscal year |
18 | | 2025 shall not exceed 4% of the aggregate amount appropriated |
19 | | to that State agency for operational or lump sum expenses for |
20 | | State fiscal year 2026. For the purpose of this subsection, |
21 | | "operational or lump sum expenses" includes the following |
22 | | objects: personal services; extra help; student and inmate |
23 | | compensation; State contributions to retirement systems; State |
24 | | contributions to social security; State contributions for |
25 | | employee group insurance; contractual services; travel; |
26 | | commodities; printing; equipment; electronic data processing; |
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1 | | operation of automotive equipment; telecommunications |
2 | | services; travel and allowance for committed, paroled, and |
3 | | discharged prisoners; library books; federal matching grants |
4 | | for student loans; refunds; workers' compensation, |
5 | | occupational disease, and tort claims; late interest penalties |
6 | | under the State Prompt Payment Act and Sections 368a and 370a |
7 | | of the Illinois Insurance Code; lump sum and other purposes; |
8 | | and lump sum operations. For the purpose of this subsection, |
9 | | "State agency" does not include the Attorney General, the |
10 | | Comptroller, the Treasurer, or the judicial or legislative |
11 | | branches. |
12 | | (d) Transfers among appropriations made to agencies of the |
13 | | Legislative and Judicial departments and to the |
14 | | constitutionally elected officers in the Executive branch |
15 | | require the approval of the officer authorized in Section 10 |
16 | | of this Act to approve and certify vouchers. Transfers among |
17 | | appropriations made to the University of Illinois, Southern |
18 | | Illinois University, Chicago State University, Eastern |
19 | | Illinois University, Governors State University, Illinois |
20 | | State University, Northeastern Illinois University, Northern |
21 | | Illinois University, Western Illinois University, the Illinois |
22 | | Mathematics and Science Academy and the Board of Higher |
23 | | Education require the approval of the Board of Higher |
24 | | Education and the Governor. Transfers among appropriations to |
25 | | all other agencies require the approval of the Governor. |
26 | | The officer responsible for approval shall certify that |
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1 | | the transfer is necessary to carry out the programs and |
2 | | purposes for which the appropriations were made by the General |
3 | | Assembly and shall transmit to the State Comptroller a |
4 | | certified copy of the approval which shall set forth the |
5 | | specific amounts transferred so that the Comptroller may |
6 | | change his records accordingly. The Comptroller shall furnish |
7 | | the Governor with information copies of all transfers approved |
8 | | for agencies of the Legislative and Judicial departments and |
9 | | transfers approved by the constitutionally elected officials |
10 | | of the Executive branch other than the Governor, showing the |
11 | | amounts transferred and indicating the dates such changes were |
12 | | entered on the Comptroller's records. |
13 | | (e) The State Board of Education, in consultation with the |
14 | | State Comptroller, may transfer line item appropriations for |
15 | | General State Aid or Evidence-Based Funding among the Common |
16 | | School Fund and the Education Assistance Fund, and, for State |
17 | | fiscal year 2020 and each fiscal year thereafter, the Fund for |
18 | | the Advancement of Education. With the advice and consent of |
19 | | the Governor's Office of Management and Budget, the State |
20 | | Board of Education, in consultation with the State |
21 | | Comptroller, may transfer line item appropriations between the |
22 | | General Revenue Fund and the Education Assistance Fund for the |
23 | | following programs: |
24 | | (1) Disabled Student Personnel Reimbursement (Section |
25 | | 14-13.01 of the School Code); |
26 | | (2) Disabled Student Transportation Reimbursement |
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1 | | (subsection (b) of Section 14-13.01 of the School Code); |
2 | | (3) Disabled Student Tuition - Private Tuition |
3 | | (Section 14-7.02 of the School Code); |
4 | | (4) Extraordinary Special Education (Section 14-7.02b |
5 | | of the School Code); |
6 | | (5) Reimbursement for Free Lunch/Breakfast Programs; |
7 | | (6) Summer School Payments (Section 18-4.3 of the |
8 | | School Code); |
9 | | (7) Transportation - Regular/Vocational Reimbursement |
10 | | (Section 29-5 of the School Code); |
11 | | (8) Regular Education Reimbursement (Section 18-3 of |
12 | | the School Code); and |
13 | | (9) Special Education Reimbursement (Section 14-7.03 |
14 | | of the School Code). |
15 | | (f) For State fiscal year 2020 and each fiscal year |
16 | | thereafter, the Department on Aging, in consultation with the |
17 | | State Comptroller, with the advice and consent of the |
18 | | Governor's Office of Management and Budget, may transfer line |
19 | | item appropriations for purchase of services covered by the |
20 | | Community Care Program between the General Revenue Fund and |
21 | | the Commitment to Human Services Fund. |
22 | | (g) For State fiscal year 2024 and each fiscal year |
23 | | thereafter, if requested by an agency chief executive officer |
24 | | and authorized and approved by the Comptroller, the |
25 | | Comptroller may direct and the Treasurer shall transfer funds |
26 | | from the General Revenue Fund to fund payroll expenses that |
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1 | | meet the payroll transaction exception criteria as defined by |
2 | | the Comptroller in the Statewide Accounting Management System |
3 | | (SAMS) Manual. The agency shall then transfer these funds back |
4 | | to the General Revenue Fund within 30 7 days. |
5 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
6 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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7 | | Section 5-35. The State Revenue Sharing Act is amended by |
8 | | changing Section 12 as follows:
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9 | | (30 ILCS 115/12) (from Ch. 85, par. 616) |
10 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
11 | | hereby created the Personal Property Tax Replacement Fund, a |
12 | | special fund in the State Treasury into which shall be paid all |
13 | | revenue realized: |
14 | | (a) all amounts realized from the additional personal |
15 | | property tax replacement income tax imposed by subsections |
16 | | (c) and (d) of Section 201 of the Illinois Income Tax Act, |
17 | | except for those amounts deposited into the Income Tax |
18 | | Refund Fund pursuant to subsection (c) of Section 901 of |
19 | | the Illinois Income Tax Act; and |
20 | | (b) all amounts realized from the additional personal |
21 | | property replacement invested capital taxes imposed by |
22 | | Section 2a.1 of the Messages Tax Act, Section 2a.1 of the |
23 | | Gas Revenue Tax Act, Section 2a.1 of the Public Utilities |
24 | | Revenue Act, and Section 3 of the Water Company Invested |
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1 | | Capital Tax Act, and amounts payable to the Department of |
2 | | Revenue under the Telecommunications Infrastructure |
3 | | Maintenance Fee Act. |
4 | | As soon as may be after the end of each month, the |
5 | | Department of Revenue shall certify to the Treasurer and the |
6 | | Comptroller the amount of all refunds paid out of the General |
7 | | Revenue Fund through the preceding month on account of |
8 | | overpayment of liability on taxes paid into the Personal |
9 | | Property Tax Replacement Fund. Upon receipt of such |
10 | | certification, the Treasurer and the Comptroller shall |
11 | | transfer the amount so certified from the Personal Property |
12 | | Tax Replacement Fund into the General Revenue Fund. |
13 | | The payments of revenue into the Personal Property Tax |
14 | | Replacement Fund shall be used exclusively for distribution to |
15 | | taxing districts, regional offices and officials, and local |
16 | | officials as provided in this Section and in the School Code, |
17 | | payment of the ordinary and contingent expenses of the |
18 | | Property Tax Appeal Board, payment of the expenses of the |
19 | | Department of Revenue incurred in administering the collection |
20 | | and distribution of monies paid into the Personal Property Tax |
21 | | Replacement Fund and transfers due to refunds to taxpayers for |
22 | | overpayment of liability for taxes paid into the Personal |
23 | | Property Tax Replacement Fund. |
24 | | In addition, moneys in the Personal Property Tax |
25 | | Replacement Fund may be used to pay any of the following: (i) |
26 | | salary, stipends, and additional compensation as provided by |
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1 | | law for chief election clerks, county clerks, and county |
2 | | recorders; (ii) costs associated with regional offices of |
3 | | education and educational service centers; (iii) |
4 | | reimbursements payable by the State Board of Elections under |
5 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
6 | | Election Code; (iv) expenses of the Illinois Educational Labor |
7 | | Relations Board; and (v) salary, personal services, and |
8 | | additional compensation as provided by law for court reporters |
9 | | under the Court Reporters Act. |
10 | | As soon as may be after June 26, 1980 (the effective date |
11 | | of Public Act 81-1255), the Department of Revenue shall |
12 | | certify to the Treasurer the amount of net replacement revenue |
13 | | paid into the General Revenue Fund prior to that effective |
14 | | date from the additional tax imposed by Section 2a.1 of the |
15 | | Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act; |
16 | | Section 2a.1 of the Public Utilities Revenue Act; Section 3 of |
17 | | the Water Company Invested Capital Tax Act; amounts collected |
18 | | by the Department of Revenue under the Telecommunications |
19 | | Infrastructure Maintenance Fee Act; and the additional |
20 | | personal property tax replacement income tax imposed by the |
21 | | Illinois Income Tax Act, as amended by Public Act 81-1st |
22 | | Special Session-1. Net replacement revenue shall be defined as |
23 | | the total amount paid into and remaining in the General |
24 | | Revenue Fund as a result of those Acts minus the amount |
25 | | outstanding and obligated from the General Revenue Fund in |
26 | | state vouchers or warrants prior to June 26, 1980 (the |
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1 | | effective date of Public Act 81-1255) as refunds to taxpayers |
2 | | for overpayment of liability under those Acts. |
3 | | All interest earned by monies accumulated in the Personal |
4 | | Property Tax Replacement Fund shall be deposited into in such |
5 | | Fund. All amounts allocated pursuant to this Section are |
6 | | appropriated on a continuing basis. |
7 | | Prior to December 31, 1980, as soon as may be after the end |
8 | | of each quarter beginning with the quarter ending December 31, |
9 | | 1979, and on and after December 31, 1980, as soon as may be |
10 | | after January 1, March 1, April 1, May 1, July 1, August 1, |
11 | | October 1 and December 1 of each year, the Department of |
12 | | Revenue shall allocate to each taxing district as defined in |
13 | | Section 1-150 of the Property Tax Code, in accordance with the |
14 | | provisions of paragraph (2) of this Section the portion of the |
15 | | funds held in the Personal Property Tax Replacement Fund which |
16 | | is required to be distributed, as provided in paragraph (1), |
17 | | for each quarter. Provided, however, under no circumstances |
18 | | shall any taxing district during each of the first 2 two years |
19 | | of distribution of the taxes imposed by Public Act 81-1st |
20 | | Special Session-1 be entitled to an annual allocation which is |
21 | | less than the funds such taxing district collected from the |
22 | | 1978 personal property tax. Provided further that under no |
23 | | circumstances shall any taxing district during the third year |
24 | | of distribution of the taxes imposed by Public Act 81-1st |
25 | | Special Session-1 receive less than 60% of the funds such |
26 | | taxing district collected from the 1978 personal property tax. |
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1 | | In the event that the total of the allocations made as above |
2 | | provided for all taxing districts, during either of such 3 |
3 | | years, exceeds the amount available for distribution the |
4 | | allocation of each taxing district shall be proportionately |
5 | | reduced. Except as provided in Section 13 of this Act, the |
6 | | Department shall then certify, pursuant to appropriation, such |
7 | | allocations to the State Comptroller who shall pay over to the |
8 | | several taxing districts the respective amounts allocated to |
9 | | them. |
10 | | Any township which receives an allocation based in whole |
11 | | or in part upon personal property taxes which it levied |
12 | | pursuant to Section 6-507 or 6-512 of the Illinois Highway |
13 | | Code and which was previously required to be paid over to a |
14 | | municipality shall immediately pay over to that municipality a |
15 | | proportionate share of the personal property replacement funds |
16 | | which such township receives. |
17 | | Any municipality or township, other than a municipality |
18 | | with a population in excess of 500,000, which receives an |
19 | | allocation based in whole or in part on personal property |
20 | | taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of |
21 | | the Illinois Local Library Act and which was previously |
22 | | required to be paid over to a public library shall immediately |
23 | | pay over to that library a proportionate share of the personal |
24 | | property tax replacement funds which such municipality or |
25 | | township receives; provided that if such a public library has |
26 | | converted to a library organized under the Illinois Public |
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1 | | Library District Act, regardless of whether such conversion |
2 | | has occurred on, after or before January 1, 1988, such |
3 | | proportionate share shall be immediately paid over to the |
4 | | library district which maintains and operates the library. |
5 | | However, any library that has converted prior to January 1, |
6 | | 1988, and which hitherto has not received the personal |
7 | | property tax replacement funds, shall receive such funds |
8 | | commencing on January 1, 1988. |
9 | | Any township which receives an allocation based in whole |
10 | | or in part on personal property taxes which it levied pursuant |
11 | | to Section 1c of the Public Graveyards Act and which taxes were |
12 | | previously required to be paid over to or used for such public |
13 | | cemetery or cemeteries shall immediately pay over to or use |
14 | | for such public cemetery or cemeteries a proportionate share |
15 | | of the personal property tax replacement funds which the |
16 | | township receives. |
17 | | Any taxing district which receives an allocation based in |
18 | | whole or in part upon personal property taxes which it levied |
19 | | for another governmental body or school district in Cook |
20 | | County in 1976 or for another governmental body or school |
21 | | district in the remainder of the State in 1977 shall |
22 | | immediately pay over to that governmental body or school |
23 | | district the amount of personal property replacement funds |
24 | | which such governmental body or school district would receive |
25 | | directly under the provisions of paragraph (2) of this |
26 | | Section, had it levied its own taxes. |
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1 | | (1) The portion of the Personal Property Tax |
2 | | Replacement Fund required to be distributed as of the time |
3 | | allocation is required to be made shall be the amount |
4 | | available in such Fund as of the time allocation is |
5 | | required to be made. |
6 | | The amount available for distribution shall be the |
7 | | total amount in the fund at such time minus the necessary |
8 | | administrative and other authorized expenses as limited by |
9 | | the appropriation and the amount determined by: (a) $2.8 |
10 | | million for fiscal year 1981; (b) for fiscal year 1982, |
11 | | .54% of the funds distributed from the fund during the |
12 | | preceding fiscal year; (c) for fiscal year 1983 through |
13 | | fiscal year 1988, .54% of the funds distributed from the |
14 | | fund during the preceding fiscal year less .02% of such |
15 | | fund for fiscal year 1983 and less .02% of such funds for |
16 | | each fiscal year thereafter; (d) for fiscal year 1989 |
17 | | through fiscal year 2011 no more than 105% of the actual |
18 | | administrative expenses of the prior fiscal year; (e) for |
19 | | fiscal year 2012 and beyond, a sufficient amount to pay |
20 | | (i) stipends, additional compensation, salary |
21 | | reimbursements, and other amounts directed to be paid out |
22 | | of this Fund for local officials as authorized or required |
23 | | by statute and (ii) the ordinary and contingent expenses |
24 | | of the Property Tax Appeal Board and the expenses of the |
25 | | Department of Revenue incurred in administering the |
26 | | collection and distribution of moneys paid into the Fund; |
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1 | | (f) for fiscal years 2012 and 2013 only, a sufficient |
2 | | amount to pay stipends, additional compensation, salary |
3 | | reimbursements, and other amounts directed to be paid out |
4 | | of this Fund for regional offices and officials as |
5 | | authorized or required by statute; or (g) for fiscal years |
6 | | 2018 through 2026 2025 only, a sufficient amount to pay |
7 | | amounts directed to be paid out of this Fund for public |
8 | | community college base operating grants and local health |
9 | | protection grants to certified local health departments as |
10 | | authorized or required by appropriation or statute ; and |
11 | | (h) for fiscal year 2026 only, a sufficient amount to pay |
12 | | amounts directed to be paid out of this Fund for costs |
13 | | associated with the Illinois Century Network and broadband |
14 | | projects as authorized or required by appropriation or |
15 | | statute . Such portion of the fund shall be determined |
16 | | after the transfer into the General Revenue Fund due to |
17 | | refunds, if any, paid from the General Revenue Fund during |
18 | | the preceding quarter. If at any time, for any reason, |
19 | | there is insufficient amount in the Personal Property Tax |
20 | | Replacement Fund for payments for regional offices and |
21 | | officials or local officials or payment of costs of |
22 | | administration or for transfers due to refunds at the end |
23 | | of any particular month, the amount of such insufficiency |
24 | | shall be carried over for the purposes of payments for |
25 | | regional offices and officials, local officials, transfers |
26 | | into the General Revenue Fund, and costs of administration |
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1 | | to the following month or months. Net replacement revenue |
2 | | held, and defined above, shall be transferred by the |
3 | | Treasurer and Comptroller to the Personal Property Tax |
4 | | Replacement Fund within 10 days of such certification. |
5 | | (2) Each quarterly allocation shall first be |
6 | | apportioned in the following manner: 51.65% for taxing |
7 | | districts in Cook County and 48.35% for taxing districts |
8 | | in the remainder of the State. |
9 | | The Personal Property Replacement Ratio of each taxing |
10 | | district outside Cook County shall be the ratio which the Tax |
11 | | Base of that taxing district bears to the Downstate Tax Base. |
12 | | The Tax Base of each taxing district outside of Cook County is |
13 | | the personal property tax collections for that taxing district |
14 | | for the 1977 tax year. The Downstate Tax Base is the personal |
15 | | property tax collections for all taxing districts in the State |
16 | | outside of Cook County for the 1977 tax year. The Department of |
17 | | Revenue shall have authority to review for accuracy and |
18 | | completeness the personal property tax collections for each |
19 | | taxing district outside Cook County for the 1977 tax year. |
20 | | The Personal Property Replacement Ratio of each Cook |
21 | | County taxing district shall be the ratio which the Tax Base of |
22 | | that taxing district bears to the Cook County Tax Base. The Tax |
23 | | Base of each Cook County taxing district is the personal |
24 | | property tax collections for that taxing district for the 1976 |
25 | | tax year. The Cook County Tax Base is the personal property tax |
26 | | collections for all taxing districts in Cook County for the |
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1 | | 1976 tax year. The Department of Revenue shall have authority |
2 | | to review for accuracy and completeness the personal property |
3 | | tax collections for each taxing district within Cook County |
4 | | for the 1976 tax year. |
5 | | For all purposes of this Section 12, amounts paid to a |
6 | | taxing district for such tax years as may be applicable by a |
7 | | foreign corporation under the provisions of Section 7-202 of |
8 | | the Public Utilities Act, as amended, shall be deemed to be |
9 | | personal property taxes collected by such taxing district for |
10 | | such tax years as may be applicable. The Director shall |
11 | | determine from the Illinois Commerce Commission, for any tax |
12 | | year as may be applicable, the amounts so paid by any such |
13 | | foreign corporation to any and all taxing districts. The |
14 | | Illinois Commerce Commission shall furnish such information to |
15 | | the Director. For all purposes of this Section 12, the |
16 | | Director shall deem such amounts to be collected personal |
17 | | property taxes of each such taxing district for the applicable |
18 | | tax year or years. |
19 | | Taxing districts located both in Cook County and in one or |
20 | | more other counties shall receive both a Cook County |
21 | | allocation and a Downstate allocation determined in the same |
22 | | way as all other taxing districts. |
23 | | If any taxing district in existence on July 1, 1979 ceases |
24 | | to exist, or discontinues its operations, its Tax Base shall |
25 | | thereafter be deemed to be zero. If the powers, duties and |
26 | | obligations of the discontinued taxing district are assumed by |
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1 | | another taxing district, the Tax Base of the discontinued |
2 | | taxing district shall be added to the Tax Base of the taxing |
3 | | district assuming such powers, duties and obligations. |
4 | | If 2 two or more taxing districts in existence on July 1, |
5 | | 1979, or a successor or successors thereto shall consolidate |
6 | | into one taxing district, the Tax Base of such consolidated |
7 | | taxing district shall be the sum of the Tax Bases of each of |
8 | | the taxing districts which have consolidated. |
9 | | If a single taxing district in existence on July 1, 1979, |
10 | | or a successor or successors thereto shall be divided into 2 |
11 | | two or more separate taxing districts, the tax base of the |
12 | | taxing district so divided shall be allocated to each of the |
13 | | resulting taxing districts in proportion to the then current |
14 | | equalized assessed value of each resulting taxing district. |
15 | | If a portion of the territory of a taxing district is |
16 | | disconnected and annexed to another taxing district of the |
17 | | same type, the Tax Base of the taxing district from which |
18 | | disconnection was made shall be reduced in proportion to the |
19 | | then current equalized assessed value of the disconnected |
20 | | territory as compared with the then current equalized assessed |
21 | | value within the entire territory of the taxing district prior |
22 | | to disconnection, and the amount of such reduction shall be |
23 | | added to the Tax Base of the taxing district to which |
24 | | annexation is made. |
25 | | If a community college district is created after July 1, |
26 | | 1979, beginning on January 1, 1996 (the effective date of |
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1 | | Public Act 89-327), its Tax Base shall be 3.5% of the sum of |
2 | | the personal property tax collected for the 1977 tax year |
3 | | within the territorial jurisdiction of the district. |
4 | | The amounts allocated and paid to taxing districts |
5 | | pursuant to the provisions of Public Act 81-1st Special |
6 | | Session-1 shall be deemed to be substitute revenues for the |
7 | | revenues derived from taxes imposed on personal property |
8 | | pursuant to the provisions of the "Revenue Act of 1939" or "An |
9 | | Act for the assessment and taxation of private car line |
10 | | companies", approved July 22, 1943, as amended, or Section 414 |
11 | | of the Illinois Insurance Code, prior to the abolition of such |
12 | | taxes and shall be used for the same purposes as the revenues |
13 | | derived from ad valorem taxes on real estate. |
14 | | Monies received by any taxing districts from the Personal |
15 | | Property Tax Replacement Fund shall be first applied toward |
16 | | payment of the proportionate amount of debt service which was |
17 | | previously levied and collected from extensions against |
18 | | personal property on bonds outstanding as of December 31, 1978 |
19 | | and next applied toward payment of the proportionate share of |
20 | | the pension or retirement obligations of the taxing district |
21 | | which were previously levied and collected from extensions |
22 | | against personal property. For each such outstanding bond |
23 | | issue, the County Clerk shall determine the percentage of the |
24 | | debt service which was collected from extensions against real |
25 | | estate in the taxing district for 1978 taxes payable in 1979, |
26 | | as related to the total amount of such levies and collections |
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1 | | from extensions against both real and personal property. For |
2 | | 1979 and subsequent years' taxes, the County Clerk shall levy |
3 | | and extend taxes against the real estate of each taxing |
4 | | district which will yield the said percentage or percentages |
5 | | of the debt service on such outstanding bonds. The balance of |
6 | | the amount necessary to fully pay such debt service shall |
7 | | constitute a first and prior lien upon the monies received by |
8 | | each such taxing district through the Personal Property Tax |
9 | | Replacement Fund and shall be first applied or set aside for |
10 | | such purpose. In counties having fewer than 3,000,000 |
11 | | inhabitants, the amendments to this paragraph as made by |
12 | | Public Act 81-1255 shall be first applicable to 1980 taxes to |
13 | | be collected in 1981. |
14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
15 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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16 | | Section 5-40. The Agricultural Fair Act is amended by |
17 | | changing Sections 9, 13, 17, 18, and 20 as follows:
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18 | | (30 ILCS 120/9) (from Ch. 85, par. 659) |
19 | | Sec. 9. Premiums. The formulas for distributing monies |
20 | | from the Agricultural Premium Fund or the Fair and Exposition |
21 | | Fund pursuant to subsection (b) of Section 17 to eligible |
22 | | county fairs shall be contingent upon the following |
23 | | provisions: |
24 | | (a) Of the total amount of premiums which are to be |
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1 | | paid to persons for exhibitions at its annual fair for the |
2 | | current year for exhibits of any events related to |
3 | | agriculture including horticulture, flora culture, |
4 | | poultry, livestock, light horses, harness-racing and |
5 | | running horse races, rodeos, and domestic and mechanical |
6 | | arts, no one department or class shall be paid premiums |
7 | | awarded in excess of 30% of the total premiums awarded by |
8 | | the county fair except those departments or classes |
9 | | limited to junior exhibitors. Harness horse races and |
10 | | running horse races shall be considered as one department. |
11 | | (b) (Blank). |
12 | | (c) A reasonable entry fee for all classes may be |
13 | | charged which will not exceed the maximum limit as |
14 | | established by the Department. |
15 | | (d) No part of any appropriation made for the benefit |
16 | | of county fairs shall be used in payment for personnel or |
17 | | acts which are solely for the entertainment of persons |
18 | | attending the fair or for acts which have been hired or |
19 | | contracted for by the fair, except events related to |
20 | | agriculture, including tractor pulls, truck pulls, rodeos |
21 | | and other acts which may be exempt in the judgment of the |
22 | | Director. |
23 | | (e) Prizes awarded for light horses, and for |
24 | | harness-racing and running horses shall be payable from |
25 | | such appropriation. |
26 | | (Source: P.A. 94-261, eff. 1-1-06.)
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1 | | (30 ILCS 120/13) (from Ch. 85, par. 663) |
2 | | Sec. 13. Rehabilitation. Except as otherwise allowed by |
3 | | the Director, to qualify for disbursements made by the |
4 | | Department from an appropriation made under the provisions of |
5 | | this Section, the land on which the fair is held must be owned |
6 | | by the county fair board participating in this disbursement or |
7 | | by a State, city, village, or county government body, or be |
8 | | held under a lease that is at least 20 years in duration, the |
9 | | terms of which require the lessee to have continuous |
10 | | possession of the land during every day of the lease period. No |
11 | | county fair shall qualify for disbursements made by the |
12 | | Department from an appropriation made under the provisions of |
13 | | this Section unless it shall have notified the Department in |
14 | | writing of its intent to participate prior to obligating any |
15 | | funds for which reimbursement will be requested. Each county |
16 | | fair shall be reimbursed annually for that part of the amount |
17 | | expended by the fair during the year for liability and |
18 | | casualty insurance, as provided in this Section, and the |
19 | | rehabilitation of its grounds, including major construction |
20 | | projects and minor maintenance and repair projects; as |
21 | | follows: |
22 | | 100% of the first $5,000 or any part thereof; |
23 | | 75% of the next $20,000 or any part thereof; |
24 | | 50% of the next $20,000 or any part thereof. |
25 | | The lesser of either $20,000 or 50% of the amount received |
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1 | | by a county fair pursuant to this Section may be expended for |
2 | | liability and casualty insurance. |
3 | | The maximum amount the DeWitt County Fair may be |
4 | | reimbursed in each of fiscal years 2022 and 2023, subject to |
5 | | appropriation, is $13,250. |
6 | | If a county fair expends more than is needed in any year |
7 | | for approved projects to maximize State reimbursement under |
8 | | this Section and provides itemized receipts and other evidence |
9 | | of expenditures for that year, any excess may be carried over |
10 | | to the succeeding year. The amount carried over shall |
11 | | constitute a claim for reimbursement for a subsequent period |
12 | | not to exceed 7 years as long as funds are available. |
13 | | Before June 30 of each year, the president and secretary |
14 | | of each county fair which has participated in this program |
15 | | shall file with the Department a sworn statement of the amount |
16 | | expended during the period July 1 to June 30 of the State's |
17 | | fiscal year, accompanied by itemized receipted bills and other |
18 | | evidence of expenditures. If the Department approves the |
19 | | claim, the State Comptroller is authorized and directed to |
20 | | draw a warrant payable from the Agricultural Premium Fund or |
21 | | the Fair and Exposition Fund pursuant to subsection (b) of |
22 | | Section 17 on the State Treasurer for the amount of the |
23 | | rehabilitation claims. |
24 | | If after all claims are paid, there remains any amount of |
25 | | the appropriation for rehabilitation, the remaining amount |
26 | | shall be distributed as a grant to the participating fairs |
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1 | | qualifying for the maximum reimbursement and shall be |
2 | | distributed to the eligible fairs on an equal basis not to |
3 | | exceed each eligible fair's pro rata share granted in this |
4 | | paragraph. A sworn statement of the amount expended |
5 | | accompanied by the itemized receipted bills as evidence of |
6 | | expenditure must be filed with the Department by June 30 of |
7 | | each year. |
8 | | (Source: P.A. 102-699, eff. 4-19-22.)
|
9 | | (30 ILCS 120/17) (from Ch. 85, par. 667) |
10 | | Sec. 17. Fair and expositions. |
11 | | (a) Any county fair eligible to participate in |
12 | | appropriations made from the Agricultural Premium Fund may |
13 | | elect instead in any odd numbered year to participate in the |
14 | | appropriation from the Fair and Exposition Fund. The |
15 | | Department must be notified of such election by January 1 of |
16 | | the year of participation in that fund. Any such election |
17 | | shall be binding for 4 calendar years. No county fair may |
18 | | choose to shall participate for the same calendar year in |
19 | | appropriations under both this Fund and the Agricultural |
20 | | Premium Fund. |
21 | | (b) Notwithstanding the provisions of this Section, during |
22 | | State fiscal year 2026 only and regardless of prior elections |
23 | | under this Section, the Department may make payments to county |
24 | | fairs from the Fair and Exposition Fund for amounts otherwise |
25 | | payable under this Act from the Agricultural Premium Fund, |
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1 | | subject to the same conditions as if the moneys were paid from |
2 | | the Agricultural Premium Fund, and receipt of such payments |
3 | | from the Fair and Exposition Fund shall not affect the county |
4 | | fair's prior election under this Section. |
5 | | In counties where a Fair and Exposition Authority |
6 | | participated in 1999, the Fair and Exposition Authority shall |
7 | | transfer all remaining funds to the county fair in such county |
8 | | within 30 days of the effective date of this amendatory Act of |
9 | | the 99th General Assembly. Upon the transfer of such funds to |
10 | | the county fair, the terms of the Authority's members shall |
11 | | terminate and the Authority shall cease to exist. |
12 | | (Source: P.A. 99-183, eff. 7-29-15.)
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13 | | (30 ILCS 120/18) (from Ch. 85, par. 668) |
14 | | Sec. 18. Money shall be paid into the Fair and Exposition |
15 | | Fund by the Illinois Racing Board, as provided in Section 28 of |
16 | | the Illinois Horse Racing Act of 1975. The General Assembly |
17 | | shall from time to time make appropriations payable from such |
18 | | fund to the Department for distribution to county fairs. Such |
19 | | appropriations shall be distributed by the Department to (i) |
20 | | county fairs which are eligible to participate in |
21 | | appropriations made from the Agricultural Premium Fund but |
22 | | which elect instead to participate in appropriations made from |
23 | | the Fair and Exposition Fund and (ii) county fairs that |
24 | | participate in the Agricultural Premium Fund under Section 17 |
25 | | but which receive moneys from the Fair and Exposition Fund |
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1 | | under subsection (b) of Section 17 . If a county has more than |
2 | | one county fair, such fairs shall jointly elect to participate |
3 | | either in appropriations made from the Agricultural Premium |
4 | | Fund or in appropriations made from the Fair and Exposition |
5 | | Fund. All participating county fairs of the same county shall |
6 | | participate in the same appropriation. Except as otherwise |
7 | | allowed by the Director, a participant, to be eligible to |
8 | | expend moneys appropriated from the Fair and Exposition Fund |
9 | | for the purchase of new or additional land construction or |
10 | | maintenance of buildings, grounds, facilities, infrastructure, |
11 | | or any improvement to the grounds must hold the land on which |
12 | | such fair or exposition is to be conducted as a fee or under a |
13 | | lease of at least 20 years, the terms of which require the |
14 | | lessee to have continuous possession of the land during every |
15 | | day of the lease period, or must be owned by the fair |
16 | | association participating in this disbursement, by an |
17 | | agricultural society, or by a fair and exposition authority. |
18 | | (Source: P.A. 99-183, eff. 7-29-15.)
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19 | | (30 ILCS 120/20) (from Ch. 85, par. 670) |
20 | | Sec. 20. Appropriations made from the Fair and Exposition |
21 | | Fund may be used for financing agricultural, educational, |
22 | | trade and scientific exhibits; for premium and award purposes |
23 | | as set forth in subsections (a) through (e) of Section 9; for |
24 | | premiums to agricultural extensions or 4-H clubs; for premiums |
25 | | to vocational agriculture section fairs; for rehabilitation of |
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1 | | county fairgrounds; for distribution to encourage and aid |
2 | | county fairs and other agricultural societies; for grants and |
3 | | other purposes for county fair and State Fair horse racing; |
4 | | and for other expenses incurred by the fair that are directly |
5 | | related to the operation of the fair and approved by rule by |
6 | | the Department if the participant holds the land on which the |
7 | | fair or exposition is conducted as a fee or is under a lease of |
8 | | at least 20 years (the terms of which require the lessee to |
9 | | have continuous possession of the land during every day of the |
10 | | lease period), or is owned by the fair association |
11 | | participating in this disbursement, by an agricultural |
12 | | society, or by a fair and exposition authority, except as |
13 | | otherwise allowed by the Director. |
14 | | (Source: P.A. 94-261, eff. 1-1-06.)
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15 | | Section 5-42. The Illinois Procurement Code is amended by |
16 | | changing Sections 1-10, 1-15.15, and 10-20 as follows:
|
17 | | (30 ILCS 500/1-10) |
18 | | Sec. 1-10. Application. |
19 | | (a) This Code applies only to procurements for which |
20 | | bidders, offerors, potential contractors, or contractors were |
21 | | first solicited on or after July 1, 1998. This Code shall not |
22 | | be construed to affect or impair any contract, or any |
23 | | provision of a contract, entered into based on a solicitation |
24 | | prior to the implementation date of this Code as described in |
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1 | | Article 99, including, but not limited to, any covenant |
2 | | entered into with respect to any revenue bonds or similar |
3 | | instruments. All procurements for which contracts are |
4 | | solicited between the effective date of Articles 50 and 99 and |
5 | | July 1, 1998 shall be substantially in accordance with this |
6 | | Code and its intent. |
7 | | (b) This Code shall apply regardless of the source of the |
8 | | funds with which the contracts are paid, including federal |
9 | | assistance moneys. This Code shall not apply to: |
10 | | (1) Contracts between the State and its political |
11 | | subdivisions or other governments, or between State |
12 | | governmental bodies, except as specifically provided in |
13 | | this Code. |
14 | | (2) Grants, except for the filing requirements of |
15 | | Section 20-80. |
16 | | (3) Purchase of care, except as provided in Section |
17 | | 5-30.6 of the Illinois Public Aid Code and this Section. |
18 | | (4) Hiring of an individual as an employee and not as |
19 | | an independent contractor, whether pursuant to an |
20 | | employment code or policy or by contract directly with |
21 | | that individual. |
22 | | (5) Collective bargaining contracts. |
23 | | (6) Purchase of real estate, except that notice of |
24 | | this type of contract with a value of more than $25,000 |
25 | | must be published in the Procurement Bulletin within 10 |
26 | | calendar days after the deed is recorded in the county of |
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1 | | jurisdiction. The notice shall identify the real estate |
2 | | purchased, the names of all parties to the contract, the |
3 | | value of the contract, and the effective date of the |
4 | | contract. |
5 | | (7) Contracts necessary to prepare for anticipated |
6 | | litigation, enforcement actions, or investigations, |
7 | | provided that the chief legal counsel to the Governor |
8 | | shall give his or her prior approval when the procuring |
9 | | agency is one subject to the jurisdiction of the Governor, |
10 | | and provided that the chief legal counsel of any other |
11 | | procuring entity subject to this Code shall give his or |
12 | | her prior approval when the procuring entity is not one |
13 | | subject to the jurisdiction of the Governor. |
14 | | (8) (Blank). |
15 | | (9) Procurement expenditures by the Illinois |
16 | | Conservation Foundation when only private funds are used. |
17 | | (10) (Blank). |
18 | | (11) Public-private agreements entered into according |
19 | | to the procurement requirements of Section 20 of the |
20 | | Public-Private Partnerships for Transportation Act and |
21 | | design-build agreements entered into according to the |
22 | | procurement requirements of Section 25 of the |
23 | | Public-Private Partnerships for Transportation Act. |
24 | | (12) (A) Contracts for legal, financial, and other |
25 | | professional and artistic services entered into by the |
26 | | Illinois Finance Authority in which the State of Illinois |
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1 | | is not obligated. Such contracts shall be awarded through |
2 | | a competitive process authorized by the members of the |
3 | | Illinois Finance Authority and are subject to Sections |
4 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
5 | | as well as the final approval by the members of the |
6 | | Illinois Finance Authority of the terms of the contract. |
7 | | (B) Contracts for legal and financial services entered |
8 | | into by the Illinois Housing Development Authority in |
9 | | connection with the issuance of bonds in which the State |
10 | | of Illinois is not obligated. Such contracts shall be |
11 | | awarded through a competitive process authorized by the |
12 | | members of the Illinois Housing Development Authority and |
13 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
14 | | and 50-37 of this Code, as well as the final approval by |
15 | | the members of the Illinois Housing Development Authority |
16 | | of the terms of the contract. |
17 | | (13) Contracts for services, commodities, and |
18 | | equipment to support the delivery of timely forensic |
19 | | science services in consultation with and subject to the |
20 | | approval of the Chief Procurement Officer as provided in |
21 | | subsection (d) of Section 5-4-3a of the Unified Code of |
22 | | Corrections, except for the requirements of Sections |
23 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
24 | | Code; however, the Chief Procurement Officer may, in |
25 | | writing with justification, waive any certification |
26 | | required under Article 50 of this Code. For any contracts |
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1 | | for services which are currently provided by members of a |
2 | | collective bargaining agreement, the applicable terms of |
3 | | the collective bargaining agreement concerning |
4 | | subcontracting shall be followed. |
5 | | On and after January 1, 2019, this paragraph (13), |
6 | | except for this sentence, is inoperative. |
7 | | (14) Contracts for participation expenditures required |
8 | | by a domestic or international trade show or exhibition of |
9 | | an exhibitor, member, or sponsor. |
10 | | (15) Contracts with a railroad or utility that |
11 | | requires the State to reimburse the railroad or utilities |
12 | | for the relocation of utilities for construction or other |
13 | | public purpose. Contracts included within this paragraph |
14 | | (15) shall include, but not be limited to, those |
15 | | associated with: relocations, crossings, installations, |
16 | | and maintenance. For the purposes of this paragraph (15), |
17 | | "railroad" means any form of non-highway ground |
18 | | transportation that runs on rails or electromagnetic |
19 | | guideways and "utility" means: (1) public utilities as |
20 | | defined in Section 3-105 of the Public Utilities Act, (2) |
21 | | telecommunications carriers as defined in Section 13-202 |
22 | | of the Public Utilities Act, (3) electric cooperatives as |
23 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
24 | | telephone or telecommunications cooperatives as defined in |
25 | | Section 13-212 of the Public Utilities Act, (5) rural |
26 | | water or waste water systems with 10,000 connections or |
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1 | | less, (6) a holder as defined in Section 21-201 of the |
2 | | Public Utilities Act, and (7) municipalities owning or |
3 | | operating utility systems consisting of public utilities |
4 | | as that term is defined in Section 11-117-2 of the |
5 | | Illinois Municipal Code. |
6 | | (16) Procurement expenditures necessary for the |
7 | | Department of Public Health to provide the delivery of |
8 | | timely newborn screening services in accordance with the |
9 | | Newborn Metabolic Screening Act. |
10 | | (17) Procurement expenditures necessary for the |
11 | | Department of Agriculture, the Department of Financial and |
12 | | Professional Regulation, the Department of Human Services, |
13 | | and the Department of Public Health to implement the |
14 | | Compassionate Use of Medical Cannabis Program and Opioid |
15 | | Alternative Pilot Program requirements and ensure access |
16 | | to medical cannabis for patients with debilitating medical |
17 | | conditions in accordance with the Compassionate Use of |
18 | | Medical Cannabis Program Act. |
19 | | (18) This Code does not apply to any procurements |
20 | | necessary for the Department of Agriculture, the |
21 | | Department of Financial and Professional Regulation, the |
22 | | Department of Human Services, the Department of Commerce |
23 | | and Economic Opportunity, and the Department of Public |
24 | | Health to implement the Cannabis Regulation and Tax Act if |
25 | | the applicable agency has made a good faith determination |
26 | | that it is necessary and appropriate for the expenditure |
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1 | | to fall within this exemption and if the process is |
2 | | conducted in a manner substantially in accordance with the |
3 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
4 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
5 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
6 | | Section 50-35, compliance applies only to contracts or |
7 | | subcontracts over $100,000. Notice of each contract |
8 | | entered into under this paragraph (18) that is related to |
9 | | the procurement of goods and services identified in |
10 | | paragraph (1) through (9) of this subsection shall be |
11 | | published in the Procurement Bulletin within 14 calendar |
12 | | days after contract execution. The Chief Procurement |
13 | | Officer shall prescribe the form and content of the |
14 | | notice. Each agency shall provide the Chief Procurement |
15 | | Officer, on a monthly basis, in the form and content |
16 | | prescribed by the Chief Procurement Officer, a report of |
17 | | contracts that are related to the procurement of goods and |
18 | | services identified in this subsection. At a minimum, this |
19 | | report shall include the name of the contractor, a |
20 | | description of the supply or service provided, the total |
21 | | amount of the contract, the term of the contract, and the |
22 | | exception to this Code utilized. A copy of any or all of |
23 | | these contracts shall be made available to the Chief |
24 | | Procurement Officer immediately upon request. The Chief |
25 | | Procurement Officer shall submit a report to the Governor |
26 | | and General Assembly no later than November 1 of each year |
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1 | | that includes, at a minimum, an annual summary of the |
2 | | monthly information reported to the Chief Procurement |
3 | | Officer. This exemption becomes inoperative 5 years after |
4 | | June 25, 2019 (the effective date of Public Act 101-27). |
5 | | (19) Acquisition of modifications or adjustments, |
6 | | limited to assistive technology devices and assistive |
7 | | technology services, adaptive equipment, repairs, and |
8 | | replacement parts to provide reasonable accommodations (i) |
9 | | that enable a qualified applicant with a disability to |
10 | | complete the job application process and be considered for |
11 | | the position such qualified applicant desires, (ii) that |
12 | | modify or adjust the work environment to enable a |
13 | | qualified current employee with a disability to perform |
14 | | the essential functions of the position held by that |
15 | | employee, (iii) to enable a qualified current employee |
16 | | with a disability to enjoy equal benefits and privileges |
17 | | of employment as are enjoyed by other similarly situated |
18 | | employees without disabilities, and (iv) that allow a |
19 | | customer, client, claimant, or member of the public |
20 | | seeking State services full use and enjoyment of and |
21 | | access to its programs, services, or benefits. |
22 | | For purposes of this paragraph (19): |
23 | | "Assistive technology devices" means any item, piece |
24 | | of equipment, or product system, whether acquired |
25 | | commercially off the shelf, modified, or customized, that |
26 | | is used to increase, maintain, or improve functional |
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1 | | capabilities of individuals with disabilities. |
2 | | "Assistive technology services" means any service that |
3 | | directly assists an individual with a disability in |
4 | | selection, acquisition, or use of an assistive technology |
5 | | device. |
6 | | "Qualified" has the same meaning and use as provided |
7 | | under the federal Americans with Disabilities Act when |
8 | | describing an individual with a disability. |
9 | | (20) Procurement expenditures necessary for the |
10 | | Illinois Commerce Commission to hire third-party |
11 | | facilitators pursuant to Sections 16-105.17 and 16-108.18 |
12 | | of the Public Utilities Act or an ombudsman pursuant to |
13 | | Section 16-107.5 of the Public Utilities Act, a |
14 | | facilitator pursuant to Section 16-105.17 of the Public |
15 | | Utilities Act, or a grid auditor pursuant to Section |
16 | | 16-105.10 of the Public Utilities Act. |
17 | | (21) Procurement expenditures for the purchase, |
18 | | renewal, and expansion of software, software licenses, or |
19 | | software maintenance agreements that support the efforts |
20 | | of the Illinois State Police to enforce, regulate, and |
21 | | administer the Firearm Owners Identification Card Act, the |
22 | | Firearm Concealed Carry Act, the Firearms Restraining |
23 | | Order Act, the Firearm Dealer License Certification Act, |
24 | | the Law Enforcement Agencies Data System (LEADS), the |
25 | | Uniform Crime Reporting Act, the Criminal Identification |
26 | | Act, the Illinois Uniform Conviction Information Act, and |
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1 | | the Gun Trafficking Information Act, or establish or |
2 | | maintain record management systems necessary to conduct |
3 | | human trafficking investigations or gun trafficking or |
4 | | other stolen firearm investigations. This paragraph (21) |
5 | | applies to contracts entered into on or after January 10, |
6 | | 2023 (the effective date of Public Act 102-1116) and the |
7 | | renewal of contracts that are in effect on January 10, |
8 | | 2023 (the effective date of Public Act 102-1116). |
9 | | (22) Contracts for project management services and |
10 | | system integration services required for the completion of |
11 | | the State's enterprise resource planning project. This |
12 | | exemption becomes inoperative 5 years after June 7, 2023 |
13 | | (the effective date of the changes made to this Section by |
14 | | Public Act 103-8). This paragraph (22) applies to |
15 | | contracts entered into on or after June 7, 2023 (the |
16 | | effective date of the changes made to this Section by |
17 | | Public Act 103-8) and the renewal of contracts that are in |
18 | | effect on June 7, 2023 (the effective date of the changes |
19 | | made to this Section by Public Act 103-8). |
20 | | (23) Procurements necessary for the Department of |
21 | | Insurance to implement the Illinois Health Benefits |
22 | | Exchange Law if the Department of Insurance has made a |
23 | | good faith determination that it is necessary and |
24 | | appropriate for the expenditure to fall within this |
25 | | exemption. The procurement process shall be conducted in a |
26 | | manner substantially in accordance with the requirements |
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1 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A |
2 | | copy of these contracts shall be made available to the |
3 | | Chief Procurement Officer immediately upon request. This |
4 | | paragraph is inoperative 5 years after June 27, 2023 (the |
5 | | effective date of Public Act 103-103). |
6 | | (24) Contracts for public education programming, |
7 | | noncommercial sustaining announcements, public service |
8 | | announcements, and public awareness and education |
9 | | messaging with the nonprofit trade associations of the |
10 | | providers of those services that inform the public on |
11 | | immediate and ongoing health and safety risks and hazards. |
12 | | (25) Procurements necessary for the Department of |
13 | | Early Childhood to implement the Department of Early |
14 | | Childhood Act if the Department has made a good faith |
15 | | determination that it is necessary and appropriate for the |
16 | | expenditure to fall within this exemption. This exemption |
17 | | shall only be used for products and services procured |
18 | | solely for use by the Department of Early Childhood. The |
19 | | procurements may include those necessary to design and |
20 | | build integrated, operational systems of programs and |
21 | | services. The procurements may include, but are not |
22 | | limited to, those necessary to align and update program |
23 | | standards, integrate funding systems, design and establish |
24 | | data and reporting systems, align and update models for |
25 | | technical assistance and professional development, design |
26 | | systems to manage grants and ensure compliance, design and |
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1 | | implement management and operational structures, and |
2 | | establish new means of engaging with families, educators, |
3 | | providers, and stakeholders. The procurement processes |
4 | | shall be conducted in a manner substantially in accordance |
5 | | with the requirements of Article 50 (ethics) and Sections |
6 | | 5-5 (Procurement Policy Board), 5-7 (Commission on Equity |
7 | | and Inclusion), 20-80 (contract files), 20-120 |
8 | | (subcontractors), 20-155 (paperwork), 20-160 |
9 | | (ethics/campaign contribution prohibitions), 25-60 |
10 | | (prevailing wage), and 25-90 (prohibited and authorized |
11 | | cybersecurity) of this Code. Beginning January 1, 2025, |
12 | | the Department of Early Childhood shall provide a |
13 | | quarterly report to the General Assembly detailing a list |
14 | | of expenditures and contracts for which the Department |
15 | | uses this exemption. This paragraph is inoperative on and |
16 | | after July 1, 2027. |
17 | | (26) (25) Procurements that are necessary for |
18 | | increasing the recruitment and retention of State |
19 | | employees, particularly minority candidates for |
20 | | employment, including: |
21 | | (A) procurements related to registration fees for |
22 | | job fairs and other outreach and recruitment events; |
23 | | (B) production of recruitment materials; and |
24 | | (C) other services related to recruitment and |
25 | | retention of State employees. |
26 | | The exemption under this paragraph (26) (25) applies |
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1 | | only if the State agency has made a good faith |
2 | | determination that it is necessary and appropriate for the |
3 | | expenditure to fall within this paragraph (26) (25) . The |
4 | | procurement process under this paragraph (26) (25) shall |
5 | | be conducted in a manner substantially in accordance with |
6 | | the requirements of Sections 20-160 and 25-60 and Article |
7 | | 50 of this Code. A copy of these contracts shall be made |
8 | | available to the Chief Procurement Officer immediately |
9 | | upon request. Nothing in this paragraph (26) (25) |
10 | | authorizes the replacement or diminishment of State |
11 | | responsibilities in hiring or the positions that |
12 | | effectuate that hiring. This paragraph (26) (25) is |
13 | | inoperative on and after June 30, 2029. |
14 | | (27) Procurements necessary for the Department of |
15 | | Healthcare and Family Services to implement changes to the |
16 | | State's Integrated Eligibility System to ensure the |
17 | | system's compliance with federal implementation mandates |
18 | | and deadlines, if the Department of Healthcare and Family |
19 | | Services has made a good faith determination that it is |
20 | | necessary and appropriate for the procurement to fall |
21 | | within this exemption. |
22 | | Notwithstanding any other provision of law, for contracts |
23 | | with an annual value of more than $100,000 entered into on or |
24 | | after October 1, 2017 under an exemption provided in any |
25 | | paragraph of this subsection (b), except paragraph (1), (2), |
26 | | or (5), each State agency shall post to the appropriate |
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1 | | procurement bulletin the name of the contractor, a description |
2 | | of the supply or service provided, the total amount of the |
3 | | contract, the term of the contract, and the exception to the |
4 | | Code utilized. The chief procurement officer shall submit a |
5 | | report to the Governor and General Assembly no later than |
6 | | November 1 of each year that shall include, at a minimum, an |
7 | | annual summary of the monthly information reported to the |
8 | | chief procurement officer. |
9 | | (c) This Code does not apply to the electric power |
10 | | procurement process provided for under Section 1-75 of the |
11 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
12 | | Utilities Act. This Code does not apply to the procurement of |
13 | | technical and policy experts pursuant to Section 1-129 of the |
14 | | Illinois Power Agency Act. |
15 | | (d) Except for Section 20-160 and Article 50 of this Code, |
16 | | and as expressly required by Section 9.1 of the Illinois |
17 | | Lottery Law, the provisions of this Code do not apply to the |
18 | | procurement process provided for under Section 9.1 of the |
19 | | Illinois Lottery Law. |
20 | | (e) This Code does not apply to the process used by the |
21 | | Capital Development Board to retain a person or entity to |
22 | | assist the Capital Development Board with its duties related |
23 | | to the determination of costs of a clean coal SNG brownfield |
24 | | facility, as defined by Section 1-10 of the Illinois Power |
25 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
26 | | of the Public Utilities Act, including calculating the range |
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1 | | of capital costs, the range of operating and maintenance |
2 | | costs, or the sequestration costs or monitoring the |
3 | | construction of clean coal SNG brownfield facility for the |
4 | | full duration of construction. |
5 | | (f) (Blank). |
6 | | (g) (Blank). |
7 | | (h) This Code does not apply to the process to procure or |
8 | | contracts entered into in accordance with Sections 11-5.2 and |
9 | | 11-5.3 of the Illinois Public Aid Code. |
10 | | (i) Each chief procurement officer may access records |
11 | | necessary to review whether a contract, purchase, or other |
12 | | expenditure is or is not subject to the provisions of this |
13 | | Code, unless such records would be subject to attorney-client |
14 | | privilege. |
15 | | (j) This Code does not apply to the process used by the |
16 | | Capital Development Board to retain an artist or work or works |
17 | | of art as required in Section 14 of the Capital Development |
18 | | Board Act. |
19 | | (k) This Code does not apply to the process to procure |
20 | | contracts, or contracts entered into, by the State Board of |
21 | | Elections or the State Electoral Board for hearing officers |
22 | | appointed pursuant to the Election Code. |
23 | | (l) This Code does not apply to the processes used by the |
24 | | Illinois Student Assistance Commission to procure supplies and |
25 | | services paid for from the private funds of the Illinois |
26 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
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1 | | funds" means funds derived from deposits paid into the |
2 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
3 | | (m) This Code shall apply regardless of the source of |
4 | | funds with which contracts are paid, including federal |
5 | | assistance moneys. Except as specifically provided in this |
6 | | Code, this Code shall not apply to procurement expenditures |
7 | | necessary for the Department of Public Health to conduct the |
8 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
9 | | the Department of Public Health Powers and Duties Law of the |
10 | | Civil Administrative Code of Illinois. |
11 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; |
12 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. |
13 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
14 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. |
15 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, |
16 | | eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; |
17 | | revised 11-26-24.)
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18 | | (30 ILCS 500/1-15.15) |
19 | | Sec. 1-15.15. Chief Procurement Officer. "Chief |
20 | | Procurement Officer" means any of the 4 persons appointed or |
21 | | approved by a majority of the members of the Executive Ethics |
22 | | Commission: |
23 | | (1) for procurements for (i) construction and |
24 | | construction-related services committed by law to the |
25 | | jurisdiction or responsibility of the Capital Development |
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1 | | Board or (ii) construction-related services committed by |
2 | | law to the jurisdiction or responsibility of the |
3 | | Department of Central Management Services under Section |
4 | | 405-217 of the Department of Central Management Services |
5 | | Law of the Civil Administrative Code of Illinois and other |
6 | | related provisions of this amendatory Act of the 104th |
7 | | General Assembly , the independent chief procurement |
8 | | officer appointed by a majority of the members of the |
9 | | Executive Ethics Commission. |
10 | | (2) for procurements for all construction, |
11 | | construction-related services, operation of any facility, |
12 | | and the provision of any construction or |
13 | | construction-related service or activity committed by law |
14 | | to the jurisdiction or responsibility of the Illinois |
15 | | Department of Transportation, including the direct or |
16 | | reimbursable expenditure of all federal funds for which |
17 | | the Department of Transportation is responsible or |
18 | | accountable for the use thereof in accordance with federal |
19 | | law, regulation, or procedure, the independent chief |
20 | | procurement officer appointed by the Secretary of |
21 | | Transportation with the consent of the majority of the |
22 | | members of the Executive Ethics Commission. |
23 | | (3) for all procurements made by a public institution |
24 | | of higher education, the independent chief procurement |
25 | | officer appointed by a majority of the members of the |
26 | | Executive Ethics Commission. |
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1 | | (4) (Blank). |
2 | | (5) for all other procurements, the independent chief |
3 | | procurement officer appointed by a majority of the members |
4 | | of the Executive Ethics Commission. |
5 | | (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see |
6 | | Section 5 of P.A. 96-793 for the effective date of changes made |
7 | | by P.A. 96-795); 96-920, eff. 7-1-10.)
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8 | | (30 ILCS 500/10-20) |
9 | | (Text of Section from P.A. 103-588) |
10 | | Sec. 10-20. Independent chief procurement officers. |
11 | | (a) Appointment. Within 60 calendar days after July 1, |
12 | | 2010 (the effective date of Public Act 96-795), the Executive |
13 | | Ethics Commission, with the advice and consent of the Senate |
14 | | shall appoint or approve 4 chief procurement officers, one for |
15 | | each of the following categories: |
16 | | (1) for procurements for construction and |
17 | | construction-related services committed by law to the |
18 | | jurisdiction or responsibility of the Capital Development |
19 | | Board; |
20 | | (2) for procurements for all construction, |
21 | | construction-related services, operation of any facility, |
22 | | and the provision of any service or activity committed by |
23 | | law to the jurisdiction or responsibility of the Illinois |
24 | | Department of Transportation, including the direct or |
25 | | reimbursable expenditure of all federal funds for which |
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1 | | the Department of Transportation is responsible or |
2 | | accountable for the use thereof in accordance with federal |
3 | | law, regulation, or procedure, the chief procurement |
4 | | officer recommended for approval under this item appointed |
5 | | by the Secretary of Transportation after consent by the |
6 | | Executive Ethics Commission; |
7 | | (3) for all procurements made by a public institution |
8 | | of higher education; and |
9 | | (4) for all other procurement needs of State agencies. |
10 | | For fiscal years 2024 , and 2025, and 2026, the Executive |
11 | | Ethics Commission shall set aside from its appropriation those |
12 | | amounts necessary for the use of the 4 chief procurement |
13 | | officers for the ordinary and contingent expenses of their |
14 | | respective procurement offices. From the amounts set aside by |
15 | | the Commission, each chief procurement officer shall control |
16 | | the internal operations of his or her procurement office and |
17 | | shall procure the necessary equipment, materials, and services |
18 | | to perform the duties of that office, including hiring |
19 | | necessary procurement personnel, legal advisors, and other |
20 | | employees, and may establish, in the exercise of the chief |
21 | | procurement officer's discretion, the compensation of the |
22 | | office's employees, which includes the State purchasing |
23 | | officers and any legal advisors. The Executive Ethics |
24 | | Commission shall have no control over the employees of the |
25 | | chief procurement officers. The Executive Ethics Commission |
26 | | shall provide administrative support services, including |
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1 | | payroll, for each procurement office. |
2 | | (b) Terms and independence. Each chief procurement officer |
3 | | appointed under this Section shall serve for a term of 5 years |
4 | | beginning on the date of the officer's appointment. The chief |
5 | | procurement officer may be removed for cause after a hearing |
6 | | by the Executive Ethics Commission. The Governor or the |
7 | | director of a State agency directly responsible to the |
8 | | Governor may institute a complaint against the officer by |
9 | | filing such complaint with the Commission. The Commission |
10 | | shall have a hearing based on the complaint. The officer and |
11 | | the complainant shall receive reasonable notice of the hearing |
12 | | and shall be permitted to present their respective arguments |
13 | | on the complaint. After the hearing, the Commission shall make |
14 | | a finding on the complaint and may take disciplinary action, |
15 | | including , but not limited to , removal of the officer. |
16 | | The salary of a chief procurement officer shall be |
17 | | established by the Executive Ethics Commission and may not be |
18 | | diminished during the officer's term. The salary may not |
19 | | exceed the salary of the director of a State agency for which |
20 | | the officer serves as chief procurement officer. |
21 | | (c) Qualifications. In addition to any other requirement |
22 | | or qualification required by State law, each chief procurement |
23 | | officer must within 12 months of employment be a Certified |
24 | | Professional Public Buyer or a Certified Public Purchasing |
25 | | Officer, pursuant to certification by the Universal Public |
26 | | Purchasing Certification Council, and must reside in Illinois. |
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1 | | (d) Fiduciary duty. Each chief procurement officer owes a |
2 | | fiduciary duty to the State. |
3 | | (e) Vacancy. In case of a vacancy in one or more of the |
4 | | offices of a chief procurement officer under this Section |
5 | | during the recess of the Senate, the Executive Ethics |
6 | | Commission shall make a temporary appointment until the next |
7 | | meeting of the Senate, when the Executive Ethics Commission |
8 | | shall nominate some person to fill the office, and any person |
9 | | so nominated who is confirmed by the Senate shall hold office |
10 | | during the remainder of the term and until his or her successor |
11 | | is appointed and qualified. If the Senate is not in session at |
12 | | the time Public Act 96-920 takes effect, the Executive Ethics |
13 | | Commission shall make a temporary appointment as in the case |
14 | | of a vacancy. |
15 | | (f) (Blank). |
16 | | (g) (Blank). |
17 | | (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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18 | | (Text of Section from P.A. 103-605) |
19 | | Sec. 10-20. Independent chief procurement officers. |
20 | | (a) Appointment. Within 60 calendar days after July 1, |
21 | | 2010 (the effective date of Public Act 96-795), the Executive |
22 | | Ethics Commission, with the advice and consent of the Senate |
23 | | shall appoint or approve 4 chief procurement officers, one for |
24 | | each of the following categories: |
25 | | (1) for procurements for construction and |
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1 | | construction-related services committed by law to the |
2 | | jurisdiction or responsibility of the Capital Development |
3 | | Board; |
4 | | (2) for procurements for all construction, |
5 | | construction-related services, operation of any facility, |
6 | | and the provision of any service or activity committed by |
7 | | law to the jurisdiction or responsibility of the Illinois |
8 | | Department of Transportation, including the direct or |
9 | | reimbursable expenditure of all federal funds for which |
10 | | the Department of Transportation is responsible or |
11 | | accountable for the use thereof in accordance with federal |
12 | | law, regulation, or procedure, the chief procurement |
13 | | officer recommended for approval under this item appointed |
14 | | by the Secretary of Transportation after consent by the |
15 | | Executive Ethics Commission; |
16 | | (3) for all procurements made by a public institution |
17 | | of higher education; and |
18 | | (4) for all other procurement needs of State agencies. |
19 | | For fiscal years year 2024, 2025, and 2026, the Executive |
20 | | Ethics Commission shall set aside from its appropriation those |
21 | | amounts necessary for the use of the 4 chief procurement |
22 | | officers for the ordinary and contingent expenses of their |
23 | | respective procurement offices. From the amounts set aside by |
24 | | the Commission, each chief procurement officer shall control |
25 | | the internal operations of his or her procurement office and |
26 | | shall procure the necessary equipment, materials, and services |
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1 | | to perform the duties of that office, including hiring |
2 | | necessary procurement personnel, legal advisors, and other |
3 | | employees, and may establish, in the exercise of the chief |
4 | | procurement officer's discretion, the compensation of the |
5 | | office's employees, which includes the State purchasing |
6 | | officers and any legal advisors. The Executive Ethics |
7 | | Commission shall have no control over the employees of the |
8 | | chief procurement officers. The Executive Ethics Commission |
9 | | shall provide administrative support services, including |
10 | | payroll, for each procurement office. |
11 | | (b) Terms and independence. Each chief procurement officer |
12 | | appointed under this Section shall serve for a term of 5 years |
13 | | beginning on the date of the officer's appointment. The chief |
14 | | procurement officer may be removed for cause after a hearing |
15 | | by the Executive Ethics Commission. The Governor or the |
16 | | director of a State agency directly responsible to the |
17 | | Governor may institute a complaint against the officer by |
18 | | filing such complaint with the Commission. The Commission |
19 | | shall have a hearing based on the complaint. The officer and |
20 | | the complainant shall receive reasonable notice of the hearing |
21 | | and shall be permitted to present their respective arguments |
22 | | on the complaint. After the hearing, the Commission shall make |
23 | | a finding on the complaint and may take disciplinary action, |
24 | | including , but not limited to , removal of the officer. |
25 | | The salary of a chief procurement officer shall be |
26 | | established by the Executive Ethics Commission and may not be |
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1 | | diminished during the officer's term. The salary may not |
2 | | exceed the salary of the director of a State agency for which |
3 | | the officer serves as chief procurement officer. |
4 | | (c) Qualifications. In addition to any other requirement |
5 | | or qualification required by State law, each chief procurement |
6 | | officer must within 12 months of employment be a Certified |
7 | | Professional Public Buyer or a Certified Public Purchasing |
8 | | Officer, pursuant to certification by the Universal Public |
9 | | Purchasing Certification Council, and must reside in Illinois. |
10 | | (d) Fiduciary duty. Each chief procurement officer owes a |
11 | | fiduciary duty to the State. |
12 | | (e) Vacancy. In case of a vacancy in one or more of the |
13 | | offices of a chief procurement officer under this Section |
14 | | during the recess of the Senate, the Executive Ethics |
15 | | Commission shall make a temporary appointment until the next |
16 | | meeting of the Senate, when the Executive Ethics Commission |
17 | | shall nominate some person to fill the office, and any person |
18 | | so nominated who is confirmed by the Senate shall hold office |
19 | | during the remainder of the term and until his or her successor |
20 | | is appointed and qualified. If the Senate is not in session at |
21 | | the time Public Act 96-920 takes effect, the Executive Ethics |
22 | | Commission shall make a temporary appointment as in the case |
23 | | of a vacancy. |
24 | | (f) (Blank). |
25 | | (g) (Blank). |
26 | | (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.)
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1 | | (Text of Section from P.A. 103-865) |
2 | | Sec. 10-20. Independent chief procurement officers. |
3 | | (a) Appointment. Within 60 calendar days after July 1, |
4 | | 2010 (the effective date of Public Act 96-795), the Executive |
5 | | Ethics Commission, with the advice and consent of the Senate |
6 | | shall appoint or approve 4 chief procurement officers, one for |
7 | | each of the following categories: |
8 | | (1) for procurements for construction and |
9 | | construction-related services committed by law to the |
10 | | jurisdiction or responsibility of the Capital Development |
11 | | Board; |
12 | | (2) for procurements for all construction, |
13 | | construction-related services, operation of any facility, |
14 | | and the provision of any service or activity committed by |
15 | | law to the jurisdiction or responsibility of the Illinois |
16 | | Department of Transportation, including the direct or |
17 | | reimbursable expenditure of all federal funds for which |
18 | | the Department of Transportation is responsible or |
19 | | accountable for the use thereof in accordance with federal |
20 | | law, regulation, or procedure, the chief procurement |
21 | | officer recommended for approval under this item appointed |
22 | | by the Secretary of Transportation after consent by the |
23 | | Executive Ethics Commission; |
24 | | (3) for all procurements made by a public institution |
25 | | of higher education; and |
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1 | | (4) for all other procurement needs of State agencies. |
2 | | For fiscal years 2024, 2025, and 2026, the The Executive |
3 | | Ethics Commission shall set aside from its appropriation those |
4 | | amounts necessary for the use of the 4 chief procurement |
5 | | officers for the ordinary and contingent expenses of their |
6 | | respective procurement offices. From the amounts set aside by |
7 | | the Commission, each chief procurement officer shall control |
8 | | the internal operations of his or her procurement office and |
9 | | shall procure the necessary equipment, materials, and services |
10 | | to perform the duties of that office, including hiring |
11 | | necessary procurement personnel, legal advisors, and other |
12 | | employees, and may establish, in the exercise of the chief |
13 | | procurement officer's discretion, the compensation of the |
14 | | office's employees, which includes the State purchasing |
15 | | officers and any legal advisors. The Executive Ethics |
16 | | Commission shall have no control over the employees of the |
17 | | chief procurement officers. The Executive Ethics Commission |
18 | | shall provide administrative support services, including |
19 | | payroll, for each procurement office. |
20 | | (b) Terms and independence. Each chief procurement officer |
21 | | appointed under this Section shall serve for a term of 5 years |
22 | | beginning on the date of the officer's appointment. The chief |
23 | | procurement officer may be removed for cause after a hearing |
24 | | by the Executive Ethics Commission. The Governor or the |
25 | | director of a State agency directly responsible to the |
26 | | Governor may institute a complaint against the officer by |
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1 | | filing such complaint with the Commission. The Commission |
2 | | shall have a hearing based on the complaint. The officer and |
3 | | the complainant shall receive reasonable notice of the hearing |
4 | | and shall be permitted to present their respective arguments |
5 | | on the complaint. After the hearing, the Commission shall make |
6 | | a finding on the complaint and may take disciplinary action, |
7 | | including , but not limited to , removal of the officer. |
8 | | The salary of a chief procurement officer shall be |
9 | | established by the Executive Ethics Commission and may not be |
10 | | diminished during the officer's term. The salary may not |
11 | | exceed the salary of the director of a State agency for which |
12 | | the officer serves as chief procurement officer. |
13 | | (c) Qualifications. In addition to any other requirement |
14 | | or qualification required by State law, each chief procurement |
15 | | officer must within 12 months of employment be a Certified |
16 | | Professional Public Buyer or a Certified Public Purchasing |
17 | | Officer, pursuant to certification by the Universal Public |
18 | | Purchasing Certification Council, and must reside in Illinois. |
19 | | (d) Fiduciary duty. Each chief procurement officer owes a |
20 | | fiduciary duty to the State. |
21 | | (e) Vacancy. In case of a vacancy in one or more of the |
22 | | offices of a chief procurement officer under this Section |
23 | | during the recess of the Senate, the Executive Ethics |
24 | | Commission shall make a temporary appointment until the next |
25 | | meeting of the Senate, when the Executive Ethics Commission |
26 | | shall nominate some person to fill the office, and any person |
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1 | | so nominated who is confirmed by the Senate shall hold office |
2 | | during the remainder of the term and until his or her successor |
3 | | is appointed and qualified. If the Senate is not in session at |
4 | | the time Public Act 96-920 takes effect, the Executive Ethics |
5 | | Commission shall make a temporary appointment as in the case |
6 | | of a vacancy. |
7 | | (f) (Blank). |
8 | | (g) (Blank). |
9 | | (Source: P.A. 103-8, eff. 6-7-23; 103-865, eff. 1-1-25. )
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10 | | Section 5-45. The Design-Build Procurement Act is amended |
11 | | by changing Sections 10 and 90 as follows:
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12 | | (30 ILCS 537/10) |
13 | | (Section scheduled to be repealed on January 1, 2026) |
14 | | Sec. 10. Definitions. As used in this Act: |
15 | | "State construction agency" means the Capital Development |
16 | | Board or, in the case of a design-build procurement for a |
17 | | public institution of higher education, the public institution |
18 | | of higher education , or, in the case of a design-build |
19 | | procurement by the Department of Central Management Services |
20 | | in accordance with Section 405-217 of the Department of |
21 | | Central Management Services Law of the Civil Administrative |
22 | | Code of Illinois, the Department of Central Management |
23 | | Services . |
24 | | "Delivery system" means the design and construction |
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1 | | approach used to develop and construct a project. |
2 | | "Design-bid-build" means the traditional delivery system |
3 | | used on public projects in this State that incorporates the |
4 | | Architectural, Engineering, and Land Surveying Qualification |
5 | | Based Selection Act (30 ILCS 535/) and the principles of |
6 | | competitive selection in the Illinois Procurement Code (30 |
7 | | ILCS 500/). |
8 | | "Design-build" means a delivery system that provides |
9 | | responsibility within a single contract for the furnishing of |
10 | | architecture, engineering, land surveying and related services |
11 | | as required, and the labor, materials, equipment, and other |
12 | | construction services for the project. |
13 | | "Design-build contract" means a contract for a public |
14 | | project under this Act between the State construction agency |
15 | | and a design-build entity to furnish architecture, |
16 | | engineering, land surveying, and related services as required, |
17 | | and to furnish the labor, materials, equipment, and other |
18 | | construction services for the project. The design-build |
19 | | contract may be conditioned upon subsequent refinements in |
20 | | scope and price and may allow the State construction agency to |
21 | | make modifications in the project scope without invalidating |
22 | | the design-build contract. |
23 | | "Design-build entity" means any individual, sole |
24 | | proprietorship, firm, partnership, joint venture, corporation, |
25 | | professional corporation, or other entity that proposes to |
26 | | design and construct any public project under this Act. A |
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1 | | design-build entity and associated design-build professionals |
2 | | shall conduct themselves in accordance with the laws of this |
3 | | State and the related provisions of the Illinois |
4 | | Administrative Code, as referenced by the licensed design |
5 | | professionals Acts of this State. |
6 | | "Design professional" means any individual, sole |
7 | | proprietorship, firm, partnership, joint venture, corporation, |
8 | | professional corporation, or other entity that offers services |
9 | | under the Illinois Architecture Practice Act of 1989 (225 ILCS |
10 | | 305/), the Professional Engineering Practice Act of 1989 (225 |
11 | | ILCS 325/), the Structural Engineering Licensing Act of 1989 |
12 | | (225 ILCS 340/), or the Illinois Professional Land Surveyor |
13 | | Act of 1989 (225 ILCS 330/). |
14 | | "Evaluation criteria" means the requirements for the |
15 | | separate phases of the selection process as defined in this |
16 | | Act and may include the specialized experience, technical |
17 | | qualifications and competence, capacity to perform, past |
18 | | performance, experience with similar projects, assignment of |
19 | | personnel to the project, and other appropriate factors. Price |
20 | | may not be used as a factor in the evaluation of Phase I |
21 | | proposals. |
22 | | "Proposal" means the offer to enter into a design-build |
23 | | contract as submitted by a design-build entity in accordance |
24 | | with this Act. |
25 | | "Public institution of higher education" has the meaning |
26 | | ascribed in subsection (f) of Section 1-13 of the Illinois |
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1 | | Procurement Code. |
2 | | "Request for proposal" means the document used by the |
3 | | State construction agency to solicit proposals for a |
4 | | design-build contract. |
5 | | "Scope and performance criteria" means the requirements |
6 | | for the public project, including , but not limited to, the |
7 | | intended usage, capacity, size, scope, quality and performance |
8 | | standards, life-cycle costs, and other programmatic criteria |
9 | | that are expressed in performance-oriented and quantifiable |
10 | | specifications and drawings that can be reasonably inferred |
11 | | and are suited to allow a design-build entity to develop a |
12 | | proposal. |
13 | | (Source: P.A. 102-1119, eff. 1-23-23.)
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14 | | (30 ILCS 537/90) |
15 | | (Section scheduled to be repealed on January 1, 2026) |
16 | | Sec. 90. Repealer. This Act is repealed on January 1, 2027 |
17 | | 2026 . |
18 | | (Source: P.A. 102-1016, eff. 5-27-22; 102-1119, eff. 1-23-23.)
|
19 | | Section 5-50. The Illinois Grant Funds Recovery Act is |
20 | | amended by changing Section 5 as follows:
|
21 | | (30 ILCS 705/5) (from Ch. 127, par. 2305) |
22 | | Sec. 5. Time limit on expenditure of grant funds. Subject |
23 | | to the restriction of Section 35 of the State Finance Act, no |
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1 | | grant funds may be made available for expenditure by a grantee |
2 | | for a period longer than 2 years, except where such grant funds |
3 | | are disbursed in reimbursement of costs previously incurred by |
4 | | the grantee and except as otherwise provided in subsection (d) |
5 | | of Section 5-200 of the School Construction Law and in |
6 | | subsections subsection (b) and (c) of Section 80-45 of the |
7 | | Department of Human Services Act. Any grant funds not expended |
8 | | or legally obligated by the end of the grant agreement, or |
9 | | during the time limitation to grant fund expenditures set |
10 | | forth in this Section, must be returned to the grantor agency |
11 | | within 45 days, if the funds are not already on deposit with |
12 | | the grantor agency or the State Treasurer. Such returned funds |
13 | | shall be deposited into the fund from which the original grant |
14 | | disbursement to the grantee was made. |
15 | | (Source: P.A. 103-8, eff. 7-1-23.)
|
16 | | Section 5-55. The Private Colleges and Universities |
17 | | Capital Distribution Formula Act is amended by changing |
18 | | Section 25-15 as follows:
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19 | | (30 ILCS 769/25-15) |
20 | | Sec. 25-15. Transfer of funds to another independent |
21 | | college. |
22 | | (a) If an institution received a grant under this Article |
23 | | and subsequently fails to meet the definition of "independent |
24 | | college", the remaining funds shall be redistributed |
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1 | | re-distributed as provided in Section 25-10 to those |
2 | | institutions that have an active grant under this Article, |
3 | | unless the campus or facilities for which the grant was given |
4 | | are subsequently operated by another institution that |
5 | | qualifies as an independent college under this Article. |
6 | | (b) If the facilities of a former independent college are |
7 | | operated by another entity that qualifies as an independent |
8 | | college as provided in subsection (a) of this Section, then |
9 | | the entire balance of the grant provided under this Article |
10 | | remaining on the date the former independent college ceased |
11 | | operations, including any amount that had been withheld after |
12 | | the former independent college ceased operations, shall be |
13 | | transferred to the successor independent college for the |
14 | | purpose of the grant for the duration of the grant. |
15 | | (c) In the event that, on or before July 16, 2014 (the |
16 | | effective date of Public Act 98-715), the remaining funds have |
17 | | been re-allocated or redistributed re-distributed to other |
18 | | independent colleges, or the Illinois Board of Higher |
19 | | Education has planned for the remaining funds to be |
20 | | re-allocated or redistributed re-distributed to other |
21 | | independent colleges, before the 5-year period provided under |
22 | | this Act for the utilization of funds has ended, any funds so |
23 | | re-allocated or redistributed re-distributed shall be deducted |
24 | | from future allocations to those other independent colleges |
25 | | and re-allocated or redistributed re-distributed to the |
26 | | initial institution or the successor entity operating the |
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1 | | facilities of the original institution if: (i) the institution |
2 | | that failed to meet the definition of "independent college" |
3 | | once again meets the definition of "independent college" |
4 | | before the 5-year period has expired; or (ii) the facility or |
5 | | facilities of the former independent college are operated by |
6 | | another entity that qualifies as an independent college before |
7 | | the 5-year period has expired. |
8 | | (d) Notwithstanding subsection (a) of this Section, on or |
9 | | after June 7, 2023 ( the effective date of the changes made to |
10 | | this Section by Public Act 103-8) this amendatory Act of the |
11 | | 103rd General Assembly , remaining funds returned to the State |
12 | | by an institution that failed to meet the definition of |
13 | | "independent college" and that received a grant from |
14 | | appropriations enacted prior to June 28, 2019, shall not be |
15 | | redistributed re-distributed . Any such funds shall instead be |
16 | | added to the funds made available in the first grant cycle |
17 | | under subsection (d) of Section 25-10 by the Board of Higher |
18 | | Education following June 7, 2023 ( the effective date of the |
19 | | changes made to this Section by Public Act 103-8) this |
20 | | amendatory Act of the 103rd General Assembly and shall be |
21 | | distributed pursuant to the formula as provided in subsection |
22 | | (d) of Section 25-10. |
23 | | (d-5) Notwithstanding subsection (a) of this Section, on |
24 | | and after the effective date of the changes made to this |
25 | | Section by this amendatory Act of the 104th General Assembly, |
26 | | remaining funds returned to the State by an institution that |
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1 | | failed to meet the definition of "independent college" shall |
2 | | not be redistributed. |
3 | | (Source: P.A. 103-8, eff. 6-7-23.)
|
4 | | Section 5-60. The Illinois Income Tax Act is amended by |
5 | | changing Section 901 as follows:
|
6 | | (35 ILCS 5/901) |
7 | | Sec. 901. Collection authority. |
8 | | (a) In general. The Department shall collect the taxes |
9 | | imposed by this Act. The Department shall collect certified |
10 | | past due child support amounts under Section 2505-650 of the |
11 | | Department of Revenue Law of the Civil Administrative Code of |
12 | | Illinois. Except as provided in subsections (b), (c), (e), |
13 | | (f), (g), and (h) of this Section, money collected pursuant to |
14 | | subsections (a) and (b) of Section 201 of this Act shall be |
15 | | paid into the General Revenue Fund in the State treasury; |
16 | | money collected pursuant to subsections (c) and (d) of Section |
17 | | 201 of this Act shall be paid into the Personal Property Tax |
18 | | Replacement Fund, a special fund in the State Treasury; and |
19 | | money collected under Section 2505-650 of the Department of |
20 | | Revenue Law of the Civil Administrative Code of Illinois shall |
21 | | be paid into the Child Support Enforcement Trust Fund, a |
22 | | special fund outside the State Treasury, or to the State |
23 | | Disbursement Unit established under Section 10-26 of the |
24 | | Illinois Public Aid Code, as directed by the Department of |
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1 | | Healthcare and Family Services. |
2 | | (b) Local Government Distributive Fund. Beginning August |
3 | | 1, 2017 and continuing through July 31, 2022, the Treasurer |
4 | | shall transfer each month from the General Revenue Fund to the |
5 | | Local Government Distributive Fund an amount equal to the sum |
6 | | of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
7 | | rate prior to 2011 to the 4.95% individual income tax rate |
8 | | after July 1, 2017) of the net revenue realized from the tax |
9 | | imposed by subsections (a) and (b) of Section 201 of this Act |
10 | | upon individuals, trusts, and estates during the preceding |
11 | | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
12 | | income tax rate prior to 2011 to the 7% corporate income tax |
13 | | rate after July 1, 2017) of the net revenue realized from the |
14 | | tax imposed by subsections (a) and (b) of Section 201 of this |
15 | | Act upon corporations during the preceding month; and (iii) |
16 | | beginning February 1, 2022, 6.06% of the net revenue realized |
17 | | from the tax imposed by subsection (p) of Section 201 of this |
18 | | Act upon electing pass-through entities. Beginning August 1, |
19 | | 2022 and continuing through July 31, 2023, the Treasurer shall |
20 | | transfer each month from the General Revenue Fund to the Local |
21 | | Government Distributive Fund an amount equal to the sum of: |
22 | | (i) 6.16% of the net revenue realized from the tax imposed by |
23 | | subsections (a) and (b) of Section 201 of this Act upon |
24 | | individuals, trusts, and estates during the preceding month; |
25 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
26 | | subsections (a) and (b) of Section 201 of this Act upon |
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1 | | corporations during the preceding month; and (iii) 6.16% of |
2 | | the net revenue realized from the tax imposed by subsection |
3 | | (p) of Section 201 of this Act upon electing pass-through |
4 | | entities. Beginning August 1, 2023, the Treasurer shall |
5 | | transfer each month from the General Revenue Fund to the Local |
6 | | Government Distributive Fund an amount equal to the sum of: |
7 | | (i) 6.47% of the net revenue realized from the tax imposed by |
8 | | subsections (a) and (b) of Section 201 of this Act upon |
9 | | individuals, trusts, and estates during the preceding month; |
10 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
11 | | subsections (a) and (b) of Section 201 of this Act upon |
12 | | corporations during the preceding month; and (iii) 6.47% of |
13 | | the net revenue realized from the tax imposed by subsection |
14 | | (p) of Section 201 of this Act upon electing pass-through |
15 | | entities. Net revenue realized for a month shall be defined as |
16 | | the revenue from the tax imposed by subsections (a) and (b) of |
17 | | Section 201 of this Act which is deposited into the General |
18 | | Revenue Fund, the Education Assistance Fund, the Income Tax |
19 | | Surcharge Local Government Distributive Fund, the Fund for the |
20 | | Advancement of Education, and the Commitment to Human Services |
21 | | Fund during the month minus the amount paid out of the General |
22 | | Revenue Fund in State warrants during that same month as |
23 | | refunds to taxpayers for overpayment of liability under the |
24 | | tax imposed by subsections (a) and (b) of Section 201 of this |
25 | | Act. |
26 | | Notwithstanding any provision of law to the contrary, |
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1 | | beginning on July 6, 2017 (the effective date of Public Act |
2 | | 100-23), those amounts required under this subsection (b) to |
3 | | be transferred by the Treasurer into the Local Government |
4 | | Distributive Fund from the General Revenue Fund shall be |
5 | | directly deposited into the Local Government Distributive Fund |
6 | | as the revenue is realized from the tax imposed by subsections |
7 | | (a) and (b) of Section 201 of this Act. |
8 | | (c) Deposits Into Income Tax Refund Fund. |
9 | | (1) Beginning on January 1, 1989 and thereafter, the |
10 | | Department shall deposit a percentage of the amounts |
11 | | collected pursuant to subsections (a) and (b)(1), (2), and |
12 | | (3) of Section 201 of this Act into a fund in the State |
13 | | treasury known as the Income Tax Refund Fund. Beginning |
14 | | with State fiscal year 1990 and for each fiscal year |
15 | | thereafter, the percentage deposited into the Income Tax |
16 | | Refund Fund during a fiscal year shall be the Annual |
17 | | Percentage. For fiscal year 2011, the Annual Percentage |
18 | | shall be 8.75%. For fiscal year 2012, the Annual |
19 | | Percentage shall be 8.75%. For fiscal year 2013, the |
20 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
21 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
22 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
23 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
24 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
25 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
26 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
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1 | | the Annual Percentage shall be 9.25%. For fiscal year |
2 | | 2023, the Annual Percentage shall be 9.25%. For fiscal |
3 | | year 2024, the Annual Percentage shall be 9.15%. For |
4 | | fiscal year 2025, the Annual Percentage shall be 9.15%. |
5 | | For fiscal year 2026, the Annual Percentage shall be |
6 | | 9.15%. For all other fiscal years, the Annual Percentage |
7 | | shall be calculated as a fraction, the numerator of which |
8 | | shall be the amount of refunds approved for payment by the |
9 | | Department during the preceding fiscal year as a result of |
10 | | overpayment of tax liability under subsections (a) and |
11 | | (b)(1), (2), and (3) of Section 201 of this Act plus the |
12 | | amount of such refunds remaining approved but unpaid at |
13 | | the end of the preceding fiscal year, minus the amounts |
14 | | transferred into the Income Tax Refund Fund from the |
15 | | Tobacco Settlement Recovery Fund, and the denominator of |
16 | | which shall be the amounts which will be collected |
17 | | pursuant to subsections (a) and (b)(1), (2), and (3) of |
18 | | Section 201 of this Act during the preceding fiscal year; |
19 | | except that in State fiscal year 2002, the Annual |
20 | | Percentage shall in no event exceed 7.6%. The Director of |
21 | | Revenue shall certify the Annual Percentage to the |
22 | | Comptroller on the last business day of the fiscal year |
23 | | immediately preceding the fiscal year for which it is to |
24 | | be effective. |
25 | | (2) Beginning on January 1, 1989 and thereafter, the |
26 | | Department shall deposit a percentage of the amounts |
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1 | | collected pursuant to subsections (a) and (b)(6), (7), and |
2 | | (8), (c) and (d) of Section 201 of this Act into a fund in |
3 | | the State treasury known as the Income Tax Refund Fund. |
4 | | Beginning with State fiscal year 1990 and for each fiscal |
5 | | year thereafter, the percentage deposited into the Income |
6 | | Tax Refund Fund during a fiscal year shall be the Annual |
7 | | Percentage. For fiscal year 2011, the Annual Percentage |
8 | | shall be 17.5%. For fiscal year 2012, the Annual |
9 | | Percentage shall be 17.5%. For fiscal year 2013, the |
10 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
11 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
12 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
13 | | the Annual Percentage shall be 17.5%. For fiscal year |
14 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
15 | | year 2020, the Annual Percentage shall be 14.25%. For |
16 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
17 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
18 | | fiscal year 2023, the Annual Percentage shall be 14.5%. |
19 | | For fiscal year 2024, the Annual Percentage shall be 14%. |
20 | | For fiscal year 2025, the Annual Percentage shall be 14%. |
21 | | For fiscal year 2026, the Annual Percentage shall be 14%. |
22 | | For all other fiscal years, the Annual Percentage shall be |
23 | | calculated as a fraction, the numerator of which shall be |
24 | | the amount of refunds approved for payment by the |
25 | | Department during the preceding fiscal year as a result of |
26 | | overpayment of tax liability under subsections (a) and |
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1 | | (b)(6), (7), and (8), (c) and (d) of Section 201 of this |
2 | | Act plus the amount of such refunds remaining approved but |
3 | | unpaid at the end of the preceding fiscal year, and the |
4 | | denominator of which shall be the amounts which will be |
5 | | collected pursuant to subsections (a) and (b)(6), (7), and |
6 | | (8), (c) and (d) of Section 201 of this Act during the |
7 | | preceding fiscal year; except that in State fiscal year |
8 | | 2002, the Annual Percentage shall in no event exceed 23%. |
9 | | The Director of Revenue shall certify the Annual |
10 | | Percentage to the Comptroller on the last business day of |
11 | | the fiscal year immediately preceding the fiscal year for |
12 | | which it is to be effective. |
13 | | (3) The Comptroller shall order transferred and the |
14 | | Treasurer shall transfer from the Tobacco Settlement |
15 | | Recovery Fund to the Income Tax Refund Fund (i) |
16 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
17 | | 2002, and (iii) $35,000,000 in January, 2003. |
18 | | (d) Expenditures from Income Tax Refund Fund. |
19 | | (1) Beginning January 1, 1989, money in the Income Tax |
20 | | Refund Fund shall be expended exclusively for the purpose |
21 | | of paying refunds resulting from overpayment of tax |
22 | | liability under Section 201 of this Act and for making |
23 | | transfers pursuant to this subsection (d), except that in |
24 | | State fiscal years 2022 and 2023, moneys in the Income Tax |
25 | | Refund Fund shall also be used to pay one-time rebate |
26 | | payments as provided under Sections 208.5 and 212.1. |
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1 | | (2) The Director shall order payment of refunds |
2 | | resulting from overpayment of tax liability under Section |
3 | | 201 of this Act from the Income Tax Refund Fund only to the |
4 | | extent that amounts collected pursuant to Section 201 of |
5 | | this Act and transfers pursuant to this subsection (d) and |
6 | | item (3) of subsection (c) have been deposited and |
7 | | retained in the Fund. |
8 | | (3) As soon as possible after the end of each fiscal |
9 | | year, the Director shall order transferred and the State |
10 | | Treasurer and State Comptroller shall transfer from the |
11 | | Income Tax Refund Fund to the Personal Property Tax |
12 | | Replacement Fund an amount, certified by the Director to |
13 | | the Comptroller, equal to the excess of the amount |
14 | | collected pursuant to subsections (c) and (d) of Section |
15 | | 201 of this Act deposited into the Income Tax Refund Fund |
16 | | during the fiscal year over the amount of refunds |
17 | | resulting from overpayment of tax liability under |
18 | | subsections (c) and (d) of Section 201 of this Act paid |
19 | | from the Income Tax Refund Fund during the fiscal year. |
20 | | (4) As soon as possible after the end of each fiscal |
21 | | year, the Director shall order transferred and the State |
22 | | Treasurer and State Comptroller shall transfer from the |
23 | | Personal Property Tax Replacement Fund to the Income Tax |
24 | | Refund Fund an amount, certified by the Director to the |
25 | | Comptroller, equal to the excess of the amount of refunds |
26 | | resulting from overpayment of tax liability under |
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1 | | subsections (c) and (d) of Section 201 of this Act paid |
2 | | from the Income Tax Refund Fund during the fiscal year |
3 | | over the amount collected pursuant to subsections (c) and |
4 | | (d) of Section 201 of this Act deposited into the Income |
5 | | Tax Refund Fund during the fiscal year. |
6 | | (4.5) As soon as possible after the end of fiscal year |
7 | | 1999 and of each fiscal year thereafter, the Director |
8 | | shall order transferred and the State Treasurer and State |
9 | | Comptroller shall transfer from the Income Tax Refund Fund |
10 | | to the General Revenue Fund any surplus remaining in the |
11 | | Income Tax Refund Fund as of the end of such fiscal year; |
12 | | excluding for fiscal years 2000, 2001, and 2002 amounts |
13 | | attributable to transfers under item (3) of subsection (c) |
14 | | less refunds resulting from the earned income tax credit, |
15 | | and excluding for fiscal year 2022 amounts attributable to |
16 | | transfers from the General Revenue Fund authorized by |
17 | | Public Act 102-700. |
18 | | (5) This Act shall constitute an irrevocable and |
19 | | continuing appropriation from the Income Tax Refund Fund |
20 | | for the purposes of (i) paying refunds upon the order of |
21 | | the Director in accordance with the provisions of this |
22 | | Section and (ii) paying one-time rebate payments under |
23 | | Sections 208.5 and 212.1. |
24 | | (e) Deposits into the Education Assistance Fund and the |
25 | | Income Tax Surcharge Local Government Distributive Fund. On |
26 | | July 1, 1991, and thereafter, of the amounts collected |
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1 | | pursuant to subsections (a) and (b) of Section 201 of this Act, |
2 | | minus deposits into the Income Tax Refund Fund, the Department |
3 | | shall deposit 7.3% into the Education Assistance Fund in the |
4 | | State Treasury. Beginning July 1, 1991, and continuing through |
5 | | January 31, 1993, of the amounts collected pursuant to |
6 | | subsections (a) and (b) of Section 201 of the Illinois Income |
7 | | Tax Act, minus deposits into the Income Tax Refund Fund, the |
8 | | Department shall deposit 3.0% into the Income Tax Surcharge |
9 | | Local Government Distributive Fund in the State Treasury. |
10 | | Beginning February 1, 1993 and continuing through June 30, |
11 | | 1993, of the amounts collected pursuant to subsections (a) and |
12 | | (b) of Section 201 of the Illinois Income Tax Act, minus |
13 | | deposits into the Income Tax Refund Fund, the Department shall |
14 | | deposit 4.4% into the Income Tax Surcharge Local Government |
15 | | Distributive Fund in the State Treasury. Beginning July 1, |
16 | | 1993, and continuing through June 30, 1994, of the amounts |
17 | | collected under subsections (a) and (b) of Section 201 of this |
18 | | Act, minus deposits into the Income Tax Refund Fund, the |
19 | | Department shall deposit 1.475% into the Income Tax Surcharge |
20 | | Local Government Distributive Fund in the State Treasury. |
21 | | (f) Deposits into the Fund for the Advancement of |
22 | | Education. Beginning February 1, 2015, the Department shall |
23 | | deposit the following portions of the revenue realized from |
24 | | the tax imposed upon individuals, trusts, and estates by |
25 | | subsections (a) and (b) of Section 201 of this Act, minus |
26 | | deposits into the Income Tax Refund Fund, into the Fund for the |
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1 | | Advancement of Education: |
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 (f) on or after the effective date of the |
9 | | reduction. |
10 | | (g) Deposits into the Commitment to Human Services Fund. |
11 | | Beginning February 1, 2015, the Department shall deposit the |
12 | | following portions of the revenue realized from the tax |
13 | | imposed upon individuals, trusts, and estates by subsections |
14 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
15 | | Income Tax Refund Fund, into the Commitment to Human Services |
16 | | Fund: |
17 | | (1) beginning February 1, 2015, and prior to February |
18 | | 1, 2025, 1/30; and |
19 | | (2) beginning February 1, 2025, 1/26. |
20 | | If the rate of tax imposed by subsection (a) and (b) of |
21 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
22 | | the Department shall not make the deposits required by this |
23 | | subsection (g) on or after the effective date of the |
24 | | reduction. |
25 | | (h) Deposits into the Tax Compliance and Administration |
26 | | Fund. Beginning on the first day of the first calendar month to |
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1 | | occur on or after August 26, 2014 (the effective date of Public |
2 | | Act 98-1098), each month the Department shall pay into the Tax |
3 | | Compliance and Administration Fund, to be used, subject to |
4 | | appropriation, to fund additional auditors and compliance |
5 | | personnel at the Department, an amount equal to 1/12 of 5% of |
6 | | the cash receipts collected during the preceding fiscal year |
7 | | by the Audit Bureau of the Department from the tax imposed by |
8 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
9 | | net of deposits into the Income Tax Refund Fund made from those |
10 | | cash receipts. |
11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; |
12 | | 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. |
13 | | 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154, |
14 | | eff. 6-30-23; 103-588, eff. 6-5-24.)
|
15 | | Section 5-65. The Property Tax Code is amended by changing |
16 | | Section 31-35 as follows:
|
17 | | (35 ILCS 200/31-35) |
18 | | Sec. 31-35. Deposit of tax revenue. |
19 | | (a) Beginning on June 6, 2002 ( the effective date of |
20 | | Public Act 92-536) this amendatory Act of the 92nd General |
21 | | Assembly and through June 30, 2003, of the moneys collected |
22 | | under Section 31-15, 50% shall be deposited into the Illinois |
23 | | Affordable Housing Trust Fund, 20% into the Open Space Lands |
24 | | Acquisition and Development Fund, 5% into the Natural Areas |
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1 | | Acquisition Fund, and 25% into the General Revenue Fund. |
2 | | (b) Beginning July 1, 2003, and through June 30, 2025, of |
3 | | the moneys collected under Section 31-15, 50% shall be |
4 | | deposited into the Illinois Affordable Housing Trust Fund, 35% |
5 | | into the Open Space Lands Acquisition and Development Fund, |
6 | | and 15% into the Natural Areas Acquisition Fund. |
7 | | (c) Beginning July 1, 2025, of the moneys collected under |
8 | | Section 31-15, the first $300,000 shall be deposited into the |
9 | | Governor's Administrative Fund each fiscal year. After all |
10 | | required deposits into the Governor's Administrative Fund have |
11 | | been made, the remainder shall be deposited as follows: |
12 | | (1) 50% into the Illinois Affordable Housing Trust |
13 | | Fund; |
14 | | (2) 35% into the Open Space Lands Acquisition and |
15 | | Development Fund; and |
16 | | (3) 15% into the Natural Areas Acquisition Fund. |
17 | | (Source: P.A. 91-555, eff. 1-1-00; 92-536, eff. 6-6-02; |
18 | | 92-874, eff. 7-1-03.)
|
19 | | Section 5-67. The Illinois Police Training Act is amended |
20 | | by changing Section 3.2 as follows:
|
21 | | (50 ILCS 705/3.2) |
22 | | Sec. 3.2. Statewide PTSD Mental Health Coordinator. |
23 | | (a) There is created under the authority of the Illinois |
24 | | Law Enforcement Training Standards Board the Statewide PTSD |
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1 | | Mental Health Coordinator, appointed by the Governor, by and |
2 | | with the advice and consent of the Senate, for a term of 4 |
3 | | years. The Statewide PTSD Mental Health Coordinator shall |
4 | | receive a salary as determined by the Board provided by law and |
5 | | is eligible for reappointment. The Statewide PTSD Mental |
6 | | Health Coordinator shall be responsible for implementing a |
7 | | program of mental health support and education for law |
8 | | enforcement officers. |
9 | | (b) The Statewide PTSD Mental Health Coordinator shall: |
10 | | (1) be an active duty law enforcement officer with an |
11 | | established career in different aspects of law |
12 | | enforcement, including, but not limited to, having |
13 | | experience as both a patrol officer and detective or in |
14 | | both urban and rural settings; |
15 | | (2) have a history of developing and disseminating |
16 | | evidence-based training in mental health and resilience |
17 | | and with a strong working knowledge of the legislative |
18 | | process at the State and local level; and |
19 | | (3) have an established history of working with police |
20 | | administrations and police unions. |
21 | | (c) The Statewide PTSD Mental Health Coordinator shall: |
22 | | (1) cooperate with statewide police academies to |
23 | | introduce police recruits to mental health issues they |
24 | | could face throughout their career in law enforcement; |
25 | | (2) assist in establishing mental health training for |
26 | | law enforcement, including resilience training, |
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1 | | trauma-based training, interdepartmental and |
2 | | intradepartmental training, and training for law |
3 | | enforcement families; |
4 | | (3) select medical professionals statewide to |
5 | | establish a reference list that can be utilized by police |
6 | | departments who seek out professionals who offer |
7 | | evidence-based treatment for trauma and have strong |
8 | | working knowledge of the challenges faced by law |
9 | | enforcement; |
10 | | (4) cooperate with police agencies to establish peer |
11 | | support programs; |
12 | | (5) cooperate with private limited liability companies |
13 | | who train in mental health and wellness to ensure that the |
14 | | company programs are scientifically sound and factual; |
15 | | (6) utilize the State university system to establish |
16 | | training and produce research documentation of training |
17 | | effectiveness; and |
18 | | (7) set standards for continuing education in mental |
19 | | health with an emphasis on meeting the developmental |
20 | | training needs for officers at various stages of their |
21 | | career. |
22 | | (d) The Statewide PTSD Mental Health Coordinator shall |
23 | | report to the Board on the development and implementation of |
24 | | programs and training for law enforcement officers and shall |
25 | | advise the Board and receive advice from the Board on |
26 | | direction and training needs for law enforcement agencies that |
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1 | | vary in size, location, and demographics. |
2 | | (Source: P.A. 103-382, eff. 1-1-24 .)
|
3 | | Section 5-70. The MC/DD Act is amended by changing Section |
4 | | 3-103 as follows:
|
5 | | (210 ILCS 46/3-103) |
6 | | Sec. 3-103. Application for license; financial statement. |
7 | | The procedure for obtaining a valid license shall be as |
8 | | follows: |
9 | | (1) Application to operate a facility shall be made to |
10 | | the Department on forms furnished by the Department. |
11 | | (2) All license applications shall be accompanied by |
12 | | with an application fee. The fee for an annual license |
13 | | shall be $995. Facilities that pay a fee or assessment |
14 | | pursuant to Article V-C of the Illinois Public Aid Code |
15 | | shall be exempt from the license fee imposed under this |
16 | | item (2). The fee for a 2-year license shall be double the |
17 | | fee for the annual license set forth in the preceding |
18 | | sentence. The fees collected shall be deposited with the |
19 | | State Treasurer into the Long Term Care Monitor/Receiver |
20 | | Fund, which has been created as a special fund in the State |
21 | | treasury. This special fund is to be used by the |
22 | | Department for expenses related to the appointment of |
23 | | monitors and receivers as contained in Sections 3-501 |
24 | | through 3-517. At the end of each fiscal year, any funds in |
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1 | | excess of $1,000,000 held in the Long Term Care |
2 | | Monitor/Receiver Fund shall be deposited in the State's |
3 | | General Revenue Fund. The application shall be under oath |
4 | | and the submission of false or misleading information |
5 | | shall be a Class A misdemeanor. The application shall |
6 | | contain the following information: |
7 | | (a) The name and address of the applicant if an |
8 | | individual, and if a firm, partnership, or |
9 | | association, of every member thereof, and in the case |
10 | | of a corporation, the name and address thereof and of |
11 | | its officers and its registered agent, and in the case |
12 | | of a unit of local government, the name and address of |
13 | | its chief executive officer; |
14 | | (b) The name and location of the facility for |
15 | | which a license is sought; |
16 | | (c) The name of the person or persons under whose |
17 | | management or supervision the facility will be |
18 | | conducted; |
19 | | (d) The number and type of residents for which |
20 | | maintenance, personal care, or nursing is to be |
21 | | provided; and |
22 | | (e) Such information relating to the number, |
23 | | experience, and training of the employees of the |
24 | | facility, any management agreements for the operation |
25 | | of the facility, and of the moral character of the |
26 | | applicant and employees as the Department may deem |
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1 | | necessary. |
2 | | (3) Each initial application shall be accompanied by a |
3 | | financial statement setting forth the financial condition |
4 | | of the applicant and by a statement from the unit of local |
5 | | government having zoning jurisdiction over the facility's |
6 | | location stating that the location of the facility is not |
7 | | in violation of a zoning ordinance. An initial application |
8 | | for a new facility shall be accompanied by a permit as |
9 | | required by the Illinois Health Facilities Planning Act. |
10 | | After the application is approved, the applicant shall |
11 | | advise the Department every 6 months of any changes in the |
12 | | information originally provided in the application. |
13 | | (4) Other information necessary to determine the |
14 | | identity and qualifications of an applicant to operate a |
15 | | facility in accordance with this Act shall be included in |
16 | | the application as required by the Department in |
17 | | regulations. |
18 | | (Source: P.A. 99-180, eff. 7-29-15.)
|
19 | | Section 5-75. The ID/DD Community Care Act is amended by |
20 | | changing Section 3-103 as follows:
|
21 | | (210 ILCS 47/3-103) |
22 | | Sec. 3-103. Application for license; financial statement. |
23 | | The procedure for obtaining a valid license shall be as |
24 | | follows: |
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1 | | (1) Application to operate a facility shall be made to |
2 | | the Department on forms furnished by the Department. |
3 | | (2) All license applications shall be accompanied by |
4 | | with an application fee. The fee for an annual license |
5 | | shall be $995. Facilities that pay a fee or assessment |
6 | | pursuant to Article V-C of the Illinois Public Aid Code |
7 | | shall be exempt from the license fee imposed under this |
8 | | item (2). The fee for a 2-year license shall be double the |
9 | | fee for the annual license set forth in the preceding |
10 | | sentence. The fees collected shall be deposited with the |
11 | | State Treasurer into the Long Term Care Monitor/Receiver |
12 | | Fund, which has been created as a special fund in the State |
13 | | treasury. This special fund is to be used by the |
14 | | Department for expenses related to the appointment of |
15 | | monitors and receivers as contained in Sections 3-501 |
16 | | through 3-517. At the end of each fiscal year, any funds in |
17 | | excess of $1,000,000 held in the Long Term Care |
18 | | Monitor/Receiver Fund shall be deposited in the State's |
19 | | General Revenue Fund. The application shall be under oath |
20 | | and the submission of false or misleading information |
21 | | shall be a Class A misdemeanor. The application shall |
22 | | contain the following information: |
23 | | (a) The name and address of the applicant if an |
24 | | individual, and if a firm, partnership, or |
25 | | association, of every member thereof, and in the case |
26 | | of a corporation, the name and address thereof and of |
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1 | | its officers and its registered agent, and in the case |
2 | | of a unit of local government, the name and address of |
3 | | its chief executive officer; |
4 | | (b) The name and location of the facility for |
5 | | which a license is sought; |
6 | | (c) The name of the person or persons under whose |
7 | | management or supervision the facility will be |
8 | | conducted; |
9 | | (d) The number and type of residents for which |
10 | | maintenance, personal care, or nursing is to be |
11 | | provided; and |
12 | | (e) Such information relating to the number, |
13 | | experience, and training of the employees of the |
14 | | facility, any management agreements for the operation |
15 | | of the facility, and of the moral character of the |
16 | | applicant and employees as the Department may deem |
17 | | necessary. |
18 | | (3) Each initial application shall be accompanied by a |
19 | | financial statement setting forth the financial condition |
20 | | of the applicant and by a statement from the unit of local |
21 | | government having zoning jurisdiction over the facility's |
22 | | location stating that the location of the facility is not |
23 | | in violation of a zoning ordinance. An initial application |
24 | | for a new facility shall be accompanied by a permit as |
25 | | required by the Illinois Health Facilities Planning Act. |
26 | | After the application is approved, the applicant shall |
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1 | | advise the Department every 6 months of any changes in the |
2 | | information originally provided in the application. |
3 | | (4) Other information necessary to determine the |
4 | | identity and qualifications of an applicant to operate a |
5 | | facility in accordance with this Act shall be included in |
6 | | the application as required by the Department in |
7 | | regulations. |
8 | | (Source: P.A. 96-339, eff. 7-1-10 .)
|
9 | | Section 5-80. The Illinois Insurance Code is amended by |
10 | | changing Section 500-135 as follows:
|
11 | | (215 ILCS 5/500-135) |
12 | | (Section scheduled to be repealed on January 1, 2027) |
13 | | Sec. 500-135. Fees. |
14 | | (a) The fees required by this Article are as follows: |
15 | | (1) a fee of $215 for a person who is a resident of |
16 | | Illinois, and $380 for a person who is not a resident of |
17 | | Illinois, payable once every 2 years for an insurance |
18 | | producer license; |
19 | | (2) a fee of $50 for the issuance of a temporary |
20 | | insurance producer license; |
21 | | (3) a fee of $150 payable once every 2 years for a |
22 | | business entity; |
23 | | (4) an annual $50 fee for a limited line producer |
24 | | license issued under items (1) through (8) of subsection |
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1 | | (a) of Section 500-100; |
2 | | (5) a $50 application fee for the processing of a |
3 | | request to take the written examination for an insurance |
4 | | producer license; |
5 | | (6) an annual registration fee of $1,000 for |
6 | | registration of an education provider; |
7 | | (7) a certification fee of $50 for each certified |
8 | | pre-licensing or continuing education course and an annual |
9 | | fee of $20 for renewing the certification of each such |
10 | | course; |
11 | | (8) a fee of $215 for a person who is a resident of |
12 | | Illinois, and $380 for a person who is not a resident of |
13 | | Illinois, payable once every 2 years for a car rental |
14 | | limited line license; |
15 | | (9) a fee of $200 payable once every 2 years for a |
16 | | limited lines license other than the licenses issued under |
17 | | items (1) through (8) of subsection (a) of Section |
18 | | 500-100, a car rental limited line license, or a |
19 | | self-service storage facility limited line license; |
20 | | (10) a fee of $50 payable once every 2 years for a |
21 | | self-service storage facility limited line license. |
22 | | (a-5) The Department shall annually transfer Beginning on |
23 | | July 1, 2021, an amount equal to the additional amount of |
24 | | revenue collected under paragraphs (1) and (8) of subsection |
25 | | (a) as a result of the increase in the fees under Public Act |
26 | | 102-16 from the Insurance Producer Administration Fund to the |
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1 | | designated funds as follows: this amendatory Act of the 102nd |
2 | | General Assembly shall be transferred annually, with |
3 | | (1) Through June 30, 2025, 10% of that amount paid |
4 | | into the State Police Law Enforcement Administration Fund |
5 | | and 90% of that amount paid into the Law Enforcement |
6 | | Training Fund ; and |
7 | | (2) Beginning July 1, 2025, 10% into the State Police |
8 | | Law Enforcement Administration Fund, 10% into the State |
9 | | Police Vehicle Fund, and 80% into the Law Enforcement |
10 | | Training Fund . |
11 | | (b) Except as otherwise provided, all fees paid to and |
12 | | collected by the Director under this Section shall be paid |
13 | | promptly after receipt thereof, together with a detailed |
14 | | statement of such fees, into a special fund in the State |
15 | | Treasury to be known as the Insurance Producer Administration |
16 | | Fund. The moneys deposited into the Insurance Producer |
17 | | Administration Fund may be used only for payment of the |
18 | | expenses of the Department in the execution, administration, |
19 | | and enforcement of the insurance laws of this State, and shall |
20 | | be appropriated as otherwise provided by law for the payment |
21 | | of those expenses with first priority being any expenses |
22 | | incident to or associated with the administration and |
23 | | enforcement of this Article. |
24 | | (Source: P.A. 102-16, eff. 6-17-21; 103-609, eff. 7-1-24.)
|
25 | | Section 5-85. The Illinois Gambling Act is amended by |
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1 | | changing Section 13 as follows:
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2 | | (230 ILCS 10/13) (from Ch. 120, par. 2413) |
3 | | Sec. 13. Wagering tax; rate; distribution. |
4 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
5 | | gross receipts received from gambling games authorized under |
6 | | this Act at the rate of 20%. |
7 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
8 | | tax is imposed on persons engaged in the business of |
9 | | conducting riverboat gambling operations, based on the |
10 | | adjusted gross receipts received by a licensed owner from |
11 | | gambling games authorized under this Act at the following |
12 | | rates: |
13 | | 15% of annual adjusted gross receipts up to and |
14 | | including $25,000,000; |
15 | | 20% of annual adjusted gross receipts in excess of |
16 | | $25,000,000 but not exceeding $50,000,000; |
17 | | 25% of annual adjusted gross receipts in excess of |
18 | | $50,000,000 but not exceeding $75,000,000; |
19 | | 30% of annual adjusted gross receipts in excess of |
20 | | $75,000,000 but not exceeding $100,000,000; |
21 | | 35% of annual adjusted gross receipts in excess of |
22 | | $100,000,000. |
23 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
24 | | is imposed on persons engaged in the business of conducting |
25 | | riverboat gambling operations, other than licensed managers |
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1 | | conducting riverboat gambling operations on behalf of the |
2 | | State, based on the adjusted gross receipts received by a |
3 | | licensed owner from gambling games authorized under this Act |
4 | | at the following rates: |
5 | | 15% of annual adjusted gross receipts up to and |
6 | | including $25,000,000; |
7 | | 22.5% of annual adjusted gross receipts in excess of |
8 | | $25,000,000 but not exceeding $50,000,000; |
9 | | 27.5% of annual adjusted gross receipts in excess of |
10 | | $50,000,000 but not exceeding $75,000,000; |
11 | | 32.5% of annual adjusted gross receipts in excess of |
12 | | $75,000,000 but not exceeding $100,000,000; |
13 | | 37.5% of annual adjusted gross receipts in excess of |
14 | | $100,000,000 but not exceeding $150,000,000; |
15 | | 45% of annual adjusted gross receipts in excess of |
16 | | $150,000,000 but not exceeding $200,000,000; |
17 | | 50% of annual adjusted gross receipts in excess of |
18 | | $200,000,000. |
19 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed |
20 | | on persons engaged in the business of conducting riverboat |
21 | | gambling operations, other than licensed managers conducting |
22 | | riverboat gambling operations on behalf of the State, based on |
23 | | the adjusted gross receipts received by a licensed owner from |
24 | | gambling games authorized under this Act at the following |
25 | | rates: |
26 | | 15% of annual adjusted gross receipts up to and |
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1 | | including $25,000,000; |
2 | | 27.5% of annual adjusted gross receipts in excess of |
3 | | $25,000,000 but not exceeding $37,500,000; |
4 | | 32.5% of annual adjusted gross receipts in excess of |
5 | | $37,500,000 but not exceeding $50,000,000; |
6 | | 37.5% of annual adjusted gross receipts in excess of |
7 | | $50,000,000 but not exceeding $75,000,000; |
8 | | 45% of annual adjusted gross receipts in excess of |
9 | | $75,000,000 but not exceeding $100,000,000; |
10 | | 50% of annual adjusted gross receipts in excess of |
11 | | $100,000,000 but not exceeding $250,000,000; |
12 | | 70% of annual adjusted gross receipts in excess of |
13 | | $250,000,000. |
14 | | An amount equal to the amount of wagering taxes collected |
15 | | under this subsection (a-3) that are in addition to the amount |
16 | | of wagering taxes that would have been collected if the |
17 | | wagering tax rates under subsection (a-2) were in effect shall |
18 | | be paid into the Common School Fund. |
19 | | The privilege tax imposed under this subsection (a-3) |
20 | | shall no longer be imposed beginning on the earlier of (i) July |
21 | | 1, 2005; (ii) the first date after June 20, 2003 that riverboat |
22 | | gambling operations are conducted pursuant to a dormant |
23 | | license; or (iii) the first day that riverboat gambling |
24 | | operations are conducted under the authority of an owners |
25 | | license that is in addition to the 10 owners licenses |
26 | | initially authorized under this Act. For the purposes of this |
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1 | | subsection (a-3), the term "dormant license" means an owners |
2 | | license that is authorized by this Act under which no |
3 | | riverboat gambling operations are being conducted on June 20, |
4 | | 2003. |
5 | | (a-4) Beginning on the first day on which the tax imposed |
6 | | under subsection (a-3) is no longer imposed and ending upon |
7 | | the imposition of the privilege tax under subsection (a-5) of |
8 | | this Section, a privilege tax is imposed on persons engaged in |
9 | | the business of conducting gambling operations, other than |
10 | | licensed managers conducting riverboat gambling operations on |
11 | | behalf of the State, based on the adjusted gross receipts |
12 | | received by a licensed owner from gambling games authorized |
13 | | under this Act at the following rates: |
14 | | 15% of annual adjusted gross receipts up to and |
15 | | including $25,000,000; |
16 | | 22.5% of annual adjusted gross receipts in excess of |
17 | | $25,000,000 but not exceeding $50,000,000; |
18 | | 27.5% of annual adjusted gross receipts in excess of |
19 | | $50,000,000 but not exceeding $75,000,000; |
20 | | 32.5% of annual adjusted gross receipts in excess of |
21 | | $75,000,000 but not exceeding $100,000,000; |
22 | | 37.5% of annual adjusted gross receipts in excess of |
23 | | $100,000,000 but not exceeding $150,000,000; |
24 | | 45% of annual adjusted gross receipts in excess of |
25 | | $150,000,000 but not exceeding $200,000,000; |
26 | | 50% of annual adjusted gross receipts in excess of |
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1 | | $200,000,000. |
2 | | For the imposition of the privilege tax in this subsection |
3 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
4 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
5 | | be included in the determination of adjusted gross receipts. |
6 | | (a-5)(1) Beginning on July 1, 2020, a privilege tax is |
7 | | imposed on persons engaged in the business of conducting |
8 | | gambling operations, other than the owners licensee under |
9 | | paragraph (1) of subsection (e-5) of Section 7 and licensed |
10 | | managers conducting riverboat gambling operations on behalf of |
11 | | the State, based on the adjusted gross receipts received by |
12 | | such licensee from the gambling games authorized under this |
13 | | Act. The privilege tax for all gambling games other than table |
14 | | games, including, but not limited to, slot machines, video |
15 | | game of chance gambling, and electronic gambling games shall |
16 | | be at the following rates: |
17 | | 15% of annual adjusted gross receipts up to and |
18 | | including $25,000,000; |
19 | | 22.5% of annual adjusted gross receipts in excess of |
20 | | $25,000,000 but not exceeding $50,000,000; |
21 | | 27.5% of annual adjusted gross receipts in excess of |
22 | | $50,000,000 but not exceeding $75,000,000; |
23 | | 32.5% of annual adjusted gross receipts in excess of |
24 | | $75,000,000 but not exceeding $100,000,000; |
25 | | 37.5% of annual adjusted gross receipts in excess of |
26 | | $100,000,000 but not exceeding $150,000,000; |
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1 | | 45% of annual adjusted gross receipts in excess of |
2 | | $150,000,000 but not exceeding $200,000,000; |
3 | | 50% of annual adjusted gross receipts in excess of |
4 | | $200,000,000. |
5 | | The privilege tax for table games shall be at the |
6 | | following rates: |
7 | | 15% of annual adjusted gross receipts up to and |
8 | | including $25,000,000; |
9 | | 20% of annual adjusted gross receipts in excess of |
10 | | $25,000,000. |
11 | | For the imposition of the privilege tax in this subsection |
12 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
13 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
14 | | be included in the determination of adjusted gross receipts. |
15 | | (2) Beginning on the first day that an owners licensee |
16 | | under paragraph (1) of subsection (e-5) of Section 7 conducts |
17 | | gambling operations, either in a temporary facility or a |
18 | | permanent facility, a privilege tax is imposed on persons |
19 | | engaged in the business of conducting gambling operations |
20 | | under paragraph (1) of subsection (e-5) of Section 7, other |
21 | | than licensed managers conducting riverboat gambling |
22 | | operations on behalf of the State, based on the adjusted gross |
23 | | receipts received by such licensee from the gambling games |
24 | | authorized under this Act. The privilege tax for all gambling |
25 | | games other than table games, including, but not limited to, |
26 | | slot machines, video game of chance gambling, and electronic |
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1 | | gambling games shall be at the following rates: |
2 | | 12% of annual adjusted gross receipts up to and |
3 | | including $25,000,000 to the State and 10.5% of annual |
4 | | adjusted gross receipts up to and including $25,000,000 to |
5 | | the City of Chicago; |
6 | | 16% of annual adjusted gross receipts in excess of |
7 | | $25,000,000 but not exceeding $50,000,000 to the State and |
8 | | 14% of annual adjusted gross receipts in excess of |
9 | | $25,000,000 but not exceeding $50,000,000 to the City of |
10 | | Chicago; |
11 | | 20.1% of annual adjusted gross receipts in excess of |
12 | | $50,000,000 but not exceeding $75,000,000 to the State and |
13 | | 17.4% of annual adjusted gross receipts in excess of |
14 | | $50,000,000 but not exceeding $75,000,000 to the City of |
15 | | Chicago; |
16 | | 21.4% of annual adjusted gross receipts in excess of |
17 | | $75,000,000 but not exceeding $100,000,000 to the State |
18 | | and 18.6% of annual adjusted gross receipts in excess of |
19 | | $75,000,000 but not exceeding $100,000,000 to the City of |
20 | | Chicago; |
21 | | 22.7% of annual adjusted gross receipts in excess of |
22 | | $100,000,000 but not exceeding $150,000,000 to the State |
23 | | and 19.8% of annual adjusted gross receipts in excess of |
24 | | $100,000,000 but not exceeding $150,000,000 to the City of |
25 | | Chicago; |
26 | | 24.1% of annual adjusted gross receipts in excess of |
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1 | | $150,000,000 but not exceeding $225,000,000 to the State |
2 | | and 20.9% of annual adjusted gross receipts in excess of |
3 | | $150,000,000 but not exceeding $225,000,000 to the City of |
4 | | Chicago; |
5 | | 26.8% of annual adjusted gross receipts in excess of |
6 | | $225,000,000 but not exceeding $1,000,000,000 to the State |
7 | | and 23.2% of annual adjusted gross receipts in excess of |
8 | | $225,000,000 but not exceeding $1,000,000,000 to the City |
9 | | of Chicago; |
10 | | 40% of annual adjusted gross receipts in excess of |
11 | | $1,000,000,000 to the State and 34.7% of annual gross |
12 | | receipts in excess of $1,000,000,000 to the City of |
13 | | Chicago. |
14 | | The privilege tax for table games shall be at the |
15 | | following rates: |
16 | | 8.1% of annual adjusted gross receipts up to and |
17 | | including $25,000,000 to the State and 6.9% of annual |
18 | | adjusted gross receipts up to and including $25,000,000 to |
19 | | the City of Chicago; |
20 | | 10.7% of annual adjusted gross receipts in excess of |
21 | | $25,000,000 but not exceeding $75,000,000 to the State and |
22 | | 9.3% of annual adjusted gross receipts in excess of |
23 | | $25,000,000 but not exceeding $75,000,000 to the City of |
24 | | Chicago; |
25 | | 11.2% of annual adjusted gross receipts in excess of |
26 | | $75,000,000 but not exceeding $175,000,000 to the State |
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1 | | and 9.8% of annual adjusted gross receipts in excess of |
2 | | $75,000,000 but not exceeding $175,000,000 to the City of |
3 | | Chicago; |
4 | | 13.5% of annual adjusted gross receipts in excess of |
5 | | $175,000,000 but not exceeding $225,000,000 to the State |
6 | | and 11.5% of annual adjusted gross receipts in excess of |
7 | | $175,000,000 but not exceeding $225,000,000 to the City of |
8 | | Chicago; |
9 | | 15.1% of annual adjusted gross receipts in excess of |
10 | | $225,000,000 but not exceeding $275,000,000 to the State |
11 | | and 12.9% of annual adjusted gross receipts in excess of |
12 | | $225,000,000 but not exceeding $275,000,000 to the City of |
13 | | Chicago; |
14 | | 16.2% of annual adjusted gross receipts in excess of |
15 | | $275,000,000 but not exceeding $375,000,000 to the State |
16 | | and 13.8% of annual adjusted gross receipts in excess of |
17 | | $275,000,000 but not exceeding $375,000,000 to the City of |
18 | | Chicago; |
19 | | 18.9% of annual adjusted gross receipts in excess of |
20 | | $375,000,000 to the State and 16.1% of annual gross |
21 | | receipts in excess of $375,000,000 to the City of Chicago. |
22 | | For the imposition of the privilege tax in this subsection |
23 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
24 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
25 | | be included in the determination of adjusted gross receipts. |
26 | | (3) Notwithstanding the provisions of this subsection |
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1 | | (a-5), for the first 10 years that the privilege tax is imposed |
2 | | under this subsection (a-5) or until the year preceding the |
3 | | calendar year in which paragraph (4) becomes operative, |
4 | | whichever occurs first, the privilege tax shall be imposed on |
5 | | the modified annual adjusted gross receipts of a riverboat or |
6 | | casino conducting gambling operations in the City of East St. |
7 | | Louis, unless: |
8 | | (1) the riverboat or casino fails to employ at least |
9 | | 450 people, except no minimum employment shall be required |
10 | | during 2020 and 2021 or during periods that the riverboat |
11 | | or casino is closed on orders of State officials for |
12 | | public health emergencies or other emergencies not caused |
13 | | by the riverboat or casino; |
14 | | (2) the riverboat or casino fails to maintain |
15 | | operations in a manner consistent with this Act or is not a |
16 | | viable riverboat or casino subject to the approval of the |
17 | | Board; or |
18 | | (3) the owners licensee is not an entity in which |
19 | | employees participate in an employee stock ownership plan |
20 | | or in which the owners licensee sponsors a 401(k) |
21 | | retirement plan and makes a matching employer contribution |
22 | | equal to at least one-quarter of the first 12% or one-half |
23 | | of the first 6% of each participating employee's |
24 | | contribution, not to exceed any limitations under federal |
25 | | laws and regulations. |
26 | | (4) Notwithstanding the provisions of this subsection |
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1 | | (a-5), for 10 calendar years beginning in the year that |
2 | | gambling operations commence either in a temporary or |
3 | | permanent facility at an organization gaming facility located |
4 | | in the City of Collinsville, the privilege tax imposed under |
5 | | this subsection (a-5) on a riverboat or casino conducting |
6 | | gambling operations in the City of East St. Louis shall be |
7 | | reduced, if applicable, by an amount equal to the difference |
8 | | in adjusted gross receipts for the 2022 calendar year less the |
9 | | current year's adjusted gross receipts, unless: |
10 | | (A) the riverboat or casino fails to employ at least |
11 | | 350 people, except that no minimum employment shall be |
12 | | required during periods that the riverboat or casino is |
13 | | closed on orders of State officials for public health |
14 | | emergencies or other emergencies not caused by the |
15 | | riverboat or casino; |
16 | | (B) the riverboat or casino fails to maintain |
17 | | operations in a manner consistent with this Act or is not a |
18 | | viable riverboat or casino subject to the approval of the |
19 | | Board; or |
20 | | (C) the riverboat or casino fails to submit audited |
21 | | financial statements to the Board prepared by an |
22 | | accounting firm that has been preapproved by the Board and |
23 | | such statements were prepared in accordance with the |
24 | | provisions of the Financial Accounting Standards Board |
25 | | Accounting Standards Codification under nongovernmental |
26 | | accounting principles generally accepted in the United |
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1 | | States. |
2 | | As used in this subsection (a-5), "modified annual |
3 | | adjusted gross receipts" means: |
4 | | (A) for calendar year 2020, the annual adjusted gross |
5 | | receipts for the current year minus the difference between |
6 | | an amount equal to the average annual adjusted gross |
7 | | receipts from a riverboat or casino conducting gambling |
8 | | operations in the City of East St. Louis for 2014, 2015, |
9 | | 2016, 2017, and 2018 and the annual adjusted gross |
10 | | receipts for 2018; |
11 | | (B) for calendar year 2021, the annual adjusted gross |
12 | | receipts for the current year minus the difference between |
13 | | an amount equal to the average annual adjusted gross |
14 | | receipts from a riverboat or casino conducting gambling |
15 | | operations in the City of East St. Louis for 2014, 2015, |
16 | | 2016, 2017, and 2018 and the annual adjusted gross |
17 | | receipts for 2019; and |
18 | | (C) for calendar years 2022 through 2029, the annual |
19 | | adjusted gross receipts for the current year minus the |
20 | | difference between an amount equal to the average annual |
21 | | adjusted gross receipts from a riverboat or casino |
22 | | conducting gambling operations in the City of East St. |
23 | | Louis for 3 years preceding the current year and the |
24 | | annual adjusted gross receipts for the immediately |
25 | | preceding year. |
26 | | (a-6) From June 28, 2019 (the effective date of Public Act |
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1 | | 101-31) until June 30, 2023, an owners licensee that conducted |
2 | | gambling operations prior to January 1, 2011 shall receive a |
3 | | dollar-for-dollar credit against the tax imposed under this |
4 | | Section for any renovation or construction costs paid by the |
5 | | owners licensee, but in no event shall the credit exceed |
6 | | $2,000,000. |
7 | | Additionally, from June 28, 2019 (the effective date of |
8 | | Public Act 101-31) until December 31, 2024, an owners licensee |
9 | | that (i) is located within 15 miles of the Missouri border, and |
10 | | (ii) has at least 3 riverboats, casinos, or their equivalent |
11 | | within a 45-mile radius, may be authorized to relocate to a new |
12 | | location with the approval of both the unit of local |
13 | | government designated as the home dock and the Board, so long |
14 | | as the new location is within the same unit of local government |
15 | | and no more than 3 miles away from its original location. Such |
16 | | owners licensee shall receive a credit against the tax imposed |
17 | | under this Section equal to 8% of the total project costs, as |
18 | | approved by the Board, for any renovation or construction |
19 | | costs paid by the owners licensee for the construction of the |
20 | | new facility, provided that the new facility is operational by |
21 | | July 1, 2024. In determining whether or not to approve a |
22 | | relocation, the Board must consider the extent to which the |
23 | | relocation will diminish the gaming revenues received by other |
24 | | Illinois gaming facilities. |
25 | | (a-7) Beginning in the initial adjustment year and through |
26 | | the final adjustment year, if the total obligation imposed |
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1 | | pursuant to either subsection (a-5) or (a-6) will result in an |
2 | | owners licensee receiving less after-tax adjusted gross |
3 | | receipts than it received in calendar year 2018, then the |
4 | | total amount of privilege taxes that the owners licensee is |
5 | | required to pay for that calendar year shall be reduced to the |
6 | | extent necessary so that the after-tax adjusted gross receipts |
7 | | in that calendar year equals the after-tax adjusted gross |
8 | | receipts in calendar year 2018, but the privilege tax |
9 | | reduction shall not exceed the annual adjustment cap. If |
10 | | pursuant to this subsection (a-7), the total obligation |
11 | | imposed pursuant to either subsection (a-5) or (a-6) shall be |
12 | | reduced, then the owners licensee shall not receive a refund |
13 | | from the State at the end of the subject calendar year but |
14 | | instead shall be able to apply that amount as a credit against |
15 | | any payments it owes to the State in the following calendar |
16 | | year to satisfy its total obligation under either subsection |
17 | | (a-5) or (a-6). The credit for the final adjustment year shall |
18 | | occur in the calendar year following the final adjustment |
19 | | year. |
20 | | If an owners licensee that conducted gambling operations |
21 | | prior to January 1, 2019 expands its riverboat or casino, |
22 | | including, but not limited to, with respect to its gaming |
23 | | floor, additional non-gaming amenities such as restaurants, |
24 | | bars, and hotels and other additional facilities, and incurs |
25 | | construction and other costs related to such expansion from |
26 | | June 28, 2019 (the effective date of Public Act 101-31) until |
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1 | | June 28, 2029, then for each $15,000,000 spent for any such |
2 | | construction or other costs related to expansion paid by the |
3 | | owners licensee, the final adjustment year shall be extended |
4 | | by one year and the annual adjustment cap shall increase by |
5 | | 0.2% of adjusted gross receipts during each calendar year |
6 | | until and including the final adjustment year. No further |
7 | | modifications to the final adjustment year or annual |
8 | | adjustment cap shall be made after $75,000,000 is incurred in |
9 | | construction or other costs related to expansion so that the |
10 | | final adjustment year shall not extend beyond the 9th calendar |
11 | | year after the initial adjustment year, not including the |
12 | | initial adjustment year, and the annual adjustment cap shall |
13 | | not exceed 4% of adjusted gross receipts in a particular |
14 | | calendar year. Construction and other costs related to |
15 | | expansion shall include all project related costs, including, |
16 | | but not limited to, all hard and soft costs, financing costs, |
17 | | on or off-site ground, road or utility work, cost of gaming |
18 | | equipment and all other personal property, initial fees |
19 | | assessed for each incremental gaming position, and the cost of |
20 | | incremental land acquired for such expansion. Soft costs shall |
21 | | include, but not be limited to, legal fees, architect, |
22 | | engineering and design costs, other consultant costs, |
23 | | insurance cost, permitting costs, and pre-opening costs |
24 | | related to the expansion, including, but not limited to, any |
25 | | of the following: marketing, real estate taxes, personnel, |
26 | | training, travel and out-of-pocket expenses, supply, |
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1 | | inventory, and other costs, and any other project related soft |
2 | | costs. |
3 | | To be eligible for the tax credits in subsection (a-6), |
4 | | all construction contracts shall include a requirement that |
5 | | the contractor enter into a project labor agreement with the |
6 | | building and construction trades council with geographic |
7 | | jurisdiction of the location of the proposed gaming facility. |
8 | | Notwithstanding any other provision of this subsection |
9 | | (a-7), this subsection (a-7) does not apply to an owners |
10 | | licensee unless such owners licensee spends at least |
11 | | $15,000,000 on construction and other costs related to its |
12 | | expansion, excluding the initial fees assessed for each |
13 | | incremental gaming position. |
14 | | This subsection (a-7) does not apply to owners licensees |
15 | | authorized pursuant to subsection (e-5) of Section 7 of this |
16 | | Act. |
17 | | For purposes of this subsection (a-7): |
18 | | "Building and construction trades council" means any |
19 | | organization representing multiple construction entities that |
20 | | are monitoring or attentive to compliance with public or |
21 | | workers' safety laws, wage and hour requirements, or other |
22 | | statutory requirements or that are making or maintaining |
23 | | collective bargaining agreements. |
24 | | "Initial adjustment year" means the year commencing on |
25 | | January 1 of the calendar year immediately following the |
26 | | earlier of the following: |
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1 | | (1) the commencement of gambling operations, either in |
2 | | a temporary or permanent facility, with respect to the |
3 | | owners license authorized under paragraph (1) of |
4 | | subsection (e-5) of Section 7 of this Act; or |
5 | | (2) June 28, 2021 (24 months after the effective date |
6 | | of Public Act 101-31); |
7 | | provided the initial adjustment year shall not commence |
8 | | earlier than June 28, 2020 (12 months after the effective date |
9 | | of Public Act 101-31). |
10 | | "Final adjustment year" means the 2nd calendar year after |
11 | | the initial adjustment year, not including the initial |
12 | | adjustment year, and as may be extended further as described |
13 | | in this subsection (a-7). |
14 | | "Annual adjustment cap" means 3% of adjusted gross |
15 | | receipts in a particular calendar year, and as may be |
16 | | increased further as otherwise described in this subsection |
17 | | (a-7). |
18 | | (a-8) Riverboat gambling operations conducted by a |
19 | | licensed manager on behalf of the State are not subject to the |
20 | | tax imposed under this Section. |
21 | | (a-9) Beginning on January 1, 2020, the calculation of |
22 | | gross receipts or adjusted gross receipts, for the purposes of |
23 | | this Section, for a riverboat, a casino, or an organization |
24 | | gaming facility shall not include the dollar amount of |
25 | | non-cashable vouchers, coupons, and electronic promotions |
26 | | redeemed by wagerers upon the riverboat, in the casino, or in |
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1 | | the organization gaming facility up to and including an amount |
2 | | not to exceed 20% of a riverboat's, a casino's, or an |
3 | | organization gaming facility's adjusted gross receipts. |
4 | | The Illinois Gaming Board shall submit to the General |
5 | | Assembly a comprehensive report no later than March 31, 2023 |
6 | | detailing, at a minimum, the effect of removing non-cashable |
7 | | vouchers, coupons, and electronic promotions from this |
8 | | calculation on net gaming revenues to the State in calendar |
9 | | years 2020 through 2022, the increase or reduction in wagerers |
10 | | as a result of removing non-cashable vouchers, coupons, and |
11 | | electronic promotions from this calculation, the effect of the |
12 | | tax rates in subsection (a-5) on net gaming revenues to this |
13 | | State, and proposed modifications to the calculation. |
14 | | (a-10) The taxes imposed by this Section shall be paid by |
15 | | the licensed owner or the organization gaming licensee to the |
16 | | Board not later than 5:00 o'clock p.m. of the day after the day |
17 | | when the wagers were made. |
18 | | (a-15) If the privilege tax imposed under subsection (a-3) |
19 | | is no longer imposed pursuant to item (i) of the last paragraph |
20 | | of subsection (a-3), then by June 15 of each year, each owners |
21 | | licensee, other than an owners licensee that admitted |
22 | | 1,000,000 persons or fewer in calendar year 2004, must, in |
23 | | addition to the payment of all amounts otherwise due under |
24 | | this Section, pay to the Board a reconciliation payment in the |
25 | | amount, if any, by which the licensed owner's base amount |
26 | | exceeds the amount of net privilege tax paid by the licensed |
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1 | | owner to the Board in the then current State fiscal year. A |
2 | | licensed owner's net privilege tax obligation due for the |
3 | | balance of the State fiscal year shall be reduced up to the |
4 | | total of the amount paid by the licensed owner in its June 15 |
5 | | reconciliation payment. The obligation imposed by this |
6 | | subsection (a-15) is binding on any person, firm, corporation, |
7 | | or other entity that acquires an ownership interest in any |
8 | | such owners license. The obligation imposed under this |
9 | | subsection (a-15) terminates on the earliest of: (i) July 1, |
10 | | 2007, (ii) the first day after August 23, 2005 (the effective |
11 | | date of Public Act 94-673) that riverboat gambling operations |
12 | | are conducted pursuant to a dormant license, (iii) the first |
13 | | day that riverboat gambling operations are conducted under the |
14 | | authority of an owners license that is in addition to the 10 |
15 | | owners licenses initially authorized under this Act, or (iv) |
16 | | the first day that a licensee under the Illinois Horse Racing |
17 | | Act of 1975 conducts gaming operations with slot machines or |
18 | | other electronic gaming devices. The Board must reduce the |
19 | | obligation imposed under this subsection (a-15) by an amount |
20 | | the Board deems reasonable for any of the following reasons: |
21 | | (A) an act or acts of God, (B) an act of bioterrorism or |
22 | | terrorism or a bioterrorism or terrorism threat that was |
23 | | investigated by a law enforcement agency, or (C) a condition |
24 | | beyond the control of the owners licensee that does not result |
25 | | from any act or omission by the owners licensee or any of its |
26 | | agents and that poses a hazardous threat to the health and |
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1 | | safety of patrons. If an owners licensee pays an amount in |
2 | | excess of its liability under this Section, the Board shall |
3 | | apply the overpayment to future payments required under this |
4 | | Section. |
5 | | For purposes of this subsection (a-15): |
6 | | "Act of God" means an incident caused by the operation of |
7 | | an extraordinary force that cannot be foreseen, that cannot be |
8 | | avoided by the exercise of due care, and for which no person |
9 | | can be held liable. |
10 | | "Base amount" means the following: |
11 | | For a riverboat in Alton, $31,000,000. |
12 | | For a riverboat in East Peoria, $43,000,000. |
13 | | For the Empress riverboat in Joliet, $86,000,000. |
14 | | For a riverboat in Metropolis, $45,000,000. |
15 | | For the Harrah's riverboat in Joliet, $114,000,000. |
16 | | For a riverboat in Aurora, $86,000,000. |
17 | | For a riverboat in East St. Louis, $48,500,000. |
18 | | For a riverboat in Elgin, $198,000,000. |
19 | | "Dormant license" has the meaning ascribed to it in |
20 | | subsection (a-3). |
21 | | "Net privilege tax" means all privilege taxes paid by a |
22 | | licensed owner to the Board under this Section, less all |
23 | | payments made from the State Gaming Fund pursuant to |
24 | | subsection (b) of this Section. |
25 | | The changes made to this subsection (a-15) by Public Act |
26 | | 94-839 are intended to restate and clarify the intent of |
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1 | | Public Act 94-673 with respect to the amount of the payments |
2 | | required to be made under this subsection by an owners |
3 | | licensee to the Board. |
4 | | (b) From the tax revenue from riverboat or casino gambling |
5 | | deposited into in the State Gaming Fund under this Section, an |
6 | | amount equal to 5% of adjusted gross receipts generated by a |
7 | | riverboat or a casino, other than a riverboat or casino |
8 | | designated in paragraph (1), (3), or (4) of subsection (e-5) |
9 | | of Section 7, shall be paid monthly, subject to appropriation |
10 | | by the General Assembly, to the unit of local government in |
11 | | which the casino is located or that is designated as the home |
12 | | dock of the riverboat. Notwithstanding anything to the |
13 | | contrary, beginning on the first day that an owners licensee |
14 | | under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
15 | | (e-5) of Section 7 conducts gambling operations, either in a |
16 | | temporary facility or a permanent facility, and for 2 years |
17 | | thereafter, a unit of local government designated as the home |
18 | | dock of a riverboat whose license was issued before January 1, |
19 | | 2019, other than a riverboat conducting gambling operations in |
20 | | the City of East St. Louis, shall not receive less under this |
21 | | subsection (b) than the amount the unit of local government |
22 | | received under this subsection (b) in calendar year 2018. |
23 | | Notwithstanding anything to the contrary and because the City |
24 | | of East St. Louis is a financially distressed city, beginning |
25 | | on the first day that an owners licensee under paragraph (1), |
26 | | (2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
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1 | | conducts gambling operations, either in a temporary facility |
2 | | or a permanent facility, and for 10 years thereafter, a unit of |
3 | | local government designated as the home dock of a riverboat |
4 | | conducting gambling operations in the City of East St. Louis |
5 | | shall not receive less under this subsection (b) than the |
6 | | amount the unit of local government received under this |
7 | | subsection (b) in calendar year 2018. |
8 | | From the tax revenue deposited into in the State Gaming |
9 | | Fund pursuant to riverboat or casino gambling operations |
10 | | conducted by a licensed manager on behalf of the State, an |
11 | | amount equal to 5% of adjusted gross receipts generated |
12 | | pursuant to those riverboat or casino gambling operations |
13 | | shall be paid monthly, subject to appropriation by the General |
14 | | Assembly, to the unit of local government that is designated |
15 | | as the home dock of the riverboat upon which those riverboat |
16 | | gambling operations are conducted or in which the casino is |
17 | | located. |
18 | | From the tax revenue from riverboat or casino gambling |
19 | | deposited into in the State Gaming Fund under this Section, an |
20 | | amount equal to 5% of the adjusted gross receipts generated by |
21 | | a riverboat designated in paragraph (3) of subsection (e-5) of |
22 | | Section 7 shall be divided and remitted monthly, subject to |
23 | | appropriation, as follows: 70% to Waukegan, 10% to Park City, |
24 | | 15% to North Chicago, and 5% to Lake County. |
25 | | From the tax revenue from riverboat or casino gambling |
26 | | deposited into in the State Gaming Fund under this Section, an |
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1 | | amount equal to 5% of the adjusted gross receipts generated by |
2 | | a riverboat designated in paragraph (4) of subsection (e-5) of |
3 | | Section 7 shall be remitted monthly, subject to appropriation, |
4 | | as follows: 70% to the City of Rockford, 5% to the City of |
5 | | Loves Park, 5% to the Village of Machesney, and 20% to |
6 | | Winnebago County. |
7 | | From the tax revenue from riverboat or casino gambling |
8 | | deposited into in the State Gaming Fund under this Section, an |
9 | | amount equal to 5% of the adjusted gross receipts generated by |
10 | | a riverboat designated in paragraph (5) of subsection (e-5) of |
11 | | Section 7 shall be remitted monthly, subject to appropriation, |
12 | | as follows: 2% to the unit of local government in which the |
13 | | riverboat or casino is located, and 3% shall be distributed: |
14 | | (A) in accordance with a regional capital development plan |
15 | | entered into by the following communities: Village of Beecher, |
16 | | City of Blue Island, Village of Burnham, City of Calumet City, |
17 | | Village of Calumet Park, City of Chicago Heights, City of |
18 | | Country Club Hills, Village of Crestwood, Village of Crete, |
19 | | Village of Dixmoor, Village of Dolton, Village of East Hazel |
20 | | Crest, Village of Flossmoor, Village of Ford Heights, Village |
21 | | of Glenwood, City of Harvey, Village of Hazel Crest, Village |
22 | | of Homewood, Village of Lansing, Village of Lynwood, City of |
23 | | Markham, Village of Matteson, Village of Midlothian, Village |
24 | | of Monee, City of Oak Forest, Village of Olympia Fields, |
25 | | Village of Orland Hills, Village of Orland Park, City of Palos |
26 | | Heights, Village of Park Forest, Village of Phoenix, Village |
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1 | | of Posen, Village of Richton Park, Village of Riverdale, |
2 | | Village of Robbins, Village of Sauk Village, Village of South |
3 | | Chicago Heights, Village of South Holland, Village of Steger, |
4 | | Village of Thornton, Village of Tinley Park, Village of |
5 | | University Park, and Village of Worth; or (B) if no regional |
6 | | capital development plan exists, equally among the communities |
7 | | listed in item (A) to be used for capital expenditures or |
8 | | public pension payments, or both. |
9 | | Units of local government may refund any portion of the |
10 | | payment that they receive pursuant to this subsection (b) to |
11 | | the riverboat or casino. |
12 | | (b-4) Beginning on the first day a licensee under |
13 | | subsection (e-5) of Section 7 conducts gambling operations or |
14 | | 30 days after the effective date of this amendatory Act of the |
15 | | 103rd General Assembly, whichever is sooner, either in a |
16 | | temporary facility or a permanent facility, and ending on July |
17 | | 31, 2042, from the tax revenue deposited into in the State |
18 | | Gaming Fund under this Section, $5,000,000 shall be paid |
19 | | annually, subject to appropriation, to the host municipality |
20 | | of that owners licensee of a license issued or re-issued |
21 | | pursuant to Section 7.1 of this Act before January 1, 2012. |
22 | | Payments received by the host municipality pursuant to this |
23 | | subsection (b-4) may not be shared with any other unit of local |
24 | | government. |
25 | | (b-5) Beginning on June 28, 2019 (the effective date of |
26 | | Public Act 101-31), from the tax revenue deposited into in the |
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1 | | State Gaming Fund under this Section, an amount equal to 3% of |
2 | | adjusted gross receipts generated by each organization gaming |
3 | | facility located outside Madison County shall be paid monthly, |
4 | | subject to appropriation by the General Assembly, to a |
5 | | municipality other than the Village of Stickney in which each |
6 | | organization gaming facility is located or, if the |
7 | | organization gaming facility is not located within a |
8 | | municipality, to the county in which the organization gaming |
9 | | facility is located, except as otherwise provided in this |
10 | | Section. From the tax revenue deposited into in the State |
11 | | Gaming Fund under this Section, an amount equal to 3% of |
12 | | adjusted gross receipts generated by an organization gaming |
13 | | facility located in the Village of Stickney shall be paid |
14 | | monthly, subject to appropriation by the General Assembly, as |
15 | | follows: 25% to the Village of Stickney, 5% to the City of |
16 | | Berwyn, 50% to the Town of Cicero, and 20% to the Stickney |
17 | | Public Health District. |
18 | | From the tax revenue deposited into in the State Gaming |
19 | | Fund under this Section, an amount equal to 5% of adjusted |
20 | | gross receipts generated by an organization gaming facility |
21 | | located in the City of Collinsville shall be paid monthly, |
22 | | subject to appropriation by the General Assembly, as follows: |
23 | | 30% to the City of Alton, 30% to the City of East St. Louis, |
24 | | and 40% to the City of Collinsville. |
25 | | Municipalities and counties may refund any portion of the |
26 | | payment that they receive pursuant to this subsection (b-5) to |
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1 | | the organization gaming facility. |
2 | | (b-6) Beginning on June 28, 2019 (the effective date of |
3 | | Public Act 101-31), from the tax revenue deposited into in the |
4 | | State Gaming Fund under this Section, an amount equal to 2% of |
5 | | adjusted gross receipts generated by an organization gaming |
6 | | facility located outside Madison County shall be paid monthly, |
7 | | subject to appropriation by the General Assembly, to the |
8 | | county in which the organization gaming facility is located |
9 | | for the purposes of its criminal justice system or health care |
10 | | system. |
11 | | Counties may refund any portion of the payment that they |
12 | | receive pursuant to this subsection (b-6) to the organization |
13 | | gaming facility. |
14 | | (b-7) From the tax revenue from the organization gaming |
15 | | licensee located in one of the following townships of Cook |
16 | | County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or |
17 | | Worth, an amount equal to 5% of the adjusted gross receipts |
18 | | generated by that organization gaming licensee shall be |
19 | | remitted monthly, subject to appropriation, as follows: 2% to |
20 | | the unit of local government in which the organization gaming |
21 | | licensee is located, and 3% shall be distributed: (A) in |
22 | | accordance with a regional capital development plan entered |
23 | | into by the following communities: Village of Beecher, City of |
24 | | Blue Island, Village of Burnham, City of Calumet City, Village |
25 | | of Calumet Park, City of Chicago Heights, City of Country Club |
26 | | Hills, Village of Crestwood, Village of Crete, Village of |
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1 | | Dixmoor, Village of Dolton, Village of East Hazel Crest, |
2 | | Village of Flossmoor, Village of Ford Heights, Village of |
3 | | Glenwood, City of Harvey, Village of Hazel Crest, Village of |
4 | | Homewood, Village of Lansing, Village of Lynwood, City of |
5 | | Markham, Village of Matteson, Village of Midlothian, Village |
6 | | of Monee, City of Oak Forest, Village of Olympia Fields, |
7 | | Village of Orland Hills, Village of Orland Park, City of Palos |
8 | | Heights, Village of Park Forest, Village of Phoenix, Village |
9 | | of Posen, Village of Richton Park, Village of Riverdale, |
10 | | Village of Robbins, Village of Sauk Village, Village of South |
11 | | Chicago Heights, Village of South Holland, Village of Steger, |
12 | | Village of Thornton, Village of Tinley Park, Village of |
13 | | University Park, and Village of Worth; or (B) if no regional |
14 | | capital development plan exists, equally among the communities |
15 | | listed in item (A) to be used for capital expenditures or |
16 | | public pension payments, or both. |
17 | | (b-8) In lieu of the payments under subsection (b) of this |
18 | | Section, from the tax revenue deposited into in the State |
19 | | Gaming Fund pursuant to riverboat or casino gambling |
20 | | operations conducted by an owners licensee under paragraph (1) |
21 | | of subsection (e-5) of Section 7, an amount equal to the tax |
22 | | revenue generated from the privilege tax imposed by paragraph |
23 | | (2) of subsection (a-5) that is to be paid to the City of |
24 | | Chicago shall be paid monthly, subject to appropriation by the |
25 | | General Assembly, as follows: (1) an amount equal to 0.5% of |
26 | | the annual adjusted gross receipts generated by the owners |
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1 | | licensee under paragraph (1) of subsection (e-5) of Section 7 |
2 | | to the home rule county in which the owners licensee is located |
3 | | for the purpose of enhancing the county's criminal justice |
4 | | system; and (2) the balance to the City of Chicago and shall be |
5 | | expended or obligated by the City of Chicago for pension |
6 | | payments in accordance with Public Act 99-506. |
7 | | (c) Appropriations, as approved by the General Assembly, |
8 | | may be made from the State Gaming Fund to the Board (i) for the |
9 | | administration and enforcement of this Act and the Video |
10 | | Gaming Act, (ii) for distribution to the Illinois State Police |
11 | | and to the Department of Revenue for the enforcement of this |
12 | | Act and the Video Gaming Act, and (iii) to the Department of |
13 | | Human Services for the administration of programs to treat |
14 | | problem gambling, including problem gambling from sports |
15 | | wagering. The Board's annual appropriations request must |
16 | | separately state its funding needs for the regulation of |
17 | | gaming authorized under Section 7.7, riverboat gaming, casino |
18 | | gaming, video gaming, and sports wagering. |
19 | | (c-2) An amount equal to 2% of the adjusted gross receipts |
20 | | generated by an organization gaming facility located within a |
21 | | home rule county with a population of over 3,000,000 |
22 | | inhabitants shall be paid, subject to appropriation from the |
23 | | General Assembly, from the State Gaming Fund to the home rule |
24 | | county in which the organization gaming licensee is located |
25 | | for the purpose of enhancing the county's criminal justice |
26 | | system. |
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1 | | (c-3) Appropriations, as approved by the General Assembly, |
2 | | may be made from the tax revenue deposited into the State |
3 | | Gaming Fund from organization gaming licensees pursuant to |
4 | | this Section for the administration and enforcement of this |
5 | | Act. |
6 | | (c-4) After payments required under subsections (b), |
7 | | (b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
8 | | the tax revenue from organization gaming licensees deposited |
9 | | into the State Gaming Fund under this Section, all remaining |
10 | | amounts from organization gaming licensees shall be |
11 | | transferred into the Capital Projects Fund. |
12 | | (c-5) (Blank). |
13 | | (c-10) Each year the General Assembly shall appropriate |
14 | | from the General Revenue Fund to the Education Assistance Fund |
15 | | an amount equal to the amount paid into the Horse Racing Equity |
16 | | Fund pursuant to subsection (c-5) in the prior calendar year. |
17 | | (c-15) After the payments required under subsections (b), |
18 | | (c), and (c-5) have been made, an amount equal to 2% of the |
19 | | adjusted gross receipts of (1) an owners licensee that |
20 | | relocates pursuant to Section 11.2, (2) an owners licensee |
21 | | conducting riverboat gambling operations pursuant to an owners |
22 | | license that is initially issued after June 25, 1999, or (3) |
23 | | the first riverboat gambling operations conducted by a |
24 | | licensed manager on behalf of the State under Section 7.3, |
25 | | whichever comes first, shall be paid, subject to appropriation |
26 | | from the General Assembly, from the State Gaming Fund to each |
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1 | | home rule county with a population of over 3,000,000 |
2 | | inhabitants for the purpose of enhancing the county's criminal |
3 | | justice system. |
4 | | (c-20) Each year the General Assembly shall appropriate |
5 | | from the General Revenue Fund to the Education Assistance Fund |
6 | | an amount equal to the amount paid to each home rule county |
7 | | with a population of over 3,000,000 inhabitants pursuant to |
8 | | subsection (c-15) in the prior calendar year. |
9 | | (c-21) After the payments required under subsections (b), |
10 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
11 | | been made, an amount equal to 0.5% of the adjusted gross |
12 | | receipts generated by the owners licensee under paragraph (1) |
13 | | of subsection (e-5) of Section 7 shall be paid monthly, |
14 | | subject to appropriation from the General Assembly, from the |
15 | | State Gaming Fund to the home rule county in which the owners |
16 | | licensee is located for the purpose of enhancing the county's |
17 | | criminal justice system. |
18 | | (c-22) After the payments required under subsections (b), |
19 | | (b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
20 | | (c-21) have been made, an amount equal to 2% of the adjusted |
21 | | gross receipts generated by the owners licensee under |
22 | | paragraph (5) of subsection (e-5) of Section 7 shall be paid, |
23 | | subject to appropriation from the General Assembly, from the |
24 | | State Gaming Fund to the home rule county in which the owners |
25 | | licensee is located for the purpose of enhancing the county's |
26 | | criminal justice system. |
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1 | | (c-25) From July 1, 2013 and each July 1 thereafter |
2 | | through July 1, 2019, $1,600,000 shall be transferred from the |
3 | | State Gaming Fund to the Chicago State University Education |
4 | | Improvement Fund. |
5 | | On July 1, 2020 and each July 1 thereafter, $3,000,000 |
6 | | shall be transferred from the State Gaming Fund to the Chicago |
7 | | State University Education Improvement Fund. |
8 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
9 | | $92,000,000 shall be transferred from the State Gaming Fund to |
10 | | the School Infrastructure Fund and $23,000,000 shall be |
11 | | transferred from the State Gaming Fund to the Horse Racing |
12 | | Equity Fund. |
13 | | (c-35) Beginning on July 1, 2013, in addition to any |
14 | | amount transferred under subsection (c-30) of this Section, |
15 | | $5,530,000 shall be transferred monthly from the State Gaming |
16 | | Fund to the School Infrastructure Fund. |
17 | | (d) From time to time, through June 30, 2021, the Board |
18 | | shall transfer the remainder of the funds generated by this |
19 | | Act into the Education Assistance Fund. |
20 | | (d-5) Beginning on July 1, 2021 and through June 30, 2025 , |
21 | | on the last day of each month, or as soon thereafter as |
22 | | possible, after all the required expenditures, distributions, |
23 | | and transfers have been made from the State Gaming Fund for the |
24 | | month pursuant to subsections (b) through (c-35), at the |
25 | | direction of the Board, the Comptroller shall direct and the |
26 | | Treasurer shall transfer $22,500,000, along with any |
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1 | | deficiencies in such amounts from prior months in the same |
2 | | fiscal year, from the State Gaming Fund to the Education |
3 | | Assistance Fund; then, at the direction of the Board, the |
4 | | Comptroller shall direct and the Treasurer shall transfer the |
5 | | remainder of the funds generated by this Act, if any, from the |
6 | | State Gaming Fund to the Capital Projects Fund. |
7 | | (d-7) Beginning on July 1, 2025, on the last day of each |
8 | | month, or as soon thereafter as possible, after all the |
9 | | required expenditures, distributions, and transfers have been |
10 | | made from the State Gaming Fund for the month under |
11 | | subsections (b) through (c-35), at the direction of the Board, |
12 | | the Comptroller shall direct and the Treasurer shall transfer |
13 | | $28,000,000, along with any deficiencies in such amounts from |
14 | | prior months in the same fiscal year, from the State Gaming |
15 | | Fund to the Education Assistance Fund and the remainder of the |
16 | | funds generated by this Act, if any, from the State Gaming Fund |
17 | | to the Capital Projects Fund. |
18 | | (e) Nothing in this Act shall prohibit the unit of local |
19 | | government designated as the home dock of the riverboat from |
20 | | entering into agreements with other units of local government |
21 | | in this State or in other states to share its portion of the |
22 | | tax revenue. |
23 | | (f) To the extent practicable, the Board shall administer |
24 | | and collect the wagering taxes imposed by this Section in a |
25 | | manner consistent with the provisions of Sections 4, 5, 5a, |
26 | | 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of |
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1 | | the Retailers' Occupation Tax Act and Section 3-7 of the |
2 | | Uniform Penalty and Interest Act. |
3 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
4 | | 102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff. |
5 | | 6-7-23; 103-574, eff. 12-8-23; 103-592, eff. 6-7-24.)
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6 | | Section 5-90. The Video Gaming Act is amended by changing |
7 | | Section 60 as follows:
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8 | | (230 ILCS 40/60) |
9 | | Sec. 60. Imposition and distribution of tax. |
10 | | (a) Through June 30, 2025, a A tax of 30% is imposed on net |
11 | | terminal income and shall be collected by the Board. |
12 | | Of the tax collected under this subsection (a), |
13 | | five-sixths shall be deposited into the Capital Projects Fund |
14 | | and one-sixth shall be deposited into the Local Government |
15 | | Video Gaming Distributive Fund. |
16 | | (b) Beginning on July 1, 2019 and through June 30, 2025 , an |
17 | | additional tax of 3% is imposed on net terminal income and |
18 | | shall be collected by the Board. |
19 | | Beginning on July 1, 2020 and through June 30, 2025 , an |
20 | | additional tax of 1% is imposed on net terminal income and |
21 | | shall be collected by the Board. |
22 | | Beginning on July 1, 2024 and through June 30, 2025 , an |
23 | | additional tax of 1% is imposed on net terminal income and |
24 | | shall be collected by the Board. |
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1 | | The tax collected under this subsection (b) shall be |
2 | | deposited into the Capital Projects Fund. |
3 | | (b-5) Beginning on July 1, 2025, a tax of 35% is imposed on |
4 | | net terminal income and shall be collected by the Board. |
5 | | Of the tax collected under this subsection (b-5), 83.7% |
6 | | shall be deposited into the Capital Projects Fund, 14.3% shall |
7 | | be deposited into the Local Government Video Gaming |
8 | | Distributive Fund, and 2% shall be deposited into the State |
9 | | Gaming Fund. |
10 | | (c) Revenues generated from the play of video gaming |
11 | | terminals shall be deposited by the terminal operator, who is |
12 | | responsible for tax payments, in a specially created, separate |
13 | | bank account maintained by the video gaming terminal operator |
14 | | to allow for electronic fund transfers of moneys for tax |
15 | | payment. |
16 | | (d) Each licensed establishment, licensed truck stop |
17 | | establishment, licensed large truck stop establishment, |
18 | | licensed fraternal establishment, and licensed veterans |
19 | | establishment shall maintain an adequate video gaming fund, |
20 | | with the amount to be determined by the Board. |
21 | | (e) The State's percentage of net terminal income shall be |
22 | | reported and remitted to the Board within 15 days after the |
23 | | 15th day of each month and within 15 days after the end of each |
24 | | month by the video terminal operator. A video terminal |
25 | | operator who falsely reports or fails to report the amount due |
26 | | required by this Section is guilty of a Class 4 felony and is |
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1 | | subject to termination of his or her license by the Board. Each |
2 | | video terminal operator shall keep a record of net terminal |
3 | | income in such form as the Board may require. All payments not |
4 | | remitted when due shall be paid together with a penalty |
5 | | assessment on the unpaid balance at a rate of 1.5% per month. |
6 | | (Source: P.A. 103-592, eff. 6-7-24.)
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7 | | (410 ILCS 643/Act rep.) |
8 | | Section 5-95. The Access to Affordable Insulin Act is |
9 | | repealed.
|
10 | | Section 5-100. The Environmental Protection Act is amended |
11 | | by changing Sections 22.15, 55.6, and 57.11 as follows:
|
12 | | (415 ILCS 5/22.15) |
13 | | Sec. 22.15. Solid Waste Management Fund; fees. |
14 | | (a) There is hereby created within the State Treasury a |
15 | | special fund to be known as the Solid Waste Management Fund, to |
16 | | be constituted from the fees collected by the State pursuant |
17 | | to this Section, from repayments of loans made from the Fund |
18 | | for solid waste projects, from registration fees collected |
19 | | pursuant to the Consumer Electronics Recycling Act, from fees |
20 | | collected under the Paint Stewardship Act, and from amounts |
21 | | transferred into the Fund pursuant to Public Act 100-433. |
22 | | Moneys received by either the Agency or the Department of |
23 | | Commerce and Economic Opportunity in repayment of loans made |
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1 | | pursuant to the Illinois Solid Waste Management Act shall be |
2 | | deposited into the General Revenue Fund. |
3 | | (b) The Agency shall assess and collect a fee in the amount |
4 | | set forth herein from the owner or operator of each sanitary |
5 | | landfill permitted or required to be permitted by the Agency |
6 | | to dispose of solid waste if the sanitary landfill is located |
7 | | off the site where such waste was produced and if such sanitary |
8 | | landfill is owned, controlled, and operated by a person other |
9 | | than the generator of such waste. The Agency shall deposit all |
10 | | fees collected into the Solid Waste Management Fund. If a site |
11 | | is contiguous to one or more landfills owned or operated by the |
12 | | same person, the volumes permanently disposed of by each |
13 | | landfill shall be combined for purposes of determining the fee |
14 | | under this subsection. Beginning on July 1, 2018, and on the |
15 | | first day of each month thereafter during fiscal years 2019 |
16 | | through 2026 2025 , the State Comptroller shall direct and |
17 | | State Treasurer shall transfer an amount equal to 1/12 of |
18 | | $5,000,000 per fiscal year from the Solid Waste Management |
19 | | Fund to the General Revenue Fund. |
20 | | (1) If more than 150,000 cubic yards of non-hazardous |
21 | | solid waste is permanently disposed of at a site in a |
22 | | calendar year, the owner or operator shall either pay a |
23 | | fee of 95 cents per cubic yard or, alternatively, the |
24 | | owner or operator may weigh the quantity of the solid |
25 | | waste permanently disposed of with a device for which |
26 | | certification has been obtained under the Weights and |
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1 | | Measures Act and pay a fee of $2.00 per ton of solid waste |
2 | | permanently disposed of. In no case shall the fee |
3 | | collected or paid by the owner or operator under this |
4 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton. |
5 | | (2) If more than 100,000 cubic yards but not more than |
6 | | 150,000 cubic yards of non-hazardous waste is permanently |
7 | | disposed of at a site in a calendar year, the owner or |
8 | | operator shall pay a fee of $52,630. |
9 | | (3) If more than 50,000 cubic yards but not more than |
10 | | 100,000 cubic yards of non-hazardous solid waste is |
11 | | permanently disposed of at a site in a calendar year, the |
12 | | owner or operator shall pay a fee of $23,790. |
13 | | (4) If more than 10,000 cubic yards but not more than |
14 | | 50,000 cubic yards of non-hazardous solid waste is |
15 | | permanently disposed of at a site in a calendar year, the |
16 | | owner or operator shall pay a fee of $7,260. |
17 | | (5) If not more than 10,000 cubic yards of |
18 | | non-hazardous solid waste is permanently disposed of at a |
19 | | site in a calendar year, the owner or operator shall pay a |
20 | | fee of $1050. |
21 | | (c) (Blank). |
22 | | (d) The Agency shall establish rules relating to the |
23 | | collection of the fees authorized by this Section. Such rules |
24 | | shall include, but not be limited to: |
25 | | (1) necessary records identifying the quantities of |
26 | | solid waste received or disposed; |
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1 | | (2) the form and submission of reports to accompany |
2 | | the payment of fees to the Agency; |
3 | | (3) the time and manner of payment of fees to the |
4 | | Agency, which payments shall not be more often than |
5 | | quarterly; and |
6 | | (4) procedures setting forth criteria establishing |
7 | | when an owner or operator may measure by weight or volume |
8 | | during any given quarter or other fee payment period. |
9 | | (e) Pursuant to appropriation, all monies in the Solid |
10 | | Waste Management Fund shall be used by the Agency for the |
11 | | purposes set forth in this Section and in the Illinois Solid |
12 | | Waste Management Act, including for the costs of fee |
13 | | collection and administration, for administration of the Paint |
14 | | Stewardship Act, and for the administration of the Consumer |
15 | | Electronics Recycling Act, the Drug Take-Back Act, and the |
16 | | Statewide Recycling Needs Assessment Act. |
17 | | (f) The Agency is authorized to enter into such agreements |
18 | | and to promulgate such rules as are necessary to carry out its |
19 | | duties under this Section and the Illinois Solid Waste |
20 | | Management Act. |
21 | | (g) On the first day of January, April, July, and October |
22 | | of each year, beginning on July 1, 2025 1996 , the State |
23 | | Comptroller and Treasurer shall transfer $750,000 $500,000 |
24 | | from the Solid Waste Management Fund to the Hazardous Waste |
25 | | Fund. Moneys transferred under this subsection (g) shall be |
26 | | used only for the purposes set forth in item (1) of subsection |
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1 | | (d) of Section 22.2. |
2 | | (h) The Agency is authorized to provide financial |
3 | | assistance to units of local government for the performance of |
4 | | inspecting, investigating, and enforcement activities pursuant |
5 | | to subsection (r) of Section 4 at nonhazardous solid waste |
6 | | disposal sites. |
7 | | (i) The Agency is authorized to conduct household waste |
8 | | collection and disposal programs. |
9 | | (j) A unit of local government, as defined in the Local |
10 | | Solid Waste Disposal Act, in which a solid waste disposal |
11 | | facility is located may establish a fee, tax, or surcharge |
12 | | with regard to the permanent disposal of solid waste. All |
13 | | fees, taxes, and surcharges collected under this subsection |
14 | | shall be utilized for solid waste management purposes, |
15 | | including long-term monitoring and maintenance of landfills, |
16 | | planning, implementation, inspection, enforcement and other |
17 | | activities consistent with the Illinois Solid Waste Management |
18 | | Act and the Local Solid Waste Disposal Act, or for any other |
19 | | environment-related purpose, including, but not limited to, an |
20 | | environment-related public works project, but not for the |
21 | | construction of a new pollution control facility other than a |
22 | | household hazardous waste facility. However, the total fee, |
23 | | tax or surcharge imposed by all units of local government |
24 | | under this subsection (j) upon the solid waste disposal |
25 | | facility shall not exceed: |
26 | | (1) 60¢ per cubic yard if more than 150,000 cubic |
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1 | | yards of non-hazardous solid waste is permanently disposed |
2 | | of at the site in a calendar year, unless the owner or |
3 | | operator weighs the quantity of the solid waste received |
4 | | with a device for which certification has been obtained |
5 | | under the Weights and Measures Act, in which case the fee |
6 | | shall not exceed $1.27 per ton of solid waste permanently |
7 | | disposed of. |
8 | | (2) $33,350 if more than 100,000 cubic yards, but not |
9 | | more than 150,000 cubic yards, of non-hazardous waste is |
10 | | permanently disposed of at the site in a calendar year. |
11 | | (3) $15,500 if more than 50,000 cubic yards, but not |
12 | | more than 100,000 cubic yards, of non-hazardous solid |
13 | | waste is permanently disposed of at the site in a calendar |
14 | | year. |
15 | | (4) $4,650 if more than 10,000 cubic yards, but not |
16 | | more than 50,000 cubic yards, of non-hazardous solid waste |
17 | | is permanently disposed of at the site in a calendar year. |
18 | | (5) $650 if not more than 10,000 cubic yards of |
19 | | non-hazardous solid waste is permanently disposed of at |
20 | | the site in a calendar year. |
21 | | The corporate authorities of the unit of local government |
22 | | may use proceeds from the fee, tax, or surcharge to reimburse a |
23 | | highway commissioner whose road district lies wholly or |
24 | | partially within the corporate limits of the unit of local |
25 | | government for expenses incurred in the removal of |
26 | | nonhazardous, nonfluid municipal waste that has been dumped on |
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1 | | public property in violation of a State law or local |
2 | | ordinance. |
3 | | For the disposal of solid waste from general construction |
4 | | or demolition debris recovery facilities as defined in |
5 | | subsection (a-1) of Section 3.160, the total fee, tax, or |
6 | | surcharge imposed by all units of local government under this |
7 | | subsection (j) upon the solid waste disposal facility shall |
8 | | not exceed 50% of the applicable amount set forth above. A unit |
9 | | of local government, as defined in the Local Solid Waste |
10 | | Disposal Act, in which a general construction or demolition |
11 | | debris recovery facility is located may establish a fee, tax, |
12 | | or surcharge on the general construction or demolition debris |
13 | | recovery facility with regard to the permanent disposal of |
14 | | solid waste by the general construction or demolition debris |
15 | | recovery facility at a solid waste disposal facility, provided |
16 | | that such fee, tax, or surcharge shall not exceed 50% of the |
17 | | applicable amount set forth above, based on the total amount |
18 | | of solid waste transported from the general construction or |
19 | | demolition debris recovery facility for disposal at solid |
20 | | waste disposal facilities, and the unit of local government |
21 | | and fee shall be subject to all other requirements of this |
22 | | subsection (j). |
23 | | A county or Municipal Joint Action Agency that imposes a |
24 | | fee, tax, or surcharge under this subsection may use the |
25 | | proceeds thereof to reimburse a municipality that lies wholly |
26 | | or partially within its boundaries for expenses incurred in |
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1 | | the removal of nonhazardous, nonfluid municipal waste that has |
2 | | been dumped on public property in violation of a State law or |
3 | | local ordinance. |
4 | | If the fees are to be used to conduct a local sanitary |
5 | | landfill inspection or enforcement program, the unit of local |
6 | | government must enter into a written delegation agreement with |
7 | | the Agency pursuant to subsection (r) of Section 4. The unit of |
8 | | local government and the Agency shall enter into such a |
9 | | written delegation agreement within 60 days after the |
10 | | establishment of such fees. At least annually, the Agency |
11 | | shall conduct an audit of the expenditures made by units of |
12 | | local government from the funds granted by the Agency to the |
13 | | units of local government for purposes of local sanitary |
14 | | landfill inspection and enforcement programs, to ensure that |
15 | | the funds have been expended for the prescribed purposes under |
16 | | the grant. |
17 | | The fees, taxes or surcharges collected under this |
18 | | subsection (j) shall be placed by the unit of local government |
19 | | in a separate fund, and the interest received on the moneys in |
20 | | the fund shall be credited to the fund. The monies in the fund |
21 | | may be accumulated over a period of years to be expended in |
22 | | accordance with this subsection. |
23 | | A unit of local government, as defined in the Local Solid |
24 | | Waste Disposal Act, shall prepare and post on its website, in |
25 | | April of each year, a report that details spending plans for |
26 | | monies collected in accordance with this subsection. The |
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1 | | report will at a minimum include the following: |
2 | | (1) The total monies collected pursuant to this |
3 | | subsection. |
4 | | (2) The most current balance of monies collected |
5 | | pursuant to this subsection. |
6 | | (3) An itemized accounting of all monies expended for |
7 | | the previous year pursuant to this subsection. |
8 | | (4) An estimation of monies to be collected for the |
9 | | following 3 years pursuant to this subsection. |
10 | | (5) A narrative detailing the general direction and |
11 | | scope of future expenditures for one, 2 and 3 years. |
12 | | The exemptions granted under Sections 22.16 and 22.16a, |
13 | | and under subsection (k) of this Section, shall be applicable |
14 | | to any fee, tax or surcharge imposed under this subsection |
15 | | (j); except that the fee, tax or surcharge authorized to be |
16 | | imposed under this subsection (j) may be made applicable by a |
17 | | unit of local government to the permanent disposal of solid |
18 | | waste after December 31, 1986, under any contract lawfully |
19 | | executed before June 1, 1986 under which more than 150,000 |
20 | | cubic yards (or 50,000 tons) of solid waste is to be |
21 | | permanently disposed of, even though the waste is exempt from |
22 | | the fee imposed by the State under subsection (b) of this |
23 | | Section pursuant to an exemption granted under Section 22.16. |
24 | | (k) In accordance with the findings and purposes of the |
25 | | Illinois Solid Waste Management Act, beginning January 1, 1989 |
26 | | the fee under subsection (b) and the fee, tax or surcharge |
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1 | | under subsection (j) shall not apply to: |
2 | | (1) waste which is hazardous waste; |
3 | | (2) waste which is pollution control waste; |
4 | | (3) waste from recycling, reclamation or reuse |
5 | | processes which have been approved by the Agency as being |
6 | | designed to remove any contaminant from wastes so as to |
7 | | render such wastes reusable, provided that the process |
8 | | renders at least 50% of the waste reusable; the exemption |
9 | | set forth in this paragraph (3) of this subsection (k) |
10 | | shall not apply to general construction or demolition |
11 | | debris recovery facilities as defined in subsection (a-1) |
12 | | of Section 3.160; |
13 | | (4) non-hazardous solid waste that is received at a |
14 | | sanitary landfill and composted or recycled through a |
15 | | process permitted by the Agency; or |
16 | | (5) any landfill which is permitted by the Agency to |
17 | | receive only demolition or construction debris or |
18 | | landscape waste. |
19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21; |
20 | | 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff. |
21 | | 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, |
22 | | eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23; |
23 | | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
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24 | | (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6) |
25 | | Sec. 55.6. Used Tire Management Fund. |
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1 | | (a) There is hereby created in the State Treasury a |
2 | | special fund to be known as the Used Tire Management Fund. |
3 | | There shall be deposited into the Fund all monies received as |
4 | | (1) recovered costs or proceeds from the sale of used tires |
5 | | under Section 55.3 of this Act, (2) repayment of loans from the |
6 | | Used Tire Management Fund, or (3) penalties or punitive |
7 | | damages for violations of this Title, except as provided by |
8 | | subdivision (b)(4) or (b)(4-5) of Section 42. |
9 | | (b) Beginning January 1, 1992, in addition to any other |
10 | | fees required by law, the owner or operator of each site |
11 | | required to be registered or permitted under subsection (d) or |
12 | | (d-5) of Section 55 shall pay to the Agency an annual fee of |
13 | | $100. Fees collected under this subsection shall be deposited |
14 | | into the Environmental Protection Permit and Inspection Fund. |
15 | | (c) Pursuant to appropriation, moneys up to an amount of |
16 | | $4 million per fiscal year from the Used Tire Management Fund |
17 | | shall be allocated as follows: |
18 | | (1) 38% shall be available to the Agency for the |
19 | | following purposes, provided that priority shall be given |
20 | | to item (i): |
21 | | (i) To undertake preventive, corrective or removal |
22 | | action as authorized by and in accordance with Section |
23 | | 55.3, and to recover costs in accordance with Section |
24 | | 55.3. |
25 | | (ii) For the performance of inspection and |
26 | | enforcement activities for used and waste tire sites. |
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1 | | (iii) (Blank). |
2 | | (iv) To provide financial assistance to units of |
3 | | local government for the performance of inspecting, |
4 | | investigating and enforcement activities pursuant to |
5 | | subsection (r) of Section 4 at used and waste tire |
6 | | sites. |
7 | | (v) To provide financial assistance for used and |
8 | | waste tire collection projects sponsored by local |
9 | | government or not-for-profit corporations. |
10 | | (vi) For the costs of fee collection and |
11 | | administration relating to used and waste tires, and |
12 | | to accomplish such other purposes as are authorized by |
13 | | this Act and regulations thereunder. |
14 | | (vii) To provide financial assistance to units of |
15 | | local government and private industry for the purposes |
16 | | of: |
17 | | (A) assisting in the establishment of |
18 | | facilities and programs to collect, process, and |
19 | | utilize used and waste tires and tire-derived |
20 | | materials; |
21 | | (B) demonstrating the feasibility of |
22 | | innovative technologies as a means of collecting, |
23 | | storing, processing, and utilizing used and waste |
24 | | tires and tire-derived materials; and |
25 | | (C) applying demonstrated technologies as a |
26 | | means of collecting, storing, processing, and |
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1 | | utilizing used and waste tires and tire-derived |
2 | | materials. |
3 | | (2) (Blank). |
4 | | (2.1) For the fiscal year beginning July 1, 2004 and |
5 | | for all fiscal years thereafter, 23% shall be deposited |
6 | | into the General Revenue Fund. Prior to the fiscal year |
7 | | beginning July 1, 2023, such transfers are at the |
8 | | direction of the Department of Revenue, and shall be made |
9 | | within 30 days after the end of each quarter. Beginning |
10 | | with the fiscal year beginning July 1, 2023, such |
11 | | transfers are at the direction of the Agency and shall be |
12 | | made within 30 days after the end of each quarter. |
13 | | (3) 25% shall be available to the Illinois Department |
14 | | of Public Health for the following purposes: |
15 | | (A) To investigate threats or potential threats to |
16 | | the public health related to mosquitoes and other |
17 | | vectors of disease associated with the improper |
18 | | storage, handling and disposal of tires, improper |
19 | | waste disposal, or natural conditions. |
20 | | (B) To conduct surveillance and monitoring |
21 | | activities for mosquitoes and other arthropod vectors |
22 | | of disease, and surveillance of animals which provide |
23 | | a reservoir for disease-producing organisms. |
24 | | (C) To conduct training activities to promote |
25 | | vector control programs and integrated pest management |
26 | | as defined in the Vector Control Act. |
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1 | | (D) To respond to inquiries, investigate |
2 | | complaints, conduct evaluations and provide technical |
3 | | consultation to help reduce or eliminate public health |
4 | | hazards and nuisance conditions associated with |
5 | | mosquitoes and other vectors. |
6 | | (E) To provide financial assistance to units of |
7 | | local government for training, investigation and |
8 | | response to public nuisances associated with |
9 | | mosquitoes and other vectors of disease. |
10 | | (4) 2% shall be available to the Department of |
11 | | Agriculture for its activities under the Illinois |
12 | | Pesticide Act relating to used and waste tires. |
13 | | (5) 2% shall be available to the Pollution Control |
14 | | Board for administration of its activities relating to |
15 | | used and waste tires. |
16 | | (6) 10% shall be available to the University of |
17 | | Illinois for the Prairie Research Institute to perform |
18 | | research to study the biology, distribution, population |
19 | | ecology, and biosystematics of tire-breeding arthropods, |
20 | | especially mosquitoes, and the diseases they spread. |
21 | | (d) By January 1, 1998, and biennially thereafter, each |
22 | | State agency receiving an appropriation from the Used Tire |
23 | | Management Fund shall report to the Governor and the General |
24 | | Assembly on its activities relating to the Fund. |
25 | | (e) Any monies appropriated from the Used Tire Management |
26 | | Fund, but not obligated, shall revert to the Fund. |
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1 | | (f) In administering the provisions of subdivisions (1), |
2 | | (2) and (3) of subsection (c) of this Section, the Agency, the |
3 | | Department of Commerce and Economic Opportunity, and the |
4 | | Illinois Department of Public Health shall ensure that |
5 | | appropriate funding assistance is provided to any municipality |
6 | | with a population over 1,000,000 or to any sanitary district |
7 | | which serves a population over 1,000,000. |
8 | | (g) Pursuant to appropriation, monies in excess of $4 |
9 | | million per fiscal year from the Used Tire Management Fund |
10 | | shall be used as follows: |
11 | | (1) 55% shall be available to the Agency and, in State |
12 | | fiscal years year 2025 and 2026 only, the Department of |
13 | | Commerce and Economic Opportunity for the following |
14 | | purposes, provided that priority shall be given to |
15 | | subparagraph (A): |
16 | | (A) To undertake preventive, corrective or renewed |
17 | | action as authorized by and in accordance with Section |
18 | | 55.3 and to recover costs in accordance with Section |
19 | | 55.3. |
20 | | (B) To provide financial assistance to units of |
21 | | local government and private industry for the purposes |
22 | | of: |
23 | | (i) assisting in the establishment of |
24 | | facilities and programs to collect, process, and |
25 | | utilize used and waste tires and tire-derived |
26 | | materials; |
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1 | | (ii) demonstrating the feasibility of |
2 | | innovative technologies as a means of collecting, |
3 | | storing, processing, and utilizing used and waste |
4 | | tires and tire-derived materials; and |
5 | | (iii) applying demonstrated technologies as a |
6 | | means of collecting, storing, processing, and |
7 | | utilizing used and waste tires and tire-derived |
8 | | materials. |
9 | | (C) To provide grants to public universities and |
10 | | private industry for research and development related |
11 | | to reducing the toxicity of tires and tire materials, |
12 | | vector-related research, disease-related research, and |
13 | | related laboratory-based equipment and field-based |
14 | | equipment. |
15 | | (2) (Blank). |
16 | | (3) For the fiscal year beginning July 1, 2004 and for |
17 | | all fiscal years thereafter, 45% shall be deposited into |
18 | | the General Revenue Fund. Prior to the fiscal year |
19 | | beginning July 1, 2023, such transfers are at the |
20 | | direction of the Department of Revenue, and shall be made |
21 | | within 30 days after the end of each quarter. Beginning |
22 | | with the fiscal year beginning July 1, 2023, such |
23 | | transfers are at the direction of the Agency and shall be |
24 | | made within 30 days after the end of each quarter. |
25 | | (Source: P.A. 103-363, eff. 7-28-23; 103-588, eff. 6-5-24.)
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1 | | (415 ILCS 5/57.11) |
2 | | Sec. 57.11. Underground Storage Tank Fund; creation. |
3 | | (a) There is hereby created in the State Treasury a |
4 | | special fund to be known as the Underground Storage Tank Fund. |
5 | | There shall be deposited into the Underground Storage Tank |
6 | | Fund all moneys received by the Office of the State Fire |
7 | | Marshal as fees for underground storage tanks under Sections 4 |
8 | | and 5 of the Gasoline Storage Act, fees pursuant to the Motor |
9 | | Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
10 | | the Use Tax Act, the Service Use Tax Act, the Service |
11 | | Occupation Tax Act, and the Retailers' Occupation Tax Act. All |
12 | | amounts held in the Underground Storage Tank Fund shall be |
13 | | invested at interest by the State Treasurer. All income earned |
14 | | from the investments shall be deposited into the Underground |
15 | | Storage Tank Fund no less frequently than quarterly. In |
16 | | addition to any other transfers that may be provided for by |
17 | | law, beginning on July 1, 2018 and on the first day of each |
18 | | month thereafter during fiscal years 2019 through 2026 2025 |
19 | | only, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer an amount equal to 1/12 of |
21 | | $10,000,000 from the Underground Storage Tank Fund to the |
22 | | General Revenue Fund. Moneys in the Underground Storage Tank |
23 | | Fund, pursuant to appropriation, may be used by the Agency and |
24 | | the Office of the State Fire Marshal for the following |
25 | | purposes: |
26 | | (1) To take action authorized under Section 57.12 to |
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1 | | recover costs under Section 57.12. |
2 | | (2) To assist in the reduction and mitigation of |
3 | | damage caused by leaks from underground storage tanks, |
4 | | including , but not limited to, providing alternative water |
5 | | supplies to persons whose drinking water has become |
6 | | contaminated as a result of those leaks. |
7 | | (3) To be used as a matching amount toward towards |
8 | | federal assistance relative to the release of petroleum |
9 | | from underground storage tanks. |
10 | | (4) For the costs of administering activities of the |
11 | | Agency and the Office of the State Fire Marshal relative |
12 | | to the Underground Storage Tank Fund. |
13 | | (5) For payment of costs of corrective action incurred |
14 | | by and indemnification to operators of underground storage |
15 | | tanks as provided in this Title. |
16 | | (6) For a total of 2 demonstration projects in amounts |
17 | | in excess of a $10,000 deductible charge designed to |
18 | | assess the viability of corrective action projects at |
19 | | sites which have experienced contamination from petroleum |
20 | | releases. Such demonstration projects shall be conducted |
21 | | in accordance with the provision of this Title. |
22 | | (7) Subject to appropriation, moneys in the |
23 | | Underground Storage Tank Fund may also be used by the |
24 | | Department of Revenue for the costs of administering its |
25 | | activities relative to the Fund and for refunds provided |
26 | | for in Section 13a.8 of the Motor Fuel Tax Law. |
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1 | | (b) Moneys in the Underground Storage Tank Fund may, |
2 | | pursuant to appropriation, be used by the Office of the State |
3 | | Fire Marshal or the Agency to take whatever emergency action |
4 | | is necessary or appropriate to assure that the public health |
5 | | or safety is not threatened whenever there is a release or |
6 | | substantial threat of a release of petroleum from an |
7 | | underground storage tank and for the costs of administering |
8 | | its activities relative to the Underground Storage Tank Fund. |
9 | | (c) Beginning July 1, 1993, the Governor shall certify to |
10 | | the State Comptroller and State Treasurer the monthly amount |
11 | | necessary to pay debt service on State obligations issued |
12 | | pursuant to Section 6 of the General Obligation Bond Act. On |
13 | | the last day of each month, the Comptroller shall order |
14 | | transferred and the Treasurer shall transfer from the |
15 | | Underground Storage Tank Fund to the General Obligation Bond |
16 | | Retirement and Interest Fund the amount certified by the |
17 | | Governor, plus any cumulative deficiency in those transfers |
18 | | for prior months. |
19 | | (d) Except as provided in subsection (c) of this Section, |
20 | | the Underground Storage Tank Fund is not subject to |
21 | | administrative charges authorized under Section 8h of the |
22 | | State Finance Act that would in any way transfer any funds from |
23 | | the Underground Storage Tank Fund into any other fund of the |
24 | | State. |
25 | | (e) Each fiscal year, subject to appropriation, the Agency |
26 | | may commit up to $10,000,000 of the moneys in the Underground |
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1 | | Storage Tank Fund to the payment of corrective action costs |
2 | | for legacy sites that meet one or more of the following |
3 | | criteria as a result of the underground storage tank release: |
4 | | (i) the presence of free product, (ii) contamination within a |
5 | | regulated recharge area, a wellhead protection area, or the |
6 | | setback zone of a potable water supply well, (iii) |
7 | | contamination extending beyond the boundaries of the site |
8 | | where the release occurred, or (iv) such other criteria as may |
9 | | be adopted in Agency rules. |
10 | | (1) Fund moneys committed under this subsection (e) |
11 | | shall be held in the Fund for payment of the corrective |
12 | | action costs for which the moneys were committed. |
13 | | (2) The Agency may adopt rules governing the |
14 | | commitment of Fund moneys under this subsection (e). |
15 | | (3) This subsection (e) does not limit the use of Fund |
16 | | moneys at legacy sites as otherwise provided under this |
17 | | Title. |
18 | | (4) For the purposes of this subsection (e), the term |
19 | | "legacy site" means a site for which (i) an underground |
20 | | storage tank release was reported prior to January 1, |
21 | | 2005, (ii) the owner or operator has been determined |
22 | | eligible to receive payment from the Fund for corrective |
23 | | action costs, and (iii) the Agency did not receive any |
24 | | applications for payment prior to January 1, 2010. |
25 | | (f) Beginning July 1, 2013, if the amounts deposited into |
26 | | the Fund from moneys received by the Office of the State Fire |
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1 | | Marshal as fees for underground storage tanks under Sections 4 |
2 | | and 5 of the Gasoline Storage Act and as fees pursuant to the |
3 | | Motor Fuel Tax Law during a State fiscal year are sufficient to |
4 | | pay all claims for payment by the fund received during that |
5 | | State fiscal year, then the amount of any payments into the |
6 | | fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
7 | | Service Occupation Tax Act, and the Retailers' Occupation Tax |
8 | | Act during that State fiscal year shall be deposited as |
9 | | follows: 75% thereof shall be paid into the State treasury and |
10 | | 25% shall be reserved in a special account and used only for |
11 | | the transfer to the Common School Fund as part of the monthly |
12 | | transfer from the General Revenue Fund in accordance with |
13 | | Section 8a of the State Finance Act. |
14 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
15 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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16 | | Section 5-102. The Open Space Lands Acquisition and |
17 | | Development Act is amended by changing Section 3 as follows:
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18 | | (525 ILCS 35/3) (from Ch. 85, par. 2103) |
19 | | Sec. 3. From appropriations made from the Capital |
20 | | Development Fund, Build Illinois Bond Fund or other available |
21 | | or designated funds for such purposes, the Department shall |
22 | | make grants to local governments as financial assistance for |
23 | | the capital development and improvement of park, recreation or |
24 | | conservation areas, marinas and shorelines, including planning |
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1 | | and engineering costs, and for the acquisition of open space |
2 | | lands, including acquisition of easements and other property |
3 | | interests less than fee simple ownership if the Department |
4 | | determines that such property interests are sufficient to |
5 | | carry out the purposes of this Act, subject to the conditions |
6 | | and limitations set forth in this Act. |
7 | | No more than 10% of the amount so appropriated for any |
8 | | fiscal year may be committed or expended on any one project |
9 | | described in an application under this Act. |
10 | | Except for grants awarded from new appropriations in |
11 | | fiscal years 2023 through fiscal year 2026 2025 , any grant |
12 | | under this Act to a local government shall be conditioned upon |
13 | | the state providing assistance on a 50/50 matching basis for |
14 | | the acquisition of open space lands and for capital |
15 | | development and improvement proposals. However, a local |
16 | | government defined as "distressed" under criteria adopted by |
17 | | the Department through administrative rule shall be eligible |
18 | | for assistance up to 90% for the acquisition of open space |
19 | | lands and for capital development and improvement proposals, |
20 | | provided that no more than 10% of the amount appropriated |
21 | | under this Act in any fiscal year is made available as grants |
22 | | to distressed local governments. For grants awarded from new |
23 | | appropriations in fiscal years 2023 through fiscal year 2026 |
24 | | 2025 only, a local government defined as "distressed" is |
25 | | eligible for assistance up to 100% for the acquisition of open |
26 | | space lands and for capital development and improvement |
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1 | | proposals. The Department may make more than 10% of the amount |
2 | | appropriated in fiscal years 2023 through fiscal year 2026 |
3 | | 2025 available as grants to distressed local governments. |
4 | | An advance payment of a minimum of 50% of any grant made to |
5 | | a unit of local government under this Act must be paid to the |
6 | | unit of local government at the time the Department awards the |
7 | | grant. A unit of local government may opt out of the advanced |
8 | | payment option at the time of the award of the grant. The |
9 | | remainder of the grant shall be distributed to the local |
10 | | government quarterly on a reimbursement basis. The Department |
11 | | shall consider an applicant's request for an extension to a |
12 | | grant under this Act if (i) the advanced payment is expended or |
13 | | legally obligated within the 2 years required by Section 5 of |
14 | | the Illinois Grant Funds Recovery Act or (ii) no advanced |
15 | | payment was made. |
16 | | (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; |
17 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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18 | | Section 5-103. The Pretrial Services Act is amended by |
19 | | changing Sections 0.02, 1, 25, 26, and 33 as follows:
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20 | | (725 ILCS 185/0.02) |
21 | | (This Section may contain text from a Public Act with a |
22 | | delayed effective date ) |
23 | | Sec. 0.02. Definitions. In this Act: |
24 | | "Director" means the Director of the Office of Statewide |
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1 | | Pretrial Services. |
2 | | "Division" has the meaning provided in Section 9b of the |
3 | | Probation and Probation Officers Act. |
4 | | "Local pretrial services agency " means a pretrial services |
5 | | agency other than the Office who is providing pretrial |
6 | | services. |
7 | | "Pretrial services agency " means any agency providing |
8 | | services to the circuit court as provided for in this Act, |
9 | | including the Office. |
10 | | "Office" means the Office of Statewide Pretrial Services. |
11 | | "Peace officer" includes pretrial officers. |
12 | | "Pretrial officer" means a person employed with the Office |
13 | | or with a local pretrial services agency who (i) has taken and |
14 | | subscribed to an oath as set forth in this Act and (ii) |
15 | | provides pretrial services to a court under this Act. |
16 | | (Source: P.A. 103-602, eff. 7-1-25.)
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17 | | (725 ILCS 185/1) (from Ch. 38, par. 301) |
18 | | (Text of Section before amendment by P.A. 103-602 ) |
19 | | Sec. 1. Each circuit court shall establish a pretrial |
20 | | services agency to provide the court with accurate background |
21 | | data regarding the pretrial release of persons charged with |
22 | | felonies and effective supervision of compliance with the |
23 | | terms and conditions imposed on release. |
24 | | (Source: P.A. 84-1449.)
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1 | | (Text of Section after amendment by P.A. 103-602 ) |
2 | | Sec. 1. Pretrial services shall be provided by a local |
3 | | pretrial services agency or the Office. |
4 | | (a) The pretrial services agency shall provide the circuit |
5 | | court with accurate background data regarding the pretrial |
6 | | release of persons charged with felonies and effective |
7 | | supervision of compliance with the terms and conditions |
8 | | imposed on release. |
9 | | (b) Before entering upon the duties of office, each |
10 | | pretrial officer shall take and subscribe to an oath to |
11 | | support the constitution and laws of the United States and the |
12 | | State of Illinois and to perform faithfully the duties of that |
13 | | office. |
14 | | (1) Pretrial officers employed by local pretrial |
15 | | services agencies shall take the oath before the Chief |
16 | | Judge of their circuit or the Chief Judge's designee. |
17 | | (2) Pretrial officers employed by the Office shall |
18 | | take the oath before the Director or the Director's |
19 | | designee. |
20 | | (Source: P.A. 103-602, eff. 7-1-25.)
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21 | | (725 ILCS 185/25) (from Ch. 38, par. 325) |
22 | | Sec. 25. The pretrial services agency shall provide |
23 | | written notification to supervised persons of court appearance |
24 | | obligations, and may require their periodic reporting by |
25 | | letter, telephone or personal appearance to verify such |
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1 | | compliance. |
2 | | (Source: P.A. 84-1449.)
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3 | | (725 ILCS 185/26) (from Ch. 38, par. 326) |
4 | | Sec. 26. The pretrial services agency Agency personnel |
5 | | shall regularly monitor the arrest records of local law |
6 | | enforcement agencies to determine whether any supervised |
7 | | person has been formally charged with the commission of a new |
8 | | offense in violation of the uniform release order. In such |
9 | | event, the agency shall prepare a formal report of that fact |
10 | | and present same to the court. A copy shall be provided to the |
11 | | prosecuting officer. |
12 | | (Source: P.A. 84-1449.)
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13 | | (725 ILCS 185/33) (from Ch. 38, par. 333) |
14 | | (Text of Section before amendment by P.A. 103-602 ) |
15 | | Sec. 33. The Supreme Court shall pay from funds |
16 | | appropriated to it for this purpose 100% of all approved costs |
17 | | for pretrial services, including pretrial services officers, |
18 | | necessary support personnel, travel costs reasonably related |
19 | | to the delivery of pretrial services, space costs, equipment, |
20 | | telecommunications, postage, commodities, printing and |
21 | | contractual services. Costs shall be reimbursed monthly, based |
22 | | on a plan and budget approved by the Supreme Court. No |
23 | | department may be reimbursed for costs which exceed or are not |
24 | | provided for in the approved plan and budget. The Mandatory |
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1 | | Arbitration Fund may be used to reimburse approved costs for |
2 | | pretrial services. |
3 | | (Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331, |
4 | | eff. 8-21-07; 95-707, eff. 1-11-08.)
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5 | | (Text of Section after amendment by P.A. 103-602 ) |
6 | | Sec. 33. The Office shall pay from funds appropriated to |
7 | | it for this purpose 100% of the salary for all pretrial officer |
8 | | and pretrial supervisor positions employed by local pretrial |
9 | | services agencies to implement the services set forth in this |
10 | | Act and that have been approved for reimbursement by the |
11 | | Office. all approved costs for pretrial services, including |
12 | | pretrial services officers, necessary support personnel, |
13 | | travel costs reasonably related to the delivery of pretrial |
14 | | services, space costs, equipment, telecommunications, postage, |
15 | | commodities, printing and contractual services. |
16 | | (1) Each local pretrial services agency shall submit |
17 | | an annual plan and budget to the Office setting forth all |
18 | | pretrial officer and pretrial supervisor positions and |
19 | | current funding sources for each position. |
20 | | (2) Costs shall be reimbursed monthly, based on an |
21 | | annual plan and budget approved by the Office. No local |
22 | | pretrial services agency department may be reimbursed for |
23 | | costs which exceed or are not provided for in the approved |
24 | | annual plan and budget. |
25 | | (3) The salary, or portions thereof, of a pretrial |
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1 | | officer or pretrial supervisor shall not be reimbursed by |
2 | | both the Division and the Office when the pretrial officer |
3 | | or pretrial supervisor performs duties under both this Act |
4 | | and Section 12 of the Probation and Probation Officers |
5 | | Act. |
6 | | (A) The Division and the Office shall annually |
7 | | identify all positions that perform duties under both |
8 | | this Act and the Probation and Probation Officers Act. |
9 | | (B) For each position identified under |
10 | | subparagraph (A) that is eligible for reimbursement, |
11 | | the Division and the Office shall determine whether |
12 | | the position will be reimbursed by the Division |
13 | | pursuant to the Probation and Probation Officers Act, |
14 | | by the Office under this Act, or by another source. |
15 | | (Source: P.A. 103-602, eff. 7-1-25.)
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16 | | Section 5-105. The Revised Uniform Unclaimed Property Act |
17 | | is amended by changing Section 15-801 as follows:
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18 | | (765 ILCS 1026/15-801) |
19 | | Sec. 15-801. Deposit of funds by administrator. |
20 | | (a) Except as otherwise provided in this Section, the |
21 | | administrator shall deposit in the Unclaimed Property Trust |
22 | | Fund all funds received under this Act, including proceeds |
23 | | from the sale of property under Article 7. The administrator |
24 | | may deposit any amount in the Unclaimed Property Trust Fund |
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1 | | into the State Pensions Fund during the fiscal year at his or |
2 | | her discretion; however, he or she shall, on April 15 and |
3 | | October 15 of each year, deposit any amount in the Unclaimed |
4 | | Property Trust Fund exceeding $2,500,000 into the State |
5 | | Pensions Fund. If on either April 15 or October 15, the |
6 | | administrator determines that a balance of $2,500,000 is |
7 | | insufficient for the prompt payment of unclaimed property |
8 | | claims authorized under this Act, the administrator may retain |
9 | | more than $2,500,000 in the Unclaimed Property Trust Fund in |
10 | | order to ensure the prompt payment of claims. Beginning in |
11 | | State fiscal year 2027 2026 , all amounts that are deposited |
12 | | into the State Pensions Fund from the Unclaimed Property Trust |
13 | | Fund shall be apportioned to the designated retirement systems |
14 | | as provided in subsection (c-6) of Section 8.12 of the State |
15 | | Finance Act to reduce their actuarial reserve deficiencies. |
16 | | (b) The administrator shall make prompt payment of claims |
17 | | he or she duly allows as provided for in this Act from the |
18 | | Unclaimed Property Trust Fund. This shall constitute an |
19 | | irrevocable and continuing appropriation of all amounts in the |
20 | | Unclaimed Property Trust Fund necessary to make prompt payment |
21 | | of claims duly allowed by the administrator pursuant to this |
22 | | Act. |
23 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
24 | | 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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25 | | Section 5-106. The Illinois Works Jobs Program Act is |
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1 | | amended by changing Section 20-15 as follows:
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2 | | (30 ILCS 559/20-15) |
3 | | Sec. 20-15. Illinois Works Preapprenticeship Program; |
4 | | Illinois Works Bid Credit Program. |
5 | | (a) The Illinois Works Preapprenticeship Program is |
6 | | established and shall be administered by the Department. The |
7 | | goal of the Illinois Works Preapprenticeship Program is to |
8 | | create a network of community-based organizations throughout |
9 | | the State that will recruit, prescreen, and provide |
10 | | preapprenticeship skills training, for which participants may |
11 | | attend free of charge and receive a stipend, to create a |
12 | | qualified, diverse pipeline of workers who are prepared for |
13 | | careers in the construction and building trades. Upon |
14 | | completion of the Illinois Works Preapprenticeship Program, |
15 | | the candidates will be skilled and work-ready. |
16 | | (b) There is created the Illinois Works Fund, a special |
17 | | fund in the State treasury. The Illinois Works Fund shall be |
18 | | administered by the Department. The Illinois Works Fund shall |
19 | | be used to provide funding for community-based organizations |
20 | | throughout the State. In addition to any other transfers that |
21 | | may be provided for by law, on and after July 1, 2019 at the |
22 | | direction of the Director of the Governor's Office of |
23 | | Management and Budget, the State Comptroller shall direct and |
24 | | the State Treasurer shall transfer amounts not exceeding a |
25 | | total of $50,000,000 from the Rebuild Illinois Projects Fund |
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1 | | to the Illinois Works Fund. |
2 | | (b-5) In addition to any other transfers that may be |
3 | | provided for by law, beginning July 1, 2024 and each July 1 |
4 | | thereafter, or as soon thereafter as practical, the State |
5 | | Comptroller shall direct and the State Treasurer shall |
6 | | transfer $27,500,000 $20,000,000 from the Capital Projects |
7 | | Fund to the Illinois Works Fund. |
8 | | (c) Each community-based organization that receives |
9 | | funding from the Illinois Works Fund shall provide an annual |
10 | | report to the Illinois Works Review Panel by April 1 of each |
11 | | calendar year. The annual report shall include the following |
12 | | information: |
13 | | (1) a description of the community-based |
14 | | organization's recruitment, screening, and training |
15 | | efforts; |
16 | | (2) the number of individuals who apply to, |
17 | | participate in, and complete the community-based |
18 | | organization's program, broken down by race, gender, age, |
19 | | and veteran status; and |
20 | | (3) the number of the individuals referenced in item (2) |
21 | | of this subsection who are initially accepted and placed |
22 | | into apprenticeship programs in the construction and |
23 | | building trades. |
24 | | (d) The Department shall create and administer the |
25 | | Illinois Works Bid Credit Program that shall provide economic |
26 | | incentives, through bid credits, to encourage contractors and |
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1 | | subcontractors to provide contracting and employment |
2 | | opportunities to historically underrepresented populations in |
3 | | the construction industry. |
4 | | The Illinois Works Bid Credit Program shall allow |
5 | | contractors and subcontractors to earn bid credits for use |
6 | | toward future bids for public works projects contracted by the |
7 | | State or an agency of the State in order to increase the |
8 | | chances that the contractor and the subcontractors will be |
9 | | selected. |
10 | | Contractors or subcontractors may be eligible to earn bid |
11 | | credits for employing apprentices who have completed the |
12 | | Illinois Works Preapprenticeship Program. Contractors or |
13 | | subcontractors shall earn bid credits at a rate established by |
14 | | the Department and based on labor hours worked by apprentices |
15 | | who have completed the Illinois Works Preapprenticeship |
16 | | Program. In order to earn bid credits, contractors and |
17 | | subcontractors shall provide the Department with certified |
18 | | payroll documenting the hours performed by apprentices who |
19 | | have completed the Illinois Works Preapprenticeship Program. |
20 | | Contractors and subcontractors can use bid credits toward |
21 | | future bids for public works projects contracted or funded by |
22 | | the State or an agency of the State in order to increase the |
23 | | likelihood of being selected as the contractor for the public |
24 | | works project toward which they have applied the bid credit. |
25 | | The Department shall establish the rate by rule and shall |
26 | | publish it on the Department's website. The rule may include |
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1 | | maximum bid credits allowed per contractor, per subcontractor, |
2 | | per apprentice, per bid, or per year. |
3 | | The Illinois Works Credit Bank is hereby created and shall |
4 | | be administered by the Department. The Illinois Works Credit |
5 | | Bank shall track the bid credits. |
6 | | A contractor or subcontractor who has been awarded bid |
7 | | credits under any other State program for employing |
8 | | apprentices who have completed the Illinois Works |
9 | | Preapprenticeship Program is not eligible to receive bid |
10 | | credits under the Illinois Works Bid Credit Program relating |
11 | | to the same contract. |
12 | | The Department shall report to the Illinois Works Review |
13 | | Panel the following: (i) the number of bid credits awarded by |
14 | | the Department; (ii) the number of bid credits submitted by |
15 | | the contractor or subcontractor to the agency administering |
16 | | the public works contract; and (iii) the number of bid credits |
17 | | accepted by the agency for such contract. Any agency that |
18 | | awards bid credits pursuant to the Illinois Works Credit Bank |
19 | | Program shall report to the Department the number of bid |
20 | | credits it accepted for the public works contract. |
21 | | Upon a finding that a contractor or subcontractor has |
22 | | reported falsified records to the Department in order to |
23 | | fraudulently obtain bid credits, the Department may bar the |
24 | | contractor or subcontractor from participating in the Illinois |
25 | | Works Bid Credit Program and may suspend the contractor or |
26 | | subcontractor from bidding on or participating in any public |
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1 | | works project. False or fraudulent claims for payment relating |
2 | | to false bid credits may be subject to damages and penalties |
3 | | under applicable law. |
4 | | (e) The Department shall adopt any rules deemed necessary |
5 | | to implement this Section. In order to provide for the |
6 | | expeditious and timely implementation of this Act, the |
7 | | Department may adopt emergency rules. The adoption of |
8 | | emergency rules authorized by this subsection is deemed to be |
9 | | necessary for the public interest, safety, and welfare. |
10 | | (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23; |
11 | | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
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12 | | Section 5-107. The State Facilities Closure Act is amended |
13 | | by changing Section 5-10 as follows:
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14 | | (30 ILCS 608/5-10) |
15 | | Sec. 5-10. Facility closure process. |
16 | | (a) Before a State facility may be closed, the State |
17 | | executive branch officer with jurisdiction over the facility |
18 | | shall file notice of the proposed closure with the Commission. |
19 | | The notice must be filed within 2 days after the first public |
20 | | announcement of any planned or proposed closure. Within 10 |
21 | | days after it receives notice of the proposed closure, the |
22 | | Commission, in its discretion, may require the State executive |
23 | | branch officer with jurisdiction over the facility to file a |
24 | | recommendation for the closure of the facility with the |
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1 | | Commission. In the case of a proposed closure of: (i) a prison, |
2 | | youth center, work camp, or work release center operated by |
3 | | the Department of Corrections; (ii) a school, mental health |
4 | | center, or center for persons with developmental disabilities |
5 | | operated by the Department of Human Services; or (iii) a |
6 | | residential facility operated by the Department of Veterans' |
7 | | Affairs, the Commission must require the executive branch |
8 | | officers to file a recommendation for closure. The |
9 | | recommendation must be filed within 30 days after the |
10 | | Commission delivers the request for recommendation to the |
11 | | State executive branch officer. The recommendation must |
12 | | include, but is not limited to, the following: |
13 | | (1) the location and identity of the State facility |
14 | | proposed to be closed; |
15 | | (2) the number of employees for which the State |
16 | | facility is the primary stationary work location and the |
17 | | effect of the closure of the facility on those employees; |
18 | | (3) the location or locations to which the functions |
19 | | and employees of the State facility would be moved; |
20 | | (4) the availability and condition of land and |
21 | | facilities at both the existing location and any potential |
22 | | locations; |
23 | | (5) the ability to accommodate the functions and |
24 | | employees at the existing and at any potential locations; |
25 | | (6) the cost of operations of the State facility and |
26 | | at any potential locations and any other related budgetary |
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1 | | impacts; |
2 | | (7) the economic impact on existing communities in the |
3 | | vicinity of the State facility and any potential facility; |
4 | | (8) the ability of the existing and any potential |
5 | | community's infrastructure to support the functions and |
6 | | employees; |
7 | | (9) the impact on State services delivered at the |
8 | | existing location, in direct relation to the State |
9 | | services expected to be delivered at any potential |
10 | | locations; and |
11 | | (10) the environmental impact, including the impact of |
12 | | costs related to potential environmental restoration, |
13 | | waste management, and environmental compliance activities. |
14 | | (b) If a recommendation is required by the Commission, a |
15 | | 30-day public comment period must follow the filing of the |
16 | | recommendation. The Commission, in its discretion, may conduct |
17 | | one or more public hearings on the recommendation. In the case |
18 | | of a proposed closure of: (i) a prison, youth center, work |
19 | | camp, or work release center operated by the Department of |
20 | | Corrections; (ii) a school, mental health center, or center |
21 | | for persons with developmental disabilities operated by the |
22 | | Department of Human Services; or (iii) a residential facility |
23 | | operated by the Department of Veterans' Affairs, the |
24 | | Commission must conduct one or more public hearings on the |
25 | | recommendation. Public hearings conducted by the Commission |
26 | | shall be conducted no later than 35 days after the filing of |
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1 | | the recommendation. At least one of the public hearings on the |
2 | | recommendation shall be held at a convenient location within |
3 | | 25 miles of the facility for which closure is recommended. The |
4 | | Commission shall provide reasonable notice of the comment |
5 | | period and of any public hearings to the public and to units of |
6 | | local government and school districts that are located within |
7 | | 25 miles of the facility. |
8 | | (c) Within 50 days after the State executive branch |
9 | | officer files the required recommendation, the Commission |
10 | | shall issue an advisory opinion on that recommendation. The |
11 | | Commission shall file the advisory opinion with the |
12 | | appropriate State executive branch officer, the Governor, the |
13 | | General Assembly, and the Index Department of the Office of |
14 | | the Secretary of State and shall make copies of the advisory |
15 | | opinion available to the public upon request. |
16 | | (d) No action may be taken to implement the recommendation |
17 | | for closure of a State facility until 50 days after the filing |
18 | | of any required recommendation. |
19 | | (e) The requirements of this Section do not apply if all of |
20 | | the functions and employees of a State facility are relocated |
21 | | to another State facility that is within 10 miles of the closed |
22 | | facility. |
23 | | (Source: P.A. 99-143, eff. 7-27-15.)
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24 | | Section 5-108. The University of Illinois Act is amended |
25 | | by changing Section 7 as follows:
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1 | | (110 ILCS 305/7) (from Ch. 144, par. 28) |
2 | | Sec. 7. Powers of trustees. |
3 | | (a) The trustees shall have power to provide for the |
4 | | requisite buildings, apparatus, and conveniences; to fix the |
5 | | rates for tuition; to appoint such professors and instructors, |
6 | | and to establish and provide for the management of such model |
7 | | farms, model art, and other departments and professorships, as |
8 | | may be required to teach, in the most thorough manner, such |
9 | | branches of learning as are related to agriculture and the |
10 | | mechanic arts, and military tactics, without excluding other |
11 | | scientific and classical studies. The trustees shall, upon the |
12 | | written request of an employee withhold from the compensation |
13 | | of that employee any dues, payments or contributions payable |
14 | | by such employee to any labor organization as defined in the |
15 | | Illinois Educational Labor Relations Act. Under such |
16 | | arrangement, an amount shall be withheld from each regular |
17 | | payroll period which is equal to the pro rata share of the |
18 | | annual dues plus any payments or contributions, and the |
19 | | trustees shall transmit such withholdings to the specified |
20 | | labor organization within 10 working days from the time of the |
21 | | withholding. They may accept the endowments and voluntary |
22 | | professorships or departments in the University, from any |
23 | | person or persons or corporations who may offer the same, and, |
24 | | at any regular meeting of the board, may prescribe rules and |
25 | | regulations in relation to such endowments and declare on what |
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1 | | general principles they may be admitted: Provided, that such |
2 | | special voluntary endowments or professorships shall not be |
3 | | incompatible with the true design and scope of the act of |
4 | | congress, or of this Act: Provided, that no student shall at |
5 | | any time be allowed to remain in or about the University in |
6 | | idleness, or without full mental or industrial occupation: And |
7 | | provided further, that the trustees, in the exercise of any of |
8 | | the powers conferred by this Act, shall not create any |
9 | | liability or indebtedness in excess of the funds in the hands |
10 | | of the treasurer of the University at the time of creating such |
11 | | liability or indebtedness, and which may be specially and |
12 | | properly applied to the payment of the same. Except as |
13 | | otherwise provided in this Section, any lease to the trustees |
14 | | of lands, buildings or facilities which will support |
15 | | scientific research and development in such areas as high |
16 | | technology, super computing, microelectronics, biotechnology, |
17 | | robotics, physics and engineering shall be for a term not to |
18 | | exceed 18 years, and may grant to the trustees the option to |
19 | | purchase the lands, buildings or facilities. The lease shall |
20 | | recite that it is subject to termination and cancellation in |
21 | | any year for which the General Assembly fails to make an |
22 | | appropriation to pay the rent payable under the terms of the |
23 | | lease. |
24 | | Leases for the purposes described herein exceeding 5 years |
25 | | shall have the approval of the Illinois Board of Higher |
26 | | Education. |
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1 | | The Board of Trustees may, directly or in cooperation with |
2 | | other institutions of higher education, acquire by purchase or |
3 | | lease or otherwise, and construct, enlarge, improve, equip, |
4 | | complete, operate, control and manage medical research and |
5 | | high technology parks, together with the necessary lands, |
6 | | buildings, facilities, equipment and personal property |
7 | | therefor, to encourage and facilitate (a) the location and |
8 | | development of business and industry in the State of Illinois, |
9 | | and (b) the increased application and development of |
10 | | technology and (c) the improvement and development of the |
11 | | State's economy. The Board of Trustees may lease to nonprofit |
12 | | corporations all or any part of the land, buildings, |
13 | | facilities, equipment or other property included in a medical |
14 | | research and high technology park upon such terms and |
15 | | conditions as the University of Illinois may deem advisable |
16 | | and enter into any contract or agreement with such nonprofit |
17 | | corporations as may be necessary or suitable for the |
18 | | construction, financing, operation and maintenance and |
19 | | management of any such park; and may lease to any person, firm, |
20 | | partnership or corporation, either public or private, any part |
21 | | or all of the land, building, facilities, equipment or other |
22 | | property of such park for such purposes and upon such rentals, |
23 | | terms and conditions as the University may deem advisable; and |
24 | | may finance all or part of the cost of any such park, including |
25 | | the purchase, lease, construction, reconstruction, |
26 | | improvement, remodeling, addition to, and extension and |
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1 | | maintenance of all or part of such high technology park, and |
2 | | all equipment and furnishings, by legislative appropriations, |
3 | | government grants, contracts, private gifts, loans, receipts |
4 | | from the operation of such high technology park, rentals and |
5 | | similar receipts; and may make its other facilities and |
6 | | services available to tenants or other occupants of any such |
7 | | park at rates which are reasonable and appropriate. |
8 | | The Board of Trustees may, directly or in cooperation with |
9 | | other members and partners of the collaborative research and |
10 | | academic initiative known as the Chicago Quantum Exchange, |
11 | | including, without limitation, other institutions of higher |
12 | | education, hereinafter each individually referred to as a "CQE |
13 | | partner", finance, design, construct, enlarge, improve, equip, |
14 | | complete, operate, control, and manage a facility or |
15 | | facilities for the research and development of quantum |
16 | | information sciences and technologies, hereinafter referred to |
17 | | as the "quantum science facilities". Notwithstanding any other |
18 | | provision of applicable law: (1) the quantum science |
19 | | facilities may be located on land owned by the Board of |
20 | | Trustees or a CQE partner; and (2) costs incurred in |
21 | | connection with the design, construction, enlargement, |
22 | | improvement, equipping, and completion of the quantum science |
23 | | facilities may be paid with funds appropriated to the Capital |
24 | | Development Board from the Build Illinois Bond Fund for a |
25 | | grant to the Board of Trustees for the quantum science |
26 | | facilities, whether the quantum science facilities are located |
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1 | | on land owned by the Board of Trustees or by a CQE partner; |
2 | | provided, however, that if any quantum science facilities are |
3 | | located on land owned by a CQE partner, the use of such grant |
4 | | funds shall be subject to, and contingent upon, the lease by |
5 | | the Board of Trustees, as lessee, of a portion of such quantum |
6 | | science facilities for a term equal to at least the useful life |
7 | | of such quantum science facilities. The leased premises under |
8 | | any such lease shall bear a reasonable relationship to the |
9 | | proportional share of the costs paid by such grant funds. Any |
10 | | such lease shall give the Board of Trustees the right to |
11 | | terminate the lease before the expiration of its term if the |
12 | | General Assembly fails to appropriate sufficient funds to pay |
13 | | rent due under the lease. |
14 | | Notwithstanding any other provision of law, the Board of |
15 | | Trustees may sell, lease, or otherwise transfer and convey all |
16 | | or part of real estate deemed by the Board of Trustees to be |
17 | | surplus real estate, together with any improvements situated |
18 | | thereon, to a State agency, with or without an exchange of |
19 | | value, on such terms as the Board of Trustees shall determine |
20 | | are in the best interests of the University and consistent |
21 | | with that institution's objects and purposes. Any proceeds |
22 | | from the sale, lease, or other transfer of all or any part of |
23 | | real estate deemed surplus real estate, including any |
24 | | improvements situated thereon, are subject to the terms of |
25 | | subsection (c) of Section 7.8 of the State Property Control |
26 | | Act. |
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1 | | The Trustees shall have power (a) to purchase real |
2 | | property and easements, and (b) to acquire real property and |
3 | | easements in the manner provided by law for the exercise of the |
4 | | right of eminent domain, and in the event negotiations for the |
5 | | acquisition of real property or easements for making any |
6 | | improvement which the Trustees are authorized to make shall |
7 | | have proven unsuccessful and the Trustees shall have by |
8 | | resolution adopted a schedule or plan of operation for the |
9 | | execution of the project and therein made a finding that it is |
10 | | necessary to take such property or easements immediately or at |
11 | | some specified later date in order to comply with the |
12 | | schedule, the Trustees may acquire such property or easements |
13 | | in the same manner provided in Article 20 of the Eminent Domain |
14 | | Act (quick-take procedure). |
15 | | The Board of Trustees also shall have power to agree with |
16 | | the State's Attorney of the county in which any properties of |
17 | | the Board are located to pay for services rendered by the |
18 | | various taxing districts for the years 1944 through 1949 and |
19 | | to pay annually for services rendered thereafter by such |
20 | | district such sums as may be determined by the Board upon |
21 | | properties used solely for income producing purposes, title to |
22 | | which is held by said Board of Trustees, upon properties |
23 | | leased to members of the staff of the University of Illinois, |
24 | | title to which is held in trust for said Board of Trustees and |
25 | | upon properties leased to for-profit entities the title to |
26 | | which properties is held by the Board of Trustees. A certified |
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1 | | copy of any such agreement made with the State's Attorney |
2 | | shall be filed with the County Clerk and such sums shall be |
3 | | distributed to the respective taxing districts by the County |
4 | | Collector in such proportions that each taxing district will |
5 | | receive therefrom such proportion as the tax rate of such |
6 | | taxing district bears to the total tax rate that would be |
7 | | levied against such properties if they were not exempt from |
8 | | taxation under the Property Tax Code. |
9 | | The Board of Trustees of the University of Illinois, |
10 | | subject to the applicable civil service law, may appoint |
11 | | persons to be members of the University of Illinois Police |
12 | | Department. Members of the Police Department shall be peace |
13 | | officers and as such have all powers possessed by policemen in |
14 | | cities, and sheriffs, including the power to make arrests on |
15 | | view or warrants of violations of state statutes and city or |
16 | | county ordinances, except that they may exercise such powers |
17 | | only in counties wherein the University and any of its |
18 | | branches or properties are located when such is required for |
19 | | the protection of university properties and interests, and its |
20 | | students and personnel, and otherwise, within such counties, |
21 | | when requested by appropriate state or local law enforcement |
22 | | officials; provided, however, that such officer shall have no |
23 | | power to serve and execute civil processes. |
24 | | The Board of Trustees must authorize to each member of the |
25 | | University of Illinois Police Department and to any other |
26 | | employee of the University of Illinois exercising the powers |
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1 | | of a peace officer a distinct badge that, on its face, (i) |
2 | | clearly states that the badge is authorized by the University |
3 | | of Illinois and (ii) contains a unique identifying number. No |
4 | | other badge shall be authorized by the University of Illinois. |
5 | | Nothing in this paragraph prohibits the Board of Trustees from |
6 | | issuing shields or other distinctive identification to |
7 | | employees not exercising the powers of a peace officer if the |
8 | | Board of Trustees determines that a shield or distinctive |
9 | | identification is needed by the employee to carry out his or |
10 | | her responsibilities. |
11 | | The Board of Trustees may own, operate, or govern, by or |
12 | | through the College of Medicine at Peoria, a managed care |
13 | | community network established under subsection (b) of Section |
14 | | 5-11 of the Illinois Public Aid Code. |
15 | | The powers of the trustees as herein designated are |
16 | | subject to the provisions of "An Act creating a Board of Higher |
17 | | Education, defining its powers and duties, making an |
18 | | appropriation therefor, and repealing an Act herein named", |
19 | | approved August 22, 1961, as amended. |
20 | | The Board of Trustees shall have the authority to adopt |
21 | | all administrative rules which may be necessary for the |
22 | | effective administration, enforcement and regulation of all |
23 | | matters for which the Board has jurisdiction or |
24 | | responsibility. |
25 | | (b) To assist in the provision of buildings and facilities |
26 | | beneficial to, useful for, or supportive of University |
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1 | | purposes, the Board of Trustees of the University of Illinois |
2 | | may exercise the following powers with regard to the area |
3 | | located on or adjacent to the University of Illinois at |
4 | | Chicago campus and bounded as follows: on the West by Morgan |
5 | | Street; on the North by Roosevelt Road; on the East by Union |
6 | | Street; and on the South by 16th Street, in the City of |
7 | | Chicago: |
8 | | (1) Acquire any interests in land, buildings, or |
9 | | facilities by purchase, including installments payable |
10 | | over a period allowed by law, by lease over a term of such |
11 | | duration as the Board of Trustees shall determine, or by |
12 | | exercise of the power of eminent domain; |
13 | | (2) Sub-lease or contract to purchase through |
14 | | installments all or any portion of buildings or facilities |
15 | | for such duration and on such terms as the Board of |
16 | | Trustees shall determine, including a term that exceeds 5 |
17 | | years, provided that each such lease or purchase contract |
18 | | shall be and shall recite that it is subject to |
19 | | termination and cancellation in any year for which the |
20 | | General Assembly fails to make an appropriation to pay the |
21 | | rent or purchase installments payable under the terms of |
22 | | such lease or purchase contract; and |
23 | | (3) Sell property without compliance with the State |
24 | | Property Control Act and retain proceeds in the University |
25 | | Treasury in a special, separate development fund account |
26 | | which the Auditor General shall examine to assure |
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1 | | compliance with this Act. |
2 | | Any buildings or facilities to be developed on the land shall |
3 | | be buildings or facilities that, in the determination of the |
4 | | Board of Trustees, in whole or in part: (i) are for use by the |
5 | | University; or (ii) otherwise advance the interests of the |
6 | | University, including, by way of example, residential |
7 | | facilities for University staff and students and commercial |
8 | | facilities which provide services needed by the University |
9 | | community. Revenues from the development fund account may be |
10 | | withdrawn by the University for the purpose of demolition and |
11 | | the processes associated with demolition; routine land and |
12 | | property acquisition; extension of utilities; streetscape |
13 | | work; landscape work; surface and structure parking; |
14 | | sidewalks, recreational paths, and street construction; and |
15 | | lease and lease purchase arrangements and the professional |
16 | | services associated with the planning and development of the |
17 | | area. Moneys from the development fund account used for any |
18 | | other purpose must be deposited into and appropriated from the |
19 | | General Revenue Fund. Buildings or facilities leased to an |
20 | | entity or person other than the University shall not be |
21 | | subject to any limitations applicable to a State supported |
22 | | college or university under any law. All development on the |
23 | | land and all use of any buildings or facilities shall be |
24 | | subject to the control and approval of the Board of Trustees. |
25 | | (c) The Board of Trustees shall have the power to borrow |
26 | | money, as necessary, from time to time in anticipation of |
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1 | | receiving tuition, payments from the State of Illinois, or |
2 | | other revenues or receipts of the University, also known as |
3 | | anticipated moneys. The borrowing limit shall be capped at |
4 | | 100% of the total amount of payroll and other expense vouchers |
5 | | submitted and payable to the University for fiscal year 2010 |
6 | | expenses, but unpaid by the State Comptroller's office. Prior |
7 | | to borrowing any funds, the University shall request from the |
8 | | Comptroller's office a verification of the borrowing limit and |
9 | | shall include the estimated date on which such borrowing shall |
10 | | occur. The borrowing limit cap shall be verified by the State |
11 | | Comptroller's office not prior to 45 days before any estimated |
12 | | date for executing any promissory note or line of credit |
13 | | established under this subsection (c). The principal amount |
14 | | borrowed under a promissory note or line of credit shall not |
15 | | exceed 75% of the borrowing limit. Within 15 days after |
16 | | borrowing funds under any promissory note or line of credit |
17 | | established under this subsection (c), the University shall |
18 | | submit to the Governor's Office of Management and Budget, the |
19 | | Speaker of the House of Representatives, the Minority Leader |
20 | | of the House of Representatives, the President of the Senate, |
21 | | and the Minority Leader of the Senate an Emergency Short Term |
22 | | Cash Management Plan. The Emergency Short Term Cash Management |
23 | | Plan shall outline the amount borrowed, the terms for |
24 | | repayment, the amount of outstanding State vouchers as |
25 | | verified by the State Comptroller's office, and the |
26 | | University's plan for expenditure of any borrowed funds, |
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1 | | including, but not limited to, a detailed plan to meet payroll |
2 | | obligations to include collective bargaining employees, civil |
3 | | service employees, and academic, research, and health care |
4 | | personnel. The establishment of any promissory note or line of |
5 | | credit established under this subsection (c) must be finalized |
6 | | within 90 days after the effective date of this amendatory Act |
7 | | of the 96th General Assembly. The borrowed moneys shall be |
8 | | applied to the purposes of paying salaries and other expenses |
9 | | lawfully authorized in the University's State appropriation |
10 | | and unpaid by the State Comptroller. Any line of credit |
11 | | established under this subsection (c) shall be paid in full |
12 | | one year after creation or within 10 days after the date the |
13 | | University receives reimbursement from the State for all |
14 | | submitted fiscal year 2010 vouchers, whichever is earlier. Any |
15 | | promissory note established under this subsection (c) shall be |
16 | | repaid within one year after issuance of the note. The |
17 | | Chairman, Comptroller, or Treasurer of the Board shall execute |
18 | | a promissory note or similar debt instrument to evidence the |
19 | | indebtedness incurred by the borrowing. In connection with a |
20 | | borrowing, the Board may establish a line of credit with a |
21 | | financial institution, investment bank, or broker/dealer. The |
22 | | obligation to make the payments due under any promissory note |
23 | | or line of credit established under this subsection (c) shall |
24 | | be a lawful obligation of the University payable from the |
25 | | anticipated moneys. Any borrowing under this subsection (c) |
26 | | shall not constitute a debt, legal or moral, of the State and |
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1 | | shall not be enforceable against the State. The promissory |
2 | | note or line of credit shall be authorized by a resolution |
3 | | passed by the Board and shall be valid whether or not a |
4 | | budgeted item with respect to that resolution is included in |
5 | | any annual or supplemental budget adopted by the Board. The |
6 | | resolution shall set forth facts demonstrating the need for |
7 | | the borrowing, state an amount that the amount to be borrowed |
8 | | will not exceed, and establish a maximum interest rate limit |
9 | | not to exceed the maximum rate authorized by the Bond |
10 | | Authorization Act or 9%, whichever is less. The resolution may |
11 | | direct the Comptroller or Treasurer of the Board to make |
12 | | arrangements to set apart and hold the portion of the |
13 | | anticipated moneys, as received, that shall be used to repay |
14 | | the borrowing, subject to any prior pledges or restrictions |
15 | | with respect to the anticipated moneys. The resolution may |
16 | | also authorize the Treasurer of the Board to make partial |
17 | | repayments of the borrowing as the anticipated moneys become |
18 | | available and may contain any other terms, restrictions, or |
19 | | limitations not inconsistent with the powers of the Board. |
20 | | For the purposes of this subsection (c), "financial |
21 | | institution" means any bank subject to the Illinois Banking |
22 | | Act, any savings and loan association subject to the Illinois |
23 | | Savings and Loan Act of 1985, and any federally chartered |
24 | | commercial bank or savings and loan association or |
25 | | government-sponsored enterprise organized and operated in this |
26 | | State pursuant to the laws of the United States. |
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1 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
2 | | Article 10.
|
3 | | Section 10-5. The Illinois Administrative Procedure Act is |
4 | | amended by adding Sections 5-45.61 and 5-45.62 as follows:
|
5 | | (5 ILCS 100/5-45.61 new) |
6 | | Sec. 5-45.61. Emergency rulemaking; Substance Use Disorder |
7 | | Act. To provide for the expeditious and timely implementation |
8 | | of the changes made to Section 55-30 of the Substance Use |
9 | | Disorder Act by this amendatory Act of the 104th General |
10 | | Assembly, emergency rules implementing the changes made to |
11 | | that Section by this amendatory Act of the 104th General |
12 | | Assembly may be adopted in accordance with Section 5-45 by the |
13 | | Department of Human Services or any other agency essential to |
14 | | the implementation of the changes. The adoption of emergency |
15 | | rules authorized by Section 5-45 and this Section is deemed to |
16 | | be necessary for the public interest, safety, and welfare. |
17 | | This Section is repealed one year after the effective date |
18 | | of this Section.
|
19 | | (5 ILCS 100/5-45.62 new) |
20 | | Sec. 5-45.62. Emergency rulemaking; Illinois Public Aid |
21 | | Code. To provide for the expeditious and timely implementation |
22 | | of the changes made to the Illinois Public Aid Code by this |
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1 | | amendatory Act of the 104th General Assembly, emergency rules |
2 | | implementing the changes made to that Code by this amendatory |
3 | | Act of the 104th General Assembly may be adopted in accordance |
4 | | with Section 5-45 by the Department of Healthcare and Family |
5 | | Services or any other agency essential to the implementation |
6 | | of the changes. The adoption of emergency rules authorized by |
7 | | Section 5-45 and this Section is deemed to be necessary for the |
8 | | public interest, safety, and welfare. |
9 | | This Section is repealed one year after the effective date |
10 | | of this Section.
|
11 | | Section 10-10. The Mental Health and Developmental |
12 | | Disabilities Administrative Act is amended by changing Section |
13 | | 74 as follows:
|
14 | | (20 ILCS 1705/74) |
15 | | Sec. 74. Rates and reimbursements. |
16 | | (a) Within 30 days after July 6, 2017 (the effective date |
17 | | of Public Act 100-23), the Department shall increase rates and |
18 | | reimbursements to fund a minimum of a $0.75 per hour wage |
19 | | increase for frontline front-line personnel, including, but |
20 | | not limited to, direct support professionals, aides, frontline |
21 | | front-line supervisors, qualified intellectual disabilities |
22 | | professionals, nurses, and non-administrative support staff |
23 | | working in community-based provider organizations serving |
24 | | individuals with developmental disabilities. The Department |
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1 | | shall adopt rules, including emergency rules under subsection |
2 | | (y) of Section 5-45 of the Illinois Administrative Procedure |
3 | | Act, to implement the provisions of this Section. |
4 | | (b) Rates and reimbursements. Within 30 days after June 4, |
5 | | 2018 (the effective date of Public Act 100-587), the |
6 | | Department shall increase rates and reimbursements to fund a |
7 | | minimum of a $0.50 per hour wage increase for frontline |
8 | | front-line personnel, including, but not limited to, direct |
9 | | support professionals, aides, frontline front-line |
10 | | supervisors, qualified intellectual disabilities |
11 | | professionals, nurses, and non-administrative support staff |
12 | | working in community-based provider organizations serving |
13 | | individuals with developmental disabilities. The Department |
14 | | shall adopt rules, including emergency rules under subsection |
15 | | (bb) of Section 5-45 of the Illinois Administrative Procedure |
16 | | Act, to implement the provisions of this Section. |
17 | | (c) Rates and reimbursements. Within 30 days after June 5, |
18 | | 2019 (the effective date of Public Act 101-10), subject to |
19 | | federal approval, the Department shall increase rates and |
20 | | reimbursements in effect on June 30, 2019 for community-based |
21 | | providers for persons with Developmental Disabilities by 3.5% |
22 | | The Department shall adopt rules, including emergency rules |
23 | | under subsection (jj) of Section 5-45 of the Illinois |
24 | | Administrative Procedure Act, to implement the provisions of |
25 | | this Section, including wage increases for direct care staff. |
26 | | (d) For community-based providers serving persons with |
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1 | | intellectual/developmental disabilities, subject to federal |
2 | | approval of any relevant Waiver Amendment, the rates taking |
3 | | effect for services delivered on or after January 1, 2022, |
4 | | shall include an increase in the rate methodology sufficient |
5 | | to provide a $1.50 per hour wage increase for direct support |
6 | | professionals in residential settings and sufficient to |
7 | | provide wages for all residential non-executive direct care |
8 | | staff, excluding direct support professionals, at the federal |
9 | | Department of Labor, Bureau of Labor Statistics' average wage |
10 | | as defined in rule by the Department. |
11 | | The establishment of and any changes to the rate |
12 | | methodologies for community-based services provided to persons |
13 | | with intellectual/developmental disabilities are subject to |
14 | | federal approval of any relevant Waiver Amendment and shall be |
15 | | defined in rule by the Department. The Department shall adopt |
16 | | rules, including emergency rules as authorized by Section 5-45 |
17 | | of the Illinois Administrative Procedure Act, to implement the |
18 | | provisions of this subsection (d). |
19 | | (e) For community-based providers serving persons with |
20 | | intellectual/developmental disabilities, subject to federal |
21 | | approval of any relevant Waiver Amendment, the rates taking |
22 | | effect for services delivered on or after January 1, 2023, |
23 | | shall include an increase in the rate methodology sufficient |
24 | | to provide a $1.00 per hour wage increase for all direct |
25 | | support professionals and all other frontline personnel who |
26 | | are not subject to the Bureau of Labor Statistics' average |
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1 | | wage increases, who work in residential and community day |
2 | | services settings, with at least $0.50 of those funds to be |
3 | | provided as a direct increase to base wages, with the |
4 | | remaining $0.50 to be used flexibly for base wage increases. |
5 | | In addition, the rates taking effect for services delivered on |
6 | | or after January 1, 2023 shall include an increase sufficient |
7 | | to provide wages for all residential non-executive direct care |
8 | | staff, excluding direct support professionals, at the federal |
9 | | Department of Labor, Bureau of Labor Statistics' average wage |
10 | | as defined in rule by the Department. |
11 | | The establishment of and any changes to the rate |
12 | | methodologies for community-based services provided to persons |
13 | | with intellectual/developmental disabilities are subject to |
14 | | federal approval of any relevant Waiver Amendment and shall be |
15 | | defined in rule by the Department. The Department shall adopt |
16 | | rules, including emergency rules as authorized by Section 5-45 |
17 | | of the Illinois Administrative Procedure Act, to implement the |
18 | | provisions of this subsection. |
19 | | (f) For community-based providers serving persons with |
20 | | intellectual/developmental disabilities, subject to federal |
21 | | approval of any relevant Waiver Amendment, the rates taking |
22 | | effect for services delivered on or after January 1, 2024 |
23 | | shall include an increase in the rate methodology sufficient |
24 | | to provide a $2.50 per hour wage increase for all direct |
25 | | support professionals and all other frontline personnel who |
26 | | are not subject to the Bureau of Labor Statistics' average |
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1 | | wage increases and who work in residential and community day |
2 | | services settings. At least $1.25 of the per hour wage |
3 | | increase shall be provided as a direct increase to base wages, |
4 | | and the remaining $1.25 of the per hour wage increase shall be |
5 | | used flexibly for base wage increases. In addition, the rates |
6 | | taking effect for services delivered on or after January 1, |
7 | | 2024 shall include an increase sufficient to provide wages for |
8 | | all residential non-executive direct care staff, excluding |
9 | | direct support professionals, at the federal Department of |
10 | | Labor, Bureau of Labor Statistics' average wage as defined in |
11 | | rule by the Department. |
12 | | The establishment of and any changes to the rate |
13 | | methodologies for community-based services provided to persons |
14 | | with intellectual/developmental disabilities are subject to |
15 | | federal approval of any relevant Waiver Amendment and shall be |
16 | | defined in rule by the Department. 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 subsection. |
20 | | (g) For community-based providers serving persons with |
21 | | intellectual or developmental disabilities, subject to federal |
22 | | approval of any relevant Waiver Amendment, the rates taking |
23 | | effect for services delivered on or after January 1, 2025 |
24 | | shall include an increase in the rate methodology sufficient |
25 | | to provide a $1 per hour wage rate increase for all direct |
26 | | support personnel and all other frontline personnel who are |
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1 | | not subject to the Bureau of Labor Statistics' average wage |
2 | | increases and who work in residential and community day |
3 | | services settings, with at least $0.75 of those funds to be |
4 | | provided as a direct increase to base wages and the remaining |
5 | | $0.25 to be used flexibly for base wage increases. These |
6 | | increases shall not be used by community-based providers for |
7 | | operational or administrative expenses. In addition, the rates |
8 | | taking effect for services delivered on or after January 1, |
9 | | 2025 shall include an increase sufficient to provide wages for |
10 | | all residential non-executive direct care staff, excluding |
11 | | direct support personnel, at the federal Department of Labor, |
12 | | Bureau of Labor Statistics' average wage as defined by rule by |
13 | | the Department. For services delivered on or after January 1, |
14 | | 2025, the rates shall include adjustments to |
15 | | employment-related expenses as defined by rule by the |
16 | | Department. |
17 | | The establishment of and any changes to the rate |
18 | | methodologies for community-based services provided to persons |
19 | | with intellectual or developmental disabilities are subject to |
20 | | federal approval of any relevant Waiver Amendment and shall be |
21 | | defined in rule by the Department. The Department shall adopt |
22 | | rules, including emergency rules as authorized by Section 5-45 |
23 | | of the Illinois Administrative Procedure Act, to implement the |
24 | | provisions of this subsection. |
25 | | (h) For community-based providers serving persons with |
26 | | intellectual or developmental disabilities, subject to federal |
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1 | | approval of any relevant Waiver Amendment, the rates taking |
2 | | effect for services delivered on or after January 1, 2026 |
3 | | shall include an increase in the rate methodology sufficient |
4 | | to provide a $0.80 per hour wage increase for all direct |
5 | | support personnel and all other frontline personnel who are |
6 | | not subject to the Bureau of Labor Statistics' average wage |
7 | | increases and who work in residential and community day |
8 | | services settings, with at least $0.60 of the per hour wage |
9 | | increase to be provided as a direct increase to base wages, and |
10 | | the remaining $0.20 of the per hour wage increase to be used |
11 | | flexibly for base wage increases. These increases shall not be |
12 | | used by community-based providers for operational or |
13 | | administrative expenses. In addition, the rates taking effect |
14 | | for services delivered on or after January 1, 2026 shall |
15 | | include an increase sufficient to provide wages for all |
16 | | residential non-executive direct care staff, excluding direct |
17 | | support personnel, at the federal Department of Labor, Bureau |
18 | | of Labor Statistics' average wage as defined in 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 |
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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; 103-588, eff. 6-5-24.)
|
5 | | Section 10-15. The Illinois Public Aid Code is amended by |
6 | | changing Section 5-5.4 as follows:
|
7 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) |
8 | | Sec. 5-5.4. Standards of payment; Department of Healthcare |
9 | | and Family Services. The Department of Healthcare and Family |
10 | | Services shall develop standards of payment of nursing |
11 | | facility and ICF/DD services in facilities providing such |
12 | | services under this Article which: |
13 | | (1) Provide for the determination of a facility's payment |
14 | | for nursing facility or ICF/DD services on a prospective |
15 | | basis. The amount of the payment rate for all nursing |
16 | | facilities certified by the Department of Public Health under |
17 | | the ID/DD Community Care Act or the Nursing Home Care Act as |
18 | | Intermediate Care for the Developmentally Disabled facilities, |
19 | | Long Term Care for Under Age 22 facilities, Skilled Nursing |
20 | | facilities, or Intermediate Care facilities under the medical |
21 | | assistance program shall be prospectively established annually |
22 | | on the basis of historical, financial, and statistical data |
23 | | reflecting actual costs from prior years, which shall be |
24 | | applied to the current rate year and updated for inflation, |
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1 | | except that the capital cost element for newly constructed |
2 | | facilities shall be based upon projected budgets. The annually |
3 | | established payment rate shall take effect on July 1 in 1984 |
4 | | and subsequent years. No rate increase and no update for |
5 | | inflation shall be provided on or after July 1, 1994, unless |
6 | | specifically provided for in this Section. The changes made by |
7 | | Public Act 93-841 extending the duration of the prohibition |
8 | | against a rate increase or update for inflation are effective |
9 | | retroactive to July 1, 2004. |
10 | | For facilities licensed by the Department of Public Health |
11 | | under the Nursing Home Care Act as Intermediate Care for the |
12 | | Developmentally Disabled facilities or Long Term Care for |
13 | | Under Age 22 facilities, the rates taking effect on July 1, |
14 | | 1998 shall include an increase of 3%. For facilities licensed |
15 | | by the Department of Public Health under the Nursing Home Care |
16 | | Act as Skilled Nursing facilities or Intermediate Care |
17 | | facilities, the rates taking effect on July 1, 1998 shall |
18 | | include an increase of 3% plus $1.10 per resident-day, as |
19 | | defined by the Department. For facilities licensed by the |
20 | | Department of Public Health under the Nursing Home Care Act as |
21 | | Intermediate Care Facilities for the Developmentally Disabled |
22 | | or Long Term Care for Under Age 22 facilities, the rates taking |
23 | | effect on January 1, 2006 shall include an increase of 3%. For |
24 | | facilities licensed by the Department of Public Health under |
25 | | the Nursing Home Care Act as Intermediate Care Facilities for |
26 | | the Developmentally Disabled or Long Term Care for Under Age |
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1 | | 22 facilities, the rates taking effect on January 1, 2009 |
2 | | shall include an increase sufficient to provide a $0.50 per |
3 | | hour wage increase for non-executive staff. For facilities |
4 | | licensed by the Department of Public Health under the ID/DD |
5 | | Community Care Act as ID/DD Facilities the rates taking effect |
6 | | within 30 days after July 6, 2017 (the effective date of Public |
7 | | Act 100-23) shall include an increase sufficient to provide a |
8 | | $0.75 per hour wage increase for non-executive staff. The |
9 | | Department shall adopt rules, including emergency rules under |
10 | | subsection (y) of Section 5-45 of the Illinois Administrative |
11 | | Procedure Act, to implement the provisions of this paragraph. |
12 | | For facilities licensed by the Department of Public Health |
13 | | under the ID/DD Community Care Act as ID/DD Facilities and |
14 | | under the MC/DD Act as MC/DD Facilities, the rates taking |
15 | | effect within 30 days after June 5, 2019 (the effective date of |
16 | | Public Act 101-10) shall include an increase sufficient to |
17 | | provide a $0.50 per hour wage increase for non-executive |
18 | | frontline front-line personnel, including, but not limited to, |
19 | | direct support persons, aides, frontline front-line |
20 | | supervisors, qualified intellectual disabilities |
21 | | professionals, nurses, and non-administrative support staff. |
22 | | The Department shall adopt rules, including emergency rules |
23 | | under subsection (bb) of Section 5-45 of the Illinois |
24 | | Administrative Procedure Act, to implement the provisions of |
25 | | this paragraph. |
26 | | For facilities licensed by the Department of Public Health |
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1 | | under the Nursing Home Care Act as Intermediate Care for the |
2 | | Developmentally Disabled facilities or Long Term Care for |
3 | | Under Age 22 facilities, the rates taking effect on July 1, |
4 | | 1999 shall include an increase of 1.6% plus $3.00 per |
5 | | resident-day, as defined by the Department. For facilities |
6 | | licensed by the Department of Public Health under the Nursing |
7 | | Home Care Act as Skilled Nursing facilities or Intermediate |
8 | | Care facilities, the rates taking effect on July 1, 1999 shall |
9 | | include an increase of 1.6% and, for services provided on or |
10 | | after October 1, 1999, shall be increased by $4.00 per |
11 | | resident-day, as defined by the Department. |
12 | | For facilities licensed by the Department of Public Health |
13 | | under the Nursing Home Care Act as Intermediate Care for the |
14 | | Developmentally Disabled facilities or Long Term Care for |
15 | | Under Age 22 facilities, the rates taking effect on July 1, |
16 | | 2000 shall include an increase of 2.5% per resident-day, as |
17 | | defined by the Department. For facilities licensed by the |
18 | | Department of Public Health under the Nursing Home Care Act as |
19 | | Skilled Nursing facilities or Intermediate Care facilities, |
20 | | the rates taking effect on July 1, 2000 shall include an |
21 | | increase of 2.5% per resident-day, as defined by the |
22 | | Department. |
23 | | For facilities licensed by the Department of Public Health |
24 | | under the Nursing Home Care Act as skilled nursing facilities |
25 | | or intermediate care facilities, a new payment methodology |
26 | | must be implemented for the nursing component of the rate |
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1 | | effective July 1, 2003. The Department of Public Aid (now |
2 | | Healthcare and Family Services) shall develop the new payment |
3 | | methodology using the Minimum Data Set (MDS) as the instrument |
4 | | to collect information concerning nursing home resident |
5 | | condition necessary to compute the rate. The Department shall |
6 | | develop the new payment methodology to meet the unique needs |
7 | | of Illinois nursing home residents while remaining subject to |
8 | | the appropriations provided by the General Assembly. A |
9 | | transition period from the payment methodology in effect on |
10 | | June 30, 2003 to the payment methodology in effect on July 1, |
11 | | 2003 shall be provided for a period not exceeding 3 years and |
12 | | 184 days after implementation of the new payment methodology |
13 | | as follows: |
14 | | (A) For a facility that would receive a lower nursing |
15 | | component rate per patient day under the new system than |
16 | | the facility received effective on the date immediately |
17 | | preceding the date that the Department implements the new |
18 | | payment methodology, the nursing component rate per |
19 | | patient day for the facility shall be held at the level in |
20 | | effect on the date immediately preceding the date that the |
21 | | Department implements the new payment methodology until a |
22 | | higher nursing component rate of reimbursement is achieved |
23 | | by that facility. |
24 | | (B) For a facility that would receive a higher nursing |
25 | | component rate per patient day under the payment |
26 | | methodology in effect on July 1, 2003 than the facility |
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1 | | received effective on the date immediately preceding the |
2 | | date that the Department implements the new payment |
3 | | methodology, the nursing component rate per patient day |
4 | | for the facility shall be adjusted. |
5 | | (C) Notwithstanding paragraphs (A) and (B), the |
6 | | nursing component rate per patient day for the facility |
7 | | shall be adjusted subject to appropriations provided by |
8 | | the General Assembly. |
9 | | For facilities licensed by the Department of Public Health |
10 | | under the Nursing Home Care Act as Intermediate Care for the |
11 | | Developmentally Disabled facilities or Long Term Care for |
12 | | Under Age 22 facilities, the rates taking effect on March 1, |
13 | | 2001 shall include a statewide increase of 7.85%, as defined |
14 | | by the Department. |
15 | | Notwithstanding any other provision of this Section, for |
16 | | facilities licensed by the Department of Public Health under |
17 | | the Nursing Home Care Act as skilled nursing facilities or |
18 | | intermediate care facilities, except facilities participating |
19 | | in the Department's demonstration program pursuant to the |
20 | | provisions of Title 77, Part 300, Subpart T of the Illinois |
21 | | Administrative Code, the numerator of the ratio used by the |
22 | | Department of Healthcare and Family Services to compute the |
23 | | rate payable under this Section using the Minimum Data Set |
24 | | (MDS) methodology shall incorporate the following annual |
25 | | amounts as the additional funds appropriated to the Department |
26 | | specifically to pay for rates based on the MDS nursing |
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1 | | component methodology in excess of the funding in effect on |
2 | | December 31, 2006: |
3 | | (i) For rates taking effect January 1, 2007, |
4 | | $60,000,000. |
5 | | (ii) For rates taking effect January 1, 2008, |
6 | | $110,000,000. |
7 | | (iii) For rates taking effect January 1, 2009, |
8 | | $194,000,000. |
9 | | (iv) For rates taking effect April 1, 2011, or the |
10 | | first day of the month that begins at least 45 days after |
11 | | February 16, 2011 (the effective date of Public Act |
12 | | 96-1530), $416,500,000 or an amount as may be necessary to |
13 | | complete the transition to the MDS methodology for the |
14 | | nursing component of the rate. Increased payments under |
15 | | this item (iv) are not due and payable, however, until (i) |
16 | | the methodologies described in this paragraph are approved |
17 | | by the federal government in an appropriate State Plan |
18 | | amendment and (ii) the assessment imposed by Section 5B-2 |
19 | | of this Code is determined to be a permissible tax under |
20 | | Title XIX of the Social Security Act. |
21 | | Notwithstanding any other provision of this Section, for |
22 | | facilities licensed by the Department of Public Health under |
23 | | the Nursing Home Care Act as skilled nursing facilities or |
24 | | intermediate care facilities, the support component of the |
25 | | rates taking effect on January 1, 2008 shall be computed using |
26 | | the most recent cost reports on file with the Department of |
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1 | | Healthcare and Family Services no later than April 1, 2005, |
2 | | updated for inflation to January 1, 2006. |
3 | | For facilities licensed by the Department of Public Health |
4 | | under the Nursing Home Care Act as Intermediate Care for the |
5 | | Developmentally Disabled facilities or Long Term Care for |
6 | | Under Age 22 facilities, the rates taking effect on April 1, |
7 | | 2002 shall include a statewide increase of 2.0%, as defined by |
8 | | the Department. This increase terminates on July 1, 2002; |
9 | | beginning July 1, 2002 these rates are reduced to the level of |
10 | | the rates in effect on March 31, 2002, as defined by the |
11 | | Department. |
12 | | For facilities licensed by the Department of Public Health |
13 | | under the Nursing Home Care Act as skilled nursing facilities |
14 | | or intermediate care facilities, the rates taking effect on |
15 | | July 1, 2001 shall be computed using the most recent cost |
16 | | reports on file with the Department of Public Aid no later than |
17 | | April 1, 2000, updated for inflation to January 1, 2001. For |
18 | | rates effective July 1, 2001 only, rates shall be the greater |
19 | | of the rate computed for July 1, 2001 or the rate effective on |
20 | | June 30, 2001. |
21 | | Notwithstanding any other provision of this Section, for |
22 | | facilities licensed by the Department of Public Health under |
23 | | the Nursing Home Care Act as skilled nursing facilities or |
24 | | intermediate care facilities, the Illinois Department shall |
25 | | determine by rule the rates taking effect on July 1, 2002, |
26 | | which shall be 5.9% less than the rates in effect on June 30, |
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1 | | 2002. |
2 | | Notwithstanding any other provision of this Section, for |
3 | | facilities licensed by the Department of Public Health under |
4 | | the Nursing Home Care Act as skilled nursing facilities or |
5 | | intermediate care facilities, if the payment methodologies |
6 | | required under Section 5A-12 and the waiver granted under 42 |
7 | | CFR 433.68 are approved by the United States Centers for |
8 | | Medicare and Medicaid Services, the rates taking effect on |
9 | | July 1, 2004 shall be 3.0% greater than the rates in effect on |
10 | | June 30, 2004. These rates shall take effect only upon |
11 | | approval and implementation of the payment methodologies |
12 | | required under Section 5A-12. |
13 | | Notwithstanding any other provisions 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, the rates taking effect on |
17 | | January 1, 2005 shall be 3% more than the rates in effect on |
18 | | December 31, 2004. |
19 | | Notwithstanding any other provision of this Section, for |
20 | | facilities licensed by the Department of Public Health under |
21 | | the Nursing Home Care Act as skilled nursing facilities or |
22 | | intermediate care facilities, effective January 1, 2009, the |
23 | | per diem support component of the rates effective on January |
24 | | 1, 2008, computed using the most recent cost reports on file |
25 | | with the Department of Healthcare and Family Services no later |
26 | | than April 1, 2005, updated for inflation to January 1, 2006, |
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1 | | shall be increased to the amount that would have been derived |
2 | | using standard Department of Healthcare and Family Services |
3 | | methods, procedures, and inflators. |
4 | | Notwithstanding any other provisions of this Section, for |
5 | | facilities licensed by the Department of Public Health under |
6 | | the Nursing Home Care Act as intermediate care facilities that |
7 | | are federally defined as Institutions for Mental Disease, or |
8 | | facilities licensed by the Department of Public Health under |
9 | | the Specialized Mental Health Rehabilitation Act of 2013, a |
10 | | socio-development component rate equal to 6.6% of the |
11 | | facility's nursing component rate as of January 1, 2006 shall |
12 | | be established and paid effective July 1, 2006. The |
13 | | socio-development component of the rate shall be increased by |
14 | | a factor of 2.53 on the first day of the month that begins at |
15 | | least 45 days after January 11, 2008 (the effective date of |
16 | | Public Act 95-707). As of August 1, 2008, the |
17 | | socio-development component rate shall be equal to 6.6% of the |
18 | | facility's nursing component rate as of January 1, 2006, |
19 | | multiplied by a factor of 3.53. For services provided on or |
20 | | after April 1, 2011, or the first day of the month that begins |
21 | | at least 45 days after February 16, 2011 (the effective date of |
22 | | Public Act 96-1530), whichever is later, the Illinois |
23 | | Department may by rule adjust these socio-development |
24 | | component rates, and may use different adjustment |
25 | | methodologies for those facilities participating, and those |
26 | | not participating, in the Illinois Department's demonstration |
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1 | | program pursuant to the provisions of Title 77, Part 300, |
2 | | Subpart T of the Illinois Administrative Code, but in no case |
3 | | may such rates be diminished below those in effect on August 1, |
4 | | 2008. |
5 | | For facilities licensed by the Department of Public Health |
6 | | under the Nursing Home Care Act as Intermediate Care for the |
7 | | Developmentally Disabled facilities or as long-term care |
8 | | facilities for residents under 22 years of age, the rates |
9 | | taking effect on July 1, 2003 shall include a statewide |
10 | | increase of 4%, as defined by the Department. |
11 | | For facilities licensed by the Department of Public Health |
12 | | under the Nursing Home Care Act as Intermediate Care for the |
13 | | Developmentally Disabled facilities or Long Term Care for |
14 | | Under Age 22 facilities, the rates taking effect on the first |
15 | | day of the month that begins at least 45 days after January 11, |
16 | | 2008 (the effective date of Public Act 95-707) shall include a |
17 | | statewide increase of 2.5%, as defined by the Department. |
18 | | Notwithstanding any other provision of this Section, for |
19 | | facilities licensed by the Department of Public Health under |
20 | | the Nursing Home Care Act as skilled nursing facilities or |
21 | | intermediate care facilities, effective January 1, 2005, |
22 | | facility rates shall be increased by the difference between |
23 | | (i) a facility's per diem property, liability, and malpractice |
24 | | insurance costs as reported in the cost report filed with the |
25 | | Department of Public Aid and used to establish rates effective |
26 | | July 1, 2001 and (ii) those same costs as reported in the |
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1 | | facility's 2002 cost report. These costs shall be passed |
2 | | through to the facility without caps or limitations, except |
3 | | for adjustments required under normal auditing procedures. |
4 | | Rates established effective each July 1 shall govern |
5 | | payment for services rendered throughout that fiscal year, |
6 | | except that rates established on July 1, 1996 shall be |
7 | | increased by 6.8% for services provided on or after January 1, |
8 | | 1997. Such rates will be based upon the rates calculated for |
9 | | the year beginning July 1, 1990, and for subsequent years |
10 | | thereafter until June 30, 2001 shall be based on the facility |
11 | | cost reports for the facility fiscal year ending at any point |
12 | | in time during the previous calendar year, updated to the |
13 | | midpoint of the rate year. The cost report shall be on file |
14 | | with the Department no later than April 1 of the current rate |
15 | | year. Should the cost report not be on file by April 1, the |
16 | | Department shall base the rate on the latest cost report filed |
17 | | by each skilled care facility and intermediate care facility, |
18 | | updated to the midpoint of the current rate year. In |
19 | | determining rates for services rendered on and after July 1, |
20 | | 1985, fixed time shall not be computed at less than zero. The |
21 | | Department shall not make any alterations of regulations which |
22 | | would reduce any component of the Medicaid rate to a level |
23 | | below what that component would have been utilizing in the |
24 | | rate effective on July 1, 1984. |
25 | | (2) Shall take into account the actual costs incurred by |
26 | | facilities in providing services for recipients of skilled |
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1 | | nursing and intermediate care services under the medical |
2 | | assistance program. |
3 | | (3) Shall take into account the medical and psycho-social |
4 | | characteristics and needs of the patients. |
5 | | (4) Shall take into account the actual costs incurred by |
6 | | facilities in meeting licensing and certification standards |
7 | | imposed and prescribed by the State of Illinois, any of its |
8 | | political subdivisions or municipalities and by the U.S. |
9 | | Department of Health and Human Services pursuant to Title XIX |
10 | | of the Social Security Act. |
11 | | The Department of Healthcare and Family Services shall |
12 | | develop precise standards for payments to reimburse nursing |
13 | | facilities for any utilization of appropriate rehabilitative |
14 | | personnel for the provision of rehabilitative services which |
15 | | is authorized by federal regulations, including reimbursement |
16 | | for services provided by qualified therapists or qualified |
17 | | assistants, and which is in accordance with accepted |
18 | | professional practices. Reimbursement also may be made for |
19 | | utilization of other supportive personnel under appropriate |
20 | | supervision. |
21 | | The Department shall develop enhanced payments to offset |
22 | | the additional costs incurred by a facility serving |
23 | | exceptional need residents and shall allocate at least |
24 | | $4,000,000 of the funds collected from the assessment |
25 | | established by Section 5B-2 of this Code for such payments. |
26 | | For the purpose of this Section, "exceptional needs" means, |
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1 | | but need not be limited to, ventilator care and traumatic |
2 | | brain injury care. The enhanced payments for exceptional need |
3 | | residents under this paragraph are not due and payable, |
4 | | however, until (i) the methodologies described in this |
5 | | paragraph are approved by the federal government in an |
6 | | appropriate State Plan amendment and (ii) the assessment |
7 | | imposed by Section 5B-2 of this Code is determined to be a |
8 | | permissible tax under Title XIX of the Social Security Act. |
9 | | Beginning January 1, 2014 the methodologies for |
10 | | reimbursement of nursing facility services as provided under |
11 | | this Section 5-5.4 shall no longer be applicable for services |
12 | | provided on or after January 1, 2014. |
13 | | No payment increase under this Section for the MDS |
14 | | methodology, exceptional care residents, or the |
15 | | socio-development component rate established by Public Act |
16 | | 96-1530 of the 96th General Assembly and funded by the |
17 | | assessment imposed under Section 5B-2 of this Code shall be |
18 | | due and payable until after the Department notifies the |
19 | | long-term care providers, in writing, that the payment |
20 | | methodologies to long-term care providers required under this |
21 | | Section have been approved by the Centers for Medicare and |
22 | | Medicaid Services of the U.S. Department of Health and Human |
23 | | Services and the waivers under 42 CFR 433.68 for the |
24 | | assessment imposed by this Section, if necessary, have been |
25 | | granted by the Centers for Medicare and Medicaid Services of |
26 | | the U.S. Department of Health and Human Services. Upon |
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1 | | notification to the Department of approval of the payment |
2 | | methodologies required under this Section and the waivers |
3 | | granted under 42 CFR 433.68, all increased payments otherwise |
4 | | due under this Section prior to the date of notification shall |
5 | | be due and payable within 90 days of the date federal approval |
6 | | is received. |
7 | | On and after July 1, 2012, the Department shall reduce any |
8 | | rate of reimbursement for services or other payments or alter |
9 | | any methodologies authorized by this Code to reduce any rate |
10 | | of reimbursement for services or other payments in accordance |
11 | | with Section 5-5e. |
12 | | For facilities licensed by the Department of Public Health |
13 | | under the ID/DD Community Care Act as ID/DD Facilities and |
14 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
15 | | approval, the rates taking effect for services delivered on or |
16 | | after August 1, 2019 shall be increased by 3.5% over the rates |
17 | | in effect on June 30, 2019. The Department shall adopt rules, |
18 | | including emergency rules under subsection (ii) of Section |
19 | | 5-45 of the Illinois Administrative Procedure Act, to |
20 | | implement the provisions of this Section, including wage |
21 | | increases for direct care staff. |
22 | | For facilities licensed by the Department of Public Health |
23 | | under the ID/DD Community Care Act as ID/DD Facilities and |
24 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
25 | | approval, the rates taking effect on the latter of the |
26 | | approval date of the State Plan Amendment for these facilities |
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1 | | or the Waiver Amendment for the home and community-based |
2 | | services settings shall include an increase sufficient to |
3 | | provide a $0.26 per hour wage increase to the base wage for |
4 | | non-executive staff. The Department shall adopt rules, |
5 | | including emergency rules as authorized by Section 5-45 of the |
6 | | Illinois Administrative Procedure Act, to implement the |
7 | | provisions of this Section, including wage increases for |
8 | | direct care staff. |
9 | | For facilities licensed by the Department of Public Health |
10 | | under the ID/DD Community Care Act as ID/DD Facilities and |
11 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
12 | | approval of the State Plan Amendment and the Waiver Amendment |
13 | | for the home and community-based services settings, the rates |
14 | | taking effect for the services delivered on or after July 1, |
15 | | 2020 shall include an increase sufficient to provide a $1.00 |
16 | | per hour wage increase for non-executive staff. For services |
17 | | delivered on or after January 1, 2021, subject to federal |
18 | | approval of the State Plan Amendment and the Waiver Amendment |
19 | | for the home and community-based services settings, shall |
20 | | include an increase sufficient to provide a $0.50 per hour |
21 | | increase for non-executive staff. The Department shall adopt |
22 | | rules, including emergency rules as authorized by Section 5-45 |
23 | | of the Illinois Administrative Procedure Act, to implement the |
24 | | provisions of this Section, including wage increases for |
25 | | direct care staff. |
26 | | For facilities licensed by the Department of Public Health |
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1 | | under the ID/DD Community Care Act as ID/DD Facilities and |
2 | | under the MC/DD Act as MC/DD Facilities, subject to federal |
3 | | approval of the State Plan Amendment, the rates taking effect |
4 | | for the residential services delivered on or after July 1, |
5 | | 2021, shall include an increase sufficient to provide a $0.50 |
6 | | per hour increase for aides in the rate methodology. For |
7 | | facilities licensed by the Department of Public Health under |
8 | | the ID/DD Community Care Act as ID/DD Facilities and under the |
9 | | MC/DD Act as MC/DD Facilities, subject to federal approval of |
10 | | the State Plan Amendment, the rates taking effect for the |
11 | | residential services delivered on or after January 1, 2022 |
12 | | shall include an increase sufficient to provide a $1.00 per |
13 | | hour increase for aides in the rate methodology. In addition, |
14 | | for residential services delivered on or after January 1, 2022 |
15 | | such rates shall include an increase sufficient to provide |
16 | | wages for all residential non-executive direct care staff, |
17 | | excluding aides, at the federal Department of Labor, Bureau of |
18 | | Labor Statistics' average wage as defined in rule by the |
19 | | Department. The Department shall adopt rules, including |
20 | | emergency rules as authorized by Section 5-45 of the Illinois |
21 | | Administrative Procedure Act, to implement the provisions of |
22 | | this Section. |
23 | | For facilities licensed by the Department of Public Health |
24 | | under the ID/DD Community Care Act as ID/DD facilities and |
25 | | under the MC/DD Act as MC/DD facilities, subject to federal |
26 | | approval of the State Plan Amendment, the rates taking effect |
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1 | | for services delivered on or after January 1, 2023, shall |
2 | | include a $1.00 per hour wage increase for all direct support |
3 | | personnel and all other frontline personnel who are not |
4 | | subject to the Bureau of Labor Statistics' average wage |
5 | | increases, who work in residential and community day services |
6 | | settings, with at least $0.50 of those funds to be provided as |
7 | | a direct increase to all aide base wages, with the remaining |
8 | | $0.50 to be used flexibly for base wage increases to the rate |
9 | | methodology for aides. In addition, for residential services |
10 | | delivered on or after January 1, 2023 the rates shall include |
11 | | an increase sufficient to provide wages for all residential |
12 | | non-executive direct care staff, excluding aides, at the |
13 | | federal Department of Labor, Bureau of Labor Statistics' |
14 | | average wage as determined by the Department. Also, for |
15 | | services delivered on or after January 1, 2023, the rates will |
16 | | include adjustments to employment-related expenses as defined |
17 | | in rule by the Department. The Department shall adopt rules, |
18 | | including emergency rules as authorized by Section 5-45 of the |
19 | | Illinois Administrative Procedure Act, to implement the |
20 | | provisions of this Section. |
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 services delivered on or after January 1, 2024 shall |
26 | | include a $2.50 per hour wage increase for all direct support |
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1 | | personnel and all other frontline personnel who are not |
2 | | subject to the Bureau of Labor Statistics' average wage |
3 | | increases and who work in residential and community day |
4 | | services settings. At least $1.25 of the per hour wage |
5 | | increase shall be provided as a direct increase to all aide |
6 | | base wages, and the remaining $1.25 of the per hour wage |
7 | | increase shall be used flexibly for base wage increases to the |
8 | | rate methodology for aides. In addition, for residential |
9 | | services delivered on or after January 1, 2024, the rates |
10 | | shall include an increase sufficient to provide wages for all |
11 | | residential non-executive direct care staff, excluding aides, |
12 | | at the federal Department of Labor, Bureau of Labor |
13 | | Statistics' average wage as determined by the Department. |
14 | | Also, for services delivered on or after January 1, 2024, the |
15 | | rates will include adjustments to employment-related expenses |
16 | | as defined in rule by the Department. The Department shall |
17 | | adopt rules, including emergency rules as authorized by |
18 | | Section 5-45 of the Illinois Administrative Procedure Act, to |
19 | | implement the provisions of this Section. |
20 | | For facilities licensed by the Department of Public Health |
21 | | under the ID/DD Community Care Act as ID/DD facilities and |
22 | | under the MC/DD Act as MC/DD facilities, subject to federal |
23 | | approval of a State Plan Amendment, the rates taking effect |
24 | | for services delivered on or after January 1, 2025 shall |
25 | | include a $1.00 per hour wage increase for all direct support |
26 | | personnel and all other frontline personnel who are not |
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1 | | subject to the Bureau of Labor Statistics' average wage |
2 | | increases and who work in residential and community day |
3 | | services settings, with at least $0.75 of those funds to be |
4 | | provided as a direct increase to all aide base wages and the |
5 | | remaining $0.25 to be used flexibly for base wage increases to |
6 | | the rate methodology for aides. These increases shall not be |
7 | | used by facilities for operational and administrative |
8 | | expenses. In addition, for residential services delivered on |
9 | | or after January 1, 2025, the rates shall include an increase |
10 | | sufficient to provide wages for all residential non-executive |
11 | | direct care staff, excluding aides, at the federal Department |
12 | | of Labor, Bureau of Labor Statistics' average wage as |
13 | | determined by the Department. Also, for services delivered on |
14 | | or after January 1, 2025, the rates will include adjustments |
15 | | to employment-related expenses as defined in rule by the |
16 | | Department. The Department shall adopt rules, including |
17 | | emergency rules as authorized by Section 5-45 of the Illinois |
18 | | Administrative Procedure Act, to implement the provisions of |
19 | | this Section. |
20 | | For facilities licensed by the Department of Public Health |
21 | | under the ID/DD Community Care Act as ID/DD facilities and |
22 | | under the MC/DD Act as MC/DD facilities, subject to federal |
23 | | approval of a State Plan Amendment, the rates taking effect |
24 | | for services delivered on or after January 1, 2026 shall |
25 | | include a $0.80 per hour wage increase for all direct support |
26 | | personnel and all other frontline personnel who are not |
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1 | | subject to the Bureau of Labor Statistics' average wage |
2 | | increases and who work in residential and community day |
3 | | services settings, with at least $0.60 of those funds to be |
4 | | provided as a direct increase to all aide base wages and the |
5 | | remaining $0.20 to be used flexibly for base wage increases to |
6 | | the rate methodology for aides. These increases shall not be |
7 | | used by facilities for operational and administrative |
8 | | expenses. In addition, for residential services delivered on |
9 | | or after January 1, 2026, the rates shall include an increase |
10 | | sufficient to provide wages for all residential non-executive |
11 | | direct care staff, excluding aides, at the federal Department |
12 | | of Labor, Bureau of Labor Statistics' average wage as |
13 | | determined by the Department. Also, for services delivered on |
14 | | or after January 1, 2026, the rates will include adjustments |
15 | | to employment-related expenses as defined in rule by the |
16 | | Department. The Department shall adopt rules, including |
17 | | emergency rules as authorized by Section 5-45 of the Illinois |
18 | | Administrative Procedure Act, to implement the provisions of |
19 | | this Section. |
20 | | Notwithstanding any other provision of this Section to the |
21 | | contrary, any regional wage adjuster for facilities located |
22 | | outside of the counties of Cook, DuPage, Kane, Lake, McHenry, |
23 | | and Will shall be no lower than 1.00, and any regional wage |
24 | | adjuster for facilities located within the counties of Cook, |
25 | | DuPage, Kane, Lake, McHenry, and Will shall be no lower than |
26 | | 1.15. |
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1 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; |
2 | | 103-8, eff. 6-7-23; 103-588, eff. 7-1-24.)
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3 | | Section 10-20. The Illinois Act on the Aging is amended by |
4 | | changing Section 4.02 as follows:
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5 | | (20 ILCS 105/4.02) |
6 | | Sec. 4.02. Community Care Program. The Department shall |
7 | | establish a program of services to prevent unnecessary |
8 | | institutionalization of persons age 60 and older in need of |
9 | | long term care or who are established as persons who suffer |
10 | | from Alzheimer's disease or a related disorder under the |
11 | | Alzheimer's Disease Assistance Act, thereby enabling them to |
12 | | remain in their own homes or in other living arrangements. |
13 | | Such preventive services, which may be coordinated with other |
14 | | programs for the aged, may include, but are not limited to, any |
15 | | or all of the following: |
16 | | (a) (blank); |
17 | | (b) (blank); |
18 | | (c) home care aide services; |
19 | | (d) personal assistant services; |
20 | | (e) adult day services; |
21 | | (f) home-delivered meals; |
22 | | (g) education in self-care; |
23 | | (h) personal care services; |
24 | | (i) adult day health services; |
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1 | | (j) habilitation services; |
2 | | (k) respite care; |
3 | | (k-5) community reintegration services; |
4 | | (k-6) flexible senior services; |
5 | | (k-7) medication management; |
6 | | (k-8) emergency home response; |
7 | | (l) other nonmedical social services that may enable |
8 | | the person to become self-supporting; or |
9 | | (m) (blank). |
10 | | The Department shall establish eligibility standards for |
11 | | such services. In determining the amount and nature of |
12 | | services for which a person may qualify, consideration shall |
13 | | not be given to the value of cash, property, or other assets |
14 | | held in the name of the person's spouse pursuant to a written |
15 | | agreement dividing marital property into equal but separate |
16 | | shares or pursuant to a transfer of the person's interest in a |
17 | | home to his spouse, provided that the spouse's share of the |
18 | | marital property is not made available to the person seeking |
19 | | such services. |
20 | | The Department shall require as a condition of eligibility |
21 | | that all new financially eligible applicants apply for and |
22 | | enroll in medical assistance under Article V of the Illinois |
23 | | Public Aid Code in accordance with rules promulgated by the |
24 | | Department. |
25 | | The Department shall, in conjunction with the Department |
26 | | of Public Aid (now Department of Healthcare and Family |
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1 | | Services), seek appropriate amendments under Sections 1915 and |
2 | | 1924 of the Social Security Act. The purpose of the amendments |
3 | | shall be to extend eligibility for home and community based |
4 | | services under Sections 1915 and 1924 of the Social Security |
5 | | Act to persons who transfer to or for the benefit of a spouse |
6 | | those amounts of income and resources allowed under Section |
7 | | 1924 of the Social Security Act. Subject to the approval of |
8 | | such amendments, the Department shall extend the provisions of |
9 | | Section 5-4 of the Illinois Public Aid Code to persons who, but |
10 | | for the provision of home or community-based services, would |
11 | | require the level of care provided in an institution, as is |
12 | | provided for in federal law. Those persons no longer found to |
13 | | be eligible for receiving noninstitutional services due to |
14 | | changes in the eligibility criteria shall be given 45 days |
15 | | notice prior to actual termination. Those persons receiving |
16 | | notice of termination may contact the Department and request |
17 | | the determination be appealed at any time during the 45 day |
18 | | notice period. The target population identified for the |
19 | | purposes of this Section are persons age 60 and older with an |
20 | | identified service need. Priority shall be given to those who |
21 | | are at imminent risk of institutionalization. The services |
22 | | shall be provided to eligible persons age 60 and older to the |
23 | | extent that the cost of the services together with the other |
24 | | personal maintenance expenses of the persons are reasonably |
25 | | related to the standards established for care in a group |
26 | | facility appropriate to the person's condition. These |
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1 | | noninstitutional non-institutional services, pilot projects, |
2 | | or experimental facilities may be provided as part of or in |
3 | | addition to those authorized by federal law or those funded |
4 | | and administered by the Department of Human Services. The |
5 | | Departments of Human Services, Healthcare and Family Services, |
6 | | Public Health, Veterans' Affairs, and Commerce and Economic |
7 | | Opportunity and other appropriate agencies of State, federal, |
8 | | and local governments shall cooperate with the Department on |
9 | | Aging in the establishment and development of the |
10 | | noninstitutional non-institutional services. The Department |
11 | | shall require an annual audit from all personal assistant and |
12 | | home care aide vendors contracting with the Department under |
13 | | this Section. The annual audit shall assure that each audited |
14 | | vendor's procedures are in compliance with Department's |
15 | | financial reporting guidelines requiring an administrative and |
16 | | employee wage and benefits cost split as defined in |
17 | | administrative rules. The audit is a public record under the |
18 | | Freedom of Information Act. The Department shall execute, |
19 | | relative to the nursing home prescreening project, written |
20 | | inter-agency agreements with the Department of Human Services |
21 | | and the Department of Healthcare and Family Services, to |
22 | | effect the following: (1) intake procedures and common |
23 | | eligibility criteria for those persons who are receiving |
24 | | noninstitutional non-institutional services; and (2) the |
25 | | establishment and development of noninstitutional |
26 | | non-institutional services in areas of the State where they |
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1 | | are not currently available or are undeveloped. On and after |
2 | | July 1, 1996, all nursing home prescreenings for individuals |
3 | | 60 years of age or older shall be conducted by the Department. |
4 | | As part of the Department on Aging's routine training of |
5 | | case managers and case manager supervisors, the Department may |
6 | | include information on family futures planning for persons who |
7 | | are age 60 or older and who are caregivers of their adult |
8 | | children with developmental disabilities. The content of the |
9 | | training shall be at the Department's discretion. |
10 | | The Department is authorized to establish a system of |
11 | | recipient copayment for services provided under this Section, |
12 | | such copayment to be based upon the recipient's ability to pay |
13 | | but in no case to exceed the actual cost of the services |
14 | | provided. Additionally, any portion of a person's income which |
15 | | is equal to or less than the federal poverty standard shall not |
16 | | be considered by the Department in determining the copayment. |
17 | | The level of such copayment shall be adjusted whenever |
18 | | necessary to reflect any change in the officially designated |
19 | | federal poverty standard. |
20 | | The Department, or the Department's authorized |
21 | | representative, may recover the amount of moneys expended for |
22 | | services provided to or in behalf of a person under this |
23 | | Section by a claim against the person's estate or against the |
24 | | estate of the person's surviving spouse, but no recovery may |
25 | | be had until after the death of the surviving spouse, if any, |
26 | | and then only at such time when there is no surviving child who |
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1 | | is under age 21 or blind or who has a permanent and total |
2 | | disability. This paragraph, however, shall not bar recovery, |
3 | | at the death of the person, of moneys for services provided to |
4 | | the person or in behalf of the person under this Section to |
5 | | which the person was not entitled; provided that such recovery |
6 | | shall not be enforced against any real estate while it is |
7 | | occupied as a homestead by the surviving spouse or other |
8 | | dependent, if no claims by other creditors have been filed |
9 | | against the estate, or, if such claims have been filed, they |
10 | | remain dormant for failure of prosecution or failure of the |
11 | | claimant to compel administration of the estate for the |
12 | | purpose of payment. This paragraph shall not bar recovery from |
13 | | the estate of a spouse, under Sections 1915 and 1924 of the |
14 | | Social Security Act and Section 5-4 of the Illinois Public Aid |
15 | | Code, who precedes a person receiving services under this |
16 | | Section in death. All moneys for services paid to or in behalf |
17 | | of the person under this Section shall be claimed for recovery |
18 | | from the deceased spouse's estate. "Homestead", as used in |
19 | | this paragraph, means the dwelling house and contiguous real |
20 | | estate occupied by a surviving spouse or relative, as defined |
21 | | by the rules and regulations of the Department of Healthcare |
22 | | and Family Services, regardless of the value of the property. |
23 | | The Department shall increase the effectiveness of the |
24 | | existing Community Care Program by: |
25 | | (1) ensuring that in-home services included in the |
26 | | care plan are available on evenings and weekends; |
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1 | | (2) ensuring that care plans contain the services that |
2 | | eligible participants need based on the number of days in |
3 | | a month, not limited to specific blocks of time, as |
4 | | identified by the comprehensive assessment tool selected |
5 | | by the Department for use statewide, not to exceed the |
6 | | total monthly service cost maximum allowed for each |
7 | | service; the Department shall develop administrative rules |
8 | | to implement this item (2); |
9 | | (3) ensuring that the participants have the right to |
10 | | choose the services contained in their care plan and to |
11 | | direct how those services are provided, based on |
12 | | administrative rules established by the Department; |
13 | | (4)(blank); |
14 | | (5) ensuring that homemakers can provide personal care |
15 | | services that may or may not involve contact with clients, |
16 | | including, but not limited to: |
17 | | (A) bathing; |
18 | | (B) grooming; |
19 | | (C) toileting; |
20 | | (D) nail care; |
21 | | (E) transferring; |
22 | | (F) respiratory services; |
23 | | (G) exercise; or |
24 | | (H) positioning; |
25 | | (6) ensuring that homemaker program vendors are not |
26 | | restricted from hiring homemakers who are family members |
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1 | | of clients or recommended by clients; the Department may |
2 | | not, by rule or policy, require homemakers who are family |
3 | | members of clients or recommended by clients to accept |
4 | | assignments in homes other than the client; |
5 | | (7) ensuring that the State may access maximum federal |
6 | | matching funds by seeking approval for the Centers for |
7 | | Medicare and Medicaid Services for modifications to the |
8 | | State's home and community based services waiver and |
9 | | additional waiver opportunities, including applying for |
10 | | enrollment in the Balance Incentive Payment Program by May |
11 | | 1, 2013, in order to maximize federal matching funds; this |
12 | | shall include, but not be limited to, modification that |
13 | | reflects all changes in the Community Care Program |
14 | | services and all increases in the services cost maximum; |
15 | | (8) ensuring that the determination of need tool |
16 | | accurately reflects the service needs of individuals with |
17 | | Alzheimer's disease and related dementia disorders; |
18 | | (9) ensuring that services are authorized accurately |
19 | | and consistently for the Community Care Program (CCP); the |
20 | | Department shall implement a Service Authorization policy |
21 | | directive; the purpose shall be to ensure that eligibility |
22 | | and services are authorized accurately and consistently in |
23 | | the CCP program; the policy directive shall clarify |
24 | | service authorization guidelines to Care Coordination |
25 | | Units and Community Care Program providers no later than |
26 | | May 1, 2013; |
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1 | | (10) working in conjunction with Care Coordination |
2 | | Units, the Department of Healthcare and Family Services, |
3 | | the Department of Human Services, Community Care Program |
4 | | providers, and other stakeholders to make improvements to |
5 | | the Medicaid claiming processes and the Medicaid |
6 | | enrollment procedures or requirements as needed, |
7 | | including, but not limited to, specific policy changes or |
8 | | rules to improve the up-front enrollment of participants |
9 | | in the Medicaid program and specific policy changes or |
10 | | rules to insure more prompt submission of bills to the |
11 | | federal government to secure maximum federal matching |
12 | | dollars as promptly as possible; the Department on Aging |
13 | | shall have at least 3 meetings with stakeholders by |
14 | | January 1, 2014 in order to address these improvements; |
15 | | (11) requiring home care service providers to comply |
16 | | with the rounding of hours worked provisions under the |
17 | | federal Fair Labor Standards Act (FLSA) and as set forth |
18 | | in 29 CFR 785.48(b) by May 1, 2013; |
19 | | (12) implementing any necessary policy changes or |
20 | | promulgating any rules, no later than January 1, 2014, to |
21 | | assist the Department of Healthcare and Family Services in |
22 | | moving as many participants as possible, consistent with |
23 | | federal regulations, into coordinated care plans if a care |
24 | | coordination plan that covers long term care is available |
25 | | in the recipient's area; and |
26 | | (13) (blank). |
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1 | | By January 1, 2009 or as soon after the end of the Cash and |
2 | | Counseling Demonstration Project as is practicable, the |
3 | | Department may, based on its evaluation of the demonstration |
4 | | project, promulgate rules concerning personal assistant |
5 | | services, to include, but need not be limited to, |
6 | | qualifications, employment screening, rights under fair labor |
7 | | standards, training, fiduciary agent, and supervision |
8 | | requirements. All applicants shall be subject to the |
9 | | provisions of the Health Care Worker Background Check Act. |
10 | | The Department shall develop procedures to enhance |
11 | | availability of services on evenings, weekends, and on an |
12 | | emergency basis to meet the respite needs of caregivers. |
13 | | Procedures shall be developed to permit the utilization of |
14 | | services in successive blocks of 24 hours up to the monthly |
15 | | maximum established by the Department. Workers providing these |
16 | | services shall be appropriately trained. |
17 | | No September 23, 1991 (Public Act 87-729) person may |
18 | | perform chore/housekeeping and home care aide services under a |
19 | | program authorized by this Section unless that person has been |
20 | | issued a certificate of pre-service to do so by his or her |
21 | | employing agency. Information gathered to effect such |
22 | | certification shall include (i) the person's name, (ii) the |
23 | | date the person was hired by his or her current employer, and |
24 | | (iii) the training, including dates and levels. Persons |
25 | | engaged in the program authorized by this Section before the |
26 | | effective date of this amendatory Act of 1991 shall be issued a |
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1 | | certificate of all pre-service and in-service training from |
2 | | his or her employer upon submitting the necessary information. |
3 | | The employing agency shall be required to retain records of |
4 | | all staff pre-service and in-service training, and shall |
5 | | provide such records to the Department upon request and upon |
6 | | termination of the employer's contract with the Department. In |
7 | | addition, the employing agency is responsible for the issuance |
8 | | of certifications of in-service training completed to their |
9 | | employees. |
10 | | The Department is required to develop a system to ensure |
11 | | that persons working as home care aides and personal |
12 | | assistants receive increases in their wages when the federal |
13 | | minimum wage is increased by requiring vendors to certify that |
14 | | they are meeting the federal minimum wage statute for home |
15 | | care aides and personal assistants. An employer that cannot |
16 | | ensure that the minimum wage increase is being given to home |
17 | | care aides and personal assistants shall be denied any |
18 | | increase in reimbursement costs. |
19 | | The Community Care Program Advisory Committee is created |
20 | | in the Department on Aging. The Director shall appoint |
21 | | individuals to serve in the Committee, who shall serve at |
22 | | their own expense. Members of the Committee must abide by all |
23 | | applicable ethics laws. The Committee shall advise the |
24 | | Department on issues related to the Department's program of |
25 | | services to prevent unnecessary institutionalization. The |
26 | | Committee shall meet on a bi-monthly basis and shall serve to |
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1 | | identify and advise the Department on present and potential |
2 | | issues affecting the service delivery network, the program's |
3 | | clients, and the Department and to recommend solution |
4 | | strategies. Persons appointed to the Committee shall be |
5 | | appointed on, but not limited to, their own and their agency's |
6 | | experience with the program, geographic representation, and |
7 | | willingness to serve. The Director shall appoint members to |
8 | | the Committee to represent provider, advocacy, policy |
9 | | research, and other constituencies committed to the delivery |
10 | | of high quality home and community-based services to older |
11 | | adults. Representatives shall be appointed to ensure |
12 | | representation from community care providers, including, but |
13 | | not limited to, adult day service providers, homemaker |
14 | | providers, case coordination and case management units, |
15 | | emergency home response providers, statewide trade or labor |
16 | | unions that represent home care aides and direct care staff, |
17 | | area agencies on aging, adults over age 60, membership |
18 | | organizations representing older adults, and other |
19 | | organizational entities, providers of care, or individuals |
20 | | with demonstrated interest and expertise in the field of home |
21 | | and community care as determined by the Director. |
22 | | Nominations may be presented from any agency or State |
23 | | association with interest in the program. The Director, or his |
24 | | or her designee, shall serve as the permanent co-chair of the |
25 | | advisory committee. One other co-chair shall be nominated and |
26 | | approved by the members of the committee on an annual basis. |
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1 | | Committee members' terms of appointment shall be for 4 years |
2 | | with one-quarter of the appointees' terms expiring each year. |
3 | | A member shall continue to serve until his or her replacement |
4 | | is named. The Department shall fill vacancies that have a |
5 | | remaining term of over one year, and this replacement shall |
6 | | occur through the annual replacement of expiring terms. The |
7 | | Director shall designate Department staff to provide technical |
8 | | assistance and staff support to the committee. Department |
9 | | representation shall not constitute membership of the |
10 | | committee. All Committee papers, issues, recommendations, |
11 | | reports, and meeting memoranda are advisory only. The |
12 | | Director, or his or her designee, shall make a written report, |
13 | | as requested by the Committee, regarding issues before the |
14 | | Committee. |
15 | | The Department on Aging and the Department of Human |
16 | | Services shall cooperate in the development and submission of |
17 | | an annual report on programs and services provided under this |
18 | | Section. Such joint report shall be filed with the Governor |
19 | | and the General Assembly on or before March 31 of the following |
20 | | fiscal year. |
21 | | The requirement for reporting to the General Assembly |
22 | | shall be satisfied by filing copies of the report as required |
23 | | by Section 3.1 of the General Assembly Organization Act and |
24 | | filing such additional copies with the State Government Report |
25 | | Distribution Center for the General Assembly as is required |
26 | | under paragraph (t) of Section 7 of the State Library Act. |
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1 | | Those persons previously found eligible for receiving |
2 | | noninstitutional non-institutional services whose services |
3 | | were discontinued under the Emergency Budget Act of Fiscal |
4 | | Year 1992, and who do not meet the eligibility standards in |
5 | | effect on or after July 1, 1992, shall remain ineligible on and |
6 | | after July 1, 1992. Those persons previously not required to |
7 | | cost-share and who were required to cost-share effective March |
8 | | 1, 1992, shall continue to meet cost-share requirements on and |
9 | | after July 1, 1992. Beginning July 1, 1992, all clients will be |
10 | | required to meet eligibility, cost-share, and other |
11 | | requirements and will have services discontinued or altered |
12 | | when they fail to meet these requirements. |
13 | | For the purposes of this Section, "flexible senior |
14 | | services" refers to services that require one-time or periodic |
15 | | expenditures, including, but not limited to, respite care, |
16 | | home modification, assistive technology, housing assistance, |
17 | | and transportation. |
18 | | The Department shall implement an electronic service |
19 | | verification based on global positioning systems or other |
20 | | cost-effective technology for the Community Care Program no |
21 | | later than January 1, 2014. |
22 | | The Department shall require, as a condition of |
23 | | eligibility, application for the medical assistance program |
24 | | under Article V of the Illinois Public Aid Code. |
25 | | The Department may authorize Community Care Program |
26 | | services until an applicant is determined eligible for medical |
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1 | | assistance under Article V of the Illinois Public Aid Code. |
2 | | The Department shall continue to provide Community Care |
3 | | Program reports as required by statute, which shall include an |
4 | | annual report on Care Coordination Unit performance and |
5 | | adherence to service guidelines and a 6-month supplemental |
6 | | report. |
7 | | In regard to community care providers, failure to comply |
8 | | with Department on Aging policies shall be cause for |
9 | | disciplinary action, including, but not limited to, |
10 | | disqualification from serving Community Care Program clients. |
11 | | Each provider, upon submission of any bill or invoice to the |
12 | | Department for payment for services rendered, shall include a |
13 | | notarized statement, under penalty of perjury pursuant to |
14 | | Section 1-109 of the Code of Civil Procedure, that the |
15 | | provider has complied with all Department policies. |
16 | | The Director of the Department on Aging shall make |
17 | | information available to the State Board of Elections as may |
18 | | be required by an agreement the State Board of Elections has |
19 | | entered into with a multi-state voter registration list |
20 | | maintenance system. |
21 | | The Department shall pay an enhanced rate of at least |
22 | | $1.77 per unit under the Community Care Program to those |
23 | | in-home service provider agencies that offer health insurance |
24 | | coverage as a benefit to their direct service worker employees |
25 | | pursuant to rules adopted by the Department. The Department |
26 | | shall review the enhanced rate as part of its process to rebase |
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1 | | in-home service provider reimbursement rates pursuant to |
2 | | federal waiver requirements. Subject to federal approval, |
3 | | beginning on January 1, 2024, rates for adult day services |
4 | | shall be increased to $16.84 per hour and rates for each way |
5 | | transportation services for adult day services shall be |
6 | | increased to $12.44 per unit transportation. |
7 | | Subject to federal approval, on and after January 1, 2024, |
8 | | rates for homemaker services shall be increased to $28.07 to |
9 | | sustain a minimum wage of $17 per hour for direct service |
10 | | workers. Rates in subsequent State fiscal years shall be no |
11 | | lower than the rates put into effect upon federal approval. |
12 | | Providers of in-home services shall be required to certify to |
13 | | the Department that they remain in compliance with the |
14 | | mandated wage increase for direct service workers. Fringe |
15 | | benefits, including, but not limited to, paid time off and |
16 | | payment for training, health insurance, travel, or |
17 | | transportation, shall not be reduced in relation to the rate |
18 | | increases described in this paragraph. |
19 | | Subject to and upon federal approval, on and after January |
20 | | 1, 2025, rates for homemaker services shall be increased to |
21 | | $29.63 to sustain a minimum wage of $18 per hour for direct |
22 | | service workers. Rates in subsequent State fiscal years shall |
23 | | be no lower than the rates put into effect upon federal |
24 | | approval. Providers of in-home services shall be required to |
25 | | certify to the Department that they remain in compliance with |
26 | | the mandated wage increase for direct service workers. Fringe |
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1 | | benefits, including, but not limited to, paid time off and |
2 | | payment for training, health insurance, travel, or |
3 | | transportation, shall not be reduced in relation to the rate |
4 | | increases described in this paragraph. |
5 | | Subject to and upon federal approval, on and after January |
6 | | 1, 2026, rates for homemaker services shall be increased to |
7 | | $30.80 to sustain a minimum wage of $18.75 per hour for direct |
8 | | service workers. Rates in subsequent State fiscal years shall |
9 | | be no lower than the rates put into effect upon federal |
10 | | approval. Providers of in-home services shall be required to |
11 | | certify to the Department that they remain in compliance with |
12 | | the mandated wage increase for direct service workers. Fringe |
13 | | benefits, including, but not limited to, paid time off and |
14 | | payment for training, health insurance, travel, or |
15 | | transportation, shall not be reduced in relation to the rate |
16 | | increases described in this paragraph. |
17 | | The General Assembly finds it necessary to authorize an |
18 | | aggressive Medicaid enrollment initiative designed to maximize |
19 | | federal Medicaid funding for the Community Care Program which |
20 | | produces significant savings for the State of Illinois. The |
21 | | Department on Aging shall establish and implement a Community |
22 | | Care Program Medicaid Initiative. Under the Initiative, the |
23 | | Department on Aging shall, at a minimum: (i) provide an |
24 | | enhanced rate to adequately compensate care coordination units |
25 | | to enroll eligible Community Care Program clients into |
26 | | Medicaid; (ii) use recommendations from a stakeholder |
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1 | | committee on how best to implement the Initiative; and (iii) |
2 | | establish requirements for State agencies to make enrollment |
3 | | in the State's Medical Assistance program easier for seniors. |
4 | | The Community Care Program Medicaid Enrollment Oversight |
5 | | Subcommittee is created as a subcommittee of the Older Adult |
6 | | Services Advisory Committee established in Section 35 of the |
7 | | Older Adult Services Act to make recommendations on how best |
8 | | to increase the number of medical assistance recipients who |
9 | | are enrolled in the Community Care Program. The Subcommittee |
10 | | shall consist of all of the following persons who must be |
11 | | appointed within 30 days after June 4, 2018 (the effective |
12 | | date of Public Act 100-587): |
13 | | (1) The Director of Aging, or his or her designee, who |
14 | | shall serve as the chairperson of the Subcommittee. |
15 | | (2) One representative of the Department of Healthcare |
16 | | and Family Services, appointed by the Director of |
17 | | Healthcare and Family Services. |
18 | | (3) One representative of the Department of Human |
19 | | Services, appointed by the Secretary of Human Services. |
20 | | (4) One individual representing a care coordination |
21 | | unit, appointed by the Director of Aging. |
22 | | (5) One individual from a non-governmental statewide |
23 | | organization that advocates for seniors, appointed by the |
24 | | Director of Aging. |
25 | | (6) One individual representing Area Agencies on |
26 | | Aging, appointed by the Director of Aging. |
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1 | | (7) One individual from a statewide association |
2 | | dedicated to Alzheimer's care, support, and research, |
3 | | appointed by the Director of Aging. |
4 | | (8) One individual from an organization that employs |
5 | | persons who provide services under the Community Care |
6 | | Program, appointed by the Director of Aging. |
7 | | (9) One member of a trade or labor union representing |
8 | | persons who provide services under the Community Care |
9 | | Program, appointed by the Director of Aging. |
10 | | (10) One member of the Senate, who shall serve as |
11 | | co-chairperson, appointed by the President of the Senate. |
12 | | (11) One member of the Senate, who shall serve as |
13 | | co-chairperson, appointed by the Minority Leader of the |
14 | | Senate. |
15 | | (12) One member of the House of Representatives, who |
16 | | shall serve as co-chairperson, appointed by the Speaker of |
17 | | the House of Representatives. |
18 | | (13) One member of the House of Representatives, who |
19 | | shall serve as co-chairperson, appointed by the Minority |
20 | | Leader of the House of Representatives. |
21 | | (14) One individual appointed by a labor organization |
22 | | representing frontline employees at the Department of |
23 | | Human Services. |
24 | | The Subcommittee shall provide oversight to the Community |
25 | | Care Program Medicaid Initiative and shall meet quarterly. At |
26 | | each Subcommittee meeting the Department on Aging shall |
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1 | | provide the following data sets to the Subcommittee: (A) the |
2 | | number of Illinois residents, categorized by planning and |
3 | | service area, who are receiving services under the Community |
4 | | Care Program and are enrolled in the State's Medical |
5 | | Assistance Program; (B) the number of Illinois residents, |
6 | | categorized by planning and service area, who are receiving |
7 | | services under the Community Care Program, but are not |
8 | | enrolled in the State's Medical Assistance Program; and (C) |
9 | | the number of Illinois residents, categorized by planning and |
10 | | service area, who are receiving services under the Community |
11 | | Care Program and are eligible for benefits under the State's |
12 | | Medical Assistance Program, but are not enrolled in the |
13 | | State's Medical Assistance Program. In addition to this data, |
14 | | the Department on Aging shall provide the Subcommittee with |
15 | | plans on how the Department on Aging will reduce the number of |
16 | | Illinois residents who are not enrolled in the State's Medical |
17 | | Assistance Program but who are eligible for medical assistance |
18 | | benefits. The Department on Aging shall enroll in the State's |
19 | | Medical Assistance Program those Illinois residents who |
20 | | receive services under the Community Care Program and are |
21 | | eligible for medical assistance benefits but are not enrolled |
22 | | in the State's Medicaid Assistance Program. The data provided |
23 | | to the Subcommittee shall be made available to the public via |
24 | | the Department on Aging's website. |
25 | | The Department on Aging, with the involvement of the |
26 | | Subcommittee, shall collaborate with the Department of Human |
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1 | | Services and the Department of Healthcare and Family Services |
2 | | on how best to achieve the responsibilities of the Community |
3 | | Care Program Medicaid Initiative. |
4 | | The Department on Aging, the Department of Human Services, |
5 | | and the Department of Healthcare and Family Services shall |
6 | | coordinate and implement a streamlined process for seniors to |
7 | | access benefits under the State's Medical Assistance Program. |
8 | | The Subcommittee shall collaborate with the Department of |
9 | | Human Services on the adoption of a uniform application |
10 | | submission process. The Department of Human Services and any |
11 | | other State agency involved with processing the medical |
12 | | assistance application of any person enrolled in the Community |
13 | | Care Program shall include the appropriate care coordination |
14 | | unit in all communications related to the determination or |
15 | | status of the application. |
16 | | The Community Care Program Medicaid Initiative shall |
17 | | provide targeted funding to care coordination units to help |
18 | | seniors complete their applications for medical assistance |
19 | | benefits. On and after July 1, 2019, care coordination units |
20 | | shall receive no less than $200 per completed application, |
21 | | which rate may be included in a bundled rate for initial intake |
22 | | services when Medicaid application assistance is provided in |
23 | | conjunction with the initial intake process for new program |
24 | | participants. |
25 | | The Community Care Program Medicaid Initiative shall cease |
26 | | operation 5 years after June 4, 2018 (the effective date of |
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1 | | Public Act 100-587), after which the Subcommittee shall |
2 | | dissolve. |
3 | | Effective July 1, 2023, subject to federal approval, the |
4 | | Department on Aging shall reimburse Care Coordination Units at |
5 | | the following rates for case management services: $252.40 for |
6 | | each initial assessment; $366.40 for each initial assessment |
7 | | with translation; $229.68 for each redetermination assessment; |
8 | | $313.68 for each redetermination assessment with translation; |
9 | | $200.00 for each completed application for medical assistance |
10 | | benefits; $132.26 for each face-to-face, choices-for-care |
11 | | screening; $168.26 for each face-to-face, choices-for-care |
12 | | screening with translation; $124.56 for each 6-month, |
13 | | face-to-face visit; $132.00 for each MCO participant |
14 | | eligibility determination; and $157.00 for each MCO |
15 | | participant eligibility determination with translation. |
16 | | (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; |
17 | | 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102, |
18 | | Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90, |
19 | | Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff. |
20 | | 7-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)
|
21 | | Section 10-25. The Juvenile Court Act of 1987 is amended |
22 | | by changing Section 2-28 as follows:
|
23 | | (705 ILCS 405/2-28) |
24 | | Sec. 2-28. Court review. |
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1 | | (1) The court may require any legal custodian or guardian |
2 | | of the person appointed under this Act to report periodically |
3 | | to the court or may cite the legal custodian or guardian into |
4 | | court and require the legal custodian, guardian, or the legal |
5 | | custodian's or guardian's agency to make a full and accurate |
6 | | report of the doings of the legal custodian, guardian, or |
7 | | agency on behalf of the minor. The custodian or guardian, |
8 | | within 10 days after such citation, or earlier if the court |
9 | | determines it to be necessary to protect the health, safety, |
10 | | or welfare of the minor, shall make the report, either in |
11 | | writing verified by affidavit or orally under oath in open |
12 | | court, or otherwise as the court directs. Upon the hearing of |
13 | | the report the court may remove the custodian or guardian and |
14 | | appoint another in the custodian's or guardian's stead or |
15 | | restore the minor to the custody of the minor's parents or |
16 | | former guardian or custodian. However, custody of the minor |
17 | | shall not be restored to any parent, guardian, or legal |
18 | | custodian in any case in which the minor is found to be |
19 | | neglected or abused under Section 2-3 or dependent under |
20 | | Section 2-4 of this Act, unless the minor can be cared for at |
21 | | home without endangering the minor's health or safety and it |
22 | | is in the best interests of the minor, and if such neglect, |
23 | | abuse, or dependency is found by the court under paragraph (1) |
24 | | of Section 2-21 of this Act to have come about due to the acts |
25 | | or omissions or both of such parent, guardian, or legal |
26 | | custodian, until such time as an investigation is made as |
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1 | | provided in paragraph (5) and a hearing is held on the issue of |
2 | | the fitness of such parent, guardian, or legal custodian to |
3 | | care for the minor and the court enters an order that such |
4 | | parent, guardian, or legal custodian is fit to care for the |
5 | | minor. |
6 | | (1.5) The public agency that is the custodian or guardian |
7 | | of the minor shall file a written report with the court no |
8 | | later than 15 days after a minor in the agency's care remains: |
9 | | (1) in a shelter placement beyond 30 days; |
10 | | (2) in a psychiatric hospital past the time when the |
11 | | minor is clinically ready for discharge or beyond medical |
12 | | necessity for the minor's health; or |
13 | | (3) in a detention center or Department of Juvenile |
14 | | Justice facility solely because the public agency cannot |
15 | | find an appropriate placement for the minor. |
16 | | The report shall explain the steps the agency is taking to |
17 | | ensure the minor is placed appropriately, how the minor's |
18 | | needs are being met in the minor's shelter placement, and if a |
19 | | future placement has been identified by the Department, why |
20 | | the anticipated placement is appropriate for the needs of the |
21 | | minor and the anticipated placement date. |
22 | | (1.6) Within 30 days after placing a child in its care in a |
23 | | qualified residential treatment program, as defined by the |
24 | | federal Social Security Act, the Department of Children and |
25 | | Family Services shall prepare a written report for filing with |
26 | | the court and send copies of the report to all parties. Within |
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1 | | 20 days of the filing of the report, or as soon thereafter as |
2 | | the court's schedule allows but not more than 60 days from the |
3 | | date of placement, the court shall hold a hearing to consider |
4 | | the Department's report and determine whether placement of the |
5 | | child in a qualified residential treatment program provides |
6 | | the most effective and appropriate level of care for the child |
7 | | in the least restrictive environment and if the placement is |
8 | | consistent with the short-term and long-term goals for the |
9 | | child, as specified in the permanency plan for the child. The |
10 | | court shall approve or disapprove the placement. If |
11 | | applicable, the requirements of Sections 2-27.1 and 2-27.2 |
12 | | must also be met. The Department's written report and the |
13 | | court's written determination shall be included in and made |
14 | | part of the case plan for the child. If the child remains |
15 | | placed in a qualified residential treatment program, the |
16 | | Department shall submit evidence at each status and permanency |
17 | | hearing: |
18 | | (A) demonstrating that on-going assessment of the |
19 | | strengths and needs of the child continues to support the |
20 | | determination that the child's needs cannot be met through |
21 | | placement in a foster family home, that the placement |
22 | | provides the most effective and appropriate level of care |
23 | | for the child in the least restrictive, appropriate |
24 | | environment, and that the placement is consistent with the |
25 | | short-term and long-term permanency goal for the child, as |
26 | | specified in the permanency plan for the child; |
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1 | | (B) documenting the specific treatment or service |
2 | | needs that should be met for the child in the placement and |
3 | | the length of time the child is expected to need the |
4 | | treatment or services; |
5 | | (C) the efforts made by the agency to prepare the |
6 | | child to return home or to be placed with a fit and willing |
7 | | relative, a legal guardian, or an adoptive parent, or in a |
8 | | foster family home; and |
9 | | (D) beginning July 1, 2025, documenting the |
10 | | Department's efforts regarding ongoing family finding and |
11 | | relative engagement required under Section 2-27.3. |
12 | | (2) The first permanency hearing shall be conducted by the |
13 | | judge. Subsequent permanency hearings may be heard by a judge |
14 | | or by hearing officers appointed or approved by the court in |
15 | | the manner set forth in Section 2-28.1 of this Act. The initial |
16 | | hearing shall be held (a) within 12 months from the date |
17 | | temporary custody was taken, regardless of whether an |
18 | | adjudication or dispositional hearing has been completed |
19 | | within that time frame, (b) if the parental rights of both |
20 | | parents have been terminated in accordance with the procedure |
21 | | described in subsection (5) of Section 2-21, within 30 days of |
22 | | the order for termination of parental rights and appointment |
23 | | of a guardian with power to consent to adoption, or (c) in |
24 | | accordance with subsection (2) of Section 2-13.1. Subsequent |
25 | | permanency hearings shall be held every 6 months or more |
26 | | frequently if necessary in the court's determination following |
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1 | | the initial permanency hearing, in accordance with the |
2 | | standards set forth in this Section, until the court |
3 | | determines that the plan and goal have been achieved. Once the |
4 | | plan and goal have been achieved, if the minor remains in |
5 | | substitute care, the case shall be reviewed at least every 6 |
6 | | months thereafter, subject to the provisions of this Section, |
7 | | unless the minor is placed in the guardianship of a suitable |
8 | | relative or other person and the court determines that further |
9 | | monitoring by the court does not further the health, safety, |
10 | | or best interest of the child and that this is a stable |
11 | | permanent placement. The permanency hearings must occur within |
12 | | the time frames set forth in this subsection and may not be |
13 | | delayed in anticipation of a report from any source or due to |
14 | | the agency's failure to timely file its written report (this |
15 | | written report means the one required under the next paragraph |
16 | | and does not mean the service plan also referred to in that |
17 | | paragraph). |
18 | | The public agency that is the custodian or guardian of the |
19 | | minor, or another agency responsible for the minor's care, |
20 | | shall ensure that all parties to the permanency hearings are |
21 | | provided a copy of the most recent service plan prepared |
22 | | within the prior 6 months at least 14 days in advance of the |
23 | | hearing. If not contained in the agency's service plan, the |
24 | | agency shall also include a report setting forth the |
25 | | following: |
26 | | (A) any special physical, psychological, educational, |
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1 | | medical, emotional, or other needs of the minor or the |
2 | | minor's family that are relevant to a permanency or |
3 | | placement determination, and for any minor age 16 or over, |
4 | | a written description of the programs and services that |
5 | | will enable the minor to prepare for independent living; |
6 | | (B) beginning July 1, 2025, a written description of |
7 | | ongoing family finding and relative engagement efforts in |
8 | | accordance with the requirements under Section 2-27.3 the |
9 | | agency has undertaken since the most recent report to the |
10 | | court to plan for the emotional and legal permanency of |
11 | | the minor; |
12 | | (C) whether a minor is placed in a licensed child care |
13 | | facility under a corrective plan by the Department due to |
14 | | concerns impacting the minor's safety and well-being. The |
15 | | report shall explain the steps the Department is taking to |
16 | | ensure the safety and well-being of the minor and that the |
17 | | minor's needs are met in the facility; |
18 | | (D) detail regarding what progress or lack of progress |
19 | | the parent has made in correcting the conditions requiring |
20 | | the child to be in care; whether the child can be returned |
21 | | home without jeopardizing the child's health, safety, and |
22 | | welfare, what permanency goal is recommended to be in the |
23 | | best interests of the child, and the reasons for the |
24 | | recommendation. If a permanency goal under paragraph (A), |
25 | | (B), or (B-1) of subsection (2.3) have been deemed |
26 | | inappropriate and not in the minor's best interest, the |
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1 | | report must include the following information: |
2 | | (i) confirmation that the caseworker has discussed |
3 | | the permanency options and subsidies available for |
4 | | guardianship and adoption with the minor's caregivers, |
5 | | the minor's parents, as appropriate, and has discussed |
6 | | the available permanency options with the minor in an |
7 | | age-appropriate manner; |
8 | | (ii) confirmation that the caseworker has |
9 | | discussed with the minor's caregivers, the minor's |
10 | | parents, as appropriate, and the minor as |
11 | | age-appropriate, the distinctions between guardianship |
12 | | and adoption, including, but not limited to, that |
13 | | guardianship does not require termination of the |
14 | | parent's rights or the consent of the parent; |
15 | | (iii) a description of the stated preferences and |
16 | | concerns, if any, the minor, the parent as |
17 | | appropriate, and the caregiver expressed relating to |
18 | | the options of guardianship and adoption, and the |
19 | | reasons for the preferences; |
20 | | (iv) if the minor is not currently in a placement |
21 | | that will provide permanency, identification of all |
22 | | persons presently willing and able to provide |
23 | | permanency to the minor through either guardianship or |
24 | | adoption, and beginning July 1, 2025, if none are |
25 | | available, a description of the efforts made in |
26 | | accordance with Section 2-27.3; and |
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1 | | (v) state the recommended permanency goal, why |
2 | | that goal is recommended, and why the other potential |
3 | | goals were not recommended. |
4 | | The caseworker must appear and testify at the permanency |
5 | | hearing. If a permanency hearing has not previously been |
6 | | scheduled by the court, the moving party shall move for the |
7 | | setting of a permanency hearing and the entry of an order |
8 | | within the time frames set forth in this subsection. |
9 | | (2.3) At the permanency hearing, the court shall determine |
10 | | the permanency goal of the child. The court shall set one of |
11 | | the following permanency goals: |
12 | | (A) The minor will be returned home by a specific date |
13 | | within 5 months. |
14 | | (B) The minor will be in short-term care with a |
15 | | continued goal to return home within a period not to |
16 | | exceed one year, where the progress of the parent or |
17 | | parents is substantial giving particular consideration to |
18 | | the age and individual needs of the minor. |
19 | | (B-1) The minor will be in short-term care with a |
20 | | continued goal to return home pending a status hearing. |
21 | | When the court finds that a parent has not made reasonable |
22 | | efforts or reasonable progress to date, the court shall |
23 | | identify what actions the parent and the Department must |
24 | | take in order to justify a finding of reasonable efforts |
25 | | or reasonable progress and shall set a status hearing to |
26 | | be held not earlier than 9 months from the date of |
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1 | | adjudication nor later than 11 months from the date of |
2 | | adjudication during which the parent's progress will again |
3 | | be reviewed. |
4 | | If the court has determined that goals (A), (B), and |
5 | | (B-1) are not appropriate and not in the minor's best |
6 | | interest, the court may select one of the following goals: |
7 | | (C), (D), (E), (F), or (G) , or (H) for the minor as |
8 | | appropriate and based on the best interests of the minor. |
9 | | The court shall determine the appropriate goal for the |
10 | | minor based on best interest factors and any |
11 | | considerations outlined in that goal. |
12 | | (C) The guardianship of the minor shall be transferred |
13 | | to an individual or couple on a permanent basis. Prior to |
14 | | changing the goal to guardianship, the court shall |
15 | | consider the following: |
16 | | (i) whether the agency has discussed adoption and |
17 | | guardianship with the caregiver and what preference, |
18 | | if any, the caregiver has as to the permanency goal; |
19 | | (ii) whether the agency has discussed adoption and |
20 | | guardianship with the minor, as age-appropriate, and |
21 | | what preference, if any, the minor has as to the |
22 | | permanency goal; |
23 | | (iii) whether the minor is of sufficient age to |
24 | | remember the minor's parents and if the child values |
25 | | this familial identity; |
26 | | (iv) whether the minor is placed with a relative, |
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1 | | and beginning July 1, 2025, whether the minor is |
2 | | placed in a relative home as defined in Section 4d of |
3 | | the Children and Family Services Act or in a certified |
4 | | relative caregiver home as defined in Section 2.36 of |
5 | | the Child Care Act of 1969; and |
6 | | (v) whether the parent or parents have been |
7 | | informed about guardianship and adoption, and, if |
8 | | appropriate, what preferences, if any, the parent or |
9 | | parents have as to the permanency goal. |
10 | | (D) The minor will be in substitute care pending court |
11 | | determination on termination of parental rights. Prior to |
12 | | changing the goal to substitute care pending court |
13 | | determination on termination of parental rights, the court |
14 | | shall consider the following: |
15 | | (i) whether the agency has discussed adoption and |
16 | | guardianship with the caregiver and what preference, |
17 | | if any, the caregiver has as to the permanency goal; |
18 | | (ii) whether the agency has discussed adoption and |
19 | | guardianship with the minor, as age-appropriate, and |
20 | | what preference, if any, the minor has as to the |
21 | | permanency goal; |
22 | | (iii) whether the minor is of sufficient age to |
23 | | remember the minor's parents and if the child values |
24 | | this familial identity; |
25 | | (iv) whether the minor is placed with a relative, |
26 | | and beginning July 1, 2025, whether the minor is |
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1 | | placed in a relative home as defined in Section 4d of |
2 | | the Children and Family Services Act, in a certified |
3 | | relative caregiver home as defined in Section 2.36 of |
4 | | the Child Care Act of 1969; |
5 | | (v) whether the minor is already placed in a |
6 | | pre-adoptive home, and if not, whether such a home has |
7 | | been identified; and |
8 | | (vi) whether the parent or parents have been |
9 | | informed about guardianship and adoption, and, if |
10 | | appropriate, what preferences, if any, the parent or |
11 | | parents have as to the permanency goal. |
12 | | (E) Adoption, provided that parental rights have been |
13 | | terminated or relinquished. |
14 | | (F) Provided that permanency goals (A) through (E) |
15 | | have been deemed inappropriate and not in the minor's best |
16 | | interests, the minor over age 15 will be in substitute |
17 | | care pending independence. In selecting this permanency |
18 | | goal, the Department of Children and Family Services may |
19 | | provide services to enable reunification and to strengthen |
20 | | the minor's connections with family, fictive kin, and |
21 | | other responsible adults, provided the services are in the |
22 | | minor's best interest. The services shall be documented in |
23 | | the service plan. |
24 | | (G) The minor will be in substitute care because the |
25 | | minor cannot be provided for in a home environment due to |
26 | | developmental disabilities or mental illness or because |
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1 | | the minor is a danger to self or others, provided that |
2 | | goals (A) through (E) have been deemed inappropriate and |
3 | | not in the child's best interests. |
4 | | In selecting any permanency goal, the court shall indicate |
5 | | in writing the reasons the goal was selected and why the |
6 | | preceding goals were deemed inappropriate and not in the |
7 | | child's best interest. Where the court has selected a |
8 | | permanency goal other than (A), (B), or (B-1), the Department |
9 | | of Children and Family Services shall not provide further |
10 | | reunification services, except as provided in paragraph (F) of |
11 | | this subsection (2.3), but shall provide services consistent |
12 | | with the goal selected. |
13 | | (H) Notwithstanding any other provision in this |
14 | | Section, the court may select the goal of continuing |
15 | | foster care as a permanency goal if: |
16 | | (1) The Department of Children and Family Services |
17 | | has custody and guardianship of the minor; |
18 | | (2) The court has deemed all other permanency |
19 | | goals inappropriate based on the child's best |
20 | | interest; |
21 | | (3) The court has found compelling reasons, based |
22 | | on written documentation reviewed by the court, to |
23 | | place the minor in continuing foster care. Compelling |
24 | | reasons include: |
25 | | (a) the child does not wish to be adopted or to |
26 | | be placed in the guardianship of the minor's |
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1 | | relative, certified relative caregiver, or foster |
2 | | care placement; |
3 | | (b) the child exhibits an extreme level of |
4 | | need such that the removal of the child from the |
5 | | minor's placement would be detrimental to the |
6 | | child; or |
7 | | (c) the child who is the subject of the |
8 | | permanency hearing has existing close and strong |
9 | | bonds with a sibling, and achievement of another |
10 | | permanency goal would substantially interfere with |
11 | | the subject child's sibling relationship, taking |
12 | | into consideration the nature and extent of the |
13 | | relationship, and whether ongoing contact is in |
14 | | the subject child's best interest, including |
15 | | long-term emotional interest, as compared with the |
16 | | legal and emotional benefit of permanence; |
17 | | (4) The child has lived with the relative, |
18 | | certified relative caregiver, or foster parent for at |
19 | | least one year; and |
20 | | (5) The relative, certified relative caregiver, or |
21 | | foster parent currently caring for the child is |
22 | | willing and capable of providing the child with a |
23 | | stable and permanent environment. |
24 | | (2.4) The court shall set a permanency goal that is in the |
25 | | best interest of the child. In determining that goal, the |
26 | | court shall consult with the minor in an age-appropriate |
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1 | | manner regarding the proposed permanency or transition plan |
2 | | for the minor. The court's determination shall include the |
3 | | following factors: |
4 | | (A) Age of the child. |
5 | | (B) Options available for permanence, including both |
6 | | out-of-state and in-state placement options. |
7 | | (C) Current placement of the child and the intent of |
8 | | the family regarding subsidized guardianship and adoption. |
9 | | (D) Emotional, physical, and mental status or |
10 | | condition of the child. |
11 | | (E) Types of services previously offered and whether |
12 | | or not the services were successful and, if not |
13 | | successful, the reasons the services failed. |
14 | | (F) Availability of services currently needed and |
15 | | whether the services exist. |
16 | | (G) Status of siblings of the minor. |
17 | | (H) If the minor is not currently in a placement |
18 | | likely to achieve permanency, whether there is an |
19 | | identified and willing potential permanent caregiver for |
20 | | the minor, and if so, that potential permanent caregiver's |
21 | | intent regarding guardianship and adoption. |
22 | | The court shall consider (i) the permanency goal contained |
23 | | in the service plan, (ii) the appropriateness of the services |
24 | | contained in the plan and whether those services have been |
25 | | provided, (iii) whether reasonable efforts have been made by |
26 | | all the parties to the service plan to achieve the goal, and |
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1 | | (iv) whether the plan and goal have been achieved. All |
2 | | evidence relevant to determining these questions, including |
3 | | oral and written reports, may be admitted and may be relied on |
4 | | to the extent of their probative value. |
5 | | The court shall make findings as to whether, in violation |
6 | | of Section 8.2 of the Abused and Neglected Child Reporting |
7 | | Act, any portion of the service plan compels a child or parent |
8 | | to engage in any activity or refrain from any activity that is |
9 | | not reasonably related to remedying a condition or conditions |
10 | | that gave rise or which could give rise to any finding of child |
11 | | abuse or neglect. The services contained in the service plan |
12 | | shall include services reasonably related to remedy the |
13 | | conditions that gave rise to removal of the child from the home |
14 | | of the child's parents, guardian, or legal custodian or that |
15 | | the court has found must be remedied prior to returning the |
16 | | child home. Any tasks the court requires of the parents, |
17 | | guardian, or legal custodian or child prior to returning the |
18 | | child home must be reasonably related to remedying a condition |
19 | | or conditions that gave rise to or which could give rise to any |
20 | | finding of child abuse or neglect. |
21 | | If the permanency goal is to return home, the court shall |
22 | | make findings that identify any problems that are causing |
23 | | continued placement of the children away from the home and |
24 | | identify what outcomes would be considered a resolution to |
25 | | these problems. The court shall explain to the parents that |
26 | | these findings are based on the information that the court has |
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1 | | at that time and may be revised, should additional evidence be |
2 | | presented to the court. |
3 | | The court shall review the Sibling Contact Support Plan |
4 | | developed or modified under subsection (f) of Section 7.4 of |
5 | | the Children and Family Services Act, if applicable. If the |
6 | | Department has not convened a meeting to develop or modify a |
7 | | Sibling Contact Support Plan, or if the court finds that the |
8 | | existing Plan is not in the child's best interest, the court |
9 | | may enter an order requiring the Department to develop, |
10 | | modify, or implement a Sibling Contact Support Plan, or order |
11 | | mediation. |
12 | | Beginning July 1, 2025, the court shall review the Ongoing |
13 | | Family Finding and Relative Engagement Plan required under |
14 | | Section 2-27.3. If the court finds that the plan is not in the |
15 | | minor's best interest, the court shall enter specific factual |
16 | | findings and order the Department to modify the plan |
17 | | consistent with the court's findings. |
18 | | If the goal has been achieved, the court shall enter |
19 | | orders that are necessary to conform the minor's legal custody |
20 | | and status to those findings. |
21 | | If, after receiving evidence, the court determines that |
22 | | the services contained in the plan are not reasonably |
23 | | calculated to facilitate achievement of the permanency goal, |
24 | | the court shall put in writing the factual basis supporting |
25 | | the determination and enter specific findings based on the |
26 | | evidence. The court also shall enter an order for the |
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1 | | Department to develop and implement a new service plan or to |
2 | | implement changes to the current service plan consistent with |
3 | | the court's findings. The new service plan shall be filed with |
4 | | the court and served on all parties within 45 days of the date |
5 | | of the order. The court shall continue the matter until the new |
6 | | service plan is filed. Except as authorized by subsection |
7 | | (2.5) of this Section and as otherwise specifically authorized |
8 | | by law, the court is not empowered under this Section to order |
9 | | specific placements, specific services, or specific service |
10 | | providers to be included in the service plan. |
11 | | A guardian or custodian appointed by the court pursuant to |
12 | | this Act shall file updated case plans with the court every 6 |
13 | | months. |
14 | | Rights of wards of the court under this Act are |
15 | | enforceable against any public agency by complaints for relief |
16 | | by mandamus filed in any proceedings brought under this Act. |
17 | | (2.5) If, after reviewing the evidence, including evidence |
18 | | from the Department, the court determines that the minor's |
19 | | current or planned placement is not necessary or appropriate |
20 | | to facilitate achievement of the permanency goal, the court |
21 | | shall put in writing the factual basis supporting its |
22 | | determination and enter specific findings based on the |
23 | | evidence. If the court finds that the minor's current or |
24 | | planned placement is not necessary or appropriate, the court |
25 | | may enter an order directing the Department to implement a |
26 | | recommendation by the minor's treating clinician or a |
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1 | | clinician contracted by the Department to evaluate the minor |
2 | | or a recommendation made by the Department. If the Department |
3 | | places a minor in a placement under an order entered under this |
4 | | subsection (2.5), the Department has the authority to remove |
5 | | the minor from that placement when a change in circumstances |
6 | | necessitates the removal to protect the minor's health, |
7 | | safety, and best interest. If the Department determines |
8 | | removal is necessary, the Department shall notify the parties |
9 | | of the planned placement change in writing no later than 10 |
10 | | days prior to the implementation of its determination unless |
11 | | remaining in the placement poses an imminent risk of harm to |
12 | | the minor, in which case the Department shall notify the |
13 | | parties of the placement change in writing immediately |
14 | | following the implementation of its decision. The Department |
15 | | shall notify others of the decision to change the minor's |
16 | | placement as required by Department rule. |
17 | | (3) Following the permanency hearing, the court shall |
18 | | enter a written order that includes the determinations |
19 | | required under subsections (2) and (2.3) of this Section and |
20 | | sets forth the following: |
21 | | (a) The future status of the minor, including the |
22 | | permanency goal, and any order necessary to conform the |
23 | | minor's legal custody and status to such determination; or |
24 | | (b) If the permanency goal of the minor cannot be |
25 | | achieved immediately, the specific reasons for continuing |
26 | | the minor in the care of the Department of Children and |
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1 | | Family Services or other agency for short-term placement, |
2 | | and the following determinations: |
3 | | (i) (Blank). |
4 | | (ii) Whether the services required by the court |
5 | | and by any service plan prepared within the prior 6 |
6 | | months have been provided and (A) if so, whether the |
7 | | services were reasonably calculated to facilitate the |
8 | | achievement of the permanency goal or (B) if not |
9 | | provided, why the services were not provided. |
10 | | (iii) Whether the minor's current or planned |
11 | | placement is necessary, and appropriate to the plan |
12 | | and goal, recognizing the right of minors to the least |
13 | | restrictive (most family-like) setting available and |
14 | | in close proximity to the parents' home consistent |
15 | | with the health, safety, best interest, and special |
16 | | needs of the minor and, if the minor is placed |
17 | | out-of-state, whether the out-of-state placement |
18 | | continues to be appropriate and consistent with the |
19 | | health, safety, and best interest of the minor. |
20 | | (iv) (Blank). |
21 | | (v) (Blank). |
22 | | (4) The minor or any person interested in the minor may |
23 | | apply to the court for a change in custody of the minor and the |
24 | | appointment of a new custodian or guardian of the person or for |
25 | | the restoration of the minor to the custody of the minor's |
26 | | parents or former guardian or custodian. |
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1 | | When return home is not selected as the permanency goal: |
2 | | (a) The Department, the minor, or the current foster |
3 | | parent or relative caregiver seeking private guardianship |
4 | | may file a motion for private guardianship of the minor. |
5 | | Appointment of a guardian under this Section requires |
6 | | approval of the court. |
7 | | (b) The State's Attorney may file a motion to |
8 | | terminate parental rights of any parent who has failed to |
9 | | make reasonable efforts to correct the conditions which |
10 | | led to the removal of the child or reasonable progress |
11 | | toward the return of the child, as defined in subdivision |
12 | | (D)(m) of Section 1 of the Adoption Act or for whom any |
13 | | other unfitness ground for terminating parental rights as |
14 | | defined in subdivision (D) of Section 1 of the Adoption |
15 | | Act exists. |
16 | | When parental rights have been terminated for a |
17 | | minimum of 3 years and the child who is the subject of the |
18 | | permanency hearing is 13 years old or older and is not |
19 | | currently placed in a placement likely to achieve |
20 | | permanency, the Department of Children and Family Services |
21 | | shall make reasonable efforts to locate parents whose |
22 | | rights have been terminated, except when the Court |
23 | | determines that those efforts would be futile or |
24 | | inconsistent with the subject child's best interests. The |
25 | | Department of Children and Family Services shall assess |
26 | | the appropriateness of the parent whose rights have been |
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1 | | terminated, and shall, as appropriate, foster and support |
2 | | connections between the parent whose rights have been |
3 | | terminated and the youth. The Department of Children and |
4 | | Family Services shall document its determinations and |
5 | | efforts to foster connections in the child's case plan. |
6 | | Custody of the minor shall not be restored to any parent, |
7 | | guardian, or legal custodian in any case in which the minor is |
8 | | found to be neglected or abused under Section 2-3 or dependent |
9 | | under Section 2-4 of this Act, unless the minor can be cared |
10 | | for at home without endangering the minor's health or safety |
11 | | and it is in the best interest of the minor, and if such |
12 | | neglect, abuse, or dependency is found by the court under |
13 | | paragraph (1) of Section 2-21 of this Act to have come about |
14 | | due to the acts or omissions or both of such parent, guardian, |
15 | | or legal custodian, until such time as an investigation is |
16 | | made as provided in paragraph (5) and a hearing is held on the |
17 | | issue of the health, safety, and best interest of the minor and |
18 | | the fitness of such parent, guardian, or legal custodian to |
19 | | care for the minor and the court enters an order that such |
20 | | parent, guardian, or legal custodian is fit to care for the |
21 | | minor. If a motion is filed to modify or vacate a private |
22 | | guardianship order and return the child to a parent, guardian, |
23 | | or legal custodian, the court may order the Department of |
24 | | Children and Family Services to assess the minor's current and |
25 | | proposed living arrangements and to provide ongoing monitoring |
26 | | of the health, safety, and best interest of the minor during |
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1 | | the pendency of the motion to assist the court in making that |
2 | | determination. In the event that the minor has attained 18 |
3 | | years of age and the guardian or custodian petitions the court |
4 | | for an order terminating the minor's guardianship or custody, |
5 | | guardianship or custody shall terminate automatically 30 days |
6 | | after the receipt of the petition unless the court orders |
7 | | otherwise. No legal custodian or guardian of the person may be |
8 | | removed without the legal custodian's or guardian's consent |
9 | | until given notice and an opportunity to be heard by the court. |
10 | | When the court orders a child restored to the custody of |
11 | | the parent or parents, the court shall order the parent or |
12 | | parents to cooperate with the Department of Children and |
13 | | Family Services and comply with the terms of an after-care |
14 | | plan, or risk the loss of custody of the child and possible |
15 | | termination of their parental rights. The court may also enter |
16 | | an order of protective supervision in accordance with Section |
17 | | 2-24. |
18 | | If the minor is being restored to the custody of a parent, |
19 | | legal custodian, or guardian who lives outside of Illinois, |
20 | | and an Interstate Compact has been requested and refused, the |
21 | | court may order the Department of Children and Family Services |
22 | | to arrange for an assessment of the minor's proposed living |
23 | | arrangement and for ongoing monitoring of the health, safety, |
24 | | and best interest of the minor and compliance with any order of |
25 | | protective supervision entered in accordance with Section |
26 | | 2-24. |
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1 | | (5) Whenever a parent, guardian, or legal custodian files |
2 | | a motion for restoration of custody of the minor, and the minor |
3 | | was adjudicated neglected, abused, or dependent as a result of |
4 | | physical abuse, the court shall cause to be made an |
5 | | investigation as to whether the movant has ever been charged |
6 | | with or convicted of any criminal offense which would indicate |
7 | | the likelihood of any further physical abuse to the minor. |
8 | | Evidence of such criminal convictions shall be taken into |
9 | | account in determining whether the minor can be cared for at |
10 | | home without endangering the minor's health or safety and |
11 | | fitness of the parent, guardian, or legal custodian. |
12 | | (a) Any agency of this State or any subdivision |
13 | | thereof shall cooperate with the agent of the court in |
14 | | providing any information sought in the investigation. |
15 | | (b) The information derived from the investigation and |
16 | | any conclusions or recommendations derived from the |
17 | | information shall be provided to the parent, guardian, or |
18 | | legal custodian seeking restoration of custody prior to |
19 | | the hearing on fitness and the movant shall have an |
20 | | opportunity at the hearing to refute the information or |
21 | | contest its significance. |
22 | | (c) All information obtained from any investigation |
23 | | shall be confidential as provided in Section 5-150 of this |
24 | | Act. |
25 | | (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; |
26 | | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff. |
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1 | | 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, |
2 | | eff. 2-5-25.)
|
3 | | Article 11.
|
4 | | Section 11-1. The Illinois Emergency Management Agency Act |
5 | | is amended by changing Section 17.8 as follows:
|
6 | | (20 ILCS 3305/17.8) |
7 | | Sec. 17.8. IEMA State Projects Fund. The IEMA State |
8 | | Projects Fund is created as a trust fund in the State treasury. |
9 | | The Fund shall consist of any moneys appropriated to the |
10 | | Agency for purposes of the Illinois' Not-For-Profit Security |
11 | | Grant Program, a grant program authorized by subsection (g-5) |
12 | | of Section 5 of this Act, to provide funding support for target |
13 | | hardening activities and other physical security enhancements |
14 | | for qualifying not-for-profit organizations that are at high |
15 | | risk of terrorist attack. The Agency is authorized to use |
16 | | moneys appropriated from the Fund to make grants to |
17 | | not-for-profit organizations , including those that provide |
18 | | medical or behavioral health services, for target hardening |
19 | | activities, security personnel, and physical security |
20 | | enhancements and for the payment of administrative expenses |
21 | | associated with the Not-For-Profit Security Grant Program, |
22 | | except that, beginning July 1, 2024, the Agency shall not |
23 | | award grants under this Section to those entities whose |
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1 | | primary purpose is to provide reproductive or maternal health |
2 | | care and reproductive or maternal health counseling services |
3 | | medical or mental health services . As used in this Section, |
4 | | "target hardening activities" include, but are not limited to, |
5 | | the purchase and installation of security equipment on real |
6 | | property owned or leased by the not-for-profit organization. |
7 | | Grants, gifts, and moneys from any other source, public or |
8 | | private, may also be deposited into the Fund and used for the |
9 | | purposes authorized by this Act. |
10 | | (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
|
11 | | Article 12.
|
12 | | Section 12-5. The Illinois Administrative Procedure Act is |
13 | | amended by adding Section 5-45.63 as follows:
|
14 | | (5 ILCS 100/5-45.63 new) |
15 | | Sec. 5-45.63. Emergency rulemaking; Developmental |
16 | | Disability and Mental Disability Services Act. To provide for |
17 | | the expeditious and timely implementation of the changes made |
18 | | to Section 2-6 of the Developmental Disability and Mental |
19 | | Disability Services Act by this amendatory Act of the 104th |
20 | | General Assembly, emergency rules implementing the changes |
21 | | made to that Section by this amendatory Act of the 104th |
22 | | General Assembly may be adopted in accordance with Section |
23 | | 5-45 by the Department of Human Services or any other agency |
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1 | | essential to the implementation of the changes. The adoption |
2 | | of emergency rules authorized by Section 5-45 and this Section |
3 | | is deemed to be necessary for the public interest, safety, and |
4 | | welfare. |
5 | | This Section is repealed one year after the effective date |
6 | | of this Section.
|
7 | | Section 12-10. The Developmental Disability and Mental |
8 | | Disability Services Act is amended by changing Section 2-6 as |
9 | | follows:
|
10 | | (405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6) |
11 | | Sec. 2-6. An application for the Program shall be |
12 | | submitted to the Department by the adult with a mental |
13 | | disability or, if the adult with a mental disability requires |
14 | | a guardian, by his or her legal guardian. If the application |
15 | | for participation in the Program is approved by the Department |
16 | | and the adult with a mental disability is eligible to receive |
17 | | services under this Article, the adult with a mental |
18 | | disability shall be made aware of the availability of a |
19 | | community support team and shall be offered case management |
20 | | services. The amount of the home-based services provided by |
21 | | the Department in any month shall be determined by the service |
22 | | plan of the adult with a mental disability, but in no case |
23 | | shall it be more than either: |
24 | | (a) 1.05 times 300% three hundred percent of the |
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1 | | monthly federal Supplemental Security Income payment for |
2 | | an individual residing alone if the adult with a mental |
3 | | disability is not enrolled in a special education program |
4 | | by a local education agency, or |
5 | | (b) 1.05 times 200% two hundred percent of the monthly |
6 | | Supplemental Security Income payment for an individual |
7 | | residing alone if the adult with a mental disability is |
8 | | enrolled in a special education program by a local |
9 | | education agency. |
10 | | Upon approval of the Department, all or part of the |
11 | | monthly amount approved for home-based services to |
12 | | participating adults may be used as a one-time or continuing |
13 | | payment to the eligible adult or the adult's parent or |
14 | | guardian to pay for specified tangible items that are directly |
15 | | related to meeting basic needs related to the person's mental |
16 | | disabilities. |
17 | | Tangible items include, but are not limited to: adaptive |
18 | | equipment, medication not covered by third-party payments, |
19 | | nutritional supplements, and residential modifications. |
20 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
21 | | Article 15.
|
22 | | Section 15-5. The Child Care Act of 1969 is amended by |
23 | | changing Section 3.4 as follows:
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1 | | (225 ILCS 10/3.4) |
2 | | (This Section may contain text from a Public Act with a |
3 | | delayed effective date ) |
4 | | Sec. 3.4. Standards for certified relative caregiver |
5 | | homes. |
6 | | (a) No later than July 1, 2025, the Department shall adopt |
7 | | rules outlining the standards for certified relative caregiver |
8 | | homes, which are reasonably in accordance with the national |
9 | | consortium recommendations and federal law and rules, and |
10 | | consistent with the requirements of this Act. The standards |
11 | | for certified relative caregiver homes shall: (i) be different |
12 | | from licensing standards used for non-relative foster family |
13 | | homes under Section 4; (ii) align with the recommendation of |
14 | | the U.S. Department of Health and Human Services' |
15 | | Administration for Children and Families for implementation of |
16 | | Section 471(a)(10), 471(a)(11), and 471(a)(20) and Section 474 |
17 | | of Title IV-E of the Social Security Act; (iii) be no more |
18 | | restrictive than, and reasonably in accordance with, national |
19 | | consortium recommendations; and (iv) address background |
20 | | screening for caregivers and other household residents and |
21 | | assessing home safety and caregiver capacity to meet the |
22 | | identified child's needs. |
23 | | A guiding premise for certified relative caregiver home |
24 | | standards is that foster care maintenance payments for every |
25 | | relative, starting upon placement, regardless of federal |
26 | | reimbursement, are critical to ensure that the basic needs and |
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1 | | well-being of all children in relative care are being met. If |
2 | | an agency places a child in the care of a relative, the |
3 | | relative must immediately be provided with adequate support to |
4 | | care for that child. The Department shall review foster care |
5 | | maintenance payments to ensure that children receive the same |
6 | | amount of foster care maintenance payments whether placed in a |
7 | | certified relative caregiver home or a licensed foster family |
8 | | home. |
9 | | In developing rules, the Department shall solicit and |
10 | | incorporate feedback from relative caregivers. No later than |
11 | | 60 days after the effective date of this amendatory Act of the |
12 | | 103rd General Assembly, the Department shall begin soliciting |
13 | | input from relatives who are currently or have recently been |
14 | | caregivers to youth in care to develop the rules and |
15 | | procedures to implement the requirements of this Section. The |
16 | | Department shall solicit this input in a manner convenient for |
17 | | caregivers to participate, including without limitation, |
18 | | in-person convenings at after hours and weekend venues, |
19 | | locations that provide child care, and modalities that are |
20 | | accessible and welcoming to new and experienced relative |
21 | | caregivers from all regions of the State. The rules shall |
22 | | outline the essential elements of each form used in the |
23 | | implementation and enforcement of the provisions of this |
24 | | amendatory Act of the 103rd General Assembly. |
25 | | (b) In order to assess whether standards are met for a |
26 | | certified relative caregiver home under this Section, the |
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1 | | Department or a licensed child welfare agency shall: |
2 | | (1) complete the home safety and needs assessment and |
3 | | identify and provide any necessary concrete goods or |
4 | | safety modifications to assist the prospective certified |
5 | | relative caregiver in meeting the needs of the specific |
6 | | child or children being placed by the Department, in a |
7 | | manner consistent with Department rule; |
8 | | (2) assess the ability of the prospective certified |
9 | | relative caregiver to care for the physical, emotional, |
10 | | medical, and educational needs of the specific child or |
11 | | children being placed by the Department using the protocol |
12 | | and form provided through national consortium |
13 | | recommendations; and |
14 | | (3) using the standard background check form |
15 | | established by rule, complete a background check for each |
16 | | person seeking certified relative caregiver approval and |
17 | | any other adults living in the home as required under this |
18 | | Section. |
19 | | (c) The Department or a licensed child welfare agency |
20 | | shall conduct the following background screening investigation |
21 | | for every prospective certified relative caregiver and adult |
22 | | resident living in the home: |
23 | | (1) a name-based State, local, or tribal criminal |
24 | | background check, and as soon as reasonably possible, |
25 | | initiate a fingerprint-based background check; |
26 | | (2) a review of this State's Central Registry and |
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1 | | registries of any state in which an adult household member |
2 | | has resided in the last 5 years, if applicable to |
3 | | determine if the person has been determined to be a |
4 | | perpetrator in an indicated report of child abuse or |
5 | | neglect; and |
6 | | (3) a review of the sex offender registry. |
7 | | No home may be a certified relative caregiver home if any |
8 | | prospective caregivers or adult residents in the home refuse |
9 | | to authorize a background screening investigation as required |
10 | | by this Section. Only information and standards that bear a |
11 | | reasonable and rational relation to the caregiving capacity of |
12 | | the certified relative caregiver and adult member of the |
13 | | household and overall safety provided by residents of that |
14 | | home shall be used by the Department or licensed child welfare |
15 | | agency. |
16 | | In approving a certified relative caregiver home in |
17 | | accordance with this Section, if an adult has a criminal |
18 | | record, the Department or licensed child welfare agency shall |
19 | | thoroughly investigate and evaluate the criminal history of |
20 | | the adult and, in so doing, include an assessment of the |
21 | | adult's character and, in the case of the prospective |
22 | | certified relative caregiver, the impact that the criminal |
23 | | history has on the prospective certified relative caregiver's |
24 | | ability to parent the child; the investigation should consider |
25 | | the type of crime, the number of crimes, the nature of the |
26 | | offense, the age of the person at the time of the crime, the |
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1 | | length of time that has elapsed since the last conviction, the |
2 | | relationship of the crime to the ability to care for children, |
3 | | the role that adult will have with the child, and any evidence |
4 | | of rehabilitation. In accordance with federal law, a home |
5 | | shall not be approved if the record of the prospective |
6 | | certified relative caregiver's background screening reveals: |
7 | | (i) a felony conviction for child abuse or neglect, for |
8 | | spousal abuse, for a crime against children crimes against a |
9 | | child , including child pornography, or for a crime involving |
10 | | violence, including of rape, sexual assault, or homicide , but |
11 | | not including other physical assault or battery ; or (ii) a |
12 | | felony conviction in the last 5 years for physical assault, |
13 | | battery, or a drug-related offense. |
14 | | If the Department is contemplating denying approval of a |
15 | | certified relative caregiver home, the Department shall |
16 | | provide a written notice in the prospective certified relative |
17 | | caregiver's primary language to each prospective certified |
18 | | relative caregiver before the Department takes final action to |
19 | | deny approval of the home. This written notice shall include |
20 | | the specific reason or reasons the Department is considering |
21 | | denial, list actions prospective certified relative caregivers |
22 | | can take, if any, to remedy such conditions and the timeframes |
23 | | in which such actions would need to be completed, explain |
24 | | reasonable supports that the Department can provide to assist |
25 | | the prospective certified relative caregivers in taking |
26 | | remedial actions and how the prospective certified relative |
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1 | | caregivers can request such assistance, and provide the |
2 | | recourse prospective certified relative caregivers can seek to |
3 | | resolve disputes about the Department's findings. The |
4 | | Department shall provide prospective certified relative |
5 | | caregivers reasonable opportunity pursuant to rulemaking to |
6 | | cure any remediable deficiencies that the Department |
7 | | identified before taking final action to deny approval of a |
8 | | certified relative caregiver home. |
9 | | If conditions have not been remedied after a reasonable |
10 | | opportunity and assistance to cure identified deficiencies has |
11 | | been provided, the Department shall provide a final written |
12 | | notice explaining the reasons for denying the certified |
13 | | relative caregiver home approval and the reconsideration |
14 | | process to review the decision to deny certification. The |
15 | | Department shall not prohibit a prospective certified relative |
16 | | caregiver from being reconsidered for approval if the |
17 | | prospective certified relative caregivers are able to |
18 | | demonstrate a change in circumstances that improves deficient |
19 | | conditions. |
20 | | Documentation that a certified relative caregiver home |
21 | | meets the required standards may be filed on behalf of such |
22 | | homes by a licensed child welfare agency, by a State agency |
23 | | authorized to place children in foster care, or by |
24 | | out-of-state agencies approved by the Department to place |
25 | | children in this State. For documentation on behalf of a home |
26 | | in which specific children are placed by and remain under |
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1 | | supervision of the applicant agency, such agency shall |
2 | | document that the certified relative caregiver home, |
3 | | responsible for the care of related specific children therein, |
4 | | was found to be in reasonable compliance with standards |
5 | | prescribed by the Department for certified relative caregiver |
6 | | homes under this Section. Certification is applicable to one |
7 | | or more related children and documentation for certification |
8 | | shall indicate the specific child or children who would be |
9 | | eligible for placement in this certified relative caregiver |
10 | | home. |
11 | | Information concerning criminal convictions of prospective |
12 | | certified relative caregivers and adult residents of a |
13 | | prospective certified relative caregiver home investigated |
14 | | under this Section, including the source of the information, |
15 | | State conviction information provided by the Illinois State |
16 | | Police, and any conclusions or recommendations derived from |
17 | | the information, shall be offered to the prospective certified |
18 | | relative caregivers and adult residents of a prospective |
19 | | certified relative caregiver home, and provided, upon request, |
20 | | to such persons prior to final action by the Department in the |
21 | | certified relative caregiver home approval process. |
22 | | Any information concerning criminal charges or the |
23 | | disposition of such criminal charges obtained by the |
24 | | Department shall be confidential and may not be transmitted |
25 | | outside the Department, except as required or permitted by |
26 | | State or federal law, and may not be transmitted to anyone |
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1 | | within the Department except as needed for the purpose of |
2 | | evaluating standards for a certified relative caregiver home |
3 | | or for evaluating the placement of a specific child in the |
4 | | home. Information concerning a prospective certified relative |
5 | | caregiver or an adult resident of a prospective certified |
6 | | relative caregiver home obtained by the Department for the |
7 | | purposes of this Section shall be confidential and exempt from |
8 | | public inspection and copying as provided under Section 7 of |
9 | | the Freedom of Information Act, and such information shall not |
10 | | be transmitted outside the Department, except as required or |
11 | | authorized by State or federal law, including applicable |
12 | | provisions in the Abused and Neglected Child Reporting Act, |
13 | | and shall not be transmitted to anyone within the Department |
14 | | except as provided in the Abused and Neglected Child Reporting |
15 | | Act, and shall not be transmitted to anyone within the |
16 | | Department except as needed for the purposes of evaluating |
17 | | homes. Any employee of the Department, the Illinois State |
18 | | Police, or a licensed child welfare agency receiving |
19 | | confidential information under this Section who gives or |
20 | | causes to be given any confidential information concerning any |
21 | | criminal convictions or child abuse or neglect reports |
22 | | involving a prospective certified relative caregiver or an |
23 | | adult resident of a prospective certified relative caregiver |
24 | | home shall be guilty of a Class A misdemeanor unless release of |
25 | | such information is authorized by this Section or Section 11.1 |
26 | | of the Abused and Neglected Child Reporting Act. |
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1 | | The Department shall permit, but shall not require, a |
2 | | prospective certified relative caregiver who does not yet have |
3 | | eligible children placed by the Department in the relative's |
4 | | home to commence the process to become a certified relative |
5 | | caregiver home for a particular identified child under this |
6 | | Section before a child is placed by the Department if the |
7 | | prospective certified relative caregiver prefers to begin this |
8 | | process in advance of the identified child being placed. No |
9 | | later than July 1, 2025, the Department shall adopt rules |
10 | | delineating the process for re-assessing a certified relative |
11 | | caregiver home if the identified child is not placed in that |
12 | | home within 6 months of the home becoming certified. |
13 | | (d) The Department shall ensure that prospective certified |
14 | | relative caregivers are provided with assistance in completing |
15 | | the steps required for approval as a certified relative |
16 | | caregiver home, including, but not limited to, the following |
17 | | types of assistance: |
18 | | (1) completing forms together with the relative or for |
19 | | the relative, if possible; |
20 | | (2) obtaining court records or dispositions related to |
21 | | background checks; |
22 | | (3) accessing translation services; |
23 | | (4) using mobile fingerprinting devices in the home, |
24 | | and if mobile devices are unavailable, providing |
25 | | assistance scheduling appointments that are accessible and |
26 | | available at times that fit the household members' |
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1 | | schedules, providing transportation and child care to |
2 | | allow the household members to complete fingerprinting |
3 | | appointments, and contracting with community-based |
4 | | fingerprinting locations that offer evening and weekend |
5 | | appointments; |
6 | | (5) reimbursement or advance payment for the |
7 | | prospective certified relative caregiver to help with |
8 | | reasonable home maintenance to resolve critical safety |
9 | | issues in accordance with Department rulemaking; and |
10 | | (6) purchasing required safety or comfort items such |
11 | | as a car seat or mattress. |
12 | | (e) Orientation provided to certified relative caregivers |
13 | | shall include information regarding: |
14 | | (1) caregivers' right to be heard in juvenile court |
15 | | proceedings; |
16 | | (2) the availability of the advocacy hotline and |
17 | | Office of the Inspector General that caregivers may use to |
18 | | report incidents of misconduct or violation of rules by |
19 | | Department employees, service providers, or contractors; |
20 | | (3) the Department's expectations for caregiving |
21 | | obligations including, but not limited to, specific |
22 | | requirements of court orders, critical incident |
23 | | notifications and timeframes, supervision for the child's |
24 | | age and needs, out-of-state travel, and consent |
25 | | procedures; |
26 | | (4) assistance available to the certified relative |
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1 | | caregivers, including child care, respite care, |
2 | | transportation assistance, case management, training and |
3 | | support groups, kinship navigator services, financial |
4 | | assistance, and after hours and weekend 24 hours, 7 days a |
5 | | week emergency supports, and how to access such |
6 | | assistance; |
7 | | (5) reasonable and prudent parenting standards; and |
8 | | (6) permanency options. |
9 | | Orientation shall be provided in a setting and modality |
10 | | convenient for the residents of the certified relative |
11 | | caregiver home, which shall include the option for one-on-one |
12 | | sessions at the residence, after business hours, and in the |
13 | | primary language of the caregivers. Training opportunities |
14 | | shall be offered to the residents of the certified relative |
15 | | caregiver home, but shall not be a requirement that delays the |
16 | | certified relative caregiver home approval process from being |
17 | | completed. |
18 | | The Department or licensed child welfare agency may |
19 | | provide support groups and development opportunities for |
20 | | certified relative caregivers, and take other steps to support |
21 | | permanency, such as offering voluntary training, or concurrent |
22 | | assessments of multiple prospective certified relative |
23 | | caregivers to determine which may be best suited to provide |
24 | | long-term permanency for a particular child. However, these |
25 | | support groups and development opportunities shall not be |
26 | | requirements for prospective certified relative caregiver |
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1 | | homes or delay immediate placement and support to a relative |
2 | | who satisfies the standards set forth in this Section. |
3 | | (f) All child welfare agencies serving relative and |
4 | | certified relative caregiver homes shall be required by the |
5 | | Department to have complaint policies and procedures that |
6 | | shall be provided in writing to prospective and current |
7 | | certified relative caregivers and residents of prospective and |
8 | | current certified relative caregiver homes, at the earliest |
9 | | time possible. The complaint procedure shall allow residents |
10 | | of prospective and current certified relative caregiver homes |
11 | | to submit complaints 7 days a week and complaints shall be |
12 | | reviewed by the Department within 30 days of receipt. These |
13 | | complaint procedures must be filed with the Department within |
14 | | 6 months after the effective date of this amendatory of the |
15 | | 103rd General Assembly. |
16 | | No later than July 1, 2025, the Department shall revise |
17 | | any rules and procedures pertaining to eligibility of |
18 | | certified relative caregivers to qualify for State and federal |
19 | | subsidies and services under the guardianship and adoption |
20 | | assistance program and remove any requirements that exceed the |
21 | | federal requirements for participation in these programs or |
22 | | supports to ensure that certified relative caregiver homes are |
23 | | deemed eligible for permanency options, such as adoption or |
24 | | subsidized guardianship, if the child is unable to safely |
25 | | return to the child's parents. The rules shall outline the |
26 | | essential elements of each form used in the implementation and |
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1 | | enforcement of the provisions of this amendatory Act of the |
2 | | 103rd General Assembly. |
3 | | The Department shall submit any necessary State plan |
4 | | amendments necessary to comply with this Section and to ensure |
5 | | Title IV-E reimbursement eligibility under Section |
6 | | 671(a)(20)(A-B) of the Social Security Act can be achieved |
7 | | expediently. The Department shall differentiate expenditures |
8 | | related to certified relative caregivers from licensed care |
9 | | placements to provide clarity in expenditures of State and |
10 | | federal monies for certified relative caregiver supports. |
11 | | (Source: P.A. 103-1061, eff. 7-1-25.)
|
12 | | Section 15-10. The Illinois Public Aid Code is amended by |
13 | | changing Sections 4-12 and 4-22 as follows:
|
14 | | (305 ILCS 5/4-12) (from Ch. 23, par. 4-12) |
15 | | Sec. 4-12. Crisis assistance. Where a family has been (1) |
16 | | rendered homeless or threatened with homelessness by fire, |
17 | | flood, other natural disaster, eviction or court order to |
18 | | vacate the premises for reasons other than nonpayment of rent, |
19 | | or where a family has become homeless because they have left |
20 | | their residence due to domestic or sexual violence; (1.5) |
21 | | deprived of the household's income as a result of domestic or |
22 | | sexual violence; (2) deprived of essential items of furniture |
23 | | or essential clothing by fire or flood or other natural |
24 | | disaster; (3) deprived of food as a result of actions other |
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1 | | than loss or theft of cash and where the deprivation cannot be |
2 | | promptly alleviated through the federal food stamp program; |
3 | | (4) as a result of a documented theft or documented loss of |
4 | | cash, deprived of food or essential clothing or deprived of |
5 | | shelter or immediately threatened with deprivation of shelter |
6 | | as evidenced by a court order requiring immediate eviction due |
7 | | to nonpayment of rent; or (5) rendered the victim of such other |
8 | | hardships as the Illinois Department shall by rule define, the |
9 | | Illinois Department may provide assistance to alleviate such |
10 | | needs. The Illinois Department shall verify need and determine |
11 | | eligibility for crisis assistance for families already |
12 | | receiving grants from the Illinois Department within 5 working |
13 | | days following application for such assistance and shall |
14 | | determine eligibility for all other families and afford such |
15 | | assistance for families found eligible within such time limits |
16 | | as the Illinois Department shall by rule provide. The Illinois |
17 | | Department may, by rule, limit crisis assistance to an |
18 | | eligible family to once in any 12 consecutive months. This |
19 | | limitation may be made for some or all items of crisis |
20 | | assistance. |
21 | | The Illinois Department by regulation shall specify the |
22 | | criteria for determining eligibility and the amount and nature |
23 | | of assistance to be provided. Where deprivation of shelter |
24 | | exists or is threatened, the Illinois Department must inform |
25 | | the family of crisis assistance funding, when available. Upon |
26 | | the availability of funds, the Department shall provide no |
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1 | | less than $1,250 to eligible families for up to 4 months may |
2 | | provide reasonable moving expenses, short term rental costs, |
3 | | including one month's rent and a security deposit where such |
4 | | expenses are needed for relocation, and, where the Department |
5 | | determines appropriate, provide assistance to prevent an |
6 | | imminent eviction or foreclosure. These amounts may be |
7 | | described in established amounts or maximums. The Illinois |
8 | | Department may also describe, for each form of assistance |
9 | | authorized, the method by which the assistance shall be |
10 | | delivered, including but not limited to warrants or disbursing |
11 | | orders . |
12 | | Annual expenditures under this Section shall not exceed |
13 | | $2,000,000. The Illinois Department shall review such |
14 | | expenditures quarterly and shall, if necessary, reduce the |
15 | | amounts or nature of assistance authorized in order to assure |
16 | | that the limit is not exceeded. |
17 | | This Section shall be subject to the civil remedies |
18 | | outlined in Section 8A-7. |
19 | | (Source: P.A. 96-866, eff. 7-1-10 .)
|
20 | | (305 ILCS 5/4-22) |
21 | | Sec. 4-22. Domestic and sexual violence. |
22 | | (a) Findings and policy. The General Assembly finds that |
23 | | it is the policy of the State of Illinois that: |
24 | | (1) no individual or family should be forced to remain |
25 | | in a violent living situation or place themselves or |
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1 | | others at risk in order to attain or retain TANF |
2 | | assistance; and |
3 | | (2) no individual or family should be unfairly |
4 | | penalized because past or present domestic or sexual |
5 | | violence or the risk of domestic or sexual violence causes |
6 | | them to fail to comply with TANF program requirements for |
7 | | assistance. |
8 | | The assessment process to develop the personal plan for |
9 | | achieving self-sufficiency shall include questions that screen |
10 | | for domestic and sexual violence issues. If the individual |
11 | | indicates that he or she is the victim of domestic or sexual |
12 | | violence and indicates a need to address domestic or sexual |
13 | | violence issues in order to reach self-sufficiency, the plan |
14 | | shall take this factor into account in determining the work, |
15 | | education, and training activities suitable to the client for |
16 | | achieving self-sufficiency. In addition, in such a case, |
17 | | specific steps needed to directly address the domestic or |
18 | | sexual violence issues may also be made part of the plan, |
19 | | including referral to an available domestic or sexual violence |
20 | | program. The Department shall conduct an individualized |
21 | | assessment and grant waivers of program requirements and other |
22 | | required activities for victims of domestic violence to the |
23 | | fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall |
24 | | apply the same laws, regulations, and policies to victims of |
25 | | sexual violence. The duration of such waivers shall be |
26 | | initially determined and subsequently redetermined on a |
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1 | | case-by-case basis. There shall be no limitation on the total |
2 | | number of months for which waivers under this Section may be |
3 | | granted, but continuing eligibility for a waiver shall be |
4 | | redetermined no less often than every 6 months. |
5 | | (a-5) Definitions. As used in this Section: |
6 | | "Domestic violence" has the meaning ascribed to it in |
7 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
8 | | "Sexual assault" or "sexual violence" means any conduct of |
9 | | an adult or minor child proscribed in Article 11 of the |
10 | | Criminal Code of 2012, except for Sections 11-35, 11-40, and |
11 | | 11-45 of the Criminal Code of 2012, including conduct |
12 | | committed by a perpetrator who is a stranger to the victim and |
13 | | conduct by a perpetrator who is known or related by blood or |
14 | | marriage to the victim. |
15 | | (b) In recognition of the reality of domestic or sexual |
16 | | violence for many individuals and families who may need |
17 | | assistance, when making determinations as to an individual's |
18 | | compliance with TANF program requirements, the Department of |
19 | | Human Services shall implement the federal Family Violence |
20 | | Option created under Section 402 of the Personal |
21 | | Responsibility and Work Opportunity Reconciliation Act of |
22 | | 1996, (P.L. 104-193), and as set forth in 42 U.S.C. 602(a)(7), |
23 | | including any implementing federal regulations at Part 260, |
24 | | Subtitle B, Chapter II, Title 45 of the Code of Federal |
25 | | Regulations. |
26 | | (c) In accordance with subsection (b) and Section |
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1 | | 402(a)(8) of the Social Security Act as amended by the federal |
2 | | Consolidated Appropriations Act, 2022 (P.L. 117-103), the |
3 | | Department shall: |
4 | | (1) evaluate its policy of identifying individuals who |
5 | | are victims of domestic or sexual violence; |
6 | | (2) provide universal notification of the good cause |
7 | | waiver at the time of an individual's initial TANF |
8 | | application; |
9 | | (3) refer individuals who are victims of domestic or |
10 | | sexual violence to counseling, shelter, or other |
11 | | appropriate services; and |
12 | | (4) automatically waive TANF program requirements, |
13 | | including, but not limited to, child support cooperation, |
14 | | work requirements, and time limits for individuals who are |
15 | | victims of domestic or sexual violence. |
16 | | (d) Individuals who are victims of domestic or sexual |
17 | | violence may provide documentation or third-party |
18 | | verification, if possible, as evidence of the domestic or |
19 | | sexual violence. If an individual is unable to obtain |
20 | | documentation or third-party verification, then |
21 | | self-attestation shall suffice to establish eligibility for a |
22 | | good cause waiver based upon domestic or sexual violence. The |
23 | | following shall establish eligibility for a good cause waiver: |
24 | | (1) Documentation, including law enforcement records, |
25 | | court records, medical or treatment records, social |
26 | | service records, and child protective service records. |
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1 | | (2) Third-party verification of domestic or sexual |
2 | | violence from any entity or individual who has knowledge |
3 | | of the circumstances which serve as the basis for the good |
4 | | cause waiver, including, but not limited to: |
5 | | (A) a domestic violence or sexual violence service |
6 | | provider; |
7 | | (B) a clergy member or religious leader; |
8 | | (C) a medical, psychological, or social service |
9 | | provider; |
10 | | (D) a law enforcement professional; |
11 | | (E) a legal representative; or |
12 | | (F) an acquaintance, friend, relative, or neighbor |
13 | | of the claimant, or any other individual. |
14 | | (3) Self-attestation. If an individual is unable to |
15 | | obtain any of the items of evidence or documentation |
16 | | described in paragraphs (1) and (2), then the individual |
17 | | may self-affirm that he or she cannot safely comply with a |
18 | | TANF program requirement due to domestic or sexual |
19 | | violence. |
20 | | (e) The Department shall create a Family Safety Notice |
21 | | form that: |
22 | | (1) describes domestic and sexual violence; |
23 | | (2) list the waivers available for TANF recipients who |
24 | | are victims of domestic or sexual violence; |
25 | | (3) describes the Department's procedure and appeal |
26 | | process when making a determination as to an individual's |
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1 | | eligibility for a good cause waiver; |
2 | | (4) lists the contact information of an available |
3 | | statewide domestic and sexual violence organization; and |
4 | | (5) provides a verification form that: |
5 | | (A) defines a good cause waiver claim; |
6 | | (B) lists acceptable documentation to support a |
7 | | claim of domestic or sexual violence as described in |
8 | | paragraph (1) of subsection (d); |
9 | | (C) describes the entities and individuals |
10 | | permitted to provide third-party verification of |
11 | | domestic or sexual violence as provided in paragraph |
12 | | (2) of subsection (d); |
13 | | (D) explains that the if an individual is unable |
14 | | to obtain any of the documentation or third-party |
15 | | verification described in paragraphs (1) and (2) of |
16 | | subsection (d), the individual may self-affirm that he |
17 | | or she cannot safely comply with a TANF program |
18 | | requirement due to domestic or sexual violence. |
19 | | The Department shall not require an individual applying |
20 | | for or receiving TANF benefits to obtain an order of |
21 | | protection or to leave the alleged abuser in order to obtain a |
22 | | good cause waiver. |
23 | | A good cause waiver determination based on domestic or |
24 | | sexual violence shall be made within 15 calendar days from the |
25 | | date the claim was initiated by the individual. |
26 | | (f) Crisis assistance funding. If an individual is TANF |
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1 | | eligible and is provided a good cause waiver, the Department |
2 | | must inform the individual of crisis assistance funding, upon |
3 | | availability. When available, the Department shall provide |
4 | | funding of no less than $1250 to eligible individuals and |
5 | | families for 4 months. |
6 | | (g) (b) The Illinois Department shall develop and monitor |
7 | | compliance procedures for its employees, contractors, and |
8 | | subcontractors to ensure that any information pertaining to |
9 | | any client who claims to be a past or present victim of |
10 | | domestic violence or an individual at risk of further domestic |
11 | | violence, whether provided by the victim or by a third party, |
12 | | will remain confidential. |
13 | | (h) (c) The Illinois Department shall develop and |
14 | | implement a domestic violence training curriculum for Illinois |
15 | | Department employees who serve applicants for and recipients |
16 | | of aid under this Article. The curriculum shall be designed to |
17 | | better equip those employees to identify and serve domestic |
18 | | violence victims. The Illinois Department may enter into a |
19 | | contract for the development of the curriculum with one or |
20 | | more organizations providing services to domestic violence |
21 | | victims. The Illinois Department shall adopt rules necessary |
22 | | to implement this subsection. |
23 | | (i) The Department shall adopt rules necessary to |
24 | | implement the amendatory changes made to this Section by this |
25 | | amendatory Act of the 104th General Assembly. |
26 | | (j) The Department shall report data on the State's TANF |
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1 | | caseload, the number of individuals applying for a good cause |
2 | | waiver, and the number of waivers granted. The Department |
3 | | shall provide the number of individuals eligible and applying |
4 | | for crisis assistance funding under this Section as part of |
5 | | its annual report to the General Assembly. The report shall |
6 | | exclude any personally identifiable information. |
7 | | (Source: P.A. 96-866, eff. 7-1-10 .)
|
8 | | Article 20.
|
9 | | Section 20-5. The Department of Public Health Powers and |
10 | | Duties Law of the Civil Administrative Code of Illinois is |
11 | | amended by adding Sections 2310-715.1 and 2310-745 as follows:
|
12 | | (20 ILCS 2310/2310-715.1 new) |
13 | | Sec. 2310-715.1. Healthcare strategy and sustainability |
14 | | planning. The Department, under the direction of the Office of |
15 | | the Governor and in coordination with any other appropriate |
16 | | State office, shall engage in health care strategy and |
17 | | delivery planning efforts to determine steps to strengthen |
18 | | safety-net hospitals and other health care systems in pursuit |
19 | | of long-term sustainability.
|
20 | | (20 ILCS 2310/2310-745 new) |
21 | | Sec. 2310-745. Transfer of Coroner Training Board. |
22 | | (a) The Coroner Training Board, as created by the Coroner |
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1 | | Training Board Act, is hereby transferred to the Department. |
2 | | On and after July 1, 2025, the Department shall exercise the |
3 | | powers, duties, rights, and responsibilities provided under |
4 | | the Coroner Training Board Act and transferred to the |
5 | | Department under this amendatory Act of the 104th General |
6 | | Assembly. |
7 | | (b) As soon as practicable after July 1, 2025, but not |
8 | | later than September 1, 2025, the personnel of the Coroner |
9 | | Training Board shall be transferred to the Department. The |
10 | | status and rights of those employees under the Personnel Code |
11 | | shall not be affected by the transfer. The rights of the |
12 | | employees and of the State of Illinois and its agencies under |
13 | | the Personnel Code or under any pension, retirement, or |
14 | | annuity plan shall not be affected by this amendatory Act of |
15 | | the 104th General Assembly. |
16 | | (c) As soon as practicable after July 1, 2025, but not |
17 | | later than September 1, 2025, all books, records, papers, |
18 | | documents, property (real and personal), contracts, causes of |
19 | | action, and pending business pertaining to the powers, duties, |
20 | | rights, and responsibilities of the Coroner Training Board, |
21 | | including, but not limited to, material in electronic or |
22 | | magnetic format and necessary computer hardware and software, |
23 | | shall be transferred to the Department. |
24 | | (d) Whenever reports or notices are now required to be |
25 | | made or given or papers or documents furnished or served by any |
26 | | person to or upon the Coroner Training Board, the same shall be |
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1 | | made, given, furnished, or served in the same manner to or upon |
2 | | the Department. |
3 | | (e) This amendatory Act of the 104th General Assembly does |
4 | | not affect any act done, ratified, or canceled or any right |
5 | | occurring or established or any action or proceeding had or |
6 | | commenced in an administrative, civil, or criminal cause by |
7 | | the Coroner Training Board before this amendatory Act of the |
8 | | 104th General Assembly takes effect; such actions or |
9 | | proceedings may be prosecuted and continued by the Department. |
10 | | (f) Any rules of the Coroner Training Board that relate to |
11 | | its powers, duties, rights, and responsibilities and are in |
12 | | full force on July 1, 2025 shall become the rules and standards |
13 | | of the Department on July 1, 2025, and shall continue in effect |
14 | | until amended or repealed by the Department. This amendatory |
15 | | Act of the 104th General Assembly does not affect the legality |
16 | | of any such rules in the Illinois Administrative Code. |
17 | | Preexisting rules adopted by the Department prior to July 1, |
18 | | 2025 shall control in instances where the rules transferred |
19 | | from the Coroner Training Board overlap or are otherwise |
20 | | inconsistent. |
21 | | Any rules filed with the Secretary of State by the Coroner |
22 | | Training Board that have been proposed but have not taken |
23 | | effect or have not been finally adopted by June 30, 2025, shall |
24 | | become proposed rules of the Department on July 1, 2025, and |
25 | | any rulemaking procedures that have already been completed by |
26 | | the Coroner Training Board for those proposed rules need not |
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1 | | be repeated. On July 1, 2025, or as soon thereafter as |
2 | | practicable, the Department shall revise and clarify the rules |
3 | | transferred to it under this amendatory Act of the 104th |
4 | | General Assembly to reflect the reorganization of powers, |
5 | | duties, rights, and responsibilities affected by this |
6 | | amendatory Act, using the procedures for recodification of |
7 | | rules available under the Illinois Administrative Procedure |
8 | | Act, except that existing title, part, and section numbering |
9 | | for the affected rules may be retained. |
10 | | (g) On July 1, 2025, or as soon thereafter as practicable, |
11 | | all unexpended appropriations and balances and other funds |
12 | | available for use by the Coroner Training Board shall be |
13 | | transferred for use by the Department. Unexpended balances so |
14 | | transferred shall be expended only for the purposes for which |
15 | | the appropriations were originally made.
|
16 | | Section 20-10. The Counties Code is amended by changing |
17 | | Section 3-3001 as follows:
|
18 | | (55 ILCS 5/3-3001) (from Ch. 34, par. 3-3001) |
19 | | Sec. 3-3001. Commission; training; duties performed by |
20 | | other county officer. |
21 | | (a) Every coroner shall be commissioned by the Governor, |
22 | | but no commission shall issue except upon the certificate of |
23 | | the county clerk of the proper county of the due election or |
24 | | appointment of the coroner and that the coroner has filed his |
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1 | | or her bond and taken the oath of office as provided in this |
2 | | Division. |
3 | | (b)(1) Within 30 days of assuming office, a coroner |
4 | | elected to that office for the first time shall apply for |
5 | | admission to the Coroner Training Board coroners training |
6 | | program. Completion of the training program shall be within 6 |
7 | | months of application. Any coroner may direct the chief deputy |
8 | | coroner or a deputy coroner, or both, to attend the training |
9 | | program, provided the coroner has completed the training |
10 | | program. Satisfactory completion of the program shall be |
11 | | evidenced by a certificate issued to the coroner by the |
12 | | Department of Public Health through the Coroner Training |
13 | | Board. All coroners shall complete the training program at |
14 | | least once while serving as coroner. |
15 | | (2) In developing the coroner training program, the |
16 | | Department of Public Health Coroner Training Board shall |
17 | | consult with the Illinois Coroners and Medical Examiners |
18 | | Association or other organization as recommended and approved |
19 | | by the Coroner Training Board. |
20 | | (3) The Department of Public Health, through the Coroner |
21 | | Training Board , shall notify the proper county board of the |
22 | | failure by a coroner to successfully complete this training |
23 | | program. |
24 | | (c) Every coroner shall attend at least 24 hours of |
25 | | accredited continuing education for coroners in each calendar |
26 | | year. |
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1 | | (d) In all counties that provide by resolution for the |
2 | | elimination of the office of coroner pursuant to a referendum, |
3 | | the resolution may also provide, as part of the same |
4 | | proposition, that the duties of the coroner be taken over by |
5 | | another county officer specified by the resolution and |
6 | | proposition. |
7 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
8 | | Section 20-15. The Coroner Training Board Act is amended |
9 | | by changing Sections 5, 10, 15, 20, 25, 30, and 35 as follows:
|
10 | | (55 ILCS 135/5) |
11 | | Sec. 5. Definitions. As used in this Act: |
12 | | "Board" means the Coroner Training Board. |
13 | | "Coroner" means coroners and deputy coroners. |
14 | | "Coroner training school" means any school located within |
15 | | or outside the State of Illinois whether privately or publicly |
16 | | owned which offers a course in coroner training and has been |
17 | | approved by the Department through the Board. |
18 | | "Department" means the Department of Public Health. |
19 | | "Forensic pathologist" means a board certified pathologist |
20 | | certified by the American Board of Pathology. |
21 | | "Local governmental agency" means any local governmental |
22 | | unit of local government or municipal corporation in this |
23 | | State. It does not include the State of Illinois or any office, |
24 | | officer, department, division, bureau, board, commission, or |
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1 | | agency of the State. |
2 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
3 | | (55 ILCS 135/10) |
4 | | Sec. 10. Board; composition; appointments; tenure; |
5 | | vacancies. The Coroner Training Board is created within and |
6 | | under the administrative control of the Department. The Board |
7 | | shall be composed of 5 members who shall be appointed by the |
8 | | Governor as follows: 2 coroners, one forensic pathologist from |
9 | | the Cook County Medical Examiner's Office, one forensic |
10 | | pathologist from a county other than Cook County, and one |
11 | | citizen of Illinois who is not currently or was a coroner or |
12 | | forensic pathologist. Board members shall serve 3-year terms |
13 | | that expire on the first Monday of August. The initial |
14 | | appointments by the Governor shall be made on the first Monday |
15 | | of August in 2016 and the initial appointments' terms shall be |
16 | | as follows: one coroner and one forensic pathologist shall be |
17 | | for a period of one year, the second coroner and the second |
18 | | forensic pathologist for 3 years, and the citizen for a period |
19 | | of 3 years. Their successors shall be appointed in like manner |
20 | | for terms to expire the first Monday of August each 3 years |
21 | | thereafter. All members shall serve until their respective |
22 | | successors are appointed and qualify. Vacancies shall be |
23 | | filled by the Governor for the unexpired terms. This |
24 | | amendatory Act of the 104th General Assembly shall not reduce |
25 | | or otherwise affect the term of any member of the Board. |
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1 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
2 | | (55 ILCS 135/15) |
3 | | Sec. 15. Election Initial board meeting; election of |
4 | | officers ; meetings . The initial meeting of the Board shall be |
5 | | held no later than August 31, 2016. The Board shall elect from |
6 | | its number a Chairman and Vice-Chairman, shall adopt rules of |
7 | | procedure, and shall meet at least 4 times each year. |
8 | | The Department Board may employ an Executive Director and |
9 | | other necessary clerical and technical personnel to provide |
10 | | administrative support for the Board . Special meetings of the |
11 | | Board may be called at any time by the Chairman or upon the |
12 | | request of any 2 members. The members of the Board shall serve |
13 | | without compensation but shall be entitled to reimbursement |
14 | | for their actual expenses in attending meetings and in the |
15 | | performance of their duties hereunder from funds appropriated |
16 | | for that purpose. |
17 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
18 | | (55 ILCS 135/20) |
19 | | Sec. 20. Powers of the Department Board . The Department |
20 | | Board has the following powers and duties to carry out the |
21 | | purposes of this Act : |
22 | | (a) To require units of local government to furnish such |
23 | | reports and information as the Board deems necessary to fully |
24 | | implement this Act. |
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1 | | (b) To establish by rule appropriate mandatory minimum |
2 | | standards relating to the training of coroners, including, but |
3 | | not limited to, Part 1760 of Chapter V of Title 20 of the |
4 | | Illinois Administrative Code. The Department Board shall |
5 | | consult with the Illinois Coroners and Medical Examiners |
6 | | Association when adopting mandatory minimum standards. |
7 | | (c) To provide appropriate certification to those coroners |
8 | | who successfully complete the prescribed minimum standard |
9 | | basic training course. |
10 | | (d) To review and approve annual training curricula |
11 | | curriculum for coroners. |
12 | | (e) To review and approve applicants to ensure no |
13 | | applicant is admitted to a coroner training school unless the |
14 | | applicant is a person of good character and has not been |
15 | | convicted of a felony offense, any of the misdemeanors in |
16 | | Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, |
17 | | 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, |
18 | | or 32-7 of the Criminal Code of 1961 or the Criminal Code of |
19 | | 2012, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of |
20 | | the Criminal Code of 1961 or the Criminal Code of 2012, or |
21 | | subsection (a) of Section 17-32 of the Criminal Code of 1961 or |
22 | | the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis |
23 | | Control Act, or a crime involving moral turpitude under the |
24 | | laws of this State or any other state , or under federal law, |
25 | | which if committed in this State would be punishable as a |
26 | | felony or a crime of moral turpitude. The Department Board may |
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1 | | appoint investigators who shall enforce the duties conferred |
2 | | upon the Department Board by this Act. |
3 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
4 | | (55 ILCS 135/25) |
5 | | Sec. 25. Selection and certification of schools. The |
6 | | Department, through the Board , shall select and certify |
7 | | coroner training schools within or outside the State of |
8 | | Illinois for the purpose of providing basic training for |
9 | | coroners and of providing advanced or in-service training for |
10 | | coroners, which schools may be either publicly or privately |
11 | | owned and operated. This amendatory Act of the 104th General |
12 | | Assembly shall not affect the status of schools selected and |
13 | | certified by the Board before July 1, 2025. |
14 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
15 | | (55 ILCS 135/30) |
16 | | Sec. 30. Death investigation training; waiver for |
17 | | experience. |
18 | | (a) The Department, through the Board , shall conduct or |
19 | | approve a training program in death investigation for the |
20 | | training of coroners. Only coroners who successfully complete |
21 | | the training program may be assigned as lead investigators in |
22 | | a coroner's investigations. Satisfactory completion of the |
23 | | training program shall be evidenced by a certificate issued to |
24 | | the coroner by the Board. |
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1 | | (b) The Department, through the Board , shall develop a |
2 | | process for waiver applications sent from a coroner's office |
3 | | for those coroners whose prior training and experience as a |
4 | | death or homicide investigator may qualify them for a waiver. |
5 | | The Department, upon the recommendation of the Board, Board |
6 | | may issue a waiver at its discretion , based solely on the prior |
7 | | training and experience of a coroner as a death or homicide |
8 | | investigator. |
9 | | (c) This amendatory Act of the 104th General Assembly |
10 | | shall not affect the status of certifications or waivers |
11 | | issued by the Board prior to July 1, 2025. |
12 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
13 | | (55 ILCS 135/35) |
14 | | Sec. 35. Acceptance of contributions and gifts. The |
15 | | Department Board may accept contributions, capital grants, |
16 | | gifts, donations, services or other financial assistance from |
17 | | any individual, association, corporation, the United States of |
18 | | America and any of its agencies or instrumentalities, or any |
19 | | other organization having a legitimate interest in coroner |
20 | | training. |
21 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
22 | | Section 20-20. The Vital Records Act is amended by |
23 | | changing Section 25.5 as follows:
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1 | | (410 ILCS 535/25.5) |
2 | | Sec. 25.5. Death Certificate Surcharge Fund. The |
3 | | additional $2 fee for certified copies of death certificates |
4 | | and fetal death certificates must be deposited into the Death |
5 | | Certificate Surcharge Fund, a special fund created in the |
6 | | State treasury. Moneys Beginning 30 days after the effective |
7 | | date of this amendatory Act of the 92nd General Assembly and |
8 | | until January 1, 2003 and then beginning again on July 1, 2003 |
9 | | and until July 1, 2005, moneys in the Fund, subject to |
10 | | appropriation, may be used by the Department for the purpose |
11 | | of implementing an electronic reporting system for death |
12 | | registrations as provided in Section 18.5 of this Act. Before |
13 | | the effective date of this amendatory Act of the 92nd General |
14 | | Assembly, on and after January 1, 2003 and until July 1, 2003, |
15 | | and on and after July 1, 2005, moneys in the Fund, subject to |
16 | | appropriations, may be used as follows: (i) 25% by the |
17 | | Department of Public Health Coroner Training Board for the |
18 | | purpose of training coroners, deputy coroners, forensic |
19 | | pathologists, and police officers for death investigations and |
20 | | lodging and travel expenses relating to training, (ii) 25% for |
21 | | grants by the Department of Public Health for distribution to |
22 | | all local county coroners and medical examiners or officials |
23 | | charged with the duties set forth under Division 3-3 of the |
24 | | Counties Code, who have a different title, for equipment and |
25 | | lab facilities, (iii) 25% by the Department of Public Health |
26 | | for the purpose of setting up a statewide database of death |
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1 | | certificates and implementing an electronic reporting system |
2 | | for death registrations pursuant to Section 18.5, and (iv) 25% |
3 | | for a grant by the Department of Public Health to local |
4 | | registrars. |
5 | | (Source: P.A. 99-408, eff. 1-1-16 .)
|
6 | | Article 25.
|
7 | | Section 25-5. If and only if House Bill 1697 of the 104th |
8 | | General Assembly, as amended by Senate Amendment Nos. 2, 4, |
9 | | and 5, becomes law, the Illinois Insurance Code is amended by |
10 | | changing Section 513b2 as follows:
|
11 | | (215 ILCS 5/513b2) |
12 | | Sec. 513b2. Licensure requirements. |
13 | | (a) Beginning on July 1, 2020, to conduct business in this |
14 | | State, a pharmacy benefit manager must register with the |
15 | | Director. To initially register or renew a registration, a |
16 | | pharmacy benefit manager shall submit: |
17 | | (1) A nonrefundable fee not to exceed $500. |
18 | | (2) A copy of the registrant's corporate charter, |
19 | | articles of incorporation, or other charter document. |
20 | | (3) A completed registration form adopted by the |
21 | | Director containing: |
22 | | (A) The name and address of the registrant. |
23 | | (B) The name, address, and official position of |
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1 | | each officer and director of the registrant. |
2 | | (b) The registrant shall report any change in information |
3 | | required under this Section to the Director in writing within |
4 | | 60 days after the change occurs. |
5 | | (c) Upon receipt of a completed registration form, the |
6 | | required documents, and the registration fee, the Director |
7 | | shall issue a registration certificate. The certificate may be |
8 | | in paper or electronic form, and shall clearly indicate the |
9 | | expiration date of the registration. Registration certificates |
10 | | are nontransferable. |
11 | | (d) A registration certificate is valid for 2 years after |
12 | | its date of issue. The Director shall adopt by rule an initial |
13 | | registration fee not to exceed $500 and a registration renewal |
14 | | fee not to exceed $500, both of which shall be nonrefundable. |
15 | | Total fees may not exceed the cost of administering this |
16 | | Section. |
17 | | (e) The Department shall adopt any rules necessary to |
18 | | implement this Section. |
19 | | (f) On or before August 1, 2025, the pharmacy benefit |
20 | | manager shall submit a report to the Department that lists the |
21 | | name of each health benefit plan it administers, provides the |
22 | | number of covered individuals for each health benefit plan as |
23 | | of the date of submission, and provides the total number of |
24 | | covered individuals across all health benefit plans the |
25 | | pharmacy benefit manager administers. On or before September |
26 | | 1, 2025, a registered pharmacy benefit manager, as a condition |
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1 | | of its authority to transact business in this State, must |
2 | | submit to the Department an amount equal to $15 or an alternate |
3 | | amount as determined by the Director by rule per covered |
4 | | individual enrolled by the pharmacy benefit manager in this |
5 | | State, as detailed in the report submitted to the Department |
6 | | under this subsection, during the preceding calendar year. On |
7 | | or before September 1, 2026 and each September 1 thereafter, |
8 | | payments submitted under this subsection shall be based on the |
9 | | number of covered individuals reported to the Department in |
10 | | Section 513b1.1. |
11 | | (g) All amounts collected under this Section shall be |
12 | | deposited into the Prescription Drug Affordability Fund, which |
13 | | is hereby created as a special fund in the State treasury. Of |
14 | | the amounts collected under this Section each fiscal year, at |
15 | | the direction of the Department , the Comptroller shall direct |
16 | | and the Treasurer shall transfer the first $25,000,000 into |
17 | | the DCEO Projects Fund for grants to support pharmacies under |
18 | | Section 605-60 of the Department of Commerce and Economic |
19 | | Opportunity Law ; then, at the direction of the Department, the |
20 | | Comptroller shall direct and the Treasurer shall transfer the |
21 | | remainder of the amounts collected under this Section into the |
22 | | General Revenue Fund . |
23 | | (Source: P.A. 101-452, eff. 1-1-20; 104HB1697sam002, sam004, |
24 | | and sam005.)
|
25 | | Article 27.
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1 | | Section 27-5. The Department of Public Health Powers and |
2 | | Duties Law of the Civil Administrative Code of Illinois is |
3 | | amended by changing Section 2310-362 as follows:
|
4 | | (20 ILCS 2310/2310-362) |
5 | | Sec. 2310-362. The Autoimmune Disease Research Fund. |
6 | | (a) The Autoimmune Disease Research Fund is created as a |
7 | | special fund in the State treasury. From appropriations to the |
8 | | Department from the Fund, the Department shall make grants to |
9 | | public and private entities in the State for the purpose of |
10 | | funding research for the treatment and cure of autoimmune |
11 | | diseases. |
12 | | (b) For the purposes of this Section: |
13 | | "Autoimmune disease" means any disease that results from |
14 | | an aberrant immune response, including, without limitation, |
15 | | rheumatoid arthritis, systemic lupus erythematosus, and |
16 | | scleroderma. |
17 | | "Research" includes, without limitation, expenditures to |
18 | | develop and advance the understanding, techniques, and |
19 | | modalities effective in the detection, prevention, screening, |
20 | | and treatment of autoimmune disease and may include clinical |
21 | | trials. "Research" does not include institutional overhead |
22 | | costs, indirect costs, other organizational levies, or costs |
23 | | of community-based support services. |
24 | | (c) Moneys received for the purposes of this Section, |
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1 | | including, without limitation, income tax checkoff receipts |
2 | | and gifts, grants, and awards from any public or private |
3 | | entity, must be deposited into the Fund. Any interest earnings |
4 | | that are attributable to moneys in the Fund must be deposited |
5 | | into the Fund. |
6 | | (d) Notwithstanding any other provision of law, in |
7 | | addition to any other transfers that may be provided by law, on |
8 | | July 1, 2025, or as soon thereafter as practical, the State |
9 | | Comptroller shall direct and the State Treasurer shall |
10 | | transfer the remaining balance from the Autoimmune Disease |
11 | | Research Fund into the Multiple Sclerosis Research Fund. Upon |
12 | | completion of the transfers, the Autoimmune Disease Research |
13 | | Fund is dissolved, and any future deposits due to that Fund and |
14 | | any outstanding obligations or liabilities of that Fund pass |
15 | | to the Multiple Sclerosis Research Fund. |
16 | | (e) This Section is repealed on January 1, 2026. |
17 | | (Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
|
18 | | Section 27-10. The State Finance Act is amended by |
19 | | changing Sections 5.688, 5.824, and 6z-94 as follows:
|
20 | | (30 ILCS 105/5.688) |
21 | | Sec. 5.688. The Autoimmune Disease Research Fund. This |
22 | | Section is repealed on January 1, 2026. |
23 | | (Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
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1 | | (30 ILCS 105/5.824) |
2 | | Sec. 5.824. The Children's Wellness Charities Fund. This |
3 | | Section is repealed on January 1, 2026. |
4 | | (Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)
|
5 | | (30 ILCS 105/6z-94) |
6 | | Sec. 6z-94. The Children's Wellness Charities Fund; |
7 | | creation. The Children's Wellness Charities Fund is created as |
8 | | a special fund in the State treasury. Moneys in the Fund shall |
9 | | be used by the Department of Human Services to make grants to |
10 | | public or private not-for-profit entities for the purpose of |
11 | | administering grants to children's health and well-being |
12 | | charities located in Illinois. For the purposes of this |
13 | | Section, "children's health and well-being charities" include, |
14 | | but are not limited to, charities that provide mobile care |
15 | | centers, free or low-cost lodging, or other services to assist |
16 | | children who are being treated for illnesses and their |
17 | | families. For the purposes of this Section, "mobile care |
18 | | center" means any vehicle built specifically for delivering |
19 | | pediatric health care services. Notwithstanding any other |
20 | | provision of law, in addition to any other transfers that may |
21 | | be provided by law, on July 1, 2025, or as soon thereafter as |
22 | | practical, the State Comptroller shall direct and the State |
23 | | Treasurer shall transfer the remaining balance from the |
24 | | Children's Wellness Charities Fund into the Ronald McDonald |
25 | | House Charities Fund. Upon completion of the transfers, the |
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1 | | Children's Wellness Charities Fund is dissolved, and any |
2 | | future deposits due to that Fund and any outstanding |
3 | | obligations or liabilities of that Fund pass to the Ronald |
4 | | McDonald House Charities Fund. |
5 | | This Section is repealed on January 1, 2026. |
6 | | (Source: P.A. 97-1117, eff. 8-27-12.)
|
7 | | (35 ILCS 5/507QQ rep.) |
8 | | (35 ILCS 5/507BBB rep.) |
9 | | Section 27-15. The Illinois Income Tax Act is amended by |
10 | | repealing Sections 507QQ and 507BBB.
|
11 | | Article 30.
|
12 | | Section 30-5. The Election Code is amended by changing |
13 | | Section 1A-50 as follows:
|
14 | | (10 ILCS 5/1A-50) |
15 | | Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC |
16 | | Operations Trust Fund (Trust Fund) is created as a |
17 | | nonappropriated trust fund to be held outside of the State |
18 | | treasury, with the State Treasurer as ex officio custodian. |
19 | | The Trust Fund shall be financed by a combination of private |
20 | | donations and by appropriations by the General Assembly. The |
21 | | Board may accept from all sources, contributions, grants, |
22 | | gifts, bequeaths, legacies of money, and securities to be |
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1 | | deposited into the Trust Fund. All deposits shall become part |
2 | | of the Trust Fund corpus. Moneys in the Trust Fund are not |
3 | | subject to appropriation and shall be used by the Board solely |
4 | | for the costs and expenses related to the participation in the |
5 | | Electronic Registration Information Center pursuant to this |
6 | | Code. |
7 | | All gifts, grants, assets, funds, or moneys received by |
8 | | the Board for the purpose of participation in the Electronic |
9 | | Registration Information Center shall be deposited and held in |
10 | | the Trust Fund by the State Treasurer separate and apart from |
11 | | all public moneys or funds of this State and shall be |
12 | | administered by the Board exclusively for the purposes set |
13 | | forth in this Section. All moneys in the Trust Fund shall be |
14 | | invested and reinvested by the State Treasurer. All interest |
15 | | accruing from these investments shall be deposited into in the |
16 | | Trust Fund. |
17 | | The ERIC Operations Trust Fund is not subject to sweeps, |
18 | | administrative chargebacks charge-backs , or any other fiscal |
19 | | or budgetary maneuver that would in any way transfer any |
20 | | amounts from the ERIC Operations Trust Fund into any other |
21 | | fund of the State. |
22 | | On July 1, 2025, or as soon thereafter as practical, the |
23 | | State Comptroller shall direct and the State Treasurer shall |
24 | | transfer the remaining balance from the ERIC Operations Trust |
25 | | Fund into the Elections Special Projects Fund. Upon completion |
26 | | of the transfer, the ERIC Operations Trust Fund is dissolved, |
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1 | | and any future deposits due to that Fund and any outstanding |
2 | | obligations or liabilities of that Fund pass to the Elections |
3 | | Special Projects Fund. |
4 | | (Source: P.A. 99-522, eff. 6-30-16.)
|
5 | | Section 30-10. The State Treasurer Act is amended by |
6 | | changing Section 18 as follows:
|
7 | | (15 ILCS 505/18) |
8 | | Sec. 18. Banking and automated teller machine services. |
9 | | (a) The Treasurer may enter into written agreements with |
10 | | financial institutions for the provision of banking services |
11 | | at the State Capitol and with automated teller machine |
12 | | providers for the provision of automated teller machine |
13 | | services at State office buildings, State parks, State tourism |
14 | | centers, and State fairs at Springfield and DuQuoin. The |
15 | | Treasurer shall establish competitive procedures for the |
16 | | selection of financial institutions and automated teller |
17 | | machine providers to provide the services authorized under |
18 | | this Section. No State agency may procure services authorized |
19 | | by this Section without the approval of the Treasurer. |
20 | | (b) The Treasurer shall enter into written agreements with |
21 | | the authorities having jurisdiction of the property where the |
22 | | services are intended to be provided. These agreements shall |
23 | | include, but need not be limited to, the quantity of machines |
24 | | to be located at the property and the exact location of the |
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1 | | service or machine and shall establish responsibility for |
2 | | payment of expenses incurred in locating the machine or |
3 | | service. |
4 | | (c) The Treasurer's agreement with a financial institution |
5 | | or automated teller machine providers may authorize the |
6 | | financial institution or automated teller machine providers to |
7 | | provide any or all of the banking services that the financial |
8 | | institution or automated teller machine providers is otherwise |
9 | | authorized by law to provide to the public. |
10 | | The Treasurer's agreement with a financial institution or |
11 | | automated teller machine providers shall establish the amount |
12 | | of compensation to be paid by the financial institution. The |
13 | | financial institution or automated teller machine providers |
14 | | shall pay the compensation to the Treasurer in accordance with |
15 | | the terms of the agreement. The Treasurer shall deposit moneys |
16 | | received under this Section into the State Treasurer's Bank |
17 | | Services Trust Fund. |
18 | | (d) This Section does not apply to a State office building |
19 | | in which a currency exchange or a credit union providing |
20 | | financial services located in the building on July 1, 1995 |
21 | | (the effective date of Public Act 88-640) is operating. |
22 | | (e) (Blank). Notwithstanding any other provision of law to |
23 | | the contrary, and in addition to any other transfers that may |
24 | | be provided by law, within 30 days of the effective date of |
25 | | this amendatory Act of the 103rd General Assembly, or as soon |
26 | | thereafter as practicable, the State Comptroller shall direct |
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1 | | and the State Treasurer shall transfer the remaining balance |
2 | | from the Treasurer's Rental Fee Fund into the State |
3 | | Treasurer's Bank Services Trust Fund. Upon completion of the |
4 | | transfer, the Treasurer's Rental Fee Fund is dissolved, and |
5 | | any future deposits due to that Fund and any outstanding |
6 | | obligations or liabilities of that Fund shall pass to the |
7 | | State Treasurer's Bank Services Trust Fund. |
8 | | (Source: P.A. 103-234, eff. 1-1-24 .)
|
9 | | Section 30-15. The Substance Use Disorder Act is amended |
10 | | by changing Sections 5-10, 50-5, 50-25, 50-30, and 50-35 as |
11 | | follows:
|
12 | | (20 ILCS 301/5-10) |
13 | | Sec. 5-10. Functions of the Department. |
14 | | (a) In addition to the powers, duties and functions vested |
15 | | in the Department by this Act, or by other laws of this State, |
16 | | the Department shall carry out the following activities: |
17 | | (1) Design, coordinate and fund comprehensive |
18 | | community-based and culturally and gender-appropriate |
19 | | services throughout the State. These services must include |
20 | | prevention, early intervention, treatment, and other |
21 | | recovery support services for substance use disorders that |
22 | | are accessible and address the needs of at-risk |
23 | | individuals and their families. |
24 | | (2) Act as the exclusive State agency to accept, |
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1 | | receive and expend, pursuant to appropriation, any public |
2 | | or private monies, grants or services, including those |
3 | | received from the federal government or from other State |
4 | | agencies, for the purpose of providing prevention, early |
5 | | intervention, treatment, and other recovery support |
6 | | services for substance use disorders. |
7 | | (2.5) In partnership with the Department of Healthcare |
8 | | and Family Services, act as one of the principal State |
9 | | agencies for the sole purpose of calculating the |
10 | | maintenance of effort requirement under Section 1930 of |
11 | | Title XIX, Part B, Subpart II of the Public Health Service |
12 | | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR |
13 | | 96.134). |
14 | | (3) Coordinate a statewide strategy for the |
15 | | prevention, early intervention, treatment, and recovery |
16 | | support of substance use disorders. This strategy shall |
17 | | include the development of a comprehensive plan, submitted |
18 | | annually with the application for federal substance use |
19 | | disorder block grant funding, for the provision of an |
20 | | array of such services. The plan shall be based on local |
21 | | community-based needs and upon data including, but not |
22 | | limited to, that which defines the prevalence of and costs |
23 | | associated with substance use disorders. This |
24 | | comprehensive plan shall include identification of |
25 | | problems, needs, priorities, services and other pertinent |
26 | | information, including the needs of minorities and other |
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1 | | specific priority populations in the State, and shall |
2 | | describe how the identified problems and needs will be |
3 | | addressed. For purposes of this paragraph, the term |
4 | | "minorities and other specific priority populations" may |
5 | | include, but shall not be limited to, groups such as |
6 | | women, children, intravenous drug users, persons with AIDS |
7 | | or who are HIV infected, veterans, African-Americans, |
8 | | Puerto Ricans, Hispanics, Asian Americans, the elderly, |
9 | | persons in the criminal justice system, persons who are |
10 | | clients of services provided by other State agencies, |
11 | | persons with disabilities and such other specific |
12 | | populations as the Department may from time to time |
13 | | identify. In developing the plan, the Department shall |
14 | | seek input from providers, parent groups, associations and |
15 | | interested citizens. |
16 | | The plan developed under this Section shall include an |
17 | | explanation of the rationale to be used in ensuring that |
18 | | funding shall be based upon local community needs, |
19 | | including, but not limited to, the incidence and |
20 | | prevalence of, and costs associated with, substance use |
21 | | disorders, as well as upon demonstrated program |
22 | | performance. |
23 | | The plan developed under this Section shall also |
24 | | contain a report detailing the activities of and progress |
25 | | made through services for the care and treatment of |
26 | | substance use disorders among pregnant women and mothers |
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1 | | and their children established under subsection (j) of |
2 | | Section 35-5. |
3 | | As applicable, the plan developed under this Section |
4 | | shall also include information about funding by other |
5 | | State agencies for prevention, early intervention, |
6 | | treatment, and other recovery support services. |
7 | | (4) Lead, foster and develop cooperation, coordination |
8 | | and agreements among federal and State governmental |
9 | | agencies and local providers that provide assistance, |
10 | | services, funding or other functions, peripheral or |
11 | | direct, in the prevention, early intervention, treatment, |
12 | | and recovery support for substance use disorders. This |
13 | | shall include, but shall not be limited to, the following: |
14 | | (A) Cooperate with and assist other State |
15 | | agencies, as applicable, in establishing and |
16 | | conducting substance use disorder services among the |
17 | | populations they respectively serve. |
18 | | (B) Cooperate with and assist the Illinois |
19 | | Department of Public Health in the establishment, |
20 | | funding and support of programs and services for the |
21 | | promotion of maternal and child health and the |
22 | | prevention and treatment of infectious diseases, |
23 | | including , but not limited to , HIV infection, |
24 | | especially with respect to those persons who are high |
25 | | risk due to intravenous injection of illegal drugs, or |
26 | | who may have been sexual partners of these |
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1 | | individuals, or who may have impaired immune systems |
2 | | as a result of a substance use disorder. |
3 | | (C) Supply to the Department of Public Health and |
4 | | prenatal care providers a list of all providers who |
5 | | are licensed to provide substance use disorder |
6 | | treatment for pregnant women in this State. |
7 | | (D) Assist in the placement of child abuse or |
8 | | neglect perpetrators (identified by the Illinois |
9 | | Department of Children and Family Services (DCFS)) who |
10 | | have been determined to be in need of substance use |
11 | | disorder treatment pursuant to Section 8.2 of the |
12 | | Abused and Neglected Child Reporting Act. |
13 | | (E) Cooperate with and assist DCFS in carrying out |
14 | | its mandates to: |
15 | | (i) identify substance use disorders among its |
16 | | clients and their families; and |
17 | | (ii) develop services to deal with such |
18 | | disorders. |
19 | | These services may include, but shall not be limited |
20 | | to, programs to prevent or treat substance use |
21 | | disorders with DCFS clients and their families, |
22 | | identifying child care needs within such treatment, |
23 | | and assistance with other issues as required. |
24 | | (F) Cooperate with and assist the Illinois |
25 | | Criminal Justice Information Authority with respect to |
26 | | statistical and other information concerning the |
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1 | | incidence and prevalence of substance use disorders. |
2 | | (G) Cooperate with and assist the State |
3 | | Superintendent of Education, boards of education, |
4 | | schools, police departments, the Illinois State |
5 | | Police, courts and other public and private agencies |
6 | | and individuals in establishing prevention programs |
7 | | statewide and preparing curriculum materials for use |
8 | | at all levels of education. |
9 | | (H) Cooperate with and assist the Illinois |
10 | | Department of Healthcare and Family Services in the |
11 | | development and provision of services offered to |
12 | | recipients of public assistance for the treatment and |
13 | | prevention of substance use disorders. |
14 | | (I) (Blank). |
15 | | (5) From monies appropriated to the Department from |
16 | | the Drunk and Drugged Driving Prevention Fund, reimburse |
17 | | DUI evaluation and risk education programs licensed by the |
18 | | Department for providing indigent persons with free or |
19 | | reduced-cost evaluation and risk education services |
20 | | relating to a charge of driving under the influence of |
21 | | alcohol or other drugs. |
22 | | (6) Promulgate regulations to identify and disseminate |
23 | | best practice guidelines that can be utilized by publicly |
24 | | and privately funded programs as well as for levels of |
25 | | payment to government funded programs that provide |
26 | | prevention, early intervention, treatment, and other |
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1 | | recovery support services for substance use disorders and |
2 | | those services referenced in Sections 15-10 and 40-5. |
3 | | (7) In consultation with providers and related trade |
4 | | associations, specify a uniform methodology for use by |
5 | | funded providers and the Department for billing and |
6 | | collection and dissemination of statistical information |
7 | | regarding services related to substance use disorders. |
8 | | (8) Receive data and assistance from federal, State |
9 | | and local governmental agencies, and obtain copies of |
10 | | identification and arrest data from all federal, State and |
11 | | local law enforcement agencies for use in carrying out the |
12 | | purposes and functions of the Department. |
13 | | (9) Designate and license providers to conduct |
14 | | screening, assessment, referral and tracking of clients |
15 | | identified by the criminal justice system as having |
16 | | indications of substance use disorders and being eligible |
17 | | to make an election for treatment under Section 40-5 of |
18 | | this Act, and assist in the placement of individuals who |
19 | | are under court order to participate in treatment. |
20 | | (10) Identify and disseminate evidence-based best |
21 | | practice guidelines as maintained in administrative rule |
22 | | that can be utilized to determine a substance use disorder |
23 | | diagnosis. |
24 | | (11) (Blank). |
25 | | (12) Make grants with funds appropriated from the Drug |
26 | | Treatment Fund in accordance with Section 50-35 of this |
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1 | | Act 7 of the Controlled Substance and Cannabis Nuisance |
2 | | Act, or in accordance with Section 80 of the |
3 | | Methamphetamine Control and Community Protection Act, or |
4 | | in accordance with subsections (h) and (i) of Section |
5 | | 411.2 of the Illinois Controlled Substances Act, or in |
6 | | accordance with Section 6z-107 of the State Finance Act . |
7 | | (13) Encourage all health and disability insurance |
8 | | programs to include substance use disorder treatment as a |
9 | | covered service and to use evidence-based best practice |
10 | | criteria as maintained in administrative rule and as |
11 | | required in Public Act 99-0480 in determining the |
12 | | necessity for such services and continued stay. |
13 | | (14) Award grants and enter into fixed-rate and |
14 | | fee-for-service arrangements with any other department, |
15 | | authority or commission of this State, or any other state |
16 | | or the federal government or with any public or private |
17 | | agency, including the disbursement of funds and furnishing |
18 | | of staff, to effectuate the purposes of this Act. |
19 | | (15) Conduct a public information campaign to inform |
20 | | the State's Hispanic residents regarding the prevention |
21 | | and treatment of substance use disorders. |
22 | | (b) In addition to the powers, duties and functions vested |
23 | | in it by this Act, or by other laws of this State, the |
24 | | Department may undertake, but shall not be limited to, the |
25 | | following activities: |
26 | | (1) Require all organizations licensed or funded by |
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1 | | the Department to include an education component to inform |
2 | | participants regarding the causes and means of |
3 | | transmission and methods of reducing the risk of acquiring |
4 | | or transmitting HIV infection and other infectious |
5 | | diseases, and to include funding for such education |
6 | | component in its support of the program. |
7 | | (2) Review all State agency applications for federal |
8 | | funds that include provisions relating to the prevention, |
9 | | early intervention and treatment of substance use |
10 | | disorders in order to ensure consistency. |
11 | | (3) Prepare, publish, evaluate, disseminate and serve |
12 | | as a central repository for educational materials dealing |
13 | | with the nature and effects of substance use disorders. |
14 | | Such materials may deal with the educational needs of the |
15 | | citizens of Illinois, and may include at least pamphlets |
16 | | that describe the causes and effects of fetal alcohol |
17 | | spectrum disorders. |
18 | | (4) Develop and coordinate, with regional and local |
19 | | agencies, education and training programs for persons |
20 | | engaged in providing services for persons with substance |
21 | | use disorders, which programs may include specific HIV |
22 | | education and training for program personnel. |
23 | | (5) Cooperate with and assist in the development of |
24 | | education, prevention, early intervention, and treatment |
25 | | programs for employees of State and local governments and |
26 | | businesses in the State. |
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1 | | (6) Utilize the support and assistance of interested |
2 | | persons in the community, including recovering persons, to |
3 | | assist individuals and communities in understanding the |
4 | | dynamics of substance use disorders, and to encourage |
5 | | individuals with substance use disorders to voluntarily |
6 | | undergo treatment. |
7 | | (7) Promote, conduct, assist or sponsor basic |
8 | | clinical, epidemiological and statistical research into |
9 | | substance use disorders and research into the prevention |
10 | | of those problems either solely or in conjunction with any |
11 | | public or private agency. |
12 | | (8) Cooperate with public and private agencies, |
13 | | organizations and individuals in the development of |
14 | | programs, and to provide technical assistance and |
15 | | consultation services for this purpose. |
16 | | (9) (Blank). |
17 | | (10) (Blank). |
18 | | (11) Fund, promote, or assist entities dealing with |
19 | | substance use disorders. |
20 | | (12) With monies appropriated from the Group Home Loan |
21 | | Revolving Fund, make loans, directly or through |
22 | | subcontract, to assist in underwriting the costs of |
23 | | housing in which individuals recovering from substance use |
24 | | disorders may reside, pursuant to Section 50-40 of this |
25 | | Act. |
26 | | (13) Promulgate such regulations as may be necessary |
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1 | | to carry out the purposes and enforce the provisions of |
2 | | this Act. |
3 | | (14) Provide funding to help parents be effective in |
4 | | preventing substance use disorders by building an |
5 | | awareness of the family's role in preventing substance use |
6 | | disorders through adjusting expectations, developing new |
7 | | skills, and setting positive family goals. The programs |
8 | | shall include, but not be limited to, the following |
9 | | subjects: healthy family communication; establishing rules |
10 | | and limits; how to reduce family conflict; how to build |
11 | | self-esteem, competency, and responsibility in children; |
12 | | how to improve motivation and achievement; effective |
13 | | discipline; problem solving techniques; and how to talk |
14 | | about drugs and alcohol. The programs shall be open to all |
15 | | parents. |
16 | | (15) Establish an Opioid Remediation Services Capital |
17 | | Investment Grant Program. The Department may, subject to |
18 | | appropriation and approval through the Opioid Overdose |
19 | | Prevention and Recovery Steering Committee, after |
20 | | recommendation by the Illinois Opioid Remediation Advisory |
21 | | Board, and certification by the Office of the Attorney |
22 | | General, make capital improvement grants to units of local |
23 | | government and substance use prevention, treatment, and |
24 | | recovery service providers addressing opioid remediation |
25 | | in the State for approved abatement uses under the |
26 | | Illinois Opioid Allocation Agreement. The Illinois Opioid |
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1 | | Remediation State Trust Fund shall be the source of |
2 | | funding for the program. Eligible grant recipients shall |
3 | | be units of local government and substance use prevention, |
4 | | treatment, and recovery service providers that offer |
5 | | facilities and services in a manner that supports and |
6 | | meets the approved uses of the opioid settlement funds. |
7 | | Eligible grant recipients have no entitlement to a grant |
8 | | under this Section. The Department of Human Services may |
9 | | consult with the Capital Development Board, the Department |
10 | | of Commerce and Economic Opportunity, and the Illinois |
11 | | Housing Development Authority to adopt rules to implement |
12 | | this Section and may create a competitive application |
13 | | procedure for grants to be awarded. The rules may specify |
14 | | the manner of applying for grants; grantee eligibility |
15 | | requirements; project eligibility requirements; |
16 | | restrictions on the use of grant moneys; the manner in |
17 | | which grantees must account for the use of grant moneys; |
18 | | and any other provision that the Department of Human |
19 | | Services determines to be necessary or useful for the |
20 | | administration of this Section. Rules may include a |
21 | | requirement for grantees to provide local matching funds |
22 | | in an amount equal to a specific percentage of the grant. |
23 | | No portion of an opioid remediation services capital |
24 | | investment grant awarded under this Section may be used by |
25 | | a grantee to pay for any ongoing operational costs or |
26 | | outstanding debt. The Department of Human Services may |
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1 | | consult with the Capital Development Board, the Department |
2 | | of Commerce and Economic Opportunity, and the Illinois |
3 | | Housing Development Authority in the management and |
4 | | disbursement of funds for capital-related projects. The |
5 | | Capital Development Board, the Department of Commerce and |
6 | | Economic Opportunity, and the Illinois Housing Development |
7 | | Authority shall act in a consulting role only for the |
8 | | evaluation of applicants, scoring of applicants, or |
9 | | administration of the grant program. |
10 | | (c) There is created within the Department of Human |
11 | | Services an Office of Opioid Settlement Administration. The |
12 | | Office shall be responsible for implementing and administering |
13 | | approved abatement programs as described in Exhibit B of the |
14 | | Illinois Opioid Allocation Agreement, effective December 30, |
15 | | 2021. The Office may also implement and administer other |
16 | | opioid-related programs, including , but not limited to , |
17 | | prevention, treatment, and recovery services from other funds |
18 | | made available to the Department of Human Services. The |
19 | | Secretary of Human Services shall appoint or assign staff as |
20 | | necessary to carry out the duties and functions of the Office. |
21 | | (Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22; |
22 | | 103-8, eff. 6-7-23.)
|
23 | | (20 ILCS 301/50-5) |
24 | | Sec. 50-5. Prevention and Treatment of Alcoholism and |
25 | | Substance Abuse Block Grant Fund. Monies received from the |
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1 | | federal government under the Block Grant for the Prevention |
2 | | and Treatment of Alcoholism and Substance Abuse shall be |
3 | | deposited into the Prevention and Treatment of Alcoholism and |
4 | | Substance Abuse Block Grant Fund which is hereby created as a |
5 | | federal trust special fund in the State treasury. Monies in |
6 | | this fund shall be appropriated to the Department and expended |
7 | | for the purposes and activities specified by federal law or |
8 | | regulation. |
9 | | (Source: P.A. 88-80.)
|
10 | | (20 ILCS 301/50-25) |
11 | | Sec. 50-25. Youth Alcoholism and Substance Abuse |
12 | | Prevention Fund. There is hereby created in the State treasury |
13 | | a special Fund to be known as the Youth Alcoholism and |
14 | | Substance Abuse Prevention Fund. Monies in this Fund shall be |
15 | | appropriated to the Department and expended for the purpose of |
16 | | helping support and establish community-based community based |
17 | | alcohol and other drug abuse prevention programs. On June 30, |
18 | | 2026, or as soon thereafter as practical, the State |
19 | | Comptroller shall direct and the State Treasurer shall |
20 | | transfer the remaining balance from the Youth Alcoholism and |
21 | | Substance Abuse Prevention Fund into the General Revenue Fund. |
22 | | Upon completion of the transfer, the Youth Alcoholism and |
23 | | Substance Abuse Prevention Fund is dissolved, and any future |
24 | | deposits due to that Fund and any outstanding obligations or |
25 | | liabilities of that Fund shall pass to the General Revenue |
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1 | | Fund. This Section is repealed on January 1, 2027. |
2 | | (Source: P.A. 91-25, eff. 6-9-99.)
|
3 | | (20 ILCS 301/50-30) |
4 | | Sec. 50-30. Youth Drug Abuse Prevention Fund. |
5 | | (a) There is hereby established the Youth Drug Abuse |
6 | | Prevention Fund, to be held as a separate fund in the State |
7 | | treasury. Monies in this fund shall be appropriated to the |
8 | | Department and expended for grants to community-based agencies |
9 | | or non-profit organizations providing residential or |
10 | | nonresidential treatment or prevention programs or any |
11 | | combination thereof. |
12 | | (b) (Blank). There shall be deposited into the Youth Drug |
13 | | Abuse Prevention Fund such monies as may be received under the |
14 | | income tax checkoff provided for in subsection (b) of this |
15 | | Section. There shall also be deposited into this fund such |
16 | | monies as may be received under: |
17 | | (1) subsection (a) of Section 10.2 of the Cannabis |
18 | | Control Act. |
19 | | (2) subsection (a) of Section 413 of the Illinois |
20 | | Controlled Substances Act. |
21 | | (3) subsection (a) of Section 5.2 of the Narcotics |
22 | | Profit Forfeiture Act. |
23 | | (4) Sections 5-9-1.1 and 5-9-1.2 of the Unified Code |
24 | | of Corrections. |
25 | | (c) On June 30, 2026, or as soon thereafter as practical, |
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1 | | the State Comptroller shall direct and the State Treasurer |
2 | | shall transfer the remaining balance from the Youth Drug Abuse |
3 | | Prevention Fund into the Drug Treatment Fund. Upon completion |
4 | | of the transfer, the Youth Drug Abuse Prevention Fund is |
5 | | dissolved, and any future deposits due to that Fund and any |
6 | | outstanding obligations or liabilities of that Fund shall pass |
7 | | to the Drug Treatment Fund. |
8 | | (d) This Section is repealed on January 1, 2027. |
9 | | (Source: P.A. 88-80.)
|
10 | | (20 ILCS 301/50-35) |
11 | | Sec. 50-35. Drug Treatment Fund. |
12 | | (a) The There is hereby established the Drug Treatment |
13 | | Fund is hereby established as a special fund within the State |
14 | | treasury , to be held as a separate fund in the State treasury . |
15 | | There shall be deposited into this fund such amounts as may be |
16 | | provided by law received under subsections (h) and (i) of |
17 | | Section 411.2 of the Illinois Controlled Substances Act, under |
18 | | Section 80 of the Methamphetamine Control and Community |
19 | | Protection Act, and under Section 7 of the Controlled |
20 | | Substance and Cannabis Nuisance Act, or under Section 6z-107 |
21 | | of the State Finance Act . |
22 | | (b) Moneys Monies in this fund shall be appropriated to |
23 | | the Department for grants to community-based agencies or |
24 | | nonprofit organizations providing residential or |
25 | | nonresidential treatment or prevention programs or any |
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1 | | combination of those programs or as otherwise provided by law |
2 | | the purposes and activities set forth in subsections (h) and |
3 | | (i) of Section 411.2 of the Illinois Controlled Substances |
4 | | Act, or in Section 7 of the Controlled Substance and Cannabis |
5 | | Nuisance Act, or in Section 6z-107 of the State Finance Act . |
6 | | (Source: P.A. 101-10, eff. 6-5-19.)
|
7 | | Section 30-20. The Children and Family Services Act is |
8 | | amended by changing Section 4a as follows:
|
9 | | (20 ILCS 505/4a) (from Ch. 23, par. 5004a) |
10 | | Sec. 4a. (a) To administer child abuse prevention shelters |
11 | | and service programs for abused and neglected children, or |
12 | | provide for their administration by not-for-profit |
13 | | corporations, community-based organizations or units of local |
14 | | government. |
15 | | The Department is hereby designated the single State |
16 | | agency for planning and coordination of child abuse and |
17 | | neglect prevention programs and services. On or before the |
18 | | first Friday in October of each year, the Department shall |
19 | | submit to the Governor and the General Assembly a State |
20 | | comprehensive child abuse and neglect prevention plan. The |
21 | | plan shall: identify priorities, goals and objectives; |
22 | | identify the resources necessary to implement the plan, |
23 | | including estimates of resources needed to investigate or |
24 | | otherwise process reports of suspected child abuse or neglect |
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1 | | and to provide necessary follow-up services for child |
2 | | protection, family preservation and family reunification in |
3 | | "indicated" cases as determined under the Abused and Neglected |
4 | | Child Reporting Act; make proposals for the most effective use |
5 | | of existing resources to implement the plan, including |
6 | | recommendations for the optimum use of private, local public, |
7 | | State and federal resources; and propose strategies for the |
8 | | development of additional resources to meet the goal of |
9 | | reducing the incidence of child abuse and neglect and reducing |
10 | | the number of reports of suspected child abuse and neglect |
11 | | made to the Department. |
12 | | (b) The administration of child abuse prevention, shelters |
13 | | and service programs under subsection (a) shall be funded in |
14 | | part by appropriations made from the DCFS Children's Services |
15 | | Child Abuse Prevention Fund , which is hereby created in the |
16 | | State Treasury, and in part by appropriations from the General |
17 | | Revenue Fund. All interest earned on monies in the Child Abuse |
18 | | Prevention Fund shall remain in such fund. The Department and |
19 | | the State Treasurer may accept funds as provided by Sections |
20 | | 507 and 508 of the Illinois Income Tax Act and unsolicited |
21 | | private donations for deposit into the Child Abuse Prevention |
22 | | Fund. Annual requests for appropriations for the purpose of |
23 | | providing child abuse and neglect prevention programs and |
24 | | services under this Section shall be made in separate and |
25 | | distinct line-items. In setting priorities for the direction |
26 | | and scope of such programs, the Director shall be advised by |
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1 | | the State-wide Citizen's Committee on Child Abuse and Neglect. |
2 | | (c) (Blank). |
3 | | (d) The Department shall have the power to make grants of |
4 | | monies to fund comprehensive community-based services to |
5 | | reduce the incidence of family dysfunction typified by child |
6 | | abuse and neglect; to diminish those factors found to increase |
7 | | family dysfunction; and to measure the effectiveness and costs |
8 | | of such services. |
9 | | (e) For implementing such intergovernmental cooperation |
10 | | and involvement, units of local government and public and |
11 | | private agencies may apply for and receive federal or State |
12 | | funds from the Department under this Act or seek and receive |
13 | | gifts from local philanthropic or other private local sources |
14 | | in order to augment any State funds appropriated for the |
15 | | purposes of this Act. |
16 | | (e-5) The Department may establish and maintain locally |
17 | | held funds to be individually known as the Youth in Care |
18 | | Support Fund. Moneys in these funds shall be used for |
19 | | purchases for the immediate needs of youth in care or for the |
20 | | immediate support needs of youth, families, and caregivers |
21 | | served by the Department. Moneys paid into funds shall be from |
22 | | appropriations made to the DCFS Children's Services Fund. |
23 | | Funds remaining in any Youth in Care Support Fund must be |
24 | | returned to the DCFS Children's Services Fund upon |
25 | | dissolution. Any warrant for payment to a vendor for the same |
26 | | product or service for a youth in care shall be payable to the |
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1 | | Department to reimburse the immediate payment from the Youth |
2 | | in Care Support Fund. |
3 | | (f) For the purposes of this Section: |
4 | | (1) The terms "abused child" and "neglected child" |
5 | | have meanings ascribed to them in Section 3 of the Abused |
6 | | and Neglected Child Reporting Act. |
7 | | (2) "Shelter" has the meaning ascribed to it in |
8 | | Section 1-3 of the Juvenile Court Act of 1987. |
9 | | (Source: P.A. 103-259, eff. 1-1-24; 103-588, eff. 1-1-25 .)
|
10 | | Section 30-25. The Department of Natural Resources |
11 | | (Conservation) Law of the Civil Administrative Code of |
12 | | Illinois is amended by changing Section 805-72 as follows:
|
13 | | (20 ILCS 805/805-72) |
14 | | Sec. 805-72. Lyme Disease Innovation Program. |
15 | | (a) The Department shall consult with the Department of |
16 | | Agriculture, the Department of Public Health, and members of |
17 | | the University of Illinois' INHS Medical Entomology Program to |
18 | | establish the Lyme Disease Innovation Program no later than |
19 | | one year after August 11, 2023 ( the effective date of Public |
20 | | Act 103-557) this amendatory Act of the 103rd General |
21 | | Assembly . The Department shall contract with an Illinois |
22 | | not-for-profit organization whose purpose is to raise |
23 | | awareness of tick-borne diseases with the public and the |
24 | | medical community to operate the Program. The Program's |
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1 | | purpose is to raise awareness with the public and to assist |
2 | | persons at risk of Lyme disease and other tick-borne diseases |
3 | | with education and awareness materials and campaigns while |
4 | | developing evidence-based approaches that are cost-effective. |
5 | | (b) The Program shall implement a statewide interagency |
6 | | and multipronged approach to combat Lyme disease and other |
7 | | tick-borne diseases in Illinois, including adopting an |
8 | | evidence-based model that recognizes the key roles that |
9 | | patients, advocates, and not-for-profit organizations have in |
10 | | fighting Lyme disease and tick-borne diseases. The Program's |
11 | | objectives include issuing grants, subject to the approval of |
12 | | the Department, to State agencies and Illinois not-for profit |
13 | | organizations from moneys in the Lyme Disease Awareness Fund, |
14 | | which is hereby established as a special fund in the State |
15 | | treasury, and other appropriations for the following purposes: |
16 | | (1) Bringing awareness of Lyme disease and tick-borne |
17 | | diseases by any one or more of the following methods: |
18 | | (A) creating innovative ideas and collaborations |
19 | | for raising awareness about risks and prevention; |
20 | | (B) amplifying and improving access to essential |
21 | | information supporting innovations in prevention, |
22 | | education, and care with open data and science; |
23 | | (C) fostering the development of new, |
24 | | community-based education and prevention efforts; and |
25 | | (D) using programs, website advertising, |
26 | | pamphlets, or other methods to increase the awareness |
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1 | | of Lyme disease and tick-borne diseases; |
2 | | (2) Engaging stakeholders to facilitate |
3 | | patient-centered innovations by (i) building trust among |
4 | | stakeholders through listening sessions, roundtables, and |
5 | | other learning approaches that ground innovations in lived |
6 | | experience, (ii) engaging stakeholders in identifying |
7 | | current areas of need to promote targeted innovations that |
8 | | will make real-world improvements in quality of care, and |
9 | | (iii) gaining insight into patient needs and priorities |
10 | | through stakeholders' collective wisdom and applying that |
11 | | wisdom in shaping future innovation challenges and events. |
12 | | (3) Advancing stakeholder driven interdisciplinary and |
13 | | interagency collaborations by providing resources to |
14 | | not-for-profit organizations whose purpose is to raise |
15 | | awareness of tick-borne diseases with the public and the |
16 | | medical community in order to (i) facilitate the |
17 | | stakeholder engagement and collaborations and |
18 | | patient-centered innovations and support groups, (ii) |
19 | | identify ways to better collect and share data while |
20 | | raising awareness of tick-borne illnesses, and (iii) |
21 | | assist with the development of outreach and education |
22 | | materials and approaches for State agencies. |
23 | | (4) The University of Illinois' INHS Medical |
24 | | Entomology Program maintaining a passive tick and |
25 | | tick-borne pathogen surveillance program, based on ticks |
26 | | contributed by the Illinois public, and including tick |
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1 | | identifications and disease-agent testing of a subset of |
2 | | identified ticks; compiling evidence and conducting |
3 | | research on tick bite prevention and risk of tick and |
4 | | tick-borne pathogen exposure; and providing evidence, |
5 | | results, and analysis and insight from both the passive |
6 | | surveillance program, on tick species and tick-borne |
7 | | disease-agent distributions and diversity in the State, |
8 | | and its related research on tick bite exposure and |
9 | | prevention, to support the Lyme Disease Innovation Program |
10 | | objectives. |
11 | | (c) The Program shall be funded through moneys deposited |
12 | | into the Lyme Disease Awareness Fund and other appropriations |
13 | | from any lawful source . The not-for-profit organization |
14 | | contracted with to operate the Program shall be paid, subject |
15 | | to the approval of the Department, for its operation of the |
16 | | Program from moneys deposited into the Fund or from other |
17 | | appropriations . |
18 | | The University of Illinois' Prairie Research Institute |
19 | | shall be paid, subject to the approval of the Department, for |
20 | | the INHS Medical Entomology Program's operation of a passive |
21 | | tick surveillance and research program from moneys deposited |
22 | | into the Fund or from other appropriations. |
23 | | (d) The Department must adopt rules to implement this |
24 | | Section. |
25 | | (e) The requirements of this Section are subject to |
26 | | appropriation by the General Assembly being made to the |
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1 | | Department to implement the requirements. |
2 | | (Source: P.A. 103-557, eff. 8-11-23.)
|
3 | | Section 30-30. The 2-1-1 Service Act is amended by |
4 | | changing Section 55 as follows:
|
5 | | (20 ILCS 1335/55) |
6 | | Sec. 55. Use of moneys for projects and activities in |
7 | | support of 2-1-1-eligible activities. |
8 | | (a) The lead entity shall study, design, implement, |
9 | | support, coordinate, and evaluate a statewide State-wide 2-1-1 |
10 | | system. |
11 | | (b) Activities eligible for assistance from the Department |
12 | | 2-1-1 Account Fund include, but are not limited to: |
13 | | (1) Creating a structure for a statewide State-wide |
14 | | 2-1-1 resources database that will meet the Alliance for |
15 | | Information and Referral Systems standards for information |
16 | | and referral systems databases and that will be integrated |
17 | | with local resources databases maintained by approved |
18 | | 2-1-1 service providers. |
19 | | (2) Developing a statewide State-wide resources |
20 | | database for the 2-1-1 system. |
21 | | (3) Maintaining public information available from |
22 | | State agencies, departments, and programs that provide |
23 | | health and human services for access by 2-1-1 service |
24 | | providers. |
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1 | | (4) Providing grants to approved 2-1-1 service |
2 | | providers to design, develop, and implement 2-1-1 for its |
3 | | 2-1-1 service area. |
4 | | (5) Providing grants to approved 2-1-1 service |
5 | | providers to enable 2-1-1 service providers to provide and |
6 | | evaluate 2-1-1 service delivery on an ongoing basis. |
7 | | (6) Providing grants to approved 2-1-1 service |
8 | | providers to enable the provision of 2-1-1 services on a |
9 | | 24-hours per-day, 7-days per-week basis. |
10 | | (Source: P.A. 96-599, eff. 1-1-10.)
|
11 | | (20 ILCS 1335/50 rep.) |
12 | | Section 30-35. The 2-1-1 Service Act is amended by |
13 | | repealing Section 50.
|
14 | | Section 30-40. The Mental Health and Developmental |
15 | | Disabilities Administrative Act is amended by changing Section |
16 | | 18.5 as follows:
|
17 | | (20 ILCS 1705/18.5) |
18 | | Sec. 18.5. Community Developmental Disability Services |
19 | | Medicaid Trust Fund; reimbursement. |
20 | | (a) The Community Developmental Disability Services |
21 | | Medicaid Trust Fund is hereby created in the State treasury. |
22 | | (b) Beginning in State fiscal year 2019, funds in any |
23 | | fiscal year in amounts not exceeding a total of $60,000,000 |
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1 | | paid to the State by the federal government under Title XIX or |
2 | | Title XXI of the Social Security Act for services delivered by |
3 | | community developmental disability services providers shall be |
4 | | deposited into the Community Developmental Disability Services |
5 | | Medicaid Trust Fund to pay for Medicaid-reimbursed community |
6 | | developmental disability services provided to eligible |
7 | | individuals. |
8 | | (b-5) (Blank). |
9 | | (b-7) The Community Developmental Disability Services |
10 | | Medicaid Trust Fund is not subject to administrative |
11 | | chargebacks charge-backs . |
12 | | (b-9) (Blank). |
13 | | (b-10) Whenever a State developmental disabilities |
14 | | facility operated by the Department is closed and the real |
15 | | estate on which the facility is located is sold by the State, |
16 | | the net proceeds of the sale of the real estate shall be |
17 | | deposited into the Community Developmental Disability Services |
18 | | Medicaid Trust Fund and used for the purposes enumerated in |
19 | | subsections (c) and (d) of Section 4.6 of the Community |
20 | | Services Act. |
21 | | (b-12) The Department may receive gifts, grants, and |
22 | | donations from any public or private source in support of |
23 | | community developmental disability services, which shall be |
24 | | deposited into the Community Developmental Disability Services |
25 | | Medicaid Trust Fund. |
26 | | (c) For purposes of this Section: |
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1 | | "Trust Fund" means the Community Developmental Disability |
2 | | Services Medicaid Trust Fund. |
3 | | "Medicaid-reimbursed developmental disability services" |
4 | | means services provided by a community developmental |
5 | | disability provider under an agreement with the Department |
6 | | that is eligible for reimbursement under the federal Title XIX |
7 | | program or Title XXI program. |
8 | | "Provider" means a qualified entity as defined in the |
9 | | State's Home and Community-Based Services Waiver for Persons |
10 | | with Developmental Disabilities that is funded by the |
11 | | Department to provide a Medicaid-reimbursed service. |
12 | | (Source: P.A. 103-616, eff. 7-1-24.)
|
13 | | Section 30-45. The Department of Public Health Powers and |
14 | | Duties Law of the Civil Administrative Code of Illinois is |
15 | | amended by changing Sections 2310-350 and 2310-371.5 as |
16 | | follows:
|
17 | | (20 ILCS 2310/2310-350) (was 20 ILCS 2310/55.70) |
18 | | Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian |
19 | | Cancer Research Fund. From funds appropriated from the Penny |
20 | | Severns Breast, Cervical, and Ovarian Cancer Research Fund, |
21 | | the Department shall award grants to eligible physicians, |
22 | | hospitals, laboratories, education institutions, and other |
23 | | organizations and persons to enable organizations and persons |
24 | | to conduct research. Disbursements from the Penny Severns |
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1 | | Breast, Cervical, and Ovarian Cancer Research Fund for the |
2 | | purpose of ovarian cancer research shall be subject to |
3 | | appropriations. For the purposes of this Section, "research" |
4 | | includes, but is not limited to, expenditures to develop and |
5 | | advance the understanding, techniques, and modalities |
6 | | effective in early detection, prevention, cure, screening, and |
7 | | treatment of breast, cervical, and ovarian cancer and may |
8 | | include clinical trials. |
9 | | Moneys received for the purposes of this Section, |
10 | | including , but not limited to , income tax checkoff receipts |
11 | | and gifts, grants, and awards from private foundations, |
12 | | nonprofit organizations, other governmental entities, and |
13 | | persons shall be deposited into the Penny Severns Breast, |
14 | | Cervical, and Ovarian Cancer Research Fund, which is hereby |
15 | | created as a special fund in the State treasury. |
16 | | Notwithstanding any other provision of law, in addition to |
17 | | any other transfers that may be provided by law, on June 30, |
18 | | 2026, or as soon thereafter as practical, the State |
19 | | Comptroller shall direct and the State Treasurer shall |
20 | | transfer the remaining balance from the Penny Severns Breast, |
21 | | Cervical, and Ovarian Cancer Research Fund into the Carolyn |
22 | | Adams Ticket For The Cure Grant Fund. Upon completion of the |
23 | | transfers, the Penny Severns Breast, Cervical, and Ovarian |
24 | | Cancer Research Fund is dissolved, and any future deposits due |
25 | | to that Fund and any outstanding obligations or liabilities of |
26 | | that Fund pass to the Carolyn Adams Ticket For The Cure Grant |
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1 | | Fund. |
2 | | The Department shall create an advisory committee with |
3 | | members from, but not limited to, the Illinois Chapter of the |
4 | | American Cancer Society, Y-Me, the Susan G. Komen Foundation, |
5 | | and the State Board of Health for the purpose of awarding |
6 | | research grants under this Section. Members of the advisory |
7 | | committee shall not be eligible for any financial compensation |
8 | | or reimbursement. The advisory committee is discontinued on |
9 | | June 30, 2026. |
10 | | This Section is repealed on January 1, 2027. |
11 | | (Source: P.A. 94-119, eff. 1-1-06.)
|
12 | | (20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371) |
13 | | Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to |
14 | | appropriation, the Department of Public Health has the power |
15 | | to make matching grants from the Heartsaver AED Fund, a |
16 | | special fund created in the State treasury, to any school in |
17 | | the State, public park district, forest preserve district, |
18 | | conservation district, sheriff's office, municipal police |
19 | | department, municipal recreation department, public library, |
20 | | college, or university to assist in the purchase of an |
21 | | Automated External Defibrillator. Applicants for AED grants |
22 | | must demonstrate that they have funds to pay 50% of the cost of |
23 | | the AEDs for which matching grant moneys are sought. Any |
24 | | school, public park district, forest preserve district, |
25 | | conservation district, sheriff's office, municipal police |
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1 | | department, municipal recreation department, public library, |
2 | | college, or university applying for the grant shall not |
3 | | receive more than one grant from the Heartsaver AED Fund each |
4 | | fiscal year. The State Treasurer shall accept and deposit into |
5 | | the Fund all gifts, grants, transfers, appropriations, and |
6 | | other amounts from any legal source, public or private, that |
7 | | are designated for deposit into the Fund. |
8 | | Notwithstanding any other provision of law, in addition to |
9 | | any other transfers that may be provided by law, on June 30, |
10 | | 2026, or as soon thereafter as practical, the State |
11 | | Comptroller shall direct and the State Treasurer shall |
12 | | transfer the remaining balance from the Heartsaver AED Fund |
13 | | into the General Revenue Fund. Upon completion of the |
14 | | transfers, the Heartsaver AED Fund is dissolved, and any |
15 | | future deposits due to that Fund and any outstanding |
16 | | obligations or liabilities of that Fund pass to the General |
17 | | Revenue Fund. |
18 | | This Section is repealed on January 1, 2027. |
19 | | (Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16; |
20 | | 100-201, eff. 8-18-17.)
|
21 | | Section 30-50. The Rehabilitation of Persons with |
22 | | Disabilities Act is amended by changing Section 5b as follows:
|
23 | | (20 ILCS 2405/5b) |
24 | | Sec. 5b. Home Services Medicaid Trust Fund. |
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1 | | (a) The Home Services Medicaid Trust Fund is hereby |
2 | | created as a special fund in the State treasury. |
3 | | (b) Amounts paid to the State during each State fiscal |
4 | | year by the federal government under Title XIX or Title XXI of |
5 | | the Social Security Act for services delivered in relation to |
6 | | the Department's Home Services Program established pursuant to |
7 | | Section 3 of this Act, beginning in State fiscal year 2019 in |
8 | | amounts not exceeding a total of $234,000,000 in any State |
9 | | fiscal year, and any interest earned thereon, shall be |
10 | | deposited into the Fund. The Department may also receive |
11 | | gifts, grants, and donations from any public or private source |
12 | | in support of the Home Services Program, which shall be |
13 | | deposited into the Fund. |
14 | | (c) Moneys in the Fund may be used by the Department for |
15 | | the purchase of services, and operational and administrative |
16 | | expenses, in relation to the Home Services Program. |
17 | | (Source: P.A. 99-143, eff. 7-27-15; 100-587, eff. 6-4-18.)
|
18 | | Section 30-55. The Illinois Criminal Justice Information |
19 | | Act is amended by changing Sections 9.1 and 9.3 as follows:
|
20 | | (20 ILCS 3930/9.1) |
21 | | Sec. 9.1. Criminal Justice Information Projects Fund. The |
22 | | Criminal Justice Information Projects Fund is hereby created |
23 | | as a special fund in the State Treasury. Grants and other |
24 | | moneys obtained by the Authority from governmental entities |
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1 | | (other than the federal government), private sources, and |
2 | | not-for-profit organizations for use in investigating criminal |
3 | | justice issues or undertaking other criminal justice |
4 | | information projects, or pursuant to the uses identified in |
5 | | Section 21.10 of the Illinois Lottery Law, shall be deposited |
6 | | into the Fund. Moneys in the Fund may be used by the Authority, |
7 | | subject to appropriation, for undertaking such projects and |
8 | | for the operating and other expenses of the Authority |
9 | | incidental to those projects, and for the costs associated |
10 | | with making grants under Section 9.3 from the Prescription |
11 | | Pill and Drug Disposal Fund . The moneys deposited into the |
12 | | Criminal Justice Information Projects Fund under Sections |
13 | | 15-15 and 15-35 of the Criminal and Traffic Assessment Act |
14 | | shall be appropriated to and administered by the Illinois |
15 | | Criminal Justice Information Authority for distribution to |
16 | | fund Illinois State Police drug task forces and Metropolitan |
17 | | Enforcement Groups by dividing the funds equally by the total |
18 | | number of Illinois State Police drug task forces and Illinois |
19 | | Metropolitan Enforcement Groups. Any interest earned on moneys |
20 | | in the Fund must be deposited into the Fund. |
21 | | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
|
22 | | (20 ILCS 3930/9.3) |
23 | | Sec. 9.3. The Prescription Pill and Drug Disposal Fund. |
24 | | The Prescription Pill and Drug Disposal Fund is created as a |
25 | | special fund in the State treasury. Moneys in the Fund shall be |
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1 | | used for grants by the Illinois Criminal Justice Information |
2 | | Authority to local law enforcement agencies for the purpose of |
3 | | facilitating the collection, transportation, and incineration |
4 | | of pharmaceuticals from residential sources that are collected |
5 | | and transported by law enforcement agencies under Section |
6 | | 17.9A of the Environmental Protection Act; to municipalities |
7 | | or organizations that establish containers designated for the |
8 | | collection and disposal of unused controlled substances and |
9 | | conduct collection of unused controlled substances through |
10 | | mail-back programs; and for the publication or advertising of |
11 | | collection events or mail-back programs conducted by |
12 | | municipalities or organizations. Before awarding a grant from |
13 | | this Fund but no later than July 1, 2016, the Authority shall |
14 | | adopt rules that (i) specify the conditions under which grants |
15 | | will be awarded from this Fund and (ii) otherwise provide for |
16 | | the implementation and administration of the grant program |
17 | | created by this Section. Interest attributable to moneys in |
18 | | the Fund shall be paid into the Fund. |
19 | | On July 1, 2025, or as soon thereafter as practical, the |
20 | | State Comptroller shall direct and the State Treasurer shall |
21 | | transfer the remaining balance from the Prescription Pill and |
22 | | Drug Disposal Fund into the Criminal Justice Information |
23 | | Projects Fund. Upon completion of the transfer, the |
24 | | Prescription Pill and Drug Disposal Fund is dissolved, and any |
25 | | future deposits due to that Fund and any outstanding |
26 | | obligations or liabilities of that Fund shall pass to the |
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1 | | Criminal Justice Information Projects Fund. |
2 | | (Source: P.A. 99-480, eff. 9-9-15.)
|
3 | | Section 30-60. The Illinois State Auditing Act is amended |
4 | | by changing Section 3-1 as follows:
|
5 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) |
6 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
7 | | General has jurisdiction over all State agencies to make post |
8 | | audits and investigations authorized by or under this Act or |
9 | | the Constitution. |
10 | | The Auditor General has jurisdiction over local government |
11 | | agencies and private agencies only: |
12 | | (a) to make such post audits authorized by or under |
13 | | this Act as are necessary and incidental to a post audit of |
14 | | a State agency or of a program administered by a State |
15 | | agency involving public funds of the State, but this |
16 | | jurisdiction does not include any authority to review |
17 | | local governmental agencies in the obligation, receipt, |
18 | | expenditure or use of public funds of the State that are |
19 | | granted without limitation or condition imposed by law, |
20 | | other than the general limitation that such funds be used |
21 | | for public purposes; |
22 | | (b) to make investigations authorized by or under this |
23 | | Act or the Constitution; and |
24 | | (c) to make audits of the records of local government |
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1 | | agencies to verify actual costs of state-mandated programs |
2 | | when directed to do so by the Legislative Audit Commission |
3 | | at the request of the State Board of Appeals under the |
4 | | State Mandates Act. |
5 | | In addition to the foregoing, the Auditor General may |
6 | | conduct an audit of the Metropolitan Pier and Exposition |
7 | | Authority, the Regional Transportation Authority, the Suburban |
8 | | Bus Division, the Commuter Rail Division and the Chicago |
9 | | Transit Authority and any other subsidized carrier when |
10 | | authorized by the Legislative Audit Commission. Such audit may |
11 | | be a financial, management or program audit, or any |
12 | | combination thereof. |
13 | | The audit shall determine whether they are operating in |
14 | | accordance with all applicable laws and regulations. Subject |
15 | | to the limitations of this Act, the Legislative Audit |
16 | | Commission may by resolution specify additional determinations |
17 | | to be included in the scope of the audit. |
18 | | In addition to the foregoing, the Auditor General must |
19 | | also conduct a financial audit of the Illinois Sports |
20 | | Facilities Authority's expenditures of public funds in |
21 | | connection with the reconstruction, renovation, remodeling, |
22 | | extension, or improvement of all or substantially all of any |
23 | | existing "facility", as that term is defined in the Illinois |
24 | | Sports Facilities Authority Act. |
25 | | The Auditor General may also conduct an audit, when |
26 | | authorized by the Legislative Audit Commission, of any |
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1 | | hospital which receives 10% or more of its gross revenues from |
2 | | payments from the State of Illinois, Department of Healthcare |
3 | | and Family Services (formerly Department of Public Aid), |
4 | | Medical Assistance Program. |
5 | | The Auditor General is authorized to conduct financial and |
6 | | compliance audits of the Illinois Distance Learning Foundation |
7 | | and the Illinois Conservation Foundation. |
8 | | As soon as practical after August 18, 1995 ( the effective |
9 | | date of Public Act 89-386) this amendatory Act of 1995 , the |
10 | | Auditor General shall conduct a compliance and management |
11 | | audit of the City of Chicago and any other entity with regard |
12 | | to the operation of Chicago O'Hare International Airport, |
13 | | Chicago Midway Airport and Merrill C. Meigs Field. The audit |
14 | | shall include, but not be limited to, an examination of |
15 | | revenues, expenses, and transfers of funds; purchasing and |
16 | | contracting policies and practices; staffing levels; and |
17 | | hiring practices and procedures. When completed, the audit |
18 | | required by this paragraph shall be distributed in accordance |
19 | | with Section 3-14. |
20 | | The Auditor General shall conduct a financial and |
21 | | compliance and program audit of distributions from the |
22 | | Municipal Economic Development Fund during the immediately |
23 | | preceding calendar year pursuant to Section 8-403.1 of the |
24 | | Public Utilities Act at no cost to the city, village, or |
25 | | incorporated town that received the distributions. |
26 | | The Auditor General must conduct an audit of the Health |
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1 | | Facilities and Services Review Board pursuant to Section 19.5 |
2 | | of the Illinois Health Facilities Planning Act. |
3 | | The Auditor General of the State of Illinois shall |
4 | | annually conduct or cause to be conducted a financial and |
5 | | compliance audit of the books and records of any county water |
6 | | commission organized pursuant to the Water Commission Act of |
7 | | 1985 and shall file a copy of the report of that audit with the |
8 | | Governor and the Legislative Audit Commission. The filed audit |
9 | | shall be open to the public for inspection. The cost of the |
10 | | audit shall be charged to the county water commission in |
11 | | accordance with Section 6z-27 of the State Finance Act. The |
12 | | county water commission shall make available to the Auditor |
13 | | General its books and records and any other documentation, |
14 | | whether in the possession of its trustees or other parties, |
15 | | necessary to conduct the audit required. These audit |
16 | | requirements apply only through July 1, 2007. |
17 | | The Auditor General must conduct audits of the Rend Lake |
18 | | Conservancy District as provided in Section 25.5 of the River |
19 | | Conservancy Districts Act. |
20 | | The Auditor General must conduct financial audits of the |
21 | | Southeastern Illinois Economic Development Authority as |
22 | | provided in Section 70 of the Southeastern Illinois Economic |
23 | | Development Authority Act. |
24 | | The Auditor General shall conduct a compliance audit in |
25 | | accordance with subsections (d) and (f) of Section 30 of the |
26 | | Innovation Development and Economy Act. |
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1 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; |
2 | | 96-939, eff. 6-24-10.)
|
3 | | Section 30-65. The State Finance Act is amended by |
4 | | changing Sections 5.28, 5.119, 5.137, 5.147, 5.282, 5.362, |
5 | | 5.464, 5.515, 5.563, 5.569, 5.613, 5.640, 5.733, 5.772, 5.801, |
6 | | 5.806, 5.825, 5.873, 5.883, 5.968, 6b-4, 6z-95, 6z-135, 8.36, |
7 | | 8g, and 8q as follows:
|
8 | | (30 ILCS 105/5.28) (from Ch. 127, par. 141.28) |
9 | | Sec. 5.28. The Illinois Veterans' Rehabilitation Fund. |
10 | | This Section is repealed on January 1, 2027. |
11 | | (Source: Laws 1919, p. 946.)
|
12 | | (30 ILCS 105/5.119) (from Ch. 127, par. 141.119) |
13 | | Sec. 5.119. The Youth Drug Abuse Prevention Fund. This |
14 | | Section is repealed on January 1, 2027. |
15 | | (Source: P.A. 87-342.)
|
16 | | (30 ILCS 105/5.137) |
17 | | Sec. 5.137. The Low-Level Radioactive Waste Facility |
18 | | Closure, Post-Closure Care and Compensation Fund. This Section |
19 | | is repealed on January 1, 2026. |
20 | | (Source: P.A. 99-933, eff. 1-27-17.)
|
21 | | (30 ILCS 105/5.147) (from Ch. 127, par. 141.147) |
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1 | | Sec. 5.147. The Child Abuse Prevention Fund. This Section |
2 | | is repealed on January 1, 2026. |
3 | | (Source: P.A. 83-1362.)
|
4 | | (30 ILCS 105/5.282) (from Ch. 127, par. 141.282) |
5 | | Sec. 5.282. The Youth Alcoholism and Substance Abuse |
6 | | Prevention Fund. This Section is repealed on January 1, 2027. |
7 | | (Source: P.A. 86-983; 86-1028.)
|
8 | | (30 ILCS 105/5.362) |
9 | | Sec. 5.362. The Penny Severns Breast, Cervical, and |
10 | | Ovarian Cancer Research Fund. This Section is repealed on |
11 | | January 1, 2027. |
12 | | (Source: P.A. 94-119, eff. 1-1-06.)
|
13 | | (30 ILCS 105/5.464) |
14 | | Sec. 5.464. Police Training Board Services Fund. This |
15 | | Section is repealed on January 1, 2027. |
16 | | (Source: P.A. 90-259, eff. 7-30-97; 90-655, eff. 7-30-98.)
|
17 | | (30 ILCS 105/5.515) |
18 | | Sec. 5.515. The Airport Land Loan Revolving Fund. This |
19 | | Section is repealed on January 1, 2026. |
20 | | (Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
|
21 | | (30 ILCS 105/5.563) |
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1 | | Sec. 5.563. The Illinois Animal Abuse Fund. This Section |
2 | | is repealed on January 1, 2027. |
3 | | (Source: P.A. 92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)
|
4 | | (30 ILCS 105/5.569) |
5 | | Sec. 5.569. The National Guard and Naval Militia Grant |
6 | | Fund. This Section is repealed on January 1, 2027. |
7 | | (Source: P.A. 94-1020, eff. 7-11-06.)
|
8 | | (30 ILCS 105/5.613) |
9 | | Sec. 5.613. The Secretary of State Police DUI Fund. This |
10 | | Section is repealed on January 1, 2026. |
11 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
12 | | (30 ILCS 105/5.640) |
13 | | Sec. 5.640. The Heartsaver AED Fund. This Section is |
14 | | repealed on January 1, 2027. |
15 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
16 | | (30 ILCS 105/5.733) |
17 | | Sec. 5.733. The Illinois EMS Memorial Scholarship and |
18 | | Training Fund. This Section is repealed on January 1, 2026. |
19 | | (Source: P.A. 96-591, eff. 8-18-09; 96-1000, eff. 7-2-10.)
|
20 | | (30 ILCS 105/5.772) |
21 | | Sec. 5.772. The St. Jude Children's Research Fund. This |
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1 | | Section is repealed on January 1, 2026. |
2 | | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
3 | | (30 ILCS 105/5.801) |
4 | | Sec. 5.801. The Illinois Department of Corrections Parole |
5 | | Division Offender Supervision Fund. This Section is repealed |
6 | | on January 1, 2026. |
7 | | (Source: P.A. 97-262, eff. 8-5-11; 97-813, eff. 7-13-12.)
|
8 | | (30 ILCS 105/5.806) |
9 | | Sec. 5.806. The Prescription Pill and Drug Disposal Fund. |
10 | | This Section is repealed on January 1, 2026. |
11 | | (Source: P.A. 97-545, eff. 1-1-12; 97-813, eff. 7-13-12.)
|
12 | | (30 ILCS 105/5.825) |
13 | | Sec. 5.825. The Housing for Families Fund. This Section is |
14 | | repealed on January 1, 2027. |
15 | | (Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)
|
16 | | (30 ILCS 105/5.873) |
17 | | Sec. 5.873. The Autism Care Fund. This Section is repealed |
18 | | on January 1, 2027. |
19 | | (Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
|
20 | | (30 ILCS 105/5.883) |
21 | | Sec. 5.883. The BHE Data and Research Cost Recovery Fund. |
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1 | | This Section is repealed on January 1, 2027. |
2 | | (Source: P.A. 100-417, eff. 8-25-17; 100-863, eff. 8-14-18.)
|
3 | | (30 ILCS 105/5.968) |
4 | | Sec. 5.968. The Law Enforcement Recruitment and Retention |
5 | | Fund. This Section is repealed on January 1, 2027. |
6 | | (Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
|
7 | | (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4) |
8 | | Sec. 6b-4. On the second Monday of every month, the |
9 | | Director of Public Health shall certify to the State |
10 | | Comptroller and the State Treasurer the amount generated by |
11 | | the issuance of commemorative birth certificates under |
12 | | subsection (14) of Section 25 of the Vital Records Act in |
13 | | excess of the costs incurred in issuing the documents. Within |
14 | | 15 days of receipt of the certification required by this |
15 | | Section, the State Comptroller and the State Treasurer shall |
16 | | transfer from the General Revenue Fund, one-half of the amount |
17 | | certified as being received from the issuance of commemorative |
18 | | birth certificates to the DCFS Children's Services Child Abuse |
19 | | Prevention Fund and one-half of the amount to the Domestic |
20 | | Violence Shelter and Service Fund. |
21 | | The State Treasurer shall deposit into the Domestic |
22 | | Violence Shelter and Service Fund each assessment received |
23 | | under the Criminal and Traffic Assessment Act. |
24 | | The State Treasurer shall deposit into the Sexual Assault |
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1 | | Services Fund and the Domestic Violence Shelter and Service |
2 | | Fund each of those fines received from circuit clerks under |
3 | | Section 5-9-1.7 of the Unified Code of Corrections in |
4 | | accordance with the provisions of that Section. |
5 | | (Source: P.A. 100-987, eff. 7-1-19 .)
|
6 | | (30 ILCS 105/6z-95) |
7 | | Sec. 6z-95. The Housing for Families Fund; creation. The |
8 | | Housing for Families Fund is created as a special fund in the |
9 | | State treasury. Moneys in the Fund shall be used by the |
10 | | Department of Human Services to make grants to public or |
11 | | private not-for-profit entities for the purpose of building |
12 | | new housing for low income, working poor, low credit, and no |
13 | | credit families and families with disabilities. For the |
14 | | purposes of this Section, "low income", "working poor", |
15 | | "families with disabilities", "low credit", and "no credit |
16 | | families" shall be defined by the Department of Human Services |
17 | | by rule. Notwithstanding any other provision of law to the |
18 | | contrary and in addition to any other transfers that may be |
19 | | provided by law, on June 30, 2026, or as soon thereafter as |
20 | | practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the remaining balance from the |
22 | | Housing for Families Fund into the Homelessness Prevention |
23 | | Revenue Fund. Upon completion of the transfer, the Housing for |
24 | | Families Fund is dissolved, and any future deposits due to |
25 | | that Fund and any outstanding obligations or liabilities of |
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1 | | that Fund pass to the Homelessness Prevention Revenue Fund. |
2 | | This Section is repealed on January 1, 2027. |
3 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
4 | | (30 ILCS 105/6z-135) |
5 | | Sec. 6z-135. The Law Enforcement Recruitment and Retention |
6 | | Fund. |
7 | | (a) The Law Enforcement Recruitment and Retention Fund is |
8 | | hereby created as a special fund in the State Treasury. |
9 | | (b) Subject to appropriation, moneys in the Law |
10 | | Enforcement Recruitment and Retention Fund shall be used by |
11 | | the Illinois Law Enforcement Training Standards Board to award |
12 | | grants to units of local government, public institutions of |
13 | | higher education, and qualified nonprofit entities for the |
14 | | purpose of hiring and retaining law enforcement officers. |
15 | | (c) When awarding grants, the Board shall prioritize: |
16 | | (1) grants that will be used to hire, retain, or hire |
17 | | and retain law enforcement officers in underserved areas |
18 | | and areas experiencing the most need; |
19 | | (2) achieving demographic and geographic diversity of |
20 | | law enforcement officers that are recruited or hired by |
21 | | applicants that are awarded grants; |
22 | | (3) maximizing the effects of moneys spent on the |
23 | | actual recruitment and retention of law enforcement |
24 | | officers; and |
25 | | (4) providing grants that can impact multiple |
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1 | | employers. |
2 | | (d) Moneys received for the purposes of this Section, |
3 | | including, but not limited to, fee receipts, gifts, grants, |
4 | | and awards from any public or private entity, must be |
5 | | deposited into the Fund. Any interest earned on moneys in the |
6 | | Fund must be deposited into the Fund. |
7 | | (e) The Illinois Law Enforcement Training Standards Board |
8 | | may, by rule, set requirements for the distribution of grant |
9 | | moneys and determine which entities are eligible. |
10 | | (f) The Illinois Law Enforcement Training Standards Board |
11 | | shall consider compliance with the Uniform Crime Reporting Act |
12 | | as a factor in awarding grant moneys. |
13 | | (g) As used in this Section, "qualified nonprofit entity" |
14 | | means a nonprofit entity, as defined by the Board by rule, that |
15 | | has established experience in recruitment and retention of law |
16 | | enforcement officers in Illinois. |
17 | | (h) On June 30, 2026, or as soon thereafter as practical, |
18 | | the State Comptroller shall direct and the State Treasurer |
19 | | shall transfer the remaining balance from the Law Enforcement |
20 | | Recruitment and Retention Fund into the Law Enforcement |
21 | | Training Fund. Upon completion of the transfer, the Law |
22 | | Enforcement Recruitment and Retention Fund is dissolved, and |
23 | | any future deposits due to that Fund and any outstanding |
24 | | obligations or liabilities of that Fund shall pass to the Law |
25 | | Enforcement Training Fund. |
26 | | (Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
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1 | | (30 ILCS 105/8.36) |
2 | | Sec. 8.36. Airport Land Loan Revolving Fund. |
3 | | Appropriations for loans to public airport owners by the |
4 | | Department of Transportation pursuant to Section 34b of the |
5 | | Illinois Aeronautics Act shall be payable from the Airport |
6 | | Land Loan Revolving Fund. This Section is repealed on January |
7 | | 1, 2026. |
8 | | (Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
|
9 | | (30 ILCS 105/8g) |
10 | | Sec. 8g. Fund transfers. |
11 | | (a) (Blank). |
12 | | (b) (Blank). |
13 | | (c) In addition to any other transfers that may be |
14 | | provided for by law, on August 30 of each fiscal year's license |
15 | | period, the Illinois Liquor Control Commission shall direct |
16 | | and the State Comptroller and State Treasurer shall transfer |
17 | | from the General Revenue Fund to the Youth Alcoholism and |
18 | | Substance Abuse Prevention Fund an amount equal to the number |
19 | | of retail liquor licenses issued for that fiscal year |
20 | | multiplied by $50. This subsection (c) is inoperative after |
21 | | June 30, 2026. |
22 | | (d) The payments to programs required under subsection (d) |
23 | | of Section 28.1 of the Illinois Horse Racing Act of 1975 shall |
24 | | be made, pursuant to appropriation, from the special funds |
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1 | | referred to in the statutes cited in that subsection, rather |
2 | | than directly from the General Revenue Fund. |
3 | | Beginning January 1, 2000, on the first day of each month, |
4 | | or as soon as may be practical thereafter, the State |
5 | | Comptroller shall direct and the State Treasurer shall |
6 | | transfer from the General Revenue Fund to each of the special |
7 | | funds from which payments are to be made under subsection (d) |
8 | | of Section 28.1 of the Illinois Horse Racing Act of 1975 an |
9 | | amount equal to 1/12 of the annual amount required for those |
10 | | payments from that special fund, which annual amount shall not |
11 | | exceed the annual amount for those payments from that special |
12 | | fund for the calendar year 1998. The special funds to which |
13 | | transfers shall be made under this subsection (d) include, but |
14 | | are not necessarily limited to, the Agricultural Premium Fund; |
15 | | the Metropolitan Exposition, Auditorium and Office Building |
16 | | Fund, but only through fiscal year 2021 and not thereafter; |
17 | | the Fair and Exposition Fund; the Illinois Standardbred |
18 | | Breeders Fund; the Illinois Thoroughbred Breeders Fund; and |
19 | | the Illinois Veterans' Rehabilitation Fund , but only through |
20 | | fiscal year 2026 and not thereafter . Except for transfers |
21 | | attributable to prior fiscal years, during State fiscal year |
22 | | 2020 only, no transfers shall be made from the General Revenue |
23 | | Fund to the Agricultural Premium Fund, the Fair and Exposition |
24 | | Fund, the Illinois Standardbred Breeders Fund, or the Illinois |
25 | | Thoroughbred Breeders Fund. |
26 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
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1 | | 102-558, eff. 8-20-21.)
|
2 | | (30 ILCS 105/8q) |
3 | | Sec. 8q. Illinois Department of Corrections Parole |
4 | | Division Offender Supervision Fund. |
5 | | (a) The Illinois Department of Corrections Parole Division |
6 | | Offender Supervision Fund is created as a special fund in the |
7 | | State treasury. |
8 | | (b) All moneys collected and payable to the Department of |
9 | | Corrections and deposited into the Illinois Department of |
10 | | Corrections Parole Division Offender Supervision Fund shall be |
11 | | appropriated to and administered by the Department of |
12 | | Corrections for operations and initiatives to combat and |
13 | | supervise paroled offenders in the community. |
14 | | (c) The Illinois Department of Corrections Parole Division |
15 | | Offender Supervision Fund shall not be subject to |
16 | | administrative chargebacks. |
17 | | (d) On July 1, 2025, or as soon thereafter as practical, |
18 | | the State Comptroller shall direct and the State Treasurer |
19 | | shall transfer the remaining balance from the Illinois |
20 | | Department of Corrections Parole Division Offender Supervision |
21 | | Fund into the Department of Corrections Reimbursement and |
22 | | Education Fund. Upon completion of the transfer, the Illinois |
23 | | Department of Corrections Parole Division Offender Supervision |
24 | | Fund is dissolved, and any future deposits due to that Fund and |
25 | | any outstanding obligations or liabilities of that Fund pass |
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1 | | to the Department of Corrections Reimbursement and Education |
2 | | Fund. This Section is repealed on January 1, 2026. |
3 | | (Source: P.A. 100-987, eff. 7-1-19 .)
|
4 | | (30 ILCS 105/5.734 rep.) |
5 | | (30 ILCS 105/5.762 rep.) |
6 | | (30 ILCS 105/5.860 rep.) |
7 | | (30 ILCS 105/5.874 rep.) |
8 | | (30 ILCS 105/5.882 rep.) |
9 | | (30 ILCS 105/5.1009 rep.) |
10 | | (30 ILCS 105/6z-103 rep.) |
11 | | (30 ILCS 105/8.34 rep.) |
12 | | (30 ILCS 105/8.35 rep.) |
13 | | Section 30-70. The State Finance Act is amended by |
14 | | repealing Sections 5.734, 5.762, 5.860, 5.874, 5.882, 5.1009, |
15 | | 6z-103, 8.34, and 8.35.
|
16 | | Section 30-75. The General Obligation Bond Act is amended |
17 | | by changing Section 4 as follows:
|
18 | | (30 ILCS 330/4) (from Ch. 127, par. 654) |
19 | | Sec. 4. Transportation. The amount of $27,048,062,400 is |
20 | | authorized for use by the Department of Transportation for the |
21 | | specific purpose of promoting and assuring rapid, efficient, |
22 | | and safe highway, air and mass transportation for the |
23 | | inhabitants of the State by providing monies, including the |
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1 | | making of grants and loans, for the acquisition, construction, |
2 | | reconstruction, extension and improvement of the following |
3 | | transportation facilities and equipment, and for the |
4 | | acquisition of real property and interests in real property |
5 | | required or expected to be required in connection therewith as |
6 | | follows: |
7 | | (a) $11,921,354,200 for State highways, arterial highways, |
8 | | freeways, roads, bridges, structures separating highways and |
9 | | railroads and roads, bridges on roads maintained by counties, |
10 | | municipalities, townships, or road districts, and grants to |
11 | | counties, municipalities, townships, or road districts for |
12 | | planning, engineering, acquisition, construction, |
13 | | reconstruction, development, improvement, extension, and all |
14 | | construction-related expenses of the public infrastructure and |
15 | | other transportation improvement projects for the following |
16 | | specific purposes: |
17 | | (1) $9,819,221,200 for use statewide, |
18 | | (2) $3,677,000 for use outside the Chicago urbanized |
19 | | area, |
20 | | (3) $7,543,000 for use within the Chicago urbanized |
21 | | area, |
22 | | (4) $13,060,600 for use within the City of Chicago, |
23 | | (5) $58,991,500 for use within the counties of Cook, |
24 | | DuPage, Kane, Lake, McHenry and Will, |
25 | | (6) $18,860,900 for use outside the counties of Cook, |
26 | | DuPage, Kane, Lake, McHenry and Will, and |
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1 | | (7) $2,000,000,000 for use on projects included in |
2 | | either (i) the FY09-14 Proposed Highway Improvement |
3 | | Program as published by the Illinois Department of |
4 | | Transportation in May 2008 or (ii) the FY10-15 Proposed |
5 | | Highway Improvement Program to be published by the |
6 | | Illinois Department of Transportation in the spring of |
7 | | 2009; except that all projects must be maintenance |
8 | | projects for the existing State system with the goal of |
9 | | reaching 90% acceptable condition in the system statewide |
10 | | and further except that all projects must reflect the |
11 | | generally accepted historical distribution of projects |
12 | | throughout the State. |
13 | | (b) $5,966,379,900 for rail facilities and for mass |
14 | | transit facilities, as defined in Section 2705-305 of the |
15 | | Department of Transportation Law, including rapid transit, |
16 | | rail, bus and other equipment used in connection therewith by |
17 | | the State or any unit of local government, special |
18 | | transportation district, municipal corporation or other |
19 | | corporation or public authority authorized to provide and |
20 | | promote public transportation within the State or 2 two or |
21 | | more of the foregoing jointly, for the following specific |
22 | | purposes: |
23 | | (1) $4,387,063,600 statewide, |
24 | | (2) $83,350,000 for use within the counties of Cook, |
25 | | DuPage, Kane, Lake, McHenry and Will, |
26 | | (3) $12,450,000 for use outside the counties of Cook, |
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1 | | DuPage, Kane, Lake, McHenry and Will, and |
2 | | (4) $1,000,916,300 for use on projects that shall |
3 | | reflect the generally accepted historical distribution of |
4 | | projects throughout the State. |
5 | | (c) $482,600,000 for airport or aviation facilities and |
6 | | any equipment used in connection therewith, including |
7 | | engineering and land acquisition costs, by the State or any |
8 | | unit of local government, special transportation district, |
9 | | municipal corporation or other corporation or public authority |
10 | | authorized to provide public transportation within the State, |
11 | | or 2 two or more of the foregoing acting jointly , and for the |
12 | | making of deposits into the Airport Land Loan Revolving Fund |
13 | | for loans to public airport owners pursuant to the Illinois |
14 | | Aeronautics Act . |
15 | | (d) $4,660,328,300 for use statewide for State or local |
16 | | highways, arterial highways, freeways, roads, bridges, and |
17 | | structures separating highways and railroads and roads, and |
18 | | for grants to counties, municipalities, townships, or road |
19 | | districts for planning, engineering, acquisition, |
20 | | construction, reconstruction, development, improvement, |
21 | | extension, and all construction-related expenses of the public |
22 | | infrastructure and other transportation improvement projects |
23 | | which are related to economic development in the State of |
24 | | Illinois. |
25 | | (e) $4,500,000,000 for use statewide for grade crossings, |
26 | | port facilities, airport facilities, rail facilities, and mass |
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1 | | transit facilities, as defined in Section 2705-305 of the |
2 | | Department of Transportation Law of the Civil Administrative |
3 | | Code of Illinois, including rapid transit, rail, bus and other |
4 | | equipment used in connection therewith by the State or any |
5 | | unit of local government, special transportation district, |
6 | | municipal corporation or other corporation or public authority |
7 | | authorized to provide and promote public transportation within |
8 | | the State or 2 two or more of the foregoing jointly. |
9 | | (Source: P.A. 101-30, eff. 6-28-19.)
|
10 | | Section 30-80. The Illinois Income Tax Act is amended by |
11 | | changing Section 507FFF as follows:
|
12 | | (35 ILCS 5/507FFF) |
13 | | Sec. 507FFF. Autism Care Fund checkoff. For taxable years |
14 | | ending on or after December 31, 2015, the Department must |
15 | | print on its standard individual income tax form a provision |
16 | | (i) indicating that if the taxpayer wishes to contribute to |
17 | | the Autism Care Fund, a special fund created in the State |
18 | | treasury, for the purpose of donating to the Autism Society of |
19 | | Illinois, as authorized by Public Act 99-423 this amendatory |
20 | | Act of the 99th General Assembly , he or she may do so by |
21 | | stating the amount of the contribution (not less than $1) on |
22 | | the return and (ii) stating that the contribution will reduce |
23 | | the taxpayer's refund or increase the amount of payment to |
24 | | accompany the return. Failure to remit any amount of increased |
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1 | | payment shall reduce the contribution accordingly. |
2 | | Notwithstanding any other provision of law, moneys deposited |
3 | | into the Autism Care Fund from contributions under this |
4 | | Section shall be used by the Department of Human Services to |
5 | | make grants to the Autism Society of Illinois. This Section |
6 | | does not apply to any amended return. Notwithstanding any |
7 | | other provision of law, on June 30, 2026, or as soon thereafter |
8 | | as practical, the State Comptroller shall direct and the State |
9 | | Treasurer shall transfer the remaining balance from the Autism |
10 | | Care Fund into the Autism Awareness Fund. Upon completion of |
11 | | the transfers, the Autism Care Fund is dissolved, and any |
12 | | future deposits due to that Fund and any outstanding |
13 | | obligations or liabilities of that Fund shall pass to the |
14 | | Autism Awareness Fund. This Section is repealed on January 1, |
15 | | 2027. |
16 | | (Source: P.A. 99-423, eff. 8-20-15.)
|
17 | | (35 ILCS 5/507L rep.) |
18 | | (35 ILCS 5/507CCC rep.) |
19 | | (35 ILCS 5/507DDD rep.) |
20 | | (35 ILCS 5/508 rep.) |
21 | | Section 30-85. The Illinois Income Tax Act is amended by |
22 | | repealing Sections 507L, 507CCC, 507DDD, and 508.
|
23 | | Section 30-90. The Law Enforcement Intern Training Act is |
24 | | amended by changing Section 25 as follows:
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1 | | (50 ILCS 708/25) |
2 | | Sec. 25. Program revenues Police Training Board Services |
3 | | Fund . The Board shall charge, collect, or receive fees, |
4 | | tuition, or moneys from persons electing to enter the Law |
5 | | Enforcement Intern Training Program or the Correctional |
6 | | Officer Intern Program equivalent to the costs of providing |
7 | | personnel, equipment, services, and training to law |
8 | | enforcement interns that, in the judgment judgement of the |
9 | | Board, are in the best interest of the State. |
10 | | Through June 30, 2026, all All fees or moneys received by |
11 | | the Board under this Act shall be deposited into in a special |
12 | | fund in the State Treasury to be known as the Police Training |
13 | | Board Services Fund. The moneys deposited into in the Police |
14 | | Training Board Services Fund shall be appropriated to the |
15 | | Board for expenses of the Board for the administration and |
16 | | conduct of training. Beginning June 30, 2026, all fees or |
17 | | moneys received by the Board under this Act shall be deposited |
18 | | into the Law Enforcement Training Fund. |
19 | | On June 30, 2026, or as soon thereafter as practical, the |
20 | | State Comptroller shall direct and the State Treasurer shall |
21 | | transfer the remaining balance from the Police Training Board |
22 | | Services Fund into the Law Enforcement Training Fund. Upon |
23 | | completion of the transfer, the Police Training Board Services |
24 | | Fund is dissolved, and any future deposits due to that Fund and |
25 | | any outstanding obligations or liabilities of that Fund pass |
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1 | | to the Law Enforcement Training Fund. |
2 | | (Source: P.A. 101-577, eff. 8-23-19.)
|
3 | | Section 30-95. The Metropolitan Pier and Exposition |
4 | | Authority Act is amended by changing Section 13.3 as follows:
|
5 | | (70 ILCS 210/13.3) |
6 | | Sec. 13.3. MPEA Reserve Fund. There is hereby created the |
7 | | MPEA Reserve Fund in the State Treasury. If any amount of the |
8 | | 2010 deficiency amount is paid to the State Treasurer pursuant |
9 | | to paragraph (3) of subsection (g) of Section 13 or Section |
10 | | 13.2 on any date after July 6, 2017 ( the effective date of |
11 | | Public Act 100-23) this amendatory Act of the 100th General |
12 | | Assembly , the Comptroller shall order transferred, and the |
13 | | Treasurer shall transfer an equal amount from the General |
14 | | Revenue Fund into the MPEA Reserve Fund. Amounts in the MPEA |
15 | | Reserve Fund shall be administered by the Treasurer as |
16 | | follows: |
17 | | (a) On July 1 of each fiscal year, the State Treasurer |
18 | | shall transfer from the MPEA Reserve Fund to the General |
19 | | Revenue Fund an amount equal to 100% of any post-2010 |
20 | | deficiency amount. |
21 | | (b) Notwithstanding subsection (a) of this Section, |
22 | | any amounts in the MPEA Reserve Fund may be appropriated |
23 | | by law for any other authorized purpose. |
24 | | (c) All amounts in the MPEA Reserve Fund shall be |
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1 | | deposited into the General Revenue Fund when bonds and |
2 | | notes issued under Section 13.2, including bonds and notes |
3 | | issued to refund those bonds and notes, are no longer |
4 | | outstanding. |
5 | | Notwithstanding any other provision of law, on July 1, |
6 | | 2025, or as soon thereafter as practical, the State |
7 | | Comptroller shall direct and the State Treasurer shall |
8 | | transfer the remaining balance from the MPEA Reserve Fund into |
9 | | the General Revenue Fund. Upon completion of the transfer, the |
10 | | MPEA Reserve Fund is dissolved, and any future deposits due to |
11 | | that Fund and any outstanding obligations or liabilities of |
12 | | that Fund pass to the General Revenue Fund. This Section is |
13 | | repealed on January 1, 2026. |
14 | | (Source: P.A. 100-23, eff. 7-6-17.)
|
15 | | Section 30-100. The School Code is amended by changing |
16 | | Section 22-83 as follows:
|
17 | | (105 ILCS 5/22-83) |
18 | | Sec. 22-83. Police training academy job training program. |
19 | | (a) In a county of 175,000 or more inhabitants, any school |
20 | | district with a high school may establish one or more |
21 | | partnerships with a local police department, county sheriff, |
22 | | or police training academy to establish a jobs training |
23 | | program for high school students. The school district shall |
24 | | establish its partnership or partnerships on behalf of all of |
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1 | | the high schools in the district; no high school shall |
2 | | establish a partnership for this purpose separate from the |
3 | | school district's partnership under this Section. The jobs |
4 | | training program shall be open to all students, regardless of |
5 | | prior academic history. However, to encourage and maintain |
6 | | successful program participation and partnerships, the school |
7 | | districts and their partner agencies may impose specific |
8 | | program requirements. |
9 | | (b) The State Board of Education shall track participation |
10 | | and the success of students participating in the jobs training |
11 | | program established under this Section and annually publish a |
12 | | report on its website examining the program and its success. |
13 | | (c) Participating counties, school districts, and law |
14 | | enforcement partners may seek federal, State, and private |
15 | | funds to support the police training academy job training and |
16 | | scholarship programs established under Section 65.95 of the |
17 | | Higher Education Student Assistance Act and this Section. |
18 | | (Source: P.A. 100-331, eff. 1-1-18 .)
|
19 | | Section 30-105. The Board of Higher Education Act is |
20 | | amended by changing Section 9.36 as follows:
|
21 | | (110 ILCS 205/9.36) |
22 | | Sec. 9.36. Processing fee. |
23 | | (a) The Board may collect a fee to cover the cost of |
24 | | processing and handling individual student-level data requests |
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1 | | pursuant to an approved data sharing agreement. The fee shall |
2 | | not be assessed on any entities that are complying with State |
3 | | or federal-mandated reporting. The fee shall be set by the |
4 | | Board by rule. Money from the fee shall be deposited into the |
5 | | BHE Data and Research Cost Recovery Fund. |
6 | | (b) The Board may not provide personally identifiable |
7 | | information on individual students except in the case where an |
8 | | approved data sharing agreement is signed that includes |
9 | | specific requirements for safeguarding the privacy and |
10 | | security of any personally identifiable information in |
11 | | compliance with the federal Family Educational Rights and |
12 | | Privacy Act of 1974. |
13 | | (c) The BHE Data and Research Cost Recovery Fund is |
14 | | created as a special fund in the State treasury. The Board |
15 | | shall deposit into the Fund moneys received from processing |
16 | | requests for individual student-level data. All moneys in the |
17 | | Fund shall be used by the Board, subject to appropriation, for |
18 | | costs associated with maintaining and updating the individual |
19 | | student-level data systems. |
20 | | (d) On June 30, 2026, or as soon thereafter as practical, |
21 | | the State Comptroller shall direct and the State Treasurer |
22 | | shall transfer the remaining balance from the BHE Data and |
23 | | Research Cost Recovery Fund into the General Revenue Fund. |
24 | | Upon completion of the transfer, the BHE Data and Research |
25 | | Cost Recovery Fund is dissolved, and any future deposits due |
26 | | to that Fund and any outstanding obligations or liabilities of |
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1 | | that Fund shall pass to the General Revenue Fund. |
2 | | (Source: P.A. 100-417, eff. 8-25-17.)
|
3 | | Section 30-110. The Higher Education Student Assistance |
4 | | Act is amended by changing Sections 45 and 65.95 as follows:
|
5 | | (110 ILCS 947/45) |
6 | | Sec. 45. Illinois National Guard and Naval Militia grant |
7 | | program. |
8 | | (a) As used in this Section: |
9 | | " State-controlled State controlled university or community |
10 | | college" means those institutions under the administration of |
11 | | the Chicago State University Board of Trustees, the Eastern |
12 | | Illinois University Board of Trustees, the Governors State |
13 | | University Board of Trustees, the Illinois State University |
14 | | Board of Trustees, the Northeastern Illinois University Board |
15 | | of Trustees, the Northern Illinois University Board of |
16 | | Trustees, the Western Illinois University Board of Trustees, |
17 | | Southern Illinois University Board of Trustees, University of |
18 | | Illinois Board of Trustees, or the Illinois Community College |
19 | | Board. |
20 | | "Tuition and fees" does shall not include expenses for any |
21 | | sectarian or denominational instruction, the construction or |
22 | | maintenance of sectarian or denominational facilities, or any |
23 | | other sectarian or denominational purposes or activity. |
24 | | "Fees" means matriculation, graduation, activity, term, or |
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1 | | incidental fees. Exemption shall not be granted from any other |
2 | | fees, including book rental, service, laboratory, supply, and |
3 | | union building fees, hospital and medical insurance fees, and |
4 | | any fees established for the operation and maintenance of |
5 | | buildings, the income of which is pledged to the payment of |
6 | | interest and principal on bonds issued by the governing board |
7 | | of any university or community college. |
8 | | (b) Any person who has served at least one year in the |
9 | | Illinois National Guard or the Illinois Naval Militia and who |
10 | | possesses all necessary entrance requirements shall, upon |
11 | | application and proper proof, be awarded a grant to the |
12 | | State-controlled university or community college of his or her |
13 | | choice, consisting of exemption from tuition and fees for not |
14 | | more than the equivalent of 4 years of full-time enrollment, |
15 | | including summer terms, in relation to his or her course of |
16 | | study at that State-controlled State controlled university or |
17 | | community college while he or she is a member of the Illinois |
18 | | National Guard or the Illinois Naval Militia. Beginning with |
19 | | the 2013-2014 academic year, any person who has served over 10 |
20 | | years in the Illinois National Guard shall be awarded an |
21 | | additional grant to the State-controlled university or |
22 | | community college of his or her choice, consisting of an |
23 | | exemption from tuition and fees for not more than the |
24 | | equivalent of an additional 2 years of full-time enrollment, |
25 | | including summer terms. Except as otherwise provided in this |
26 | | Section, if the recipient of any grant awarded under this |
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1 | | Section ceases to be a member of the Illinois National Guard or |
2 | | the Illinois Naval Militia while enrolled in a course of study |
3 | | under that grant, the grant shall be terminated as of the date |
4 | | membership in the Illinois National Guard or the Illinois |
5 | | Naval Militia ended, and the recipient shall be permitted to |
6 | | complete the school term in which he or she is then enrolled |
7 | | only upon payment of tuition and other fees allocable to the |
8 | | part of the term then remaining. If the recipient of a grant |
9 | | awarded under this Section ceases to be a member of the |
10 | | Illinois National Guard or the Illinois Naval Militia while |
11 | | enrolled in a course of study under that grant but (i) has |
12 | | served in the Illinois National Guard or the Illinois Naval |
13 | | Militia for at least 5 years and (ii) has served a cumulative |
14 | | total of at least 6 months of active duty, then that recipient |
15 | | shall continue to be eligible for a grant for one year after |
16 | | membership in the Illinois National Guard or the Illinois |
17 | | Naval Militia ended, provided that the recipient has not |
18 | | already received the exemption from tuition and fees for the |
19 | | equivalent of 4 years of full-time enrollment, including |
20 | | summer terms, under this Section. If the recipient of the |
21 | | grant fails to complete his or her military service |
22 | | obligations or requirements for satisfactory participation, |
23 | | the Department of Military Affairs shall require the recipient |
24 | | to repay the amount of the grant received, prorated according |
25 | | to the fraction of the service obligation not completed, and, |
26 | | if applicable, reasonable collection fees. The Department of |
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1 | | Military Affairs may adopt rules relating to its collection |
2 | | activities for repayment of the grant under this Section. |
3 | | Unsatisfactory participation shall be defined by rules adopted |
4 | | by the Department of Military Affairs. Repayments shall be |
5 | | deposited into in the National Guard and Naval Militia Grant |
6 | | Fund. The National Guard and Naval Militia Grant Fund is |
7 | | created as a special fund in the State treasury. All money in |
8 | | the National Guard and Naval Militia Grant Fund shall be used, |
9 | | subject to appropriation, by the Illinois Student Assistance |
10 | | Commission for the purposes of this Section. On June 30, 2026, |
11 | | or as soon thereafter as practical, the State Comptroller |
12 | | shall direct and the State Treasurer shall transfer the |
13 | | remaining balance from the National Guard and Naval Militia |
14 | | Grant Fund into the General Revenue Fund. Upon completion of |
15 | | the transfer, the National Guard and Naval Militia Grant Fund |
16 | | is dissolved, and any future deposits due to that Fund and any |
17 | | outstanding obligations or liabilities of that Fund shall pass |
18 | | to the General Revenue Fund. |
19 | | A grant awarded under this Section shall be considered an |
20 | | entitlement which the State-controlled university or community |
21 | | college in which the holder is enrolled shall honor without |
22 | | any condition other than the holder's maintenance of minimum |
23 | | grade levels and a satisfactory student loan repayment record |
24 | | pursuant to subsection (c) of Section 20 of this Act. |
25 | | (c) Subject to a separate appropriation for such purposes, |
26 | | the Commission may reimburse the State-controlled university |
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1 | | or community college for grants authorized by this Section. |
2 | | (Source: P.A. 98-314, eff. 8-12-13.)
|
3 | | (110 ILCS 947/65.95) |
4 | | Sec. 65.95. Police training academy job training |
5 | | scholarship program. |
6 | | (a) The Commission shall, each year, receive applications |
7 | | for scholarships under this Section. An applicant is eligible |
8 | | for a scholarship under this Section if the Commission finds |
9 | | that the applicant has successfully completed the police |
10 | | training academy job training program established under |
11 | | Section 22-83 of the School Code and been accepted to a public |
12 | | institution of higher learning in the State. |
13 | | (b) Applicants who are determined to be eligible for |
14 | | assistance under this Section shall receive, subject to |
15 | | appropriation from the Police Training Academy Job Training |
16 | | Program and Scholarship Fund , a renewable scholarship to be |
17 | | applied to tuition and mandatory fees and paid directly to the |
18 | | public institution of higher learning at which the applicant |
19 | | is enrolled. However, the total amount of assistance awarded |
20 | | by the Commission under this Section to an individual in any |
21 | | fiscal year, when added to other financial assistance awarded |
22 | | by the Commission to that individual for that fiscal year, |
23 | | must not exceed the cost of attendance at the institution of |
24 | | higher learning at which the student is enrolled. |
25 | | (c) A scholarship awarded under this Section may be |
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1 | | renewed for a total of up to 4 years of full-time enrollment. |
2 | | The Commission may by rule set the academic requirements |
3 | | necessary to maintain participation in the program. |
4 | | (d) Students granted a scholarship under this Section |
5 | | shall be granted access to any needed noncredit remedial |
6 | | courses in order to ensure academic success at the public |
7 | | institution of higher learning. Students granted a scholarship |
8 | | under this Section shall also be admitted to a student |
9 | | retention program offered by the public institution of higher |
10 | | learning, including, but not limited to, any CHANCE program |
11 | | the public institution may have established. |
12 | | (e) The Commission shall make all necessary and proper |
13 | | rules not inconsistent with this Section for its effective |
14 | | implementation. |
15 | | (Source: P.A. 100-331, eff. 1-1-18 .)
|
16 | | Section 30-115. The Public Utilities Act is amended by |
17 | | changing Section 8-403.1 as follows:
|
18 | | (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1) |
19 | | Sec. 8-403.1. Electricity purchased from qualified solid |
20 | | waste energy facility; tax credit; distributions for economic |
21 | | development. |
22 | | (a) It is hereby declared to be the policy of this State to |
23 | | encourage the development of alternate energy production |
24 | | facilities in order to conserve our energy resources and to |
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1 | | provide for their most efficient use. |
2 | | (b) For the purpose of this Section and Section 9-215.1, |
3 | | "qualified solid waste energy facility" means a facility |
4 | | determined by the Illinois Commerce Commission to qualify as |
5 | | such under the Local Solid Waste Disposal Act, to use methane |
6 | | gas generated from landfills as its primary fuel, and to |
7 | | possess characteristics that would enable it to qualify as a |
8 | | cogeneration or small power production facility under federal |
9 | | law. |
10 | | (c) In furtherance of the policy declared in this Section, |
11 | | the Illinois Commerce Commission shall require electric |
12 | | utilities to enter into long-term contracts to purchase |
13 | | electricity from qualified solid waste energy facilities |
14 | | located in the electric utility's service area, for a period |
15 | | beginning on the date that the facility begins generating |
16 | | electricity and having a duration of not less than 10 years in |
17 | | the case of facilities fueled by landfill-generated methane, |
18 | | or 20 years in the case of facilities fueled by methane |
19 | | generated from a landfill owned by a forest preserve district. |
20 | | The purchase rate contained in such contracts shall be equal |
21 | | to the average amount per kilowatt-hour paid from time to time |
22 | | by the unit or units of local government in which the |
23 | | electricity generating facilities are located, excluding |
24 | | amounts paid for street lighting and pumping service. |
25 | | (d) Whenever a public utility is required to purchase |
26 | | electricity pursuant to subsection (c) above, it shall be |
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1 | | entitled to credits in respect of its obligations to remit to |
2 | | the State taxes it has collected under the Electricity Excise |
3 | | Tax Law equal to the amounts, if any, by which payments for |
4 | | such electricity exceed (i) the then current rate at which the |
5 | | utility must purchase the output of qualified facilities |
6 | | pursuant to the federal Public Utility Regulatory Policies Act |
7 | | of 1978, less (ii) any costs, expenses, losses, damages or |
8 | | other amounts incurred by the utility, or for which it becomes |
9 | | liable, arising out of its failure to obtain such electricity |
10 | | from such other sources. The amount of any such credit shall, |
11 | | in the first instance, be determined by the utility, which |
12 | | shall make a monthly report of such credits to the Illinois |
13 | | Commerce Commission and, on its monthly tax return, to the |
14 | | Illinois Department of Revenue. Under no circumstances shall a |
15 | | utility be required to purchase electricity from a qualified |
16 | | solid waste energy facility at the rate prescribed in |
17 | | subsection (c) of this Section if such purchase would result |
18 | | in estimated tax credits that exceed, on a monthly basis, the |
19 | | utility's estimated obligation to remit to the State taxes it |
20 | | has collected under the Electricity Excise Tax Law. The owner |
21 | | or operator shall negotiate facility operating conditions with |
22 | | the purchasing utility in accordance with that utility's |
23 | | posted standard terms and conditions for small power |
24 | | producers. If the Department of Revenue disputes the amount of |
25 | | any such credit, such dispute shall be decided by the Illinois |
26 | | Commerce Commission. Whenever a qualified solid waste energy |
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1 | | facility has paid or otherwise satisfied in full the capital |
2 | | costs or indebtedness incurred in developing and implementing |
3 | | the qualified solid waste energy facility, whenever the |
4 | | qualified solid waste energy facility ceases to operate and |
5 | | produce electricity from methane gas generated from landfills, |
6 | | or at the end of the contract entered into pursuant to |
7 | | subsection (c) of this Section, whichever occurs first, the |
8 | | qualified solid waste energy facility shall reimburse the |
9 | | Public Utility Fund and the General Revenue Fund in the State |
10 | | treasury for the actual reduction in payments to those Funds |
11 | | caused by this subsection (d) in a manner to be determined by |
12 | | the Illinois Commerce Commission and based on the manner in |
13 | | which revenues for those Funds were reduced. The payments |
14 | | shall be made to the Illinois Commerce Commission, which shall |
15 | | determine the appropriate disbursements to the Public Utility |
16 | | Fund and the General Revenue Fund based on this subsection |
17 | | (d). |
18 | | (e) The Illinois Commerce Commission shall not require an |
19 | | electric utility to purchase electricity from any qualified |
20 | | solid waste energy facility which is owned or operated by an |
21 | | entity that is primarily engaged in the business of producing |
22 | | or selling electricity, gas, or useful thermal energy from a |
23 | | source other than one or more qualified solid waste energy |
24 | | facilities. |
25 | | (e-5) A qualified solid waste energy facility may receive |
26 | | the purchase rate provided in subsection (c) of this Section |
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1 | | only for kilowatt-hours generated by the use of methane gas |
2 | | generated from landfills. The purchase rate provided in |
3 | | subsection (c) of this Section does not apply to electricity |
4 | | generated by the use of a fuel that is not methane gas |
5 | | generated from landfills. If the Illinois Commerce Commission |
6 | | determines that a qualified solid waste energy facility has |
7 | | violated the requirement regarding the use of methane gas |
8 | | generated from a landfill as set forth in this subsection |
9 | | (e-5), then the Commission shall issue an order requiring that |
10 | | the qualified solid waste energy facility repay the State for |
11 | | all dollar amounts of electricity sales that are determined by |
12 | | the Commission to be the result of the violation. As part of |
13 | | that order, the Commission shall have the authority to revoke |
14 | | the facility's approval to act as a qualified solid waste |
15 | | energy facility granted by the Commission under this Section. |
16 | | If the amount owed by the qualified solid waste energy |
17 | | facility is not received by the Commission within 90 days |
18 | | after the date of the Commission's order that requires |
19 | | repayment, then the Commission shall issue an order that |
20 | | revokes the facility's approval to act as a qualified solid |
21 | | waste energy facility granted by the Commission under this |
22 | | Section. The Commission's action that vacates prior qualified |
23 | | solid waste energy facility approval does not excuse the |
24 | | repayment to the State treasury required by subsection (d) of |
25 | | this Section for utility tax credits accumulated up to the |
26 | | time of the Commission's action. A qualified solid waste |
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1 | | energy facility must receive Commission approval before it may |
2 | | use any fuel in addition to methane gas generated from a |
3 | | landfill in order to generate electricity. If a qualified |
4 | | solid waste energy facility petitions the Commission to use |
5 | | any fuel in addition to methane gas generated from a landfill |
6 | | to generate electricity, then the Commission shall have the |
7 | | authority to do the following: |
8 | | (1) establish the methodology for determining the |
9 | | amount of electricity that is generated by the use of |
10 | | methane gas generated from a landfill and the amount that |
11 | | is generated by the use of other fuel; |
12 | | (2) determine all reporting requirements for the |
13 | | qualified solid waste energy facility that are necessary |
14 | | for the Commission to determine the amount of electricity |
15 | | that is generated by the use of methane gas from a landfill |
16 | | and the amount that is generated by the use of other fuel |
17 | | and the resulting payments to the qualified solid waste |
18 | | energy facility; and |
19 | | (3) require that the qualified solid waste energy |
20 | | facility, at the qualified solid waste energy facility's |
21 | | expense, install metering equipment that the Commission |
22 | | determines is necessary to enforce compliance with this |
23 | | subsection (e-5). |
24 | | A public utility that is required to enter into a |
25 | | long-term purchase contract with a qualified solid waste |
26 | | energy facility has no duty to determine whether the |
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1 | | electricity being purchased was generated by the use of |
2 | | methane gas generated from a landfill or was generated by the |
3 | | use of some other fuel in violation of the requirements of this |
4 | | subsection (e-5). |
5 | | (f) This Section does not require an electric utility to |
6 | | construct additional facilities unless those facilities are |
7 | | paid for by the owner or operator of the affected qualified |
8 | | solid waste energy facility. |
9 | | (g) The Illinois Commerce Commission shall require that: |
10 | | (1) electric utilities use the electricity purchased from a |
11 | | qualified solid waste energy facility to displace electricity |
12 | | generated from nuclear power or coal mined and purchased |
13 | | outside the boundaries of the State of Illinois before |
14 | | displacing electricity generated from coal mined and purchased |
15 | | within the State of Illinois, to the extent possible, and (2) |
16 | | electric utilities report annually to the Commission on the |
17 | | extent of such displacements. |
18 | | (h) Nothing in this Section is intended to cause an |
19 | | electric utility that is required to purchase power hereunder |
20 | | to incur any economic loss as a result of its purchase. All |
21 | | amounts paid for power which a utility is required to purchase |
22 | | pursuant to subparagraph (c) shall be deemed to be costs |
23 | | prudently incurred for purposes of computing charges under |
24 | | rates authorized by Section 9-220 of this Act. Tax credits |
25 | | provided for herein shall be reflected in charges made |
26 | | pursuant to rates so authorized to the extent such credits are |
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1 | | based upon a cost which is also reflected in such charges. |
2 | | (i) (Blank). Beginning in February 1999 and through |
3 | | January 2013, each qualified solid waste energy facility that |
4 | | sells electricity to an electric utility at the purchase rate |
5 | | described in subsection (c) shall file with the Department of |
6 | | Revenue on or before the 15th of each month a form, prescribed |
7 | | by the Department of Revenue, that states the number of |
8 | | kilowatt hours of electricity for which payment was received |
9 | | at that purchase rate from electric utilities in Illinois |
10 | | during the immediately preceding month. This form shall be |
11 | | accompanied by a payment from the qualified solid waste energy |
12 | | facility in an amount equal to six-tenths of a mill ($0.0006) |
13 | | per kilowatt hour of electricity stated on the form. Beginning |
14 | | on the effective date of this amendatory Act of the 92nd |
15 | | General Assembly, a qualified solid waste energy facility must |
16 | | file the form required under this subsection (i) before the |
17 | | 15th of each month regardless of whether the facility received |
18 | | any payment in the previous month. Payments received by the |
19 | | Department of Revenue shall be deposited into the Municipal |
20 | | Economic Development Fund, a trust fund created outside the |
21 | | State treasury. The State Treasurer may invest the moneys in |
22 | | the Fund in any investment authorized by the Public Funds |
23 | | Investment Act, and investment income shall be deposited into |
24 | | and become part of the Fund. Moneys in the Fund shall be used |
25 | | by the State Treasurer as provided in subsection (j). |
26 | | Beginning on July 1, 2006 through January 31, 2013, each |
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1 | | month the State Treasurer shall certify the following to the |
2 | | State Comptroller: |
3 | | (A) the amount received by the Department of Revenue |
4 | | under this subsection (i) during the immediately preceding |
5 | | month; and |
6 | | (B) the amount received by the Department of Revenue |
7 | | under this subsection (i) in the corresponding month in |
8 | | calendar year 2002. |
9 | | As soon as practicable after receiving the certification from |
10 | | the State Treasurer, the State Comptroller shall transfer from |
11 | | the General Revenue Fund to the Municipal Economic Development |
12 | | Fund in the State treasury an amount equal to the amount by |
13 | | which the amount calculated under item (B) of this paragraph |
14 | | exceeds the amount calculated under item (A) of this |
15 | | paragraph, if any. |
16 | | The obligation of a qualified solid waste energy facility |
17 | | to make payments into the Municipal Economic Development Fund |
18 | | shall terminate upon either: (1) expiration or termination of |
19 | | a facility's contract to sell electricity to an electric |
20 | | utility at the purchase rate described in subsection (c); or |
21 | | (2) entry of an enforceable, final, and non-appealable order |
22 | | by a court of competent jurisdiction that Public Act 89-448 is |
23 | | invalid. Payments by a qualified solid waste energy facility |
24 | | into the Municipal Economic Development Fund do not relieve |
25 | | the qualified solid waste energy facility of its obligation to |
26 | | reimburse the Public Utility Fund and the General Revenue Fund |
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1 | | for the actual reduction in payments to those Funds as a result |
2 | | of credits received by electric utilities under subsection |
3 | | (d). |
4 | | A qualified solid waste energy facility that fails to |
5 | | timely file the requisite form and payment as required by this |
6 | | subsection (i) shall be subject to penalties and interest in |
7 | | conformance with the provisions of the Illinois Uniform |
8 | | Penalty and Interest Act. |
9 | | Every qualified solid waste energy facility subject to the |
10 | | provisions of this subsection (i) shall keep and maintain |
11 | | records and books of its sales pursuant to subsection (c), |
12 | | including payments received from those sales and the |
13 | | corresponding tax payments made in accordance with this |
14 | | subsection (i), and for purposes of enforcement of this |
15 | | subsection (i) all such books and records shall be subject to |
16 | | inspection by the Department of Revenue or its duly authorized |
17 | | agents or employees. |
18 | | When a qualified solid waste energy facility fails to file |
19 | | the form or make the payment required under this subsection |
20 | | (i), the Department of Revenue, to the extent that it is |
21 | | practical, may enforce the payment obligation in a manner |
22 | | consistent with Section 5 of the Retailers' Occupation Tax |
23 | | Act, and if necessary may impose and enforce a tax lien in a |
24 | | manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, and |
25 | | 5i of the Retailers' Occupation Tax Act. No tax lien may be |
26 | | imposed or enforced, however, unless a qualified solid waste |
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1 | | energy facility fails to make the payment required under this |
2 | | subsection (i). Only to the extent necessary and for the |
3 | | purpose of enforcing this subsection (i), the Department of |
4 | | Revenue may secure necessary information from a qualified |
5 | | solid waste energy facility in a manner consistent with |
6 | | Section 10 of the Retailers' Occupation Tax Act. |
7 | | All information received by the Department of Revenue in |
8 | | its administration and enforcement of this subsection (i) |
9 | | shall be confidential in a manner consistent with Section 11 |
10 | | of the Retailers' Occupation Tax Act. The Department of |
11 | | Revenue may adopt rules to implement the provisions of this |
12 | | subsection (i). |
13 | | For purposes of implementing the maximum aggregate |
14 | | distribution provisions in subsections (j) and (k), when a |
15 | | qualified solid waste energy facility makes a late payment to |
16 | | the Department of Revenue for deposit into the Municipal |
17 | | Economic Development Fund, that payment and deposit shall be |
18 | | attributed to the month and corresponding quarter in which the |
19 | | payment should have been made, and the Treasurer shall make |
20 | | retroactive distributions or refunds, as the case may be, |
21 | | whenever such late payments so require. |
22 | | (j) (Blank). The State Treasurer, without appropriation, |
23 | | must make distributions immediately after January 15, April |
24 | | 15, July 15, and October 15 of each year, up to maximum |
25 | | aggregate distributions of $500,000 for the distributions made |
26 | | in the 4 quarters beginning with the April distribution and |
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1 | | ending with the January distribution, from the Municipal |
2 | | Economic Development Fund to each city, village, or |
3 | | incorporated town located in Cook County that has approved |
4 | | construction within its boundaries of an incinerator that will |
5 | | burn recovered wood processed for fuel to generate electricity |
6 | | and will commence operation after 2009. Total distributions in |
7 | | the aggregate to all qualified cities, villages, and |
8 | | incorporated towns in the 4 quarters beginning with the April |
9 | | distribution and ending with the January distribution shall |
10 | | not exceed $500,000. The amount of each distribution shall be |
11 | | determined pro rata based on the population of the city, |
12 | | village, or incorporated town compared to the total population |
13 | | of all cities, villages, and incorporated towns eligible to |
14 | | receive a distribution. Distributions received by a city, |
15 | | village, or incorporated town must be held in a separate |
16 | | account and may be used only to promote and enhance |
17 | | industrial, commercial, residential, service, transportation, |
18 | | and recreational activities and facilities within its |
19 | | boundaries, thereby enhancing the employment opportunities, |
20 | | public health and general welfare, and economic development |
21 | | within the community, including administrative expenditures |
22 | | exclusively to further these activities. Distributions may |
23 | | also be used for cleanup of open dumping from vacant |
24 | | properties and the removal of structures condemned by the |
25 | | city, village, or incorporated town. These funds, however, |
26 | | shall not be used by the city, village, or incorporated town, |
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1 | | directly or indirectly, to purchase, lease, operate, or in any |
2 | | way subsidize the operation of any incinerator, and these |
3 | | funds shall not be paid, directly or indirectly, by the city, |
4 | | village, or incorporated town to the owner, operator, lessee, |
5 | | shareholder, or bondholder of any incinerator. Moreover, these |
6 | | funds shall not be used to pay attorneys fees in any litigation |
7 | | relating to the validity of Public Act 89-448. Nothing in this |
8 | | Section prevents a city, village, or incorporated town from |
9 | | using other corporate funds for any legitimate purpose. For |
10 | | purposes of this subsection, the term "municipal waste" has |
11 | | the meaning ascribed to it in Section 3.290 of the |
12 | | Environmental Protection Act. |
13 | | (k) (Blank). If maximum aggregate distributions of |
14 | | $500,000 under subsection (j) have been made after the January |
15 | | distribution from the Municipal Economic Development Fund, |
16 | | then the balance in the Fund shall be refunded to the qualified |
17 | | solid waste energy facilities that made payments that were |
18 | | deposited into the Fund during the previous 12-month period. |
19 | | The refunds shall be prorated based upon the facility's |
20 | | payments in relation to total payments for that 12-month |
21 | | period. |
22 | | (l) (Blank). Beginning January 1, 2000, and each January 1 |
23 | | thereafter, each city, village, or incorporated town that |
24 | | received distributions from the Municipal Economic Development |
25 | | Fund, continued to hold any of those distributions, or made |
26 | | expenditures from those distributions during the immediately |
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1 | | preceding year shall submit to a financial and compliance and |
2 | | program audit of those distributions performed by the Auditor |
3 | | General at no cost to the city, village, or incorporated town |
4 | | that received the distributions. The audit should be completed |
5 | | by June 30 or as soon thereafter as possible. The audit shall |
6 | | be submitted to the State Treasurer and those officers |
7 | | enumerated in Section 3-14 of the Illinois State Auditing Act. |
8 | | If the Auditor General finds that distributions have been |
9 | | expended in violation of this Section, the Auditor General |
10 | | shall refer the matter to the Attorney General. The Attorney |
11 | | General may recover, in a civil action, 3 times the amount of |
12 | | any distributions illegally expended. For purposes of this |
13 | | subsection, the terms "financial audit," "compliance audit", |
14 | | and "program audit" have the meanings ascribed to them in |
15 | | Sections 1-13 and 1-15 of the Illinois State Auditing Act. |
16 | | (m) On and after June 6, 2006 ( the effective date of Public |
17 | | Act 94-836) this amendatory Act of the 94th General Assembly , |
18 | | beginning on the first date on which renewable energy |
19 | | certificates or other salable saleable representations are |
20 | | sold by a qualified solid waste energy facility, with or |
21 | | without the electricity generated by the facility, and |
22 | | utilized by an electric utility or another electric supplier |
23 | | to comply with a renewable energy portfolio standard mandated |
24 | | by Illinois law or mandated by order of the Illinois Commerce |
25 | | Commission, that qualified solid waste energy facility may not |
26 | | sell electricity pursuant to this Section and shall be exempt |
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1 | | from the requirements of subsections (a) through (l) of this |
2 | | Section, except that it shall remain obligated for any |
3 | | reimbursements required under subsection (d) of this Section. |
4 | | All of the provisions of this Section shall remain in full |
5 | | force and effect with respect to any qualified solid waste |
6 | | energy facility that sold electric energy pursuant to this |
7 | | Section at any time before July 1, 2006 and that does not sell |
8 | | renewable energy certificates or other salable saleable |
9 | | representations to meet the requirements of a renewable energy |
10 | | portfolio standard mandated by Illinois law or mandated by |
11 | | order of the Illinois Commerce Commission. |
12 | | (n) Notwithstanding any other provision of law to the |
13 | | contrary, beginning on July 1, 2006, the Illinois Commerce |
14 | | Commission shall not issue any order determining that a |
15 | | facility is a qualified solid waste energy facility unless the |
16 | | qualified solid waste energy facility was determined by the |
17 | | Illinois Commerce Commission to be a qualified solid waste |
18 | | energy facility before July 1, 2006. As a guide to the intent, |
19 | | interpretation, and application of Public Act 94-836 this |
20 | | amendatory Act of the 94th General Assembly , it is hereby |
21 | | declared to be the policy of this State to honor each qualified |
22 | | solid waste energy facility contract in existence on June 6, |
23 | | 2006 ( the effective date of Public Act 94-836) this amendatory |
24 | | Act of the 94th General Assembly if the qualified solid waste |
25 | | energy facility continues to meet the requirements of this |
26 | | Section for the duration of its respective contract term. |
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1 | | (Source: P.A. 96-449, eff. 8-14-09.)
|
2 | | Section 30-120. The Illinois Horse Racing Act of 1975 is |
3 | | amended by adding Section 57 as follows:
|
4 | | (230 ILCS 5/57 new) |
5 | | Sec. 57. Fund dissolution. Notwithstanding any other |
6 | | provision of law to the contrary and in addition to any other |
7 | | transfers that may be provided by law, on June 30, 2026, or as |
8 | | soon thereafter as practical, the State Comptroller shall |
9 | | direct and the State Treasurer shall transfer the remaining |
10 | | balance from the Illinois Veterans' Rehabilitation Fund into |
11 | | the General Revenue Fund. Upon completion of the transfer, the |
12 | | Illinois Veterans' Rehabilitation Fund is dissolved, and any |
13 | | future deposits due to that Fund and any outstanding |
14 | | obligations or liabilities of that Fund pass to the General |
15 | | Revenue Fund. This Section is repealed on January 1, 2027.
|
16 | | (305 ILCS 43/Act rep.) |
17 | | Section 30-125. The Farmers' Market Technology Improvement |
18 | | Program Act is repealed.
|
19 | | Section 30-130. The Illinois Pesticide Act is amended by |
20 | | changing Sections 13.2, 22.2, and 22.3 as follows:
|
21 | | (415 ILCS 60/13.2) |
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1 | | Sec. 13.2. Agrichemical facility. |
2 | | (a) An agrichemical facility located within the State of |
3 | | Illinois that was not in existence during the years 1991, |
4 | | 1992, and 1993 and therefore did not pay the registration fee |
5 | | of $500 per year per agrichemical facility for those years may |
6 | | make a one-time payment of $1,500 to the Department of |
7 | | Agriculture for deposit into the Pesticide Control |
8 | | Agrichemical Incident Response Trust Fund to meet the |
9 | | eligibility requirement of subdivision (2) of subsection (a) |
10 | | of Section 22.3 of this Act. The payment must be received by |
11 | | the Department of Agriculture prior to an incident for which |
12 | | reimbursement is sought under Section 22.3 to qualify for |
13 | | eligibility under subdivision (2) of subsection (a) of Section |
14 | | 22.3. |
15 | | (b) An agrichemical facility located within the State of |
16 | | Illinois that was not in existence during the years 1991, |
17 | | 1992, and 1993 and therefore did not pay the registration fee |
18 | | of $500 per year per agrichemical facility for those years may |
19 | | also meet the eligibility requirement of subdivision (2) of |
20 | | subsection (a) of Section 22.3 of this Act through the |
21 | | transfer of eligibility from a facility under the same |
22 | | ownership whose operations were discontinued after 1993 and |
23 | | replaced by the new facility. To qualify for the eligibility |
24 | | transfer, the owner must submit a written request for the |
25 | | eligibility transfer to the Department of Agriculture, must |
26 | | have paid the $500 registration fee for each of the years 1991, |
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1 | | 1992, and 1993 for the original facility, and completed all |
2 | | closure requirements contained in rules promulgated by the |
3 | | Department of Agriculture. Upon receipt of the eligibility |
4 | | transfer request, the Department of Agriculture shall review |
5 | | the submittal and all related containment facility files and |
6 | | shall notify the owner whether eligibility can be transferred. |
7 | | (c) An agrichemical facility located within the State of |
8 | | Illinois that was in existence during the years 1991, 1992, |
9 | | and 1993 but did not pay the registration fee of $500 per year |
10 | | per agrichemical facility for those years may make payment of |
11 | | the unremitted balance to the Department of Agriculture for |
12 | | deposit into the Pesticide Control Agrichemical Incident |
13 | | Response Trust Fund to meet the eligibility requirement of |
14 | | subdivision (2) of subsection (a) of Section 22.3 of this Act. |
15 | | The payment must be received by the Department of Agriculture |
16 | | prior to an incident for which reimbursement is sought under |
17 | | Section 22.3 to qualify for eligibility under subdivision (2) |
18 | | of subsection (a) of Section 22.3. |
19 | | (d) The moneys collected under this Section shall be |
20 | | deposited into the Pesticide Control Agrichemical Incident |
21 | | Response Trust Fund. |
22 | | (e) For purposes of this Section, "agrichemical facility" |
23 | | means a site: |
24 | | (1) used for commercial purposes, |
25 | | (A) where bulk pesticides are stored in a single |
26 | | container in excess of 300 gallons of liquid pesticide |
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1 | | or 300 pounds of dry pesticide for more than 30 days |
2 | | per year; or |
3 | | (B) where more than 300 gallons of liquid |
4 | | pesticide or 300 pounds of dry pesticide are being |
5 | | mixed, repackaged, or transferred from one container |
6 | | to another within a 30 day period; and |
7 | | (2) that serves at a point in the pesticide |
8 | | distribution chain immediately prior to final use. |
9 | | (Source: P.A. 90-403, eff. 8-15-97.)
|
10 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2) |
11 | | Sec. 22.2. (a) There is hereby created a trust fund in the |
12 | | State Treasury to be known as the Agrichemical Incident |
13 | | Response Trust Fund. Any funds received by the Director of |
14 | | Agriculture from the mandates of Section 13.1 shall be |
15 | | deposited with the Treasurer as ex officio ex-officio |
16 | | custodian and held separate and apart from any public money of |
17 | | this State, with accruing interest on the trust funds |
18 | | deposited into the trust fund. Disbursement from the fund for |
19 | | purposes as set forth in this Section shall be by voucher |
20 | | ordered by the Director and paid by a warrant drawn by the |
21 | | State Comptroller and countersigned by the State Treasurer. |
22 | | The Director shall order disbursements from the Agrichemical |
23 | | Incident Response Trust Fund only for payment of the expenses |
24 | | authorized by this Act. Monies in this trust fund shall not be |
25 | | subject to appropriation by the General Assembly but shall be |
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1 | | subject to audit by the Auditor General. Should the program be |
2 | | terminated, all unobligated funds in the trust fund shall be |
3 | | transferred to a trust fund to be used for purposes as |
4 | | originally intended or be transferred to the Pesticide Control |
5 | | Fund. Interest earned on the Fund shall be deposited into in |
6 | | the Fund. Monies in the Fund may be used by the Department of |
7 | | Agriculture for the following purposes: |
8 | | (1) for payment of costs of response action incurred |
9 | | by owners or operators of agrichemical facilities as |
10 | | provided in Section 22.3 of this Act; |
11 | | (2) for the Department to take emergency action in |
12 | | response to a release of agricultural pesticides from an |
13 | | agrichemical facility that has created an imminent threat |
14 | | to public health or the environment; |
15 | | (3) for the costs of administering its activities |
16 | | relative to the Fund as delineated in subsections (b) and |
17 | | (c) of this Section; and |
18 | | (4) for the Department to: |
19 | | (A) (blank); and |
20 | | (B) administer the Agrichemical Facility Response |
21 | | Action Program. |
22 | | The total annual expenditures from the Fund for these |
23 | | purposes under this paragraph (4) shall not be more than |
24 | | $120,000, and no expenditure from the Fund for these |
25 | | purposes shall be made when the Fund balance becomes less |
26 | | than $750,000. |
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1 | | (b) The action undertaken shall be such as may be |
2 | | necessary or appropriate to protect human health or the |
3 | | environment. |
4 | | (c) The Director of Agriculture is authorized to enter |
5 | | into contracts and agreements as may be necessary to carry out |
6 | | the Department's duties under this Section. |
7 | | (d) Neither the State, the Director, nor any State |
8 | | employee shall be liable for any damages or injury arising out |
9 | | of or resulting from any action taken under this Section. |
10 | | (e) (Blank). |
11 | | (f) On July 1, 2025, or as soon thereafter as practical, |
12 | | the State Comptroller shall direct and the State Treasurer |
13 | | shall transfer the remaining balance from the Agrichemical |
14 | | Incident Response Trust Fund into the Pesticide Control Fund. |
15 | | Upon completion of the transfer, the Agrichemical Incident |
16 | | Response Trust Fund is dissolved, and any future deposits due |
17 | | to that Fund and any outstanding obligations or liabilities of |
18 | | that Fund shall pass to the Pesticide Control Fund. |
19 | | (Source: P.A. 98-692, eff. 7-1-14.)
|
20 | | (415 ILCS 60/22.3) (from Ch. 5, par. 822.3) |
21 | | Sec. 22.3. (a) An owner or operator of an agrichemical |
22 | | facility is eligible to receive money from the Pesticide |
23 | | Control Agrichemical Incident Response Trust Fund for costs of |
24 | | response action only if all of the following requirements are |
25 | | satisfied: |
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1 | | (1) the owner or operator has provided notification of |
2 | | the release as required by law; |
3 | | (2) the owner or operator was current with payment of |
4 | | all fees required under Section 13.1 at the time of the |
5 | | incident; |
6 | | (3) the costs of response action were incurred by the |
7 | | owner or operator as a result of an incident involving a |
8 | | release of an agricultural pesticide at an agrichemical |
9 | | facility in Illinois. |
10 | | (b) The Department shall not approve payment of costs of |
11 | | response action to an owner or operator which would result in |
12 | | the payment of funds from the Pesticide Control Agrichemical |
13 | | Incident Response Trust Fund in excess of $500,000 during a |
14 | | calendar year. The Department shall not approve any payment |
15 | | from the Fund to reimburse an owner or operator for costs of |
16 | | response action incurred by such owner or operator in an |
17 | | amount in excess of $500,000 per incident. |
18 | | (c) Notwithstanding subsection (a) or (b), no owner or |
19 | | operator is eligible to receive money from the Fund unless the |
20 | | owner or operator demonstrates to the Department that, at the |
21 | | time of the incident, the agrichemical facility was in |
22 | | compliance with requirements adopted by the Department for |
23 | | secondary containment of agrichemicals. |
24 | | (d)(1) Costs of response action incurred by an owner or |
25 | | operator relating to an incident which occurred prior to |
26 | | the effective date of this Section are not eligible for |
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1 | | payment or reimbursement under this Section. |
2 | | (2) Costs of response action incurred by an owner or |
3 | | operator prior to reporting the incident as required by |
4 | | law are not eligible for payment or reimbursement under |
5 | | this Section. |
6 | | (3) Costs of response action incurred by an owner or |
7 | | operator which have been paid under a policy of insurance |
8 | | shall not be eligible for payment or reimbursement under |
9 | | this Section. |
10 | | (e) Requests for partial or final payment for claims under |
11 | | this Section shall be sent to the Department and partial or |
12 | | final payment shall be made only if all of the following are |
13 | | satisfied: |
14 | | (1) The owner or operator is eligible under |
15 | | subsections (a) and (c) of this Section; |
16 | | (2) Approval of the payments requested will not result |
17 | | in the limitations set forth in subsection (b) of this |
18 | | Section being exceeded; |
19 | | (3) The owner or operator provides an accounting of |
20 | | all costs, demonstrates the costs to be reasonable, and |
21 | | provides either proof of payment of such costs or |
22 | | demonstrates the financial need for joint payment to the |
23 | | owner or operator and the owner's or operator's contractor |
24 | | in order to pay such costs; |
25 | | (4) The owner or operator demonstrates that the |
26 | | response action taken was necessary and appropriate. |
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1 | | (f) If an owner or operator submits a claim or claims to |
2 | | the Department for approval under this Section, the Department |
3 | | shall deduct from the amount approved a total of $50,000 plus |
4 | | 10% of the total response costs incurred by that owner or |
5 | | operator, but in no event shall the Department deduct in |
6 | | excess of $100,000 for each agrichemical facility for which a |
7 | | claim is submitted. This deductible amount shall apply |
8 | | annually for each agrichemical facility at which costs were |
9 | | incurred under a claim submitted pursuant to this Section. |
10 | | (g)(1) Upon receipt of notification from the Department |
11 | | that the requirements of this Section have been met, the |
12 | | Department shall make payment to the owner or operator of |
13 | | the amount approved by the Department. If there is |
14 | | insufficient money in the Fund to make payment in full of a |
15 | | claim submitted for reimbursement, the Department may make |
16 | | partial payment until such time as sufficient money in the |
17 | | Fund becomes available. |
18 | | (2) In no case shall the Fund or the State of Illinois |
19 | | be liable to pay claims or requests for costs of response |
20 | | action if money in the Fund is insufficient to meet such |
21 | | claims or requests. |
22 | | (h) Payment of any amount from the Fund for response |
23 | | action shall be subject to the State of Illinois acquiring, by |
24 | | subrogation, the rights of any owner or operator to recover |
25 | | the costs of response action for which the Fund has |
26 | | compensated the owner or operator from the person responsible |
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1 | | or liable for the release. |
2 | | (i)(1) Nothing in this Section shall be construed to |
3 | | authorize recovery for costs of response action for any |
4 | | release authorized or permitted pursuant to State or |
5 | | federal law. |
6 | | (2) Nothing in this Section shall be construed to |
7 | | authorize recovery for costs of response action as the |
8 | | result of the storage, handling and use, or recommendation |
9 | | for storage, handling and use, of a pesticide consistent |
10 | | with: |
11 | | (A) its directions for storage, handling and use |
12 | | as stated in its label or labeling; |
13 | | (B) its warning and cautions as stated in its |
14 | | label or labeling; and |
15 | | (C) the uses for which it is registered under the |
16 | | federal Insecticide, Fungicide and Rodenticide Act and |
17 | | the Illinois Pesticide Act. |
18 | | (j) For purposes of this Section and Section 22.2: |
19 | | (1) "Agrichemical facility" means a site: |
20 | | (A) used for commercial purposes |
21 | | (i) where bulk pesticides are stored in a |
22 | | single container in excess of 300 gallons of |
23 | | liquid pesticide or 300 pounds of dry pesticide |
24 | | for more than 30 days per year, or |
25 | | (ii) where more than 300 gallons of liquid |
26 | | pesticide or 300 pounds of dry pesticide are being |
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1 | | mixed, repackaged, or transferred from one |
2 | | container to another within a 30 day period; and |
3 | | (B) that serves at a point in the pesticide |
4 | | distribution chain immediately prior to final use. |
5 | | (2) "Response action" means an action to stop, |
6 | | eliminate, contain, or mitigate a release of agricultural |
7 | | pesticides and its effects at an agrichemical facility as |
8 | | may be necessary or appropriate to protect human health |
9 | | and the environment. |
10 | | (3) "Incident" means a flood, fire, tornado, on-site |
11 | | transportation accident, equipment malfunction, storage |
12 | | container rupture, leak, spill, discharge, escape, or |
13 | | other event that suddenly releases an agricultural |
14 | | pesticide into the environment and that creates an |
15 | | imminent threat to public health or the environment. |
16 | | (4) "Release" means any spilling, leaking, pumping, |
17 | | pouring, emitting, emptying, discharging, injecting, |
18 | | escaping, leaching, dumping, or disposing into the |
19 | | environment. |
20 | | (Source: P.A. 86-1172; 87-128.)
|
21 | | Section 30-135. The Illinois Low-Level Radioactive Waste |
22 | | Management Act is amended by changing Sections 14, 15, 17, and |
23 | | 21 as follows:
|
24 | | (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14) |
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1 | | Sec. 14. Waste management funds. |
2 | | (a) There is hereby created in the State Treasury a |
3 | | special fund to be known as the " Low-Level Radioactive Waste |
4 | | Facility Development and Operation Fund " . All monies within |
5 | | the Low-Level Radioactive Waste Facility Development and |
6 | | Operation Fund shall be invested by the State Treasurer in |
7 | | accordance with established investment practices. Interest |
8 | | earned by such investment shall be returned to the Low-Level |
9 | | Radioactive Waste Facility Development and Operation Fund. The |
10 | | Except as otherwise provided in this subsection, the Agency |
11 | | shall deposit 80% of all receipts from the fees required under |
12 | | subsections (a) and (b) of Section 13 in the State Treasury to |
13 | | the credit of this Fund. Beginning July 1, 1997, and until |
14 | | December 31 of the year in which the Agency approves a proposed |
15 | | site under Section 10.3, the Agency shall deposit all fees |
16 | | collected under subsections (a) and (b) of Section 13 of this |
17 | | Act into the Fund. Subject to appropriation, the Agency is |
18 | | authorized to expend all moneys in the Fund in amounts it deems |
19 | | necessary for: |
20 | | (1) hiring personnel and any other operating and |
21 | | contingent expenses necessary for the proper |
22 | | administration of this Act; |
23 | | (2) contracting with any firm for the purpose of |
24 | | carrying out the purposes of this Act; |
25 | | (3) grants to the Central Midwest Interstate Low-Level |
26 | | Radioactive Waste Commission; |
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1 | | (4) hiring personnel, contracting with any person, and |
2 | | meeting any other expenses incurred by the Agency in |
3 | | fulfilling its responsibilities under the Radioactive |
4 | | Waste Compact Enforcement Act; |
5 | | (5) activities under Sections 10, 10.2 and 10.3; |
6 | | (6) payment of fees in lieu of taxes to a local |
7 | | government having within its boundaries a regional |
8 | | disposal facility; |
9 | | (7) payment of grants to counties or municipalities |
10 | | under Section 12.1; and |
11 | | (8) fulfillment of obligations under a community |
12 | | agreement under Section 12.1. |
13 | | In spending monies pursuant to such appropriations, the |
14 | | Agency shall to the extent practicable avoid duplicating |
15 | | expenditures made by any firm pursuant to a contract awarded |
16 | | under this Section. |
17 | | (b) There is hereby created in the State Treasury a |
18 | | special fund to be known as the " Low-Level Radioactive Waste |
19 | | Facility Closure, Post-Closure Care and Compensation Fund " . |
20 | | All monies within the Low-Level Radioactive Waste Facility |
21 | | Closure, Post-Closure Care and Compensation Fund shall be |
22 | | invested by the State Treasurer in accordance with established |
23 | | investment practices. Interest earned by such investment shall |
24 | | be returned to the Low-Level Radioactive Waste Facility |
25 | | Closure, Post-Closure Care and Compensation Fund. The Agency |
26 | | shall deposit 20% of all receipts from the fees required under |
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1 | | subsections (a) and (b) of Section 13 of this Act in the State |
2 | | Treasury to the credit of this Fund, except that, pursuant to |
3 | | subsection (a) of Section 14 of this Act, there shall be no |
4 | | such deposit into this Fund between July 1, 1997 and December |
5 | | 31 of the year in which the Agency approves a proposed site |
6 | | pursuant to Section 10.3 of this Act. All deposits into this |
7 | | Fund shall be held by the State Treasurer separate and apart |
8 | | from all public money or funds of this State. Subject to |
9 | | appropriation, the Agency is authorized to expend any moneys |
10 | | in this Fund in amounts it deems necessary for: |
11 | | (1) decommissioning and other procedures required for |
12 | | the proper closure of the regional disposal facility; |
13 | | (2) monitoring, inspecting, and other procedures |
14 | | required for the proper closure, decommissioning, and |
15 | | post-closure care of the regional disposal facility; |
16 | | (3) taking any remedial actions necessary to protect |
17 | | human health and the environment from releases or |
18 | | threatened releases of wastes from the regional disposal |
19 | | facility; |
20 | | (4) the purchase of facility and third-party liability |
21 | | insurance necessary during the institutional control |
22 | | period of the regional disposal facility; |
23 | | (5) mitigating the impacts of the suspension or |
24 | | interruption of the acceptance of waste for disposal; |
25 | | (6) compensating any person suffering any damages or |
26 | | losses to a person or property caused by a release from the |
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1 | | regional disposal facility as provided for in Section 15; |
2 | | and |
3 | | (7) fulfillment of obligations under a community |
4 | | agreement under Section 12.1. |
5 | | On or before March 1 of each year through March 1, 2025 , |
6 | | the Agency shall deliver to the Governor, the President and |
7 | | Minority Leader of the Senate, the Speaker and Minority Leader |
8 | | of the House, and each of the generators that have contributed |
9 | | during the preceding State fiscal year to the Fund a financial |
10 | | statement, certified and verified by the Director, which |
11 | | details all receipts and expenditures from the Fund during the |
12 | | preceding State fiscal year. The financial statements shall |
13 | | identify all sources of income to the Fund and all recipients |
14 | | of expenditures from the Fund, shall specify the amounts of |
15 | | all the income and expenditures, and shall indicate the |
16 | | amounts of all the income and expenditures, and shall indicate |
17 | | the purpose for all expenditures. |
18 | | On July 1, 2025, or as soon thereafter as practical, the |
19 | | State Comptroller shall direct and the State Treasurer shall |
20 | | transfer the remaining balance from the Low-Level Radioactive |
21 | | Waste Facility Closure, Post-Closure Care and Compensation |
22 | | Fund into the Low-Level Radioactive Waste Facility Development |
23 | | and Operation Fund. Upon completion of the transfer, the |
24 | | Low-Level Radioactive Waste Facility Closure, Post-Closure |
25 | | Care and Compensation Fund is dissolved, and any future |
26 | | deposits due to that Fund and any outstanding obligations or |
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1 | | liabilities of that Fund shall pass to the Low-Level |
2 | | Radioactive Waste Facility Development and Operation Fund. |
3 | | (c) (Blank). |
4 | | (d) The Agency may accept for any of its purposes and |
5 | | functions any donations, grants of money, equipment, supplies, |
6 | | materials, and services from any state or the United States, |
7 | | or from any institution, person, firm or corporation. Any |
8 | | donation or grant of money received after January 1, 1986 |
9 | | shall be deposited into in either the Low-Level Radioactive |
10 | | Waste Facility Development and Operation Fund or the Low-Level |
11 | | Radioactive Waste Facility Closure, Post-Closure Care and |
12 | | Compensation Fund, in accordance with the purpose of the |
13 | | grant . |
14 | | (Source: P.A. 100-146, eff. 1-1-18 .)
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15 | | (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15) |
16 | | Sec. 15. Compensation. |
17 | | (a) Any person may apply to the Agency pursuant to this |
18 | | Section for compensation of a loss caused by the release, in |
19 | | Illinois, of radioactivity from the regional disposal |
20 | | facility. The Agency shall prescribe appropriate forms and |
21 | | procedures for claims filed pursuant to this Section, which |
22 | | shall include, as a minimum, the following: |
23 | | (1) Provisions requiring the claimant to make a sworn |
24 | | verification of the claim to the best of his or her |
25 | | knowledge. |
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1 | | (2) A full description, supported by appropriate |
2 | | evidence from government agencies, of the release of the |
3 | | radioactivity claimed to be the cause of the physical |
4 | | injury, illness, loss of income or property damage. |
5 | | (3) If making a claim based upon physical injury or |
6 | | illness, certification of the medical history of the |
7 | | claimant for the 5 years preceding the date of the claim, |
8 | | along with certification of the alleged physical injury or |
9 | | illness, and expenses for the physical injury or illness, |
10 | | made by hospitals, physicians or other qualified medical |
11 | | authorities. |
12 | | (4) If making a claim for lost income, information on |
13 | | the claimant's income as reported on his or her federal |
14 | | income tax return or other document for the preceding 3 |
15 | | years in order to compute lost wages or income. |
16 | | (b) The Agency shall hold at least one hearing, if |
17 | | requested by the claimant, within 60 days of submission of a |
18 | | claim to the Agency. The Director shall render a decision on a |
19 | | claim within 30 days of the hearing unless all of the parties |
20 | | to the claim agree in writing to an extension of time. All |
21 | | decisions rendered by the Director shall be in writing, with |
22 | | notification to all appropriate parties. The decision shall be |
23 | | considered a final administrative decision for the purposes of |
24 | | judicial review. |
25 | | (c) The following losses shall be compensable under this |
26 | | Section, provided that the Agency has found that the claimant |
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1 | | has established, by the weight of the evidence, that the |
2 | | losses were proximately caused by the designated release and |
3 | | are not otherwise compensable under law: |
4 | | (1) One hundred percent of uninsured, out-of-pocket |
5 | | medical expenses, for up to 3 years from the onset of |
6 | | treatment; |
7 | | (2) Eighty percent of any uninsured, actual lost |
8 | | wages, or business income in lieu of wages, caused by |
9 | | injury to the claimant or the claimant's property, not to |
10 | | exceed $15,000 per year for 3 years; |
11 | | (3) Eighty percent of any losses or damages to real or |
12 | | personal property; and |
13 | | (4) One hundred percent of costs of any remedial |
14 | | actions on such property necessary to protect human health |
15 | | and the environment. |
16 | | (d) No claim may be presented to the Agency under this |
17 | | Section later than 5 years from the date of discovery of the |
18 | | damage or loss. |
19 | | (e) Compensation for any damage or loss under this Section |
20 | | shall preclude indemnification or reimbursement from any other |
21 | | source for the identical damage or loss, and indemnification |
22 | | or reimbursement from any other source shall preclude |
23 | | compensation under this Section. |
24 | | (f) The Agency shall adopt, and revise when appropriate, |
25 | | rules and regulations necessary to implement the provisions of |
26 | | this Section, including methods that provide for establishing |
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1 | | that a claimant has exercised reasonable diligence in |
2 | | satisfying the conditions of the application requirements, for |
3 | | specifying the proof necessary to establish a damage or loss |
4 | | compensable under this Section and for establishing the |
5 | | administrative procedures to be followed in reviewing claims. |
6 | | (g) Claims approved by the Director shall be paid from the |
7 | | Low-Level Radioactive Waste Facility Development and Operation |
8 | | Closure, Post-Closure Care and Compensation Fund, except that |
9 | | claims shall not be paid in excess of the amount available in |
10 | | the Fund. In the case of insufficient amounts in the Fund to |
11 | | satisfy claims against the Fund, the General Assembly may |
12 | | appropriate monies to the Fund in amounts it deems necessary |
13 | | to pay the claims. |
14 | | (Source: P.A. 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
|
15 | | (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17) |
16 | | Sec. 17. Penalties. |
17 | | (a) Any person operating any facility in violation of |
18 | | Section 8 shall be subject to a civil penalty not to exceed |
19 | | $100,000 per day of violation. |
20 | | (b) Any person failing to pay the fees provided for in |
21 | | Section 13 shall be liable to a civil penalty not to exceed 4 |
22 | | times the amount of the fees not paid. |
23 | | (c) At the request of the Agency, the civil penalties |
24 | | shall be recovered in an action brought by the Attorney |
25 | | General on behalf of the State in the circuit court in which |
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1 | | the violation occurred. All amounts collected from fines under |
2 | | this Section shall be deposited into in the Low-Level |
3 | | Radioactive Waste Facility Development and Operation Closure, |
4 | | Post-Closure Care and Compensation Fund. |
5 | | (Source: P.A. 95-777, eff. 8-4-08.)
|
6 | | (420 ILCS 20/21) (from Ch. 111 1/2, par. 241-21) |
7 | | Sec. 21. Shared Liability. Any state which enacts the |
8 | | Central Midwest Interstate Low-Level Radioactive Waste Compact |
9 | | and has as its resident a generator shall be liable for the |
10 | | cost of post-closure care in excess of funds available from |
11 | | the Low-Level Radioactive Waste Facility Development and |
12 | | Operation Closure, Post-Closure Care and Compensation Fund or |
13 | | from any liability insurance or other means of establishing |
14 | | financial responsibility in an amount sufficient to provide |
15 | | for any necessary corrective actions or liabilities arising |
16 | | during the period of post-closure care. The extent of such |
17 | | liability shall not be in excess of the prorated share of the |
18 | | volume of waste placed in the facility by the generators of |
19 | | each state which has enacted the Central Midwest Interstate |
20 | | Low-Level Radioactive Waste Compact. However, this Section |
21 | | shall not apply to a party state with a total volume of waste |
22 | | recorded on low-level radioactive waste manifests for any year |
23 | | that is less than 10 percent of the total volume recorded on |
24 | | such manifests for the region during the same year. |
25 | | (Source: P.A. 84-1406.)
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1 | | Section 30-140. The Radioactive Waste Tracking and |
2 | | Permitting Act is amended by changing Section 15 as follows:
|
3 | | (420 ILCS 37/15) |
4 | | Sec. 15. Permit requirements for the storage, treatment, |
5 | | and disposal of waste at a disposal facility. |
6 | | (a) Upon adoption of regulations under subsection (c) of |
7 | | this Section, no person shall deposit any low-level |
8 | | radioactive waste at a storage, treatment, or disposal |
9 | | facility in Illinois licensed under Section 8 of the Illinois |
10 | | Low-Level Radioactive Waste Management Act without a permit |
11 | | granted by the Agency. |
12 | | (b) Upon adoption of regulations under subsection (c) of |
13 | | this Section, no person shall operate a storage, treatment, or |
14 | | disposal facility licensed under Section 8 of the Illinois |
15 | | Low-Level Radioactive Waste Management Act without a permit |
16 | | granted by the Agency. |
17 | | (c) The Agency shall adopt regulations providing for the |
18 | | issuance, suspension, and revocation of permits required under |
19 | | subsections (a) and (b) of this Section. The regulations may |
20 | | provide a system for tracking low-level radioactive waste to |
21 | | ensure that waste that other states are responsible for |
22 | | disposing of under federal law does not become the |
23 | | responsibility of the State of Illinois. The regulations shall |
24 | | be consistent with the Federal Hazardous Materials |
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1 | | Transportation Act. |
2 | | (d) The Agency may enter into a contract or contracts for |
3 | | operation of the system for tracking low-level radioactive |
4 | | waste as provided in subsection (c) of this Section. |
5 | | (e) A person who violates this Section or any regulation |
6 | | promulgated under this Section shall be subject to a civil |
7 | | penalty, not to exceed $10,000, for each violation. Each day a |
8 | | violation continues shall constitute a separate offense. A |
9 | | person who fails to pay a civil penalty imposed by a regulation |
10 | | adopted under this Section, or any portion of the penalty, is |
11 | | liable in a civil action in an amount not to exceed 4 times the |
12 | | amount imposed and not paid. At the request of the Agency, the |
13 | | Attorney General shall, on behalf of the State, bring an |
14 | | action for the recovery of any civil penalty provided for by |
15 | | this Section. Any civil penalties so recovered shall be |
16 | | deposited into in the Low-Level Radioactive Waste Facility |
17 | | Development and Operation Closure, Post-Closure Care and |
18 | | Compensation Fund . |
19 | | (Source: P.A. 103-569, eff. 6-1-24 .)
|
20 | | Section 30-145. The Humane Care for Animals Act is amended |
21 | | by changing Section 16.4 as follows:
|
22 | | (510 ILCS 70/16.4) |
23 | | Sec. 16.4. Illinois Animal Abuse Fund. The Illinois Animal |
24 | | Abuse Fund is created as a special fund in the State treasury. |
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1 | | Moneys in the Fund may be used, subject to appropriation, by |
2 | | the Department of Agriculture to investigate animal abuse and |
3 | | neglect under this Act. On June 30, 2026, or as soon thereafter |
4 | | as practical, the State Comptroller shall direct and the State |
5 | | Treasurer shall transfer the remaining balance from the |
6 | | Illinois Animal Abuse Fund into the Livestock Management |
7 | | Facilities Fund. Upon completion of the transfer, the Illinois |
8 | | Animal Abuse Fund is dissolved, and any future deposits due to |
9 | | that Fund and any outstanding obligations or liabilities of |
10 | | that Fund shall pass to the Livestock Management Facilities |
11 | | Fund. This Section is repealed on January 1, 2027. |
12 | | (Source: P.A. 92-454, eff. 1-1-02.)
|
13 | | Section 30-150. The Habitat Endowment Act is amended by |
14 | | changing Sections 5, 15, and 30 as follows:
|
15 | | (520 ILCS 25/5) |
16 | | Sec. 5. Definitions. As used in this Act: |
17 | | "Department" means the Department of Natural Resources. |
18 | | "Director" means the Director of Natural Resources. |
19 | | "Illinois Habitat Fund" means a special fund in the State |
20 | | Treasury entitled the Illinois Habitat Fund created in Section |
21 | | 15 of this Act. |
22 | | "Trust Fund" means the Illinois Habitat Endowment Trust |
23 | | Fund created in Section 15 of this Act . |
24 | | (Source: P.A. 89-445, eff. 2-7-96.)
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1 | | (520 ILCS 25/15) |
2 | | Sec. 15. The Illinois Habitat Fund and the Illinois |
3 | | Habitat Endowment Trust Fund. |
4 | | (a) There is established in the State treasury a special |
5 | | fund entitled the Illinois Habitat Fund. The moneys in this |
6 | | fund shall be used, subject pursuant to appropriation, |
7 | | exclusively by the Department for the preservation and |
8 | | maintenance of high quality habitat lands. The Illinois |
9 | | Habitat Fund shall be financed through transfers of investment |
10 | | income earned by the Illinois Habitat Endowment Trust Fund |
11 | | created in this Section, deposits of fees from the sale of |
12 | | State Habitat Stamps and artwork as provided for in the |
13 | | Wildlife Code, and revenue derived from the sale of Sportsmen |
14 | | Series license plates. The Department may accept, from all |
15 | | sources, contributions, grants, gifts, bequests, legacies of |
16 | | money, and securities to be deposited into the Illinois |
17 | | Habitat Fund. All interest earned and accrued from moneys in |
18 | | deposited into the Illinois Habitat Fund shall be deposited |
19 | | monthly by the State Treasurer into the Illinois Habitat Fund. |
20 | | (b) The Illinois Habitat Endowment Trust Fund is created |
21 | | as a trust fund in the State treasury. The Trust Fund shall be |
22 | | financed by a combination of private donations and transfers |
23 | | or deposits from the Park and Conservation Fund or any other |
24 | | fund authorized by law. The Department may accept, from all |
25 | | sources, contributions, grants, gifts, bequests, legacies of |
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1 | | money, and securities to be deposited into the Trust Fund. All |
2 | | deposits shall become part of the Trust Fund corpus. Moneys in |
3 | | the Trust Fund are not subject to appropriation and shall be |
4 | | used solely to provide financing to the Illinois Habitat Fund. |
5 | | All gifts, grants, assets, funds, or moneys received by the |
6 | | Department under this Act shall be deposited and held by the |
7 | | State Treasurer as ex officio custodian thereof, separate and |
8 | | apart from all public moneys or funds of this State in a trust |
9 | | fund established in accordance with State law, and shall be |
10 | | administered by the Director exclusively for the purposes set |
11 | | forth in this Act. All moneys in the Trust Fund are to be |
12 | | invested and reinvested by the State Treasurer. All interest |
13 | | accruing from these investments shall be deposited into in the |
14 | | Trust Fund. Notwithstanding any other provision of law, in |
15 | | addition to any other transfers that may be provided by law, on |
16 | | July 1, 2025, or as soon thereafter as practical, the State |
17 | | Comptroller shall direct and the State Treasurer shall |
18 | | transfer the remaining balance from the Illinois Habitat |
19 | | Endowment Trust Fund into the Illinois Habitat Fund. Upon |
20 | | completion of the transfer, the Illinois Habitat Endowment |
21 | | Trust Fund is dissolved, and any future deposits due to that |
22 | | Fund and any outstanding obligations or liabilities of that |
23 | | Fund pass to the Illinois Habitat Fund. |
24 | | (Source: P.A. 89-611, eff. 1-1-97.)
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25 | | (520 ILCS 25/30) |
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1 | | Sec. 30. Advisory Committee. The Illinois Habitat Fund |
2 | | Advisory Committee is created. The purpose of the Committee is |
3 | | to advise the Director on the use of funds from the Illinois |
4 | | Habitat Fund and on other matters pertaining to the purposes |
5 | | of this Act. The Committee shall consist of: (1) the Chief of |
6 | | Wildlife Resources Division or his designee, (2) the Chief of |
7 | | the Land Management Division or his designee, (3) 3 or more |
8 | | representatives from statewide conservation organizations |
9 | | appointed by the Director, (4) one person who is a landowner in |
10 | | the State of Illinois and who is not affiliated with any other |
11 | | group or organization with representation on the Committee, |
12 | | and (5) 3 or more representatives appointed by the Director |
13 | | who are from nonprofit institutions, corporations, or |
14 | | universities within the State and actively involved in habitat |
15 | | conservation, enhancement, or restoration. The Committee shall |
16 | | review and recommend all allocation of funds from the Illinois |
17 | | State Habitat Fund, with the exception of revenue derived from |
18 | | the sale of Sportsmen Series license plates. Members of the |
19 | | Committee shall serve without compensation, but expenses |
20 | | incurred in the performance of their duties shall be |
21 | | reimbursed by the Department. The Committee shall initiate the |
22 | | performance of its duties at the time the corpus of the Habitat |
23 | | Endowment Trust Fund attains a level of $10 million. |
24 | | (Source: P.A. 89-611, eff. 1-1-97.)
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25 | | (520 ILCS 25/20 rep.) |
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1 | | Section 30-155. The Habitat Endowment Act is amended by |
2 | | repealing Section 20.
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3 | | Section 30-160. The Illinois Aeronautics Act is amended by |
4 | | changing Section 34b as follows:
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5 | | (620 ILCS 5/34b) |
6 | | Sec. 34b. Airport Land Loan Program. |
7 | | (a) The Department may make loans to public airport owners |
8 | | for the purchase of any real estate interests as may be needed |
9 | | for essential airport purposes, including future needs, |
10 | | subject to the following conditions: |
11 | | (1) loans may be made only to public airport owners |
12 | | that are operating an airport as of January 1, 1999; and |
13 | | (2) loans may not be made for airports that provide |
14 | | scheduled commercial air service in counties of greater |
15 | | than 5,000,000 population. |
16 | | The loans are payable from the Airport Land Loan Revolving |
17 | | Fund, subject to appropriation. All repayments of loans made |
18 | | pursuant to this Section, including interest thereon and |
19 | | penalties, shall be deposited into in the Airport Land Loan |
20 | | Revolving Fund. The Treasurer shall deposit all investment |
21 | | earnings arising from balances in the Airport Land Loan |
22 | | Revolving Fund in that Fund. |
23 | | (b) All loans under this Section shall be made by contract |
24 | | between the Department and the public airport owner, which |
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1 | | contract shall include the following provisions: |
2 | | (1) The annual rate of interest shall be the lesser of |
3 | | (A) 2 percent below the Prime Rate charged by banks, as |
4 | | published by the Federal Reserve Board, in effect at the |
5 | | time the Department approves the loan, or (B) a rate |
6 | | determined by the Department, after consultation with the |
7 | | Governor's Office of Management and Budget, that will not |
8 | | adversely affect the tax-exempt status of interest on the |
9 | | bonds of the State issued in whole or in part to make |
10 | | deposits into the Airport Land Loan Revolving Fund, nor |
11 | | diminish the benefit to the State of the tax-exempt status |
12 | | of the interest on such bonds. |
13 | | (2) The term of any loan shall not exceed 5 five years, |
14 | | but it may be for less by mutual agreement. |
15 | | (3) Loan payments shall be scheduled in equal amounts |
16 | | for the periods determined under paragraph (4) of this |
17 | | Section. The loan payments shall be calculated so that the |
18 | | loan is completely repaid, with interest, on outstanding |
19 | | balances, by the end of the term determined under |
20 | | paragraph (2) of this Section. There shall be no penalty |
21 | | for early payment ahead of the payment schedule. |
22 | | (4) The period of loan payments shall be annual, |
23 | | unless by mutual agreement a period of less than one year |
24 | | is chosen. |
25 | | (5) The loan shall be secured with the land purchased, |
26 | | in whole or in part, with the loan and considered as |
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1 | | collateral. The public airport owner shall assign a first |
2 | | priority interest in the property to the State. |
3 | | (6) If the loan payment is not made within 15 days |
4 | | after the scheduled date determined under paragraph (3) of |
5 | | this Section, a penalty of 10% of the payment shall be |
6 | | assessed. If 30 days after the scheduled payment date no |
7 | | payment has been received, the loan shall be considered in |
8 | | default. |
9 | | (7) As soon as a loan is considered in default, the |
10 | | Department shall notify the public airport owner and |
11 | | attempt to enter into a renegotiation of the loan payment |
12 | | amounts and schedule determined under paragraph (3) of |
13 | | this Section. In no case shall the term of the loan be |
14 | | extended beyond the initial term determined under |
15 | | paragraph (2) of this Section; nor shall the interest rate |
16 | | be lowered nor any interest be forgiven. If a |
17 | | renegotiation of loan payment amounts and schedule is |
18 | | obtained to the Department's satisfaction within 30 days |
19 | | of notification of default, then the new payment schedule |
20 | | shall replace the one determined by paragraph (3) of this |
21 | | Section and shall be used to measure compliance with the |
22 | | loan for purposes of default. If after 30 days of |
23 | | notification of default the Department has not obtained a |
24 | | renegotiation to its satisfaction, the Department shall |
25 | | declare the loan balance due and payable immediately. If |
26 | | the public airport owner cannot immediately pay the |
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1 | | balance of the loan, the Department shall proceed to |
2 | | foreclose. |
3 | | (c) The Department may promulgate any rules that it finds |
4 | | appropriate to implement this Airport Land Loan Program. |
5 | | (d) The Airport Land Loan Revolving Fund is created in the |
6 | | State Treasury. |
7 | | (e) On July 1, 2025, or as soon thereafter as practical, |
8 | | the State Comptroller shall direct and the State Treasurer |
9 | | shall transfer the remaining balance from the Airport Land |
10 | | Loan Revolving Fund into the General Obligation Bond |
11 | | Retirement and Interest Fund. Upon completion of the transfer, |
12 | | the Airport Land Loan Revolving Fund is dissolved. |
13 | | (f) This Section is repealed on January 1, 2026. |
14 | | (Source: P.A. 94-793, eff. 5-19-06.)
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15 | | Section 30-165. The Illinois Vehicle Code is amended by |
16 | | changing Sections 3-643, 3-684, 3-690, 3-699.14, and 11-501.01 |
17 | | as follows:
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18 | | (625 ILCS 5/3-643) |
19 | | Sec. 3-643. Mammogram license plates. |
20 | | (a) The Secretary, upon receipt of an application made in |
21 | | the form prescribed by the Secretary, may issue special |
22 | | registration plates designated as Mammogram license plates. |
23 | | The special plates issued under this Section shall be affixed |
24 | | only to passenger vehicles of the first division, motorcycles, |
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1 | | autocycles, and motor vehicles of the second division weighing |
2 | | not more than 8,000 pounds. Plates issued under this Section |
3 | | shall expire according to the multi-year procedure established |
4 | | by Section 3-414.1 of this Code. |
5 | | (b) The design and color of the plates is wholly within the |
6 | | discretion of the Secretary, except that the phrase |
7 | | "Mammograms Save Lives" shall be on the plates. The Secretary |
8 | | may allow the plates to be issued as vanity plates or |
9 | | personalized under Section 3-405.1 of the Code. The Secretary |
10 | | shall prescribe stickers or decals as provided under Section |
11 | | 3-412 of this Code. |
12 | | (c) An applicant for the special plate shall be charged a |
13 | | $25 fee for original issuance in addition to the appropriate |
14 | | registration fee. Of this fee, $10 shall be deposited into the |
15 | | Mammogram Fund and $15 shall be deposited into the Secretary |
16 | | of State Special License Plate Fund, to be used by the |
17 | | Secretary to help defray the administrative processing costs. |
18 | | For each registration renewal period, a $25 fee, in |
19 | | addition to the appropriate registration fee, shall be |
20 | | charged. Of this fee, $23 shall be deposited into the |
21 | | Mammogram Fund and $2 shall be deposited into the Secretary of |
22 | | State Special License Plate Fund. |
23 | | (d) The Mammogram Fund is created as a special fund in the |
24 | | State treasury. All money in the Mammogram Fund shall be paid, |
25 | | subject to appropriation by the General Assembly and |
26 | | distribution by the Illinois Department of Public Health for , |
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1 | | to the Illinois Breast and Cervical Cancer Program for patient |
2 | | navigation services specifically for populations with the |
3 | | highest rates of breast cancer mortality in the State. |
4 | | (Source: P.A. 102-967, eff. 1-1-23; 103-843, eff. 1-1-25 .)
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5 | | (625 ILCS 5/3-684) |
6 | | Sec. 3-684. Illinois EMS Memorial Scholarship and Training |
7 | | license plate. |
8 | | (a) The Secretary, upon receipt of an application made in |
9 | | the form prescribed by the Secretary of State, may issue |
10 | | special registration plates designated to be Illinois EMS |
11 | | Memorial Scholarship and Training license plates. The special |
12 | | plates issued under this Section shall be affixed only to |
13 | | passenger vehicles of the first division, motorcycles, |
14 | | autocycles, motor vehicles of the second division weighing not |
15 | | more than 8,000 pounds, recreational vehicles as defined in |
16 | | Section 1-169 of this Code, and subject to the staggered |
17 | | registration system. Plates issued under this Section shall |
18 | | expire according to the multi-year procedure established by |
19 | | Section 3-414.1 of this Code. |
20 | | (b) The design and color of the plates shall be wholly |
21 | | within the discretion of the Secretary of State. The Secretary |
22 | | of State may, in his or her discretion, allow the plates to be |
23 | | issued as vanity plates or personalized in accordance with |
24 | | Section 3-405.1 of this Code. The plates are not required to |
25 | | designate "Land of Lincoln", as prescribed in subsection (b) |
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1 | | of Section 3-412 of this Code. The Secretary of State shall |
2 | | prescribe stickers or decals as provided under Section 3-412. |
3 | | (c) An applicant shall be charged a $27 fee for original |
4 | | issuance in addition to the applicable registration fee. Of |
5 | | this additional fee, $15 shall be deposited into the Secretary |
6 | | of State Special License Plate Fund and $12 shall be deposited |
7 | | into the Illinois EMS Memorial Scholarship and Training Fund. |
8 | | For each registration renewal period, a $17 fee, in addition |
9 | | to the appropriate registration fee, shall be charged. Of this |
10 | | fee, $2 shall be deposited into the Secretary of State Special |
11 | | License Plate Fund and $15 shall be deposited into the |
12 | | Illinois EMS Memorial Scholarship and Training Fund. |
13 | | (d) The Illinois EMS Memorial Scholarship and Training |
14 | | Fund is created as a special fund in the State treasury. All |
15 | | money in the Illinois EMS Memorial Scholarship and Training |
16 | | Fund shall, subject to appropriation by the General Assembly |
17 | | and distribution by the Secretary of State, as grants to the |
18 | | EMS Memorial Scholarship and Training Council, a |
19 | | not-for-profit corporation, for the purposes (i) of providing |
20 | | scholarships for graduate study, undergraduate study, or both, |
21 | | to children and spouses of emergency medical services (EMS) |
22 | | personnel killed in the course of their employment, and (ii) |
23 | | for grants for the training of EMS personnel. |
24 | | (e) On July 1, 2025, or as soon thereafter as practical, |
25 | | the State Comptroller shall direct and the State Treasurer |
26 | | shall transfer the remaining balance from the Illinois EMS |
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1 | | Memorial Scholarship and Training Fund into the Secretary of |
2 | | State Special License Plate Fund. Upon completion of the |
3 | | transfer, the Illinois EMS Memorial Scholarship and Training |
4 | | Fund is dissolved, and any future deposits due to that Fund and |
5 | | any outstanding obligations or liabilities of that Fund shall |
6 | | pass to the Secretary of State Special License Plate Fund. |
7 | | (f) This Section is repealed on January 1, 2026. |
8 | | (Source: P.A. 103-843, eff. 1-1-25 .)
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9 | | (625 ILCS 5/3-690) |
10 | | Sec. 3-690. St. Jude Children's Research Hospital Plates. |
11 | | (a) In addition to any other special license plate, the |
12 | | Secretary, upon receipt of all applicable fees and |
13 | | applications made in the form prescribed by the Secretary of |
14 | | State, may issue St. Jude Children's Research Hospital license |
15 | | plates. The special St. Jude Children's Research Hospital |
16 | | plate issued under this Section shall be affixed only to |
17 | | passenger vehicles of the first division, motorcycles, |
18 | | autocycles, and motor vehicles of the second division weighing |
19 | | not more than 8,000 pounds. Plates issued under this Section |
20 | | shall expire according to the staggered multi-year procedure |
21 | | established by Section 3-414.1 of this Code. |
22 | | (b) The design, color, and format of the plates shall be |
23 | | wholly within the discretion of the Secretary of State. |
24 | | Appropriate documentation, as determined by the Secretary, |
25 | | must accompany each application. The Secretary, in his or her |
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1 | | discretion, shall approve and prescribe stickers or decals as |
2 | | provided under Section 3-412. |
3 | | (c) An applicant for the special plate shall be charged a |
4 | | $40 fee for original issuance in addition to the appropriate |
5 | | registration fee. Of this fee, $25 shall be deposited into the |
6 | | St. Jude Children's Research Fund and $15 shall be deposited |
7 | | into the Secretary of State Special License Plate Fund, to be |
8 | | used by the Secretary to help defray the administrative |
9 | | processing costs. For each registration renewal period, a $27 |
10 | | fee, in addition to the appropriate registration fee, shall be |
11 | | charged. Of this fee, $25 shall be deposited into the St. Jude |
12 | | Children's Research Fund and $2 shall be deposited into the |
13 | | Secretary of State Special License Plate Fund. |
14 | | (d) The St. Jude Children's Research Fund is created as a |
15 | | special fund in the State treasury. All money in the St. Jude |
16 | | Children's Research Fund shall be paid, subject to |
17 | | appropriation by the General Assembly and distribution by the |
18 | | Secretary, as grants to St. Jude Children's Research Hospital |
19 | | for pediatric treatment and research. All interest earned on |
20 | | moneys in the Fund shall be deposited into the Fund. The Fund |
21 | | shall not be subject to administrative charges or chargebacks, |
22 | | such as but not limited to those authorized under Section 8h of |
23 | | the State Finance Act. |
24 | | (e) On July 1, 2025, or as soon thereafter as practical, |
25 | | the State Comptroller shall direct and the State Treasurer |
26 | | shall transfer the remaining balance from the St. Jude |
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1 | | Children's Research Fund into the Secretary of State Special |
2 | | License Plate Fund. Upon completion of the transfer, the St. |
3 | | Jude Children's Research Fund is dissolved, and any future |
4 | | deposits due to that Fund and any outstanding obligations or |
5 | | liabilities of that Fund shall pass to the Secretary of State |
6 | | Special License Plate Fund. |
7 | | (f) This Section is repealed on January 1, 2026. |
8 | | (Source: P.A. 103-843, eff. 1-1-25 .)
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9 | | (625 ILCS 5/3-699.14) |
10 | | Sec. 3-699.14. Universal special license plates. |
11 | | (a) In addition to any other special license plate, the |
12 | | Secretary, upon receipt of all applicable fees and |
13 | | applications made in the form prescribed by the Secretary, may |
14 | | issue Universal special license plates to residents of |
15 | | Illinois on behalf of organizations that have been authorized |
16 | | by the General Assembly to issue decals for Universal special |
17 | | license plates. Appropriate documentation, as determined by |
18 | | the Secretary, shall accompany each application. Authorized |
19 | | organizations shall be designated by amendment to this |
20 | | Section. When applying for a Universal special license plate |
21 | | the applicant shall inform the Secretary of the name of the |
22 | | authorized organization from which the applicant will obtain a |
23 | | decal to place on the plate. The Secretary shall make a record |
24 | | of that organization and that organization shall remain |
25 | | affiliated with that plate until the plate is surrendered, |
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1 | | revoked, or otherwise canceled cancelled . The authorized |
2 | | organization may charge a fee to offset the cost of producing |
3 | | and distributing the decal, but that fee shall be retained by |
4 | | the authorized organization and shall be separate and distinct |
5 | | from any registration fees charged by the Secretary. No decal, |
6 | | sticker, or other material may be affixed to a Universal |
7 | | special license plate other than a decal authorized by the |
8 | | General Assembly in this Section or a registration renewal |
9 | | sticker. The special plates issued under this Section shall be |
10 | | affixed only to passenger vehicles of the first division, |
11 | | including motorcycles and autocycles, or motor vehicles of the |
12 | | second division weighing not more than 8,000 pounds. Plates |
13 | | issued under this Section shall expire according to the |
14 | | multi-year procedure under Section 3-414.1 of this Code. |
15 | | (b) The design, color, and format of the Universal special |
16 | | license plate shall be wholly within the discretion of the |
17 | | Secretary. Universal special license plates are not required |
18 | | to designate "Land of Lincoln", as prescribed in subsection |
19 | | (b) of Section 3-412 of this Code. The design shall allow for |
20 | | the application of a decal to the plate. Organizations |
21 | | authorized by the General Assembly to issue decals for |
22 | | Universal special license plates shall comply with rules |
23 | | adopted by the Secretary governing the requirements for and |
24 | | approval of Universal special license plate decals. The |
25 | | Secretary may, in his or her discretion, allow Universal |
26 | | special license plates to be issued as vanity or personalized |
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1 | | plates in accordance with Section 3-405.1 of this Code. The |
2 | | Secretary of State must make a version of the special |
3 | | registration plates authorized under this Section in a form |
4 | | appropriate for motorcycles and autocycles. |
5 | | (c) When authorizing a Universal special license plate, |
6 | | the General Assembly shall set forth whether an additional fee |
7 | | is to be charged for the plate and, if a fee is to be charged, |
8 | | the amount of the fee and how the fee is to be distributed. |
9 | | When necessary, the authorizing language shall create a |
10 | | special fund in the State treasury into which fees may be |
11 | | deposited for an authorized Universal special license plate. |
12 | | Additional fees may only be charged if the fee is to be paid |
13 | | over to a State agency or to a charitable entity that is in |
14 | | compliance with the registration and reporting requirements of |
15 | | the Charitable Trust Act and the Solicitation for Charity Act. |
16 | | Any charitable entity receiving fees for the sale of Universal |
17 | | special license plates shall annually provide the Secretary of |
18 | | State a letter of compliance issued by the Attorney General |
19 | | verifying that the entity is in compliance with the Charitable |
20 | | Trust Act and the Solicitation for Charity Act. |
21 | | (d) Upon original issuance and for each registration |
22 | | renewal period, in addition to the appropriate registration |
23 | | fee, if applicable, the Secretary shall collect any additional |
24 | | fees, if required, for issuance of Universal special license |
25 | | plates. The fees shall be collected on behalf of the |
26 | | organization designated by the applicant when applying for the |
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1 | | plate. All fees collected shall be transferred to the State |
2 | | agency on whose behalf the fees were collected, or paid into |
3 | | the special fund designated in the law authorizing the |
4 | | organization to issue decals for Universal special license |
5 | | plates. All money in the designated fund shall be distributed |
6 | | by the Secretary subject to appropriation by the General |
7 | | Assembly. |
8 | | (e) The following organizations may issue decals for |
9 | | Universal special license plates with the original and renewal |
10 | | fees and fee distribution as follows: |
11 | | (1) The Illinois Department of Natural Resources. |
12 | | (A) Original issuance: $25; with $10 to the |
13 | | Roadside Monarch Habitat Fund and $15 to the Secretary |
14 | | of State Special License Plate Fund. |
15 | | (B) Renewal: $25; with $23 to the Roadside Monarch |
16 | | Habitat Fund and $2 to the Secretary of State Special |
17 | | License Plate Fund. |
18 | | (2) Illinois Veterans' Homes. |
19 | | (A) Original issuance: $26, which shall be |
20 | | deposited into the Illinois Veterans' Homes Fund. |
21 | | (B) Renewal: $26, which shall be deposited into |
22 | | the Illinois Veterans' Homes Fund. |
23 | | (3) The Illinois Department of Human Services for |
24 | | volunteerism decals. |
25 | | (A) Original issuance: $25, which shall be |
26 | | deposited into the Secretary of State Special License |
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1 | | Plate Fund. |
2 | | (B) Renewal: $25, which shall be deposited into |
3 | | the Secretary of State Special License Plate Fund. |
4 | | (4) The Illinois Department of Public Health. |
5 | | (A) Original issuance: $25; with $10 to the |
6 | | Prostate Cancer Awareness Fund and $15 to the |
7 | | Secretary of State Special License Plate Fund. |
8 | | (B) Renewal: $25; with $23 to the Prostate Cancer |
9 | | Awareness Fund and $2 to the Secretary of State |
10 | | Special License Plate Fund. |
11 | | (5) Horsemen's Council of Illinois. |
12 | | (A) Original issuance: $25; with $10 to the |
13 | | Horsemen's Council of Illinois Fund and $15 to the |
14 | | Secretary of State Special License Plate Fund. |
15 | | (B) Renewal: $25; with $23 to the Horsemen's |
16 | | Council of Illinois Fund and $2 to the Secretary of |
17 | | State Special License Plate Fund. |
18 | | (6) K9s for Veterans, NFP. |
19 | | (A) Original issuance: $25; with $10 to the |
20 | | Post-Traumatic Stress Disorder Awareness Fund and $15 |
21 | | to the Secretary of State Special License Plate Fund. |
22 | | (B) Renewal: $25; with $23 to the Post-Traumatic |
23 | | Stress Disorder Awareness Fund and $2 to the Secretary |
24 | | of State Special License Plate Fund. |
25 | | (7) The International Association of Machinists and |
26 | | Aerospace Workers. |
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1 | | (A) Original issuance: $35; with $20 to the Guide |
2 | | Dogs of America Fund and $15 to the Secretary of State |
3 | | Special License Plate Fund. |
4 | | (B) Renewal: $25; with $23 going to the Guide Dogs |
5 | | of America Fund and $2 to the Secretary of State |
6 | | Special License Plate Fund. |
7 | | (8) Local Lodge 701 of the International Association |
8 | | of Machinists and Aerospace Workers. |
9 | | (A) Original issuance: $35; with $10 to the Guide |
10 | | Dogs of America Fund, $10 to the Mechanics Training |
11 | | Fund, and $15 to the Secretary of State Special |
12 | | License Plate Fund. |
13 | | (B) Renewal: $30; with $13 to the Guide Dogs of |
14 | | America Fund, $15 to the Mechanics Training Fund, and |
15 | | $2 to the Secretary of State Special License Plate |
16 | | Fund. |
17 | | (9) Illinois Department of Human Services. |
18 | | (A) Original issuance: $25; with $10 to the |
19 | | Theresa Tracy Trot - Illinois CancerCare Foundation |
20 | | Fund and $15 to the Secretary of State Special License |
21 | | Plate Fund. |
22 | | (B) Renewal: $25; with $23 to the Theresa Tracy |
23 | | Trot - Illinois CancerCare Foundation Fund and $2 to |
24 | | the Secretary of State Special License Plate Fund. |
25 | | (10) The Illinois Department of Human Services for |
26 | | developmental disabilities awareness decals. |
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1 | | (A) Original issuance: $25; with $10 to the |
2 | | Developmental Disabilities Awareness Fund and $15 to |
3 | | the Secretary of State Special License Plate Fund. |
4 | | (B) Renewal: $25; with $23 to the Developmental |
5 | | Disabilities Awareness Fund and $2 to the Secretary of |
6 | | State Special License Plate Fund. |
7 | | (11) The Illinois Department of Human Services for |
8 | | pediatric cancer awareness decals. |
9 | | (A) Original issuance: $25; with $10 to the |
10 | | Pediatric Cancer Awareness Fund and $15 to the |
11 | | Secretary of State Special License Plate Fund. |
12 | | (B) Renewal: $25; with $23 to the Pediatric Cancer |
13 | | Awareness Fund and $2 to the Secretary of State |
14 | | Special License Plate Fund. |
15 | | (12) The Department of Veterans' Affairs for Fold of |
16 | | Honor decals. |
17 | | (A) Original issuance: $25; with $10 to the Folds |
18 | | of Honor Foundation Fund and $15 to the Secretary of |
19 | | State Special License Plate Fund. |
20 | | (B) Renewal: $25; with $23 to the Folds of Honor |
21 | | Foundation Fund and $2 to the Secretary of State |
22 | | Special License Plate Fund. |
23 | | (13) The Illinois chapters of the Experimental |
24 | | Aircraft Association for aviation enthusiast decals. |
25 | | (A) Original issuance: $25; with $10 to the |
26 | | Experimental Aircraft Association Fund and $15 to the |
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1 | | Secretary of State Special License Plate Fund. |
2 | | (B) Renewal: $25; with $23 to the Experimental |
3 | | Aircraft Association Fund and $2 to the Secretary of |
4 | | State Special License Plate Fund. |
5 | | (14) The Illinois Department of Human Services for |
6 | | Child Abuse Council of the Quad Cities decals. |
7 | | (A) Original issuance: $25; with $10 to the Child |
8 | | Abuse Council of the Quad Cities Fund and $15 to the |
9 | | Secretary of State Special License Plate Fund. |
10 | | (B) Renewal: $25; with $23 to the Child Abuse |
11 | | Council of the Quad Cities Fund and $2 to the Secretary |
12 | | of State Special License Plate Fund. |
13 | | (15) The Illinois Department of Public Health for |
14 | | health care worker decals. |
15 | | (A) Original issuance: $25; with $10 to the |
16 | | Illinois Health Care Workers Benefit Fund, and $15 to |
17 | | the Secretary of State Special License Plate Fund. |
18 | | (B) Renewal: $25; with $23 to the Illinois Health |
19 | | Care Workers Benefit Fund and $2 to the Secretary of |
20 | | State Special License Plate Fund. |
21 | | (16) The Department of Agriculture for Future Farmers |
22 | | of America decals. |
23 | | (A) Original issuance: $25; with $10 to the Future |
24 | | Farmers of America Fund and $15 to the Secretary of |
25 | | State Special License Plate Fund. |
26 | | (B) Renewal: $25; with $23 to the Future Farmers |
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1 | | of America Fund and $2 to the Secretary of State |
2 | | Special License Plate Fund. |
3 | | (17) The Illinois Department of Public Health for |
4 | | autism awareness decals that are designed with input from |
5 | | autism advocacy organizations. |
6 | | (A) Original issuance: $25; with $10 to the Autism |
7 | | Awareness Fund and $15 to the Secretary of State |
8 | | Special License Plate Fund. |
9 | | (B) Renewal: $25; with $23 to the Autism Awareness |
10 | | Fund and $2 to the Secretary of State Special License |
11 | | Plate Fund. |
12 | | (18) The Department of Natural Resources for Lyme |
13 | | disease research decals. |
14 | | (A) Original issuance: $25; with $10 to the Tick |
15 | | Research, Education, and Evaluation Fund and $15 to |
16 | | the Secretary of State Special License Plate Fund. |
17 | | (B) Renewal: $25; with $23 to the Tick Research, |
18 | | Education, and Evaluation Fund and $2 to the Secretary |
19 | | of State Special License Plate Fund. |
20 | | (19) The IBEW Thank a Line Worker decal. |
21 | | (A) Original issuance: $15, which shall be |
22 | | deposited into the Secretary of State Special License |
23 | | Plate Fund. |
24 | | (B) Renewal: $2, which shall be deposited into the |
25 | | Secretary of State Special License Plate Fund. |
26 | | (20) An Illinois chapter of the Navy Club for Navy |
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1 | | Club decals. |
2 | | (A) Original issuance: $5; which shall be |
3 | | deposited into the Navy Club Fund. |
4 | | (B) Renewal: $18; which shall be deposited into |
5 | | the Navy Club Fund. |
6 | | (21) (20) An Illinois chapter of the International |
7 | | Brotherhood of Electrical Workers for International |
8 | | Brotherhood of Electrical Workers decal. |
9 | | (A) Original issuance: $25; with $10 to the |
10 | | International Brotherhood of Electrical Workers Fund |
11 | | and $15 to the Secretary of State Special License |
12 | | Plate Fund. |
13 | | (B) Renewal: $25; with $23 to the International |
14 | | Brotherhood of Electrical Workers Fund and $2 to the |
15 | | Secretary of State Special License Plate Fund. |
16 | | (22) (20) The 100 Club of Illinois decal. |
17 | | (A) Original issuance: $45; with $30 to the 100 |
18 | | Club of Illinois Fund and $15 to the Secretary of State |
19 | | Special License Plate Fund. |
20 | | (B) Renewal: $27; with $25 to the 100 Club of |
21 | | Illinois Fund and $2 to the Secretary of State Special |
22 | | License Plate Fund. |
23 | | (23) (20) The Illinois USTA/Midwest Youth Tennis |
24 | | Foundation decal. |
25 | | (A) Original issuance: $40; with $25 to the |
26 | | Illinois USTA/Midwest Youth Tennis Foundation Fund and |
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1 | | $15 to the Secretary of State Special License Plate |
2 | | Fund. |
3 | | (B) Renewal: $40; with $38 to the Illinois |
4 | | USTA/Midwest Youth Tennis Foundation Fund and $2 to |
5 | | the Secretary of State Special License Plate Fund. |
6 | | (24) (20) The Sons of the American Legion decal. |
7 | | (A) Original issuance: $25; with $10 to the Sons |
8 | | of the American Legion Fund and $15 to the Secretary of |
9 | | State Special License Plate Fund. |
10 | | (B) Renewal: $25; with $23 to the Sons of the |
11 | | American Legion Fund and $2 to the Secretary of State |
12 | | Special License Plate Fund. |
13 | | (f) The following funds are created as special funds in |
14 | | the State treasury: |
15 | | (1) The Roadside Monarch Habitat Fund. All money in |
16 | | the Roadside Monarch Habitat Fund shall be paid as grants |
17 | | by to the Illinois Department of Natural Resources to fund |
18 | | roadside monarch and other pollinator habitat development, |
19 | | enhancement, and restoration projects in this State. |
20 | | (2) The Prostate Cancer Awareness Fund. All money in |
21 | | the Prostate Cancer Awareness Fund shall be paid as grants |
22 | | to the Prostate Cancer Foundation of Chicago. |
23 | | (3) The Horsemen's Council of Illinois Fund. All money |
24 | | in the Horsemen's Council of Illinois Fund shall be paid |
25 | | as grants to the Horsemen's Council of Illinois. |
26 | | (4) The Post-Traumatic Stress Disorder Awareness Fund. |
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1 | | All money in the Post-Traumatic Stress Disorder Awareness |
2 | | Fund shall be paid as grants to K9s for Veterans, NFP for |
3 | | support, education, and awareness of veterans with |
4 | | post-traumatic stress disorder. |
5 | | (5) The Guide Dogs of America Fund. All money in the |
6 | | Guide Dogs of America Fund shall be paid as grants to the |
7 | | International Guiding Eyes, Inc., doing business as Guide |
8 | | Dogs of America. |
9 | | (6) The Mechanics Training Fund. All money in the |
10 | | Mechanics Training Fund shall be paid as grants to the |
11 | | Mechanics Local 701 Training Fund. |
12 | | (7) The Theresa Tracy Trot - Illinois CancerCare |
13 | | Foundation Fund. All money in the Theresa Tracy Trot - |
14 | | Illinois CancerCare Foundation Fund shall be paid to the |
15 | | Illinois CancerCare Foundation for the purpose of |
16 | | furthering pancreatic cancer research. |
17 | | (8) The Developmental Disabilities Awareness Fund. All |
18 | | money in the Developmental Disabilities Awareness Fund |
19 | | shall be paid as grants to the Illinois Department of |
20 | | Human Services to fund legal aid groups to assist with |
21 | | guardianship fees for private citizens willing to become |
22 | | guardians for individuals with developmental disabilities |
23 | | but who are unable to pay the legal fees associated with |
24 | | becoming a guardian. |
25 | | (9) The Pediatric Cancer Awareness Fund. All money in |
26 | | the Pediatric Cancer Awareness Fund shall be paid as |
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1 | | grants to the Cancer Center at Illinois for pediatric |
2 | | cancer treatment and research. |
3 | | (10) The Folds of Honor Foundation Fund. All money in |
4 | | the Folds of Honor Foundation Fund shall be paid as grants |
5 | | to the Folds of Honor Foundation to aid in providing |
6 | | educational scholarships to military families. |
7 | | (11) The Experimental Aircraft Association Fund. All |
8 | | money in the Experimental Aircraft Association Fund shall |
9 | | be paid, subject to appropriation by the General Assembly |
10 | | and distribution by the Secretary, as grants to promote |
11 | | recreational aviation. |
12 | | (12) The Child Abuse Council of the Quad Cities Fund. |
13 | | All money in the Child Abuse Council of the Quad Cities |
14 | | Fund shall be paid as grants to benefit the Child Abuse |
15 | | Council of the Quad Cities. |
16 | | (13) The Illinois Health Care Workers Benefit Fund. |
17 | | All money in the Illinois Health Care Workers Benefit Fund |
18 | | shall be paid as grants to the Trinity Health Foundation |
19 | | for the benefit of health care workers, doctors, nurses, |
20 | | and others who work in the health care industry in this |
21 | | State. |
22 | | (14) The Future Farmers of America Fund. All money in |
23 | | the Future Farmers of America Fund shall be paid as grants |
24 | | to the Illinois Association of Future Farmers of America. |
25 | | (15) The Tick Research, Education, and Evaluation |
26 | | Fund. All money in the Tick Research, Education, and |
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1 | | Evaluation Fund shall be paid as grants to the Illinois |
2 | | Lyme Association. |
3 | | (16) The Navy Club Fund. All money in the Navy Club |
4 | | Fund shall be paid as grants to any local chapter of the |
5 | | Navy Club that is located in this State. |
6 | | (17) (16) The International Brotherhood of Electrical |
7 | | Workers Fund. All money in the International Brotherhood |
8 | | of Electrical Workers Fund shall be paid as grants to any |
9 | | local chapter of the International Brotherhood of |
10 | | Electrical Workers that is located in this State. |
11 | | (18) (16) The 100 Club of Illinois Fund. All money in |
12 | | the 100 Club of Illinois Fund shall be paid as grants to |
13 | | the 100 Club of Illinois for the purpose of giving |
14 | | financial support to children and spouses of first |
15 | | responders killed in the line of duty and mental health |
16 | | resources for active duty first responders. |
17 | | (19) (16) The Illinois USTA/Midwest Youth Tennis |
18 | | Foundation Fund. All money in the Illinois USTA/Midwest |
19 | | Youth Tennis Foundation Fund shall be paid as grants to |
20 | | Illinois USTA/Midwest Youth Tennis Foundation to aid |
21 | | USTA/Midwest districts in the State with exposing youth to |
22 | | the game of tennis. |
23 | | (20) (16) The Sons of the American Legion Fund. All |
24 | | money in the Sons of the American Legion Fund shall be paid |
25 | | as grants to the Illinois Detachment of the Sons of the |
26 | | American Legion. |
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1 | | (Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; |
2 | | 102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. |
3 | | 8-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112, |
4 | | eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24; |
5 | | 103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff. |
6 | | 1-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933, |
7 | | eff. 1-1-25; revised 11-26-24.)
|
8 | | (625 ILCS 5/11-501.01) |
9 | | Sec. 11-501.01. Additional administrative sanctions. |
10 | | (a) After a finding of guilt and prior to any final |
11 | | sentencing or an order for supervision, for an offense based |
12 | | upon an arrest for a violation of Section 11-501 or a similar |
13 | | provision of a local ordinance, individuals shall be required |
14 | | to undergo a professional evaluation to determine if an |
15 | | alcohol, drug, or intoxicating compound abuse problem exists |
16 | | and the extent of the problem, and undergo the imposition of |
17 | | treatment as appropriate. Programs conducting these |
18 | | evaluations shall be licensed by the Department of Human |
19 | | Services. The cost of any professional evaluation shall be |
20 | | paid for by the individual required to undergo the |
21 | | professional evaluation. |
22 | | (b) Any person who is found guilty of or pleads guilty to |
23 | | violating Section 11-501, including any person receiving a |
24 | | disposition of court supervision for violating that Section, |
25 | | may be required by the Court to attend a victim impact panel |
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1 | | offered by, or under contract with, a county State's |
2 | | Attorney's office, a probation and court services department, |
3 | | Mothers Against Drunk Driving, or the Alliance Against |
4 | | Intoxicated Motorists. All costs generated by the victim |
5 | | impact panel shall be paid from fees collected from the |
6 | | offender or as may be determined by the court. |
7 | | (c) (Blank). |
8 | | (d) The Secretary of State shall revoke the driving |
9 | | privileges of any person convicted under Section 11-501 or a |
10 | | similar provision of a local ordinance. |
11 | | (e) The Secretary of State shall require the use of |
12 | | ignition interlock devices for a period not less than 5 years |
13 | | on all vehicles owned by a person who has been convicted of a |
14 | | second or subsequent offense of Section 11-501 or a similar |
15 | | provision of a local ordinance. The person must pay to the |
16 | | Secretary of State DUI Administration Fund an amount not to |
17 | | exceed $30 for each month that he or she uses the device. The |
18 | | Secretary shall establish by rule and regulation the |
19 | | procedures for certification and use of the interlock system, |
20 | | the amount of the fee, and the procedures, terms, and |
21 | | conditions relating to these fees. During the time period in |
22 | | which a person is required to install an ignition interlock |
23 | | device under this subsection (e), that person shall only |
24 | | operate vehicles in which ignition interlock devices have been |
25 | | installed, except as allowed by subdivision (c)(5) or (d)(5) |
26 | | of Section 6-205 of this Code. |
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1 | | (f) (Blank). |
2 | | (g) The Secretary of State Police DUI Fund is created as a |
3 | | special fund in the State treasury and, subject to |
4 | | appropriation, shall be used for enforcement and prevention of |
5 | | driving while under the influence of alcohol, other drug or |
6 | | drugs, intoxicating compound or compounds or any combination |
7 | | thereof, as defined by Section 11-501 of this Code, including, |
8 | | but not limited to, the purchase of law enforcement equipment |
9 | | and commodities to assist in the prevention of alcohol-related |
10 | | criminal violence throughout the State; police officer |
11 | | training and education in areas related to alcohol-related |
12 | | crime, including, but not limited to, DUI training; and police |
13 | | officer salaries, including, but not limited to, salaries for |
14 | | hire-back hire back funding for safety checkpoints, saturation |
15 | | patrols, and liquor store sting operations. Notwithstanding |
16 | | any other provision of law, on July 1, 2025, or as soon |
17 | | thereafter as practical, the State Comptroller shall direct |
18 | | and the State Treasurer shall transfer the remaining balance |
19 | | from the Secretary of State Police DUI Fund into the Secretary |
20 | | of State Police Services Fund. Upon completion of the |
21 | | transfers, the Secretary of State Police DUI Fund is |
22 | | dissolved, and any future deposits due to that Fund and any |
23 | | outstanding obligations or liabilities of that Fund shall pass |
24 | | to the Secretary of State Police Services Fund. |
25 | | (h) Whenever an individual is sentenced for an offense |
26 | | based upon an arrest for a violation of Section 11-501 or a |
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1 | | similar provision of a local ordinance, and the professional |
2 | | evaluation recommends remedial or rehabilitative treatment or |
3 | | education, neither the treatment nor the education shall be |
4 | | the sole disposition and either or both may be imposed only in |
5 | | conjunction with another disposition. The court shall monitor |
6 | | compliance with any remedial education or treatment |
7 | | recommendations contained in the professional evaluation. |
8 | | Programs conducting alcohol or other drug evaluation or |
9 | | remedial education must be licensed by the Department of Human |
10 | | Services. If the individual is not a resident of Illinois, |
11 | | however, the court may accept an alcohol or other drug |
12 | | evaluation or remedial education program in the individual's |
13 | | state of residence. Programs providing treatment must be |
14 | | licensed under existing applicable alcoholism and drug |
15 | | treatment licensure standards. |
16 | | (i) (Blank). |
17 | | (j) A person that is subject to a chemical test or tests of |
18 | | blood under subsection (a) of Section 11-501.1 or subdivision |
19 | | (c)(2) of Section 11-501.2 of this Code, whether or not that |
20 | | person consents to testing, shall be liable for the expense up |
21 | | to $500 for blood withdrawal by a physician authorized to |
22 | | practice medicine, a licensed physician assistant, a licensed |
23 | | advanced practice registered nurse, a registered nurse, a |
24 | | trained phlebotomist, a licensed paramedic, or a qualified |
25 | | person other than a police officer approved by the Illinois |
26 | | State Police to withdraw blood, who responds, whether at a law |
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1 | | enforcement facility or a health care facility, to a police |
2 | | department request for the drawing of blood based upon refusal |
3 | | of the person to submit to a lawfully requested breath test or |
4 | | probable cause exists to believe the test would disclose the |
5 | | ingestion, consumption, or use of drugs or intoxicating |
6 | | compounds if: |
7 | | (1) the person is found guilty of violating Section |
8 | | 11-501 of this Code or a similar provision of a local |
9 | | ordinance; or |
10 | | (2) the person pleads guilty to or stipulates to facts |
11 | | supporting a violation of Section 11-503 of this Code or a |
12 | | similar provision of a local ordinance when the plea or |
13 | | stipulation was the result of a plea agreement in which |
14 | | the person was originally charged with violating Section |
15 | | 11-501 of this Code or a similar local ordinance. |
16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
|
17 | | Section 30-170. The Criminal and Traffic Assessment Act is |
18 | | amended by changing Sections 10-5, 15-15, 15-35, and 15-70 as |
19 | | follows:
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20 | | (705 ILCS 135/10-5) |
21 | | Sec. 10-5. Funds. |
22 | | (a) All money collected by the Clerk of the Circuit Court |
23 | | under Article 15 of this Act shall be remitted as directed in |
24 | | Article 15 of this Act to the county treasurer, to the State |
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1 | | Treasurer, and to the treasurers of the units of local |
2 | | government. If an amount payable to any of the treasurers is |
3 | | less than $10, the clerk may postpone remitting the money |
4 | | until $10 has accrued or by the end of fiscal year. The |
5 | | treasurers shall deposit the money as indicated in the |
6 | | schedules, except, in a county with a population of over |
7 | | 3,000,000, money remitted to the county treasurer shall be |
8 | | subject to appropriation by the county board. Any amount |
9 | | retained by the Clerk of the Circuit Court in a county with a |
10 | | population of over 3,000,000 shall be subject to appropriation |
11 | | by the county board. |
12 | | (b) The county treasurer or the treasurer of the unit of |
13 | | local government may create the funds indicated in paragraphs |
14 | | (1) through (5), (9), and (16) of subsection (d) of this |
15 | | Section, if not already in existence. If a county or unit of |
16 | | local government has not instituted, and does not plan to |
17 | | institute a program that uses a particular fund, the treasurer |
18 | | need not create the fund and may instead deposit the money |
19 | | intended for the fund into the general fund of the county or |
20 | | unit of local government for use in financing the court |
21 | | system. |
22 | | (c) If the arresting agency is a State agency, the |
23 | | arresting agency portion shall be remitted by the clerk of |
24 | | court to the State Treasurer who shall deposit the portion as |
25 | | follows: |
26 | | (1) if the arresting agency is the Illinois State |
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1 | | Police, into the State Police Law Enforcement |
2 | | Administration Fund; |
3 | | (2) if the arresting agency is the Department of |
4 | | Natural Resources, into the Conservation Police Operations |
5 | | Assistance Fund; |
6 | | (3) if the arresting agency is the Secretary of State, |
7 | | into the Secretary of State Police Services Fund; and |
8 | | (4) if the arresting agency is the Illinois Commerce |
9 | | Commission, into the Transportation Regulatory Fund. |
10 | | (d) Fund descriptions and provisions: |
11 | | (1) The Court Automation Fund is to defray the |
12 | | expense, borne by the county, of establishing and |
13 | | maintaining automated record keeping systems in the Office |
14 | | of the Clerk of the Circuit Court. The money shall be |
15 | | remitted monthly by the clerk to the county treasurer and |
16 | | identified as funds for the Circuit Court Clerk. The fund |
17 | | shall be audited by the county auditor, and the board |
18 | | shall make expenditures from the fund in payment of any |
19 | | costs related to the automation of court records including |
20 | | hardware, software, research and development costs, and |
21 | | personnel costs related to the foregoing, provided that |
22 | | the expenditure is approved by the clerk of the court and |
23 | | by the chief judge of the circuit court or his or her |
24 | | designee. |
25 | | (2) The Document Storage Fund is to defray the |
26 | | expense, borne by the county, of establishing and |
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1 | | maintaining a document storage system and converting the |
2 | | records of the circuit court clerk to electronic or |
3 | | micrographic storage. The money shall be remitted monthly |
4 | | by the clerk to the county treasurer and identified as |
5 | | funds for the circuit court clerk. The fund shall be |
6 | | audited by the county auditor, and the board shall make |
7 | | expenditure from the fund in payment of any cost related |
8 | | to the storage of court records, including hardware, |
9 | | software, research and development costs, and personnel |
10 | | costs related to the foregoing, provided that the |
11 | | expenditure is approved by the clerk of the court. |
12 | | (3) The Circuit Clerk Operations and Administration |
13 | | Fund may be used to defray the expenses incurred for |
14 | | collection and disbursement of the various assessment |
15 | | schedules. The money shall be remitted monthly by the |
16 | | clerk to the county treasurer and identified as funds for |
17 | | the circuit court clerk. |
18 | | (4) The State's Attorney Records Automation Fund is to |
19 | | defray the expense of establishing and maintaining |
20 | | automated record keeping systems in the offices of the |
21 | | State's Attorney. The money shall be remitted monthly by |
22 | | the clerk to the county treasurer for deposit into the |
23 | | State's Attorney Records Automation Fund. Expenditures |
24 | | from this fund may be made by the State's Attorney for |
25 | | hardware, software, and research and development related |
26 | | to automated record keeping systems. |
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1 | | (5) The Public Defender Records Automation Fund is to |
2 | | defray the expense of establishing and maintaining |
3 | | automated record keeping systems in the offices of the |
4 | | Public Defender. The money shall be remitted monthly by |
5 | | the clerk to the county treasurer for deposit into the |
6 | | Public Defender Records Automation Fund. Expenditures from |
7 | | this fund may be made by the Public Defender for hardware, |
8 | | software, and research and development related to |
9 | | automated record keeping systems. |
10 | | (6) The DUI Fund shall be used for enforcement and |
11 | | prevention of driving while under the influence of |
12 | | alcohol, other drug or drugs, intoxicating compound or |
13 | | compounds or any combination thereof, as defined by |
14 | | Section 11-501 of the Illinois Vehicle Code, including, |
15 | | but not limited to, the purchase of law enforcement |
16 | | equipment and commodities that will assist in the |
17 | | prevention of alcohol-related criminal violence throughout |
18 | | the State; police officer training and education in areas |
19 | | related to alcohol-related crime, including, but not |
20 | | limited to, DUI training; and police officer salaries, |
21 | | including, but not limited to, salaries for hire-back |
22 | | funding for safety checkpoints, saturation patrols, and |
23 | | liquor store sting operations. Any moneys shall be used to |
24 | | purchase law enforcement equipment that will assist in the |
25 | | prevention of alcohol-related criminal violence throughout |
26 | | the State. The money shall be remitted monthly by the |
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1 | | clerk to the State or local treasurer for deposit as |
2 | | provided by law. |
3 | | (7) The Trauma Center Fund shall be distributed as |
4 | | provided under Section 3.225 of the Emergency Medical |
5 | | Services (EMS) Systems Act. |
6 | | (8) The Probation and Court Services Fund is to be |
7 | | expended as described in Section 15.1 of the Probation and |
8 | | Probation Officers Act. |
9 | | (9) The Circuit Court Clerk Electronic Citation Fund |
10 | | shall have the Circuit Court Clerk as the custodian, ex |
11 | | officio, of the Fund and shall be used to perform the |
12 | | duties required by the office for establishing and |
13 | | maintaining electronic citations. The Fund shall be |
14 | | audited by the county's auditor. |
15 | | (10) The Drug Treatment Fund is a special fund in the |
16 | | State treasury. Moneys in the Fund shall be expended as |
17 | | provided in Section 50-35 of the Substance Use Disorder |
18 | | Act 411.2 of the Illinois Controlled Substances Act . |
19 | | (11) The Violent Crime Victims Assistance Fund is a |
20 | | special fund in the State treasury to provide moneys for |
21 | | the grants to be awarded under the Violent Crime Victims |
22 | | Assistance Act. |
23 | | (12) The Criminal Justice Information Projects Fund |
24 | | shall be appropriated to and administered by the Illinois |
25 | | Criminal Justice Information Authority for distribution to |
26 | | fund Illinois State Police drug task forces and |
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1 | | Metropolitan Enforcement Groups, for the costs associated |
2 | | with making grants under Section 9.3 of the Illinois |
3 | | Criminal Justice Information Act from the Prescription |
4 | | Pill and Drug Disposal Fund , for undertaking criminal |
5 | | justice information projects, and for the operating and |
6 | | other expenses of the Authority incidental to those |
7 | | criminal justice information projects. The moneys |
8 | | deposited into the Criminal Justice Information Projects |
9 | | Fund under Sections 15-15 and 15-35 of this Act shall be |
10 | | appropriated to and administered by the Illinois Criminal |
11 | | Justice Information Authority for distribution to fund |
12 | | Illinois State Police drug task forces and Metropolitan |
13 | | Enforcement Groups by dividing the funds equally by the |
14 | | total number of Illinois State Police drug task forces and |
15 | | Illinois Metropolitan Enforcement Groups. |
16 | | (13) The Sexual Assault Services Fund shall be |
17 | | appropriated to the Department of Human Services Public |
18 | | Health . Upon appropriation of moneys from the Sexual |
19 | | Assault Services Fund, the Department of Human Services |
20 | | Public Health shall make grants of these moneys to sexual |
21 | | assault organizations with whom the Department has |
22 | | contracts for the purpose of providing community-based |
23 | | services to victims of sexual assault. Grants are in |
24 | | addition to, and are not substitutes for, other grants |
25 | | authorized and made by the Department. |
26 | | (14) The County Jail Medical Costs Fund is to help |
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1 | | defray the costs outlined in Section 17 of the County Jail |
2 | | Act. Moneys in the Fund shall be used solely for |
3 | | reimbursement to the county of costs for medical expenses |
4 | | and administration of the Fund. |
5 | | (15) The Prisoner Review Board Vehicle and Equipment |
6 | | Fund is a special fund in the State treasury. The Prisoner |
7 | | Review Board shall, subject to appropriation by the |
8 | | General Assembly and approval by the Secretary, use all |
9 | | moneys in the Prisoner Review Board Vehicle and Equipment |
10 | | Fund for the purchase and operation of vehicles and |
11 | | equipment. |
12 | | (16) In each county in which a Children's Advocacy |
13 | | Center provides services, a Child Advocacy Center Fund is |
14 | | specifically for the operation and administration of the |
15 | | Children's Advocacy Center, from which the county board |
16 | | shall make grants to support the activities and services |
17 | | of the Children's Advocacy Center within that county. |
18 | | (Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21 .)
|
19 | | (705 ILCS 135/15-15) |
20 | | Sec. 15-15. SCHEDULE 3; felony drug offenses. |
21 | | SCHEDULE 3: For a felony under the Illinois Controlled |
22 | | Substances Act, the Cannabis Control Act, or the |
23 | | Methamphetamine Control and Community Protection Act, the |
24 | | Clerk of the Circuit Court shall collect $2,215 and remit as |
25 | | follows: |
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1 | | (1) As the county's portion, $354 to the county treasurer, |
2 | | who shall deposit the money as follows: |
3 | | (A) $20 into the Court Automation Fund; |
4 | | (B) $20 into the Court Document Storage Fund; |
5 | | (C) $5 into the Circuit Court Clerk Operation and |
6 | | Administrative Fund; |
7 | | (D) $255 into the county's General Fund; |
8 | | (E) $10 into the Child Advocacy Center Fund; |
9 | | (F) $2 into the State's Attorney Records Automation |
10 | | Fund; |
11 | | (G) $2 into the Public Defender Records Automation |
12 | | Fund; |
13 | | (H) $20 into the County Jail Medical Costs Fund; and |
14 | | (I) $20 into the Probation and Court Services Fund. |
15 | | (2) As the State's portion, $1,861 to the State Treasurer, |
16 | | who shall deposit the money as follows: |
17 | | (A) $50 into the State Police Operations Assistance |
18 | | Fund; |
19 | | (B) $100 into the Violent Crime Victims Assistance |
20 | | Fund; |
21 | | (C) $100 into the Trauma Center Fund; and |
22 | | (D) $5 into the Spinal Cord Injury Paralysis Cure |
23 | | Research Trust Fund; |
24 | | (E) $1,500 into the Drug Treatment Fund; |
25 | | (F) $5 into the State Police Merit Board Public Safety |
26 | | Fund; |
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1 | | (G) (Blank); $38 into the Prescription Pill and Drug |
2 | | Disposal Fund; |
3 | | (H) $66 $28 into the Criminal Justice Information |
4 | | Projects Fund; and |
5 | | (I) $35 into the Traffic and Criminal Conviction |
6 | | Surcharge Fund. |
7 | | (Source: P.A. 100-987, eff. 7-1-19 .)
|
8 | | (705 ILCS 135/15-35) |
9 | | Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses. |
10 | | SCHEDULE 7: For a misdemeanor under the Illinois |
11 | | Controlled Substances Act, the Cannabis Control Act, or the |
12 | | Methamphetamine Control and Community Protection Act, the |
13 | | Clerk of the Circuit Court shall collect $905 and remit as |
14 | | follows: |
15 | | (1) As the county's portion, $282 to the county treasurer, |
16 | | who shall deposit the money as follows: |
17 | | (A) $20 into the Court Automation Fund; |
18 | | (B) $20 into the Court Document Storage Fund; |
19 | | (C) $5 into the Circuit Court Clerk Operation and |
20 | | Administrative Fund; |
21 | | (D) $8 into the Circuit Court Clerk Electronic |
22 | | Citation Fund; |
23 | | (E) $185 into the county's General Fund; |
24 | | (F) $10 into the Child Advocacy Center Fund; |
25 | | (G) $2 into the State's Attorney Records Automation |
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1 | | Fund; |
2 | | (H) $2 into the Public Defenders Records Automation |
3 | | Fund; |
4 | | (I) $10 into the County Jail Medical Costs Fund; and |
5 | | (J) $20 into the Probation and Court Services Fund. |
6 | | (2) As the State's portion, $621 to the State Treasurer, |
7 | | who shall deposit the money as follows: |
8 | | (A) $50 into the State Police Operations Assistance |
9 | | Fund; |
10 | | (B) $75 into the Violent Crime Victims Assistance |
11 | | Fund; |
12 | | (C) $100 into the Trauma Center Fund; |
13 | | (D) $5 into the Spinal Cord Injury Paralysis Cure |
14 | | Research Trust Fund; |
15 | | (E) $300 into the Drug Treatment Fund; |
16 | | (F) (Blank); $38 into the Prescription Pill and Drug |
17 | | Disposal Fund; |
18 | | (G) $66 $28 into the Criminal Justice Information |
19 | | Projects Fund; |
20 | | (H) $5 into the State Police Merit Board Public Safety |
21 | | Fund; and |
22 | | (I) $20 into the Traffic and Criminal Conviction |
23 | | Surcharge Fund. |
24 | | (3) As the arresting agency's portion, $2, to the |
25 | | treasurer of the unit of local government of the arresting |
26 | | agency, who shall deposit the money into the E-citation Fund |
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1 | | of that unit of local government or as provided in subsection |
2 | | (c) of Section 10-5 of this Act if the arresting agency is a |
3 | | State agency, unless more than one agency is responsible for |
4 | | the arrest in which case the amount shall be remitted to each |
5 | | unit of government equally. |
6 | | (Source: P.A. 100-987, eff. 7-1-19 .)
|
7 | | (705 ILCS 135/15-70) |
8 | | Sec. 15-70. Conditional assessments. In addition to |
9 | | payments under one of the Schedule of Assessments 1 through 13 |
10 | | of this Act, the court shall also order payment of any of the |
11 | | following conditional assessment amounts for each sentenced |
12 | | violation in the case to which a conditional assessment is |
13 | | applicable, which shall be collected and remitted by the Clerk |
14 | | of the Circuit Court as provided in this Section: |
15 | | (1) arson, residential arson, or aggravated arson, |
16 | | $500 per conviction to the State Treasurer for deposit |
17 | | into the Fire Prevention Fund; |
18 | | (2) child pornography under Section 11-20.1 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 |
20 | | per conviction, unless more than one agency is responsible |
21 | | for the arrest in which case the amount shall be remitted |
22 | | to each unit of government equally: |
23 | | (A) if the arresting agency is an agency of a unit |
24 | | of local government, $500 to the treasurer of the unit |
25 | | of local government for deposit into the unit of local |
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1 | | government's General Fund, except that if the Illinois |
2 | | State Police provides digital or electronic forensic |
3 | | examination assistance, or both, to the arresting |
4 | | agency then $100 to the State Treasurer for deposit |
5 | | into the State Crime Laboratory Fund; or |
6 | | (B) if the arresting agency is the Illinois State |
7 | | Police, $500 to the State Treasurer for deposit into |
8 | | the State Crime Laboratory Fund; |
9 | | (3) crime laboratory drug analysis for a drug-related |
10 | | offense involving possession or delivery of cannabis or |
11 | | possession or delivery of a controlled substance as |
12 | | defined in the Cannabis Control Act, the Illinois |
13 | | Controlled Substances Act, or the Methamphetamine Control |
14 | | and Community Protection Act, $100 reimbursement for |
15 | | laboratory analysis, as set forth in subsection (f) of |
16 | | Section 5-9-1.4 of the Unified Code of Corrections; |
17 | | (4) DNA analysis, $250 on each conviction in which it |
18 | | was used to the State Treasurer for deposit into the State |
19 | | Crime Laboratory Fund as set forth in Section 5-9-1.4 of |
20 | | the Unified Code of Corrections; |
21 | | (5) DUI analysis, $150 on each sentenced violation in |
22 | | which it was used as set forth in subsection (f) of Section |
23 | | 5-9-1.9 of the Unified Code of Corrections; |
24 | | (6) drug-related offense involving possession or |
25 | | delivery of cannabis or possession or delivery of a |
26 | | controlled substance, other than methamphetamine, as |
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1 | | defined in the Cannabis Control Act or the Illinois |
2 | | Controlled Substances Act, an amount not less than the |
3 | | full street value of the cannabis or controlled substance |
4 | | seized for each conviction to be disbursed as follows: |
5 | | (A) 12.5% of the street value assessment shall be |
6 | | paid into the Drug Treatment Youth Drug Abuse |
7 | | Prevention Fund, to be used by the Department of Human |
8 | | Services for the funding of programs and services for |
9 | | drug-abuse treatment, and prevention and education |
10 | | services; |
11 | | (B) 37.5% to the county in which the charge was |
12 | | prosecuted, to be deposited into the county General |
13 | | Fund; |
14 | | (C) 50% to the treasurer of the arresting law |
15 | | enforcement agency of the municipality or county, or |
16 | | to the State Treasurer if the arresting agency was a |
17 | | state agency, to be deposited as provided in |
18 | | subsection (c) of Section 10-5; |
19 | | (D) if the arrest was made in combination with |
20 | | multiple law enforcement agencies, the clerk shall |
21 | | equitably allocate the portion in subparagraph (C) of |
22 | | this paragraph (6) among the law enforcement agencies |
23 | | involved in the arrest; |
24 | | (6.5) Kane County or Will County, in felony, |
25 | | misdemeanor, local or county ordinance, traffic, or |
26 | | conservation cases, up to $30 as set by the county board |
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1 | | under Section 5-1101.3 of the Counties Code upon the entry |
2 | | of a judgment of conviction, an order of supervision, or a |
3 | | sentence of probation without entry of judgment under |
4 | | Section 10 of the Cannabis Control Act, Section 410 of the |
5 | | Illinois Controlled Substances Act, Section 70 of the |
6 | | Methamphetamine Control and Community Protection Act, |
7 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of |
8 | | the Criminal Code of 1961 or the Criminal Code of 2012, |
9 | | Section 10-102 of the Illinois Alcoholism and Other Drug |
10 | | Dependency Act, or Section 10 of the Steroid Control Act; |
11 | | except in local or county ordinance, traffic, and |
12 | | conservation cases, if fines are paid in full without a |
13 | | court appearance, then the assessment shall not be imposed |
14 | | or collected. Distribution of assessments collected under |
15 | | this paragraph (6.5) shall be as provided in Section |
16 | | 5-1101.3 of the Counties Code; |
17 | | (7) methamphetamine-related offense involving |
18 | | possession or delivery of methamphetamine or any salt of |
19 | | an optical isomer of methamphetamine or possession of a |
20 | | methamphetamine manufacturing material as set forth in |
21 | | Section 10 of the Methamphetamine Control and Community |
22 | | Protection Act with the intent to manufacture a substance |
23 | | containing methamphetamine or salt of an optical isomer of |
24 | | methamphetamine, an amount not less than the full street |
25 | | value of the methamphetamine or salt of an optical isomer |
26 | | of methamphetamine or methamphetamine manufacturing |
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1 | | materials seized for each conviction to be disbursed as |
2 | | follows: |
3 | | (A) 12.5% of the street value assessment shall be |
4 | | paid into the Drug Treatment Youth Drug Abuse |
5 | | Prevention Fund, to be used by the Department of Human |
6 | | Services for the funding of programs and services for |
7 | | drug-abuse treatment, and prevention and education |
8 | | services; |
9 | | (B) 37.5% to the county in which the charge was |
10 | | prosecuted, to be deposited into the county General |
11 | | Fund; |
12 | | (C) 50% to the treasurer of the arresting law |
13 | | enforcement agency of the municipality or county, or |
14 | | to the State Treasurer if the arresting agency was a |
15 | | state agency, to be deposited as provided in |
16 | | subsection (c) of Section 10-5; |
17 | | (D) if the arrest was made in combination with |
18 | | multiple law enforcement agencies, the clerk shall |
19 | | equitably allocate the portion in subparagraph (C) of |
20 | | this paragraph (6) among the law enforcement agencies |
21 | | involved in the arrest; |
22 | | (8) order of protection violation under Section 12-3.4 |
23 | | of the Criminal Code of 2012, $200 for each conviction to |
24 | | the county treasurer for deposit into the Probation and |
25 | | Court Services Fund for implementation of a domestic |
26 | | violence surveillance program and any other assessments or |
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1 | | fees imposed under Section 5-9-1.16 of the Unified Code of |
2 | | Corrections; |
3 | | (9) order of protection violation, $25 for each |
4 | | violation to the State Treasurer, for deposit into the |
5 | | Domestic Violence Abuser Services Fund; |
6 | | (10) prosecution by the State's Attorney of a: |
7 | | (A) petty or business offense, $4 to the county |
8 | | treasurer of which $2 deposited into the State's |
9 | | Attorney Records Automation Fund and $2 into the |
10 | | Public Defender Records Automation Fund; |
11 | | (B) conservation or traffic offense, $2 to the |
12 | | county treasurer for deposit into the State's Attorney |
13 | | Records Automation Fund; |
14 | | (11) speeding in a construction zone violation, $250 |
15 | | to the State Treasurer for deposit into the Transportation |
16 | | Safety Highway Hire-back Fund, unless (i) the violation |
17 | | occurred on a highway other than an interstate highway and |
18 | | (ii) a county police officer wrote the ticket for the |
19 | | violation, in which case to the county treasurer for |
20 | | deposit into that county's Transportation Safety Highway |
21 | | Hire-back Fund; |
22 | | (12) supervision disposition on an offense under the |
23 | | Illinois Vehicle Code or similar provision of a local |
24 | | ordinance, 50 cents, unless waived by the court, into the |
25 | | Prisoner Review Board Vehicle and Equipment Fund; |
26 | | (13) victim and offender are family or household |
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1 | | members as defined in Section 103 of the Illinois Domestic |
2 | | Violence Act of 1986 and offender pleads guilty or no |
3 | | contest to or is convicted of murder, voluntary |
4 | | manslaughter, involuntary manslaughter, burglary, |
5 | | residential burglary, criminal trespass to residence, |
6 | | criminal trespass to vehicle, criminal trespass to land, |
7 | | criminal damage to property, telephone harassment, |
8 | | kidnapping, aggravated kidnaping, unlawful restraint, |
9 | | forcible detention, child abduction, indecent solicitation |
10 | | of a child, sexual relations between siblings, |
11 | | exploitation of a child, child pornography, assault, |
12 | | aggravated assault, battery, aggravated battery, heinous |
13 | | battery, aggravated battery of a child, domestic battery, |
14 | | reckless conduct, intimidation, criminal sexual assault, |
15 | | predatory criminal sexual assault of a child, aggravated |
16 | | criminal sexual assault, criminal sexual abuse, aggravated |
17 | | criminal sexual abuse, violation of an order of |
18 | | protection, disorderly conduct, endangering the life or |
19 | | health of a child, child abandonment, contributing to |
20 | | dependency or neglect of child, or cruelty to children and |
21 | | others, $200 for each sentenced violation to the State |
22 | | Treasurer for deposit as follows: (i) for sexual assault, |
23 | | as defined in Section 5-9-1.7 of the Unified Code of |
24 | | Corrections, when the offender and victim are family |
25 | | members, one-half to the Domestic Violence Shelter and |
26 | | Service Fund, and one-half to the Sexual Assault Services |
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1 | | Fund; (ii) for the remaining offenses to the Domestic |
2 | | Violence Shelter and Service Fund; |
3 | | (14) violation of Section 11-501 of the Illinois |
4 | | Vehicle Code, Section 5-7 of the Snowmobile Registration |
5 | | and Safety Act, Section 5-16 of the Boat Registration and |
6 | | Safety Act, or a similar provision, whose operation of a |
7 | | motor vehicle, snowmobile, or watercraft while in |
8 | | violation of Section 11-501, Section 5-7 of the Snowmobile |
9 | | Registration and Safety Act, Section 5-16 of the Boat |
10 | | Registration and Safety Act, or a similar provision |
11 | | proximately caused an incident resulting in an appropriate |
12 | | emergency response, $1,000 maximum to the public agency |
13 | | that provided an emergency response related to the |
14 | | person's violation, or as provided in subsection (c) of |
15 | | Section 10-5 if the arresting agency was a State agency, |
16 | | unless more than one agency was responsible for the |
17 | | arrest, in which case the amount shall be remitted to each |
18 | | unit of government equally; |
19 | | (15) violation of Section 401, 407, or 407.2 of the |
20 | | Illinois Controlled Substances Act that proximately caused |
21 | | any incident resulting in an appropriate drug-related |
22 | | emergency response, $1,000 as reimbursement for the |
23 | | emergency response to the law enforcement agency that made |
24 | | the arrest, or as provided in subsection (c) of Section |
25 | | 10-5 if the arresting agency was a State agency, unless |
26 | | more than one agency was responsible for the arrest, in |
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1 | | which case the amount shall be remitted to each unit of |
2 | | government equally; |
3 | | (16) violation of reckless driving, aggravated |
4 | | reckless driving, or driving 26 miles per hour or more in |
5 | | excess of the speed limit that triggered an emergency |
6 | | response, $1,000 maximum reimbursement for the emergency |
7 | | response to be distributed in its entirety to a public |
8 | | agency that provided an emergency response related to the |
9 | | person's violation, or as provided in subsection (c) of |
10 | | Section 10-5 if the arresting agency was a State agency, |
11 | | unless more than one agency was responsible for the |
12 | | arrest, in which case the amount shall be remitted to each |
13 | | unit of government equally; |
14 | | (17) violation based upon each plea of guilty, |
15 | | stipulation of facts, or finding of guilt resulting in a |
16 | | judgment of conviction or order of supervision for an |
17 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of |
18 | | the Criminal Code of 2012 that results in the imposition |
19 | | of a fine, to be distributed as follows: |
20 | | (A) $50 to the county treasurer for deposit into |
21 | | the Circuit Court Clerk Operation and Administrative |
22 | | Fund to cover the costs in administering this |
23 | | paragraph (17); |
24 | | (B) $300 to the State Treasurer who shall deposit |
25 | | the portion as follows: |
26 | | (i) if the arresting or investigating agency |
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1 | | is the Illinois State Police, into the State |
2 | | Police Law Enforcement Administration Fund; |
3 | | (ii) if the arresting or investigating agency |
4 | | is the Department of Natural Resources, into the |
5 | | Conservation Police Operations Assistance Fund; |
6 | | (iii) if the arresting or investigating agency |
7 | | is the Secretary of State, into the Secretary of |
8 | | State Police Services Fund; |
9 | | (iv) if the arresting or investigating agency |
10 | | is the Illinois Commerce Commission, into the |
11 | | Transportation Regulatory Fund; or |
12 | | (v) if more than one of the State agencies in |
13 | | this subparagraph (B) is the arresting or |
14 | | investigating agency, then equal shares with the |
15 | | shares deposited as provided in the applicable |
16 | | items (i) through (iv) of this subparagraph (B); |
17 | | and |
18 | | (C) the remainder for deposit into the Specialized |
19 | | Services for Survivors of Human Trafficking Fund; |
20 | | (18) weapons violation under Section 24-1.1, 24-1.2, |
21 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code |
22 | | of 2012, $100 for each conviction to the State Treasurer |
23 | | for deposit into the Trauma Center Fund; and |
24 | | (19) violation of subsection (c) of Section 11-907 of |
25 | | the Illinois Vehicle Code, $250 to the State Treasurer for |
26 | | deposit into the Scott's Law Fund, unless a county or |
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1 | | municipal police officer wrote the ticket for the |
2 | | violation, in which case to the county treasurer for |
3 | | deposit into that county's or municipality's |
4 | | Transportation Safety Highway Hire-back Fund to be used as |
5 | | provided in subsection (j) of Section 11-907 of the |
6 | | Illinois Vehicle Code ; and . |
7 | | (20) violation of Section 15-109.1 of the Illinois |
8 | | Vehicle Code, $150 to be distributed as follows: |
9 | | (A) 50% to the county treasurer for deposit into |
10 | | the county general fund; and |
11 | | (B) 50% to the treasurer of the arresting law |
12 | | enforcement agency of the municipality or county or to |
13 | | the State Treasurer, if the arresting agency was a |
14 | | State agency, to be deposited as provided in |
15 | | subsection (c) of Section 10-5. |
16 | | Except for traffic violations, fines , and assessments, |
17 | | such as fees or administrative costs authorized in this |
18 | | Section, shall not be ordered or imposed on a minor subject to |
19 | | Article III, IV, or V of the Juvenile Court Act of 1987, or a |
20 | | minor under the age of 18 transferred to adult court or |
21 | | excluded from juvenile court jurisdiction under Article V of |
22 | | the Juvenile Court Act of 1987, or the minor's parent, |
23 | | guardian, or legal custodian. |
24 | | (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; |
25 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. |
26 | | 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)
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1 | | Section 30-175. The Cannabis Control Act is amended by |
2 | | changing Section 10.2 as follows:
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3 | | (720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2) |
4 | | Sec. 10.2. (a) Twelve and one-half percent of all amounts |
5 | | collected as fines pursuant to the provisions of this Act |
6 | | shall be paid into the Drug Treatment Youth Drug Abuse |
7 | | Prevention Fund, which is hereby created in the State |
8 | | treasury, to be used by the Department of Human Services for |
9 | | the funding of programs and services for drug-abuse treatment, |
10 | | and prevention and education services, for juveniles. |
11 | | (b) Eighty-seven and one-half percent of the proceeds of |
12 | | all fines received under the provisions of this Act shall be |
13 | | transmitted to and deposited in the treasurer's office at the |
14 | | level of government as follows: |
15 | | (1) If such seizure was made by a combination of law |
16 | | enforcement personnel representing differing units of |
17 | | local government, the court levying the fine shall |
18 | | equitably allocate 50% of the fine among these units of |
19 | | local government and shall allocate 37 1/2% to the county |
20 | | general corporate fund. In the event that the seizure was |
21 | | made by law enforcement personnel representing a unit of |
22 | | local government from a municipality where the number of |
23 | | inhabitants exceeds 2 million in population, the court |
24 | | levying the fine shall allocate 87 1/2% of the fine to that |
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1 | | unit of local government. If the seizure was made by a |
2 | | combination of law enforcement personnel representing |
3 | | differing units of local government, and at least one of |
4 | | those units represents a municipality where the number of |
5 | | inhabitants exceeds 2 million in population, the court |
6 | | shall equitably allocate 87 1/2% of the proceeds of the |
7 | | fines received among the differing units of local |
8 | | government. |
9 | | (2) If such seizure was made by State law enforcement |
10 | | personnel, then the court shall allocate 37 1/2% to the |
11 | | State treasury and 50% to the county general corporate |
12 | | fund. |
13 | | (3) If a State law enforcement agency in combination |
14 | | with a law enforcement agency or agencies of a unit or |
15 | | units of local government conducted the seizure, the court |
16 | | shall equitably allocate 37 1/2% of the fines to or among |
17 | | the law enforcement agency or agencies of the unit or |
18 | | units of local government which conducted the seizure and |
19 | | shall allocate 50% to the county general corporate fund. |
20 | | (c) The proceeds of all fines allocated to the law |
21 | | enforcement agency or agencies of the unit or units of local |
22 | | government pursuant to subsection (b) shall be made available |
23 | | to that law enforcement agency as expendable receipts for use |
24 | | in the enforcement of laws regulating controlled substances |
25 | | and cannabis. The proceeds of fines awarded to the State |
26 | | treasury shall be deposited into in a special fund known as the |
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1 | | Drug Traffic Prevention Fund, except that amounts distributed |
2 | | to the Secretary of State shall be deposited into the |
3 | | Secretary of State Evidence Fund to be used as provided in |
4 | | Section 2-115 of the Illinois Vehicle Code. Monies from this |
5 | | fund may be used by the Illinois State Police for use in the |
6 | | enforcement of laws regulating controlled substances and |
7 | | cannabis; to satisfy funding provisions of the |
8 | | Intergovernmental Drug Laws Enforcement Act; to defray costs |
9 | | and expenses associated with returning violators of this Act, |
10 | | the Illinois Controlled Substances Act, and the |
11 | | Methamphetamine Control and Community Protection Act only, as |
12 | | provided in such Acts, when punishment of the crime shall be |
13 | | confinement of the criminal in the penitentiary; and all other |
14 | | monies shall be paid into the General Revenue Fund general |
15 | | revenue fund in the State treasury. |
16 | | (Source: P.A. 102-538, eff. 8-20-21.)
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17 | | Section 30-180. The Illinois Controlled Substances Act is |
18 | | amended by changing Sections 411.2 and 413 as follows:
|
19 | | (720 ILCS 570/411.2) |
20 | | Sec. 411.2. Drug Treatment Fund; drug treatment grants. |
21 | | (a) (Blank). |
22 | | (b) (Blank). |
23 | | (c) (Blank). |
24 | | (d) (Blank). |
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1 | | (e) (Blank). |
2 | | (f) (Blank). |
3 | | (g) (Blank). |
4 | | (h) The Drug Treatment Fund is hereby established as a |
5 | | special fund within the State Treasury. The Department of |
6 | | Human Services may make grants to persons licensed under |
7 | | Section 15-10 of the Substance Use Disorder Act or to |
8 | | municipalities or counties from funds appropriated to the |
9 | | Department from the Drug Treatment Fund for the treatment of |
10 | | pregnant women who have a substance use disorder and for the |
11 | | needed care of minor, unemancipated children of women |
12 | | undergoing residential drug treatment. If the Department of |
13 | | Human Services grants funds to a municipality or a county that |
14 | | the Department determines is not experiencing a healthcare |
15 | | need of pregnant women with a substance use disorder, or with |
16 | | care for minor, unemancipated children of women undergoing |
17 | | residential drug treatment, or intervention, the funds shall |
18 | | be used for the treatment of any person with a substance use |
19 | | disorder. The Department may adopt such rules as it deems |
20 | | appropriate for the administration of such grants. |
21 | | (i) (Blank). |
22 | | (Source: P.A. 103-881, eff. 1-1-25 .)
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23 | | (720 ILCS 570/413) (from Ch. 56 1/2, par. 1413) |
24 | | Sec. 413. (a) Twelve and one-half percent of all amounts |
25 | | collected as fines pursuant to the provisions of this Article |
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1 | | shall be paid into the Drug Treatment Youth Drug Abuse |
2 | | Prevention Fund, which is hereby created in the State |
3 | | treasury, to be used by the Department for the funding of |
4 | | programs and services for substance use disorder treatment, |
5 | | and prevention and education services, for juveniles. |
6 | | (b) Eighty-seven and one-half percent of the proceeds of |
7 | | all fines received under the provisions of this Article shall |
8 | | be transmitted to and deposited in the treasurer's office at |
9 | | the level of government as follows: |
10 | | (1) If such seizure was made by a combination of law |
11 | | enforcement personnel representing differing units of |
12 | | local government, the court levying the fine shall |
13 | | equitably allocate 50% of the fine among these units of |
14 | | local government and shall allocate 37 1/2% to the county |
15 | | general corporate fund. In the event that the seizure was |
16 | | made by law enforcement personnel representing a unit of |
17 | | local government from a municipality where the number of |
18 | | inhabitants exceeds 2 million in population, the court |
19 | | levying the fine shall allocate 87 1/2% of the fine to that |
20 | | unit of local government. If the seizure was made by a |
21 | | combination of law enforcement personnel representing |
22 | | differing units of local government, and at least one of |
23 | | those units represents a municipality where the number of |
24 | | inhabitants exceeds 2 million in population, the court |
25 | | shall equitably allocate 87 1/2% of the proceeds of the |
26 | | fines received among the differing units of local |
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1 | | government. |
2 | | (2) If such seizure was made by State law enforcement |
3 | | personnel, then the court shall allocate 37 1/2% to the |
4 | | State treasury and 50% to the county general corporate |
5 | | fund. |
6 | | (3) If a State law enforcement agency in combination |
7 | | with a law enforcement agency or agencies of a unit or |
8 | | units of local government conducted the seizure, the court |
9 | | shall equitably allocate 37 1/2% of the fines to or among |
10 | | the law enforcement agency or agencies of the unit or |
11 | | units of local government which conducted the seizure and |
12 | | shall allocate 50% to the county general corporate fund. |
13 | | (c) The proceeds of all fines allocated to the law |
14 | | enforcement agency or agencies of the unit or units of local |
15 | | government pursuant to subsection (b) shall be made available |
16 | | to that law enforcement agency as expendable receipts for use |
17 | | in the enforcement of laws regulating cannabis, |
18 | | methamphetamine, and other controlled substances. The proceeds |
19 | | of fines awarded to the State treasury shall be deposited into |
20 | | in a special fund known as the Drug Traffic Prevention Fund, |
21 | | except that amounts distributed to the Secretary of State |
22 | | shall be deposited into the Secretary of State Evidence Fund |
23 | | to be used as provided in Section 2-115 of the Illinois Vehicle |
24 | | Code. Monies from this fund may be used by the Illinois State |
25 | | Police or use in the enforcement of laws regulating cannabis, |
26 | | methamphetamine, and other controlled substances; to satisfy |
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1 | | funding provisions of the Intergovernmental Drug Laws |
2 | | Enforcement Act; to defray costs and expenses associated with |
3 | | returning violators of the Cannabis Control Act and this Act |
4 | | only, as provided in those Acts, when punishment of the crime |
5 | | shall be confinement of the criminal in the penitentiary; and |
6 | | all other monies shall be paid into the General Revenue Fund |
7 | | general revenue fund in the State treasury. |
8 | | (Source: P.A. 103-881, eff. 1-1-25 .)
|
9 | | Section 30-185. The Methamphetamine Control and Community |
10 | | Protection Act is amended by changing Section 95 as follows:
|
11 | | (720 ILCS 646/95) |
12 | | Sec. 95. Drug Treatment Youth Drug Abuse Prevention Fund. |
13 | | (a) Twelve and one-half percent of all amounts collected |
14 | | as fines pursuant to the provisions of this Article shall be |
15 | | paid into the Drug Treatment Youth Drug Abuse Prevention Fund |
16 | | created by the Controlled Substances Act in the State |
17 | | treasury , to be used by the Department for the funding of |
18 | | programs and services for drug-abuse treatment, and prevention |
19 | | and education services, for juveniles. |
20 | | (b) Eighty-seven and one-half percent of the proceeds of |
21 | | all fines received under the provisions of this Act shall be |
22 | | transmitted to and deposited into the State treasury and |
23 | | distributed as follows: |
24 | | (1) If such seizure was made by a combination of law |
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1 | | enforcement personnel representing differing units of |
2 | | local government, the court levying the fine shall |
3 | | equitably allocate 50% of the fine among these units of |
4 | | local government and shall allocate 37.5% to the county |
5 | | general corporate fund. If the seizure was made by law |
6 | | enforcement personnel representing a unit of local |
7 | | government from a municipality where the number of |
8 | | inhabitants exceeds 2 million in population, the court |
9 | | levying the fine shall allocate 87.5% of the fine to that |
10 | | unit of local government. If the seizure was made by a |
11 | | combination of law enforcement personnel representing |
12 | | differing units of local government and if at least one of |
13 | | those units represents a municipality where the number of |
14 | | inhabitants exceeds 2 million in population, the court |
15 | | shall equitably allocate 87.5% of the proceeds of the |
16 | | fines received among the differing units of local |
17 | | government. |
18 | | (2) If such seizure was made by State law enforcement |
19 | | personnel, then the court shall allocate 37.5% to the |
20 | | State treasury and 50% to the county general corporate |
21 | | fund. |
22 | | (3) If a State law enforcement agency in combination |
23 | | with any law enforcement agency or agencies of a unit or |
24 | | units of local government conducted the seizure, the court |
25 | | shall equitably allocate 37.5% of the fines to or among |
26 | | the law enforcement agency or agencies of the unit or |
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1 | | units of local government that conducted the seizure and |
2 | | shall allocate 50% to the county general corporate fund. |
3 | | (c) The proceeds of all fines allocated to the law |
4 | | enforcement agency or agencies of the unit or units of local |
5 | | government pursuant to subsection (b) shall be made available |
6 | | to that law enforcement agency as expendable receipts for use |
7 | | in the enforcement of laws regulating controlled substances |
8 | | and cannabis. The proceeds of fines awarded to the State |
9 | | treasury shall be deposited into in a special fund known as the |
10 | | Drug Traffic Prevention Fund, except that amounts distributed |
11 | | to the Secretary of State shall be deposited into the |
12 | | Secretary of State Evidence Fund to be used as provided in |
13 | | Section 2-115 of the Illinois Vehicle Code. Moneys from this |
14 | | Fund may be used by the Illinois State Police for use in the |
15 | | enforcement of laws regulating controlled substances and |
16 | | cannabis; to satisfy funding provisions of the |
17 | | Intergovernmental Drug Laws Enforcement Act; to defray costs |
18 | | and expenses associated with returning violators of the |
19 | | Cannabis Control Act and this Act only, as provided in those |
20 | | Acts, when punishment of the crime shall be confinement of the |
21 | | criminal in the penitentiary; and all other moneys shall be |
22 | | paid into the General Revenue Fund in the State treasury. |
23 | | (Source: P.A. 102-538, eff. 8-20-21.)
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24 | | Section 30-190. The Code of Criminal Procedure of 1963 is |
25 | | amended by changing Section 119-1 as follows:
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1 | | (725 ILCS 5/119-1) |
2 | | Sec. 119-1. Death penalty abolished. |
3 | | (a) Beginning on July 1, 2011 ( the effective date of |
4 | | Public Act 96-1543) this amendatory Act of the 96th General |
5 | | Assembly , notwithstanding any other law to the contrary, the |
6 | | death penalty is abolished and a sentence to death may not be |
7 | | imposed. |
8 | | (b) The All unobligated and unexpended moneys remaining in |
9 | | the Capital Litigation Trust Fund on the effective date of |
10 | | this amendatory Act of the 96th General Assembly shall be |
11 | | transferred into the Death Penalty Abolition Fund, a special |
12 | | fund in the State treasury, shall to be expended by the |
13 | | Illinois Criminal Justice Information Authority , for services |
14 | | for families of victims of homicide or murder and for training |
15 | | of law enforcement personnel. |
16 | | (Source: P.A. 96-1543, eff. 7-1-11 .)
|
17 | | Section 30-195. The Narcotics Profit Forfeiture Act is |
18 | | amended by changing Section 5.2 as follows:
|
19 | | (725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2) |
20 | | Sec. 5.2. (a) Twelve and one-half percent of all amounts |
21 | | collected as fines pursuant to the provisions of this Act |
22 | | shall be paid into the Drug Treatment Youth Drug Abuse |
23 | | Prevention Fund, which is hereby created in the State |
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1 | | treasury, to be used by the Department of Human Services for |
2 | | the funding of programs and services for drug-abuse treatment, |
3 | | and prevention and education services, for juveniles. |
4 | | (b) Eighty-seven and one-half percent of the proceeds of |
5 | | all fines received under the provisions of this Act shall be |
6 | | transmitted to and deposited in the treasurer's office at the |
7 | | level of government as follows: |
8 | | (1) If such seizure was made by a combination of law |
9 | | enforcement personnel representing differing units of |
10 | | local government, the court levying the fine shall |
11 | | equitably allocate 50% of the fine among these units of |
12 | | local government and shall allocate 37 1/2% to the county |
13 | | general corporate fund. In the event that the seizure was |
14 | | made by law enforcement personnel representing a unit of |
15 | | local government from a municipality where the number of |
16 | | inhabitants exceeds 2 million in population, the court |
17 | | levying the fine shall allocate 87 1/2% of the fine to that |
18 | | unit of local government. If the seizure was made by a |
19 | | combination of law enforcement personnel representing |
20 | | differing units of local government, and at least one of |
21 | | those units represents a municipality where the number of |
22 | | inhabitants exceeds 2 million in population, the court |
23 | | shall equitably allocate 87 1/2% of the proceeds of the |
24 | | fines received among the differing units of local |
25 | | government. |
26 | | (2) If such seizure was made by State law enforcement |
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1 | | personnel, then the court shall allocate 37 1/2% to the |
2 | | State treasury and 50% to the county general corporate |
3 | | fund. |
4 | | (3) If a State law enforcement agency in combination |
5 | | with a law enforcement agency or agencies of a unit or |
6 | | units of local government conducted the seizure, the court |
7 | | shall equitably allocate 37 1/2% of the fines to or among |
8 | | the law enforcement agency or agencies of the unit or |
9 | | units of local government which conducted the seizure and |
10 | | shall allocate 50% to the county general corporate fund. |
11 | | (c) The proceeds of all fines allocated to the law |
12 | | enforcement agency or agencies of the unit or units of local |
13 | | government pursuant to subsection (b) shall be made available |
14 | | to that law enforcement agency as expendable receipts for use |
15 | | in the enforcement of laws regulating controlled substances |
16 | | and cannabis. The proceeds of fines awarded to the State |
17 | | treasury shall be deposited into in a special fund known as the |
18 | | Drug Traffic Prevention Fund. Monies from this fund may be |
19 | | used by the Illinois State Police for use in the enforcement of |
20 | | laws regulating controlled substances and cannabis; to satisfy |
21 | | funding provisions of the Intergovernmental Drug Laws |
22 | | Enforcement Act; to defray costs and expenses associated with |
23 | | returning violators of the Cannabis Control Act and the |
24 | | Illinois Controlled Substances Act only, as provided in those |
25 | | Acts, when punishment of the crime shall be confinement of the |
26 | | criminal in the penitentiary; and all other monies shall be |
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1 | | paid into the General Revenue Fund general revenue fund in the |
2 | | State treasury. |
3 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
4 | | Section 30-200. The Unified Code of Corrections is amended |
5 | | by changing Sections 5-9-1.2, 5-9-1.7, and 5-9-1.8 as follows:
|
6 | | (730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2) |
7 | | Sec. 5-9-1.2. (a) Twelve and one-half percent of all |
8 | | amounts collected as fines pursuant to Section 5-9-1.1 shall |
9 | | be paid into the Drug Treatment Youth Drug Abuse Prevention |
10 | | Fund, which is hereby created in the State treasury, to be used |
11 | | by the Department of Human Services for the funding of |
12 | | programs and services for drug-abuse treatment, and prevention |
13 | | and education services, for juveniles. |
14 | | (b) Eighty-seven and one-half percent of the proceeds of |
15 | | all fines received pursuant to Section 5-9-1.1 shall be |
16 | | transmitted to and deposited in the treasurer's office at the |
17 | | level of government as follows: |
18 | | (1) If such seizure was made by a combination of law |
19 | | enforcement personnel representing differing units of |
20 | | local government, the court levying the fine shall |
21 | | equitably allocate 50% of the fine among these units of |
22 | | local government and shall allocate 37 1/2% to the county |
23 | | general corporate fund. In the event that the seizure was |
24 | | made by law enforcement personnel representing a unit of |
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1 | | local government from a municipality where the number of |
2 | | inhabitants exceeds 2 million in population, the court |
3 | | levying the fine shall allocate 87 1/2% of the fine to that |
4 | | unit of local government. If the seizure was made by a |
5 | | combination of law enforcement personnel representing |
6 | | differing units of local government, and at least one of |
7 | | those units represents a municipality where the number of |
8 | | inhabitants exceeds 2 million in population, the court |
9 | | shall equitably allocate 87 1/2% of the proceeds of the |
10 | | fines received among the differing units of local |
11 | | government. |
12 | | (2) If such seizure was made by State law enforcement |
13 | | personnel, then the court shall allocate 37 1/2% to the |
14 | | State treasury and 50% to the county general corporate |
15 | | fund. |
16 | | (3) If a State law enforcement agency in combination |
17 | | with a law enforcement agency or agencies of a unit or |
18 | | units of local government conducted the seizure, the court |
19 | | shall equitably allocate 37 1/2% of the fines to or among |
20 | | the law enforcement agency or agencies of the unit or |
21 | | units of local government which conducted the seizure and |
22 | | shall allocate 50% to the county general corporate fund. |
23 | | (c) The proceeds of all fines allocated to the law |
24 | | enforcement agency or agencies of the unit or units of local |
25 | | government pursuant to subsection (b) shall be made available |
26 | | to that law enforcement agency as expendable receipts for use |
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1 | | in the enforcement of laws regulating controlled substances |
2 | | and cannabis. The proceeds of fines awarded to the State |
3 | | treasury shall be deposited into in a special fund known as the |
4 | | Drug Traffic Prevention Fund. Monies from this fund may be |
5 | | used by the Illinois State Police for use in the enforcement of |
6 | | laws regulating controlled substances and cannabis; to satisfy |
7 | | funding provisions of the Intergovernmental Drug Laws |
8 | | Enforcement Act; and to defray costs and expenses associated |
9 | | with returning violators of the Cannabis Control Act, the |
10 | | Illinois Controlled Substances Act, and the Methamphetamine |
11 | | Control and Community Protection Act only, as provided in |
12 | | those Acts, when punishment of the crime shall be confinement |
13 | | of the criminal in the penitentiary. Moneys in the Drug |
14 | | Traffic Prevention Fund deposited from fines awarded as a |
15 | | direct result of enforcement efforts of the Illinois |
16 | | Conservation Police may be used by the Department of Natural |
17 | | Resources Office of Law Enforcement for use in enforcing laws |
18 | | regulating controlled substances and cannabis on Department of |
19 | | Natural Resources regulated lands and waterways. All other |
20 | | monies shall be paid into the General Revenue Fund general |
21 | | revenue fund in the State treasury. |
22 | | (d) There is created in the State treasury the |
23 | | Methamphetamine Law Enforcement Fund. Moneys in the Fund shall |
24 | | be equitably allocated to local law enforcement agencies to: |
25 | | (1) reimburse those agencies for the costs of securing and |
26 | | cleaning up sites and facilities used for the illegal |
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1 | | manufacture of methamphetamine; (2) defray the costs of |
2 | | employing full-time or part-time peace officers from a |
3 | | Metropolitan Enforcement Group or other local drug task force, |
4 | | including overtime costs for those officers; and (3) defray |
5 | | the costs associated with medical or dental expenses incurred |
6 | | by the county resulting from the incarceration of |
7 | | methamphetamine addicts in the county jail or County |
8 | | Department of Corrections. |
9 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
10 | | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7) |
11 | | (Text of Section before amendment by P.A. 103-1071 ) |
12 | | Sec. 5-9-1.7. Sexual assault fines. |
13 | | (a) Definitions. The terms used in this Section shall have |
14 | | the following meanings ascribed to them: |
15 | | (1) "Sexual assault" means the commission or attempted |
16 | | commission of the following: sexual exploitation of a |
17 | | child, criminal sexual assault, predatory criminal sexual |
18 | | assault of a child, aggravated criminal sexual assault, |
19 | | criminal sexual abuse, aggravated criminal sexual abuse, |
20 | | indecent solicitation of a child, public indecency, sexual |
21 | | relations within families, promoting juvenile |
22 | | prostitution, soliciting for a juvenile prostitute, |
23 | | keeping a place of juvenile prostitution, patronizing a |
24 | | juvenile prostitute, juvenile pimping, exploitation of a |
25 | | child, obscenity, child pornography, aggravated child |
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1 | | pornography, harmful material, or ritualized abuse of a |
2 | | child, as those offenses are defined in the Criminal Code |
3 | | of 1961 or the Criminal Code of 2012. |
4 | | (2) (Blank). |
5 | | (3) "Sexual assault organization" means any |
6 | | not-for-profit organization providing comprehensive, |
7 | | community-based services to victims of sexual assault. |
8 | | "Community-based services" include, but are not limited |
9 | | to, direct crisis intervention through a 24-hour response, |
10 | | medical and legal advocacy, counseling, information and |
11 | | referral services, training, and community education. |
12 | | (b) (Blank). |
13 | | (c) Sexual Assault Services Fund; administration. There is |
14 | | created a Sexual Assault Services Fund. Moneys deposited into |
15 | | the Fund under Section 15-20 and 15-40 of the Criminal and |
16 | | Traffic Assessment Act shall be appropriated to the Department |
17 | | of Public Health. Upon appropriation of moneys from the Sexual |
18 | | Assault Services Fund, the Department of Public Health shall |
19 | | make grants of these moneys from the Fund to sexual assault |
20 | | organizations with whom the Department has contracts for the |
21 | | purpose of providing community-based services to victims of |
22 | | sexual assault. Grants made under this Section are in addition |
23 | | to, and are not substitutes for, other grants authorized and |
24 | | made by the Department. |
25 | | (Source: P.A. 100-987, eff. 7-1-19 .)
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1 | | (Text of Section after amendment by P.A. 103-1071 ) |
2 | | Sec. 5-9-1.7. Sexual assault fines. |
3 | | (a) Definitions. The terms used in this Section shall have |
4 | | the following meanings ascribed to them: |
5 | | (1) "Sexual assault" means the commission or attempted |
6 | | commission of the following: sexual exploitation of a |
7 | | child, criminal sexual assault, predatory criminal sexual |
8 | | assault of a child, aggravated criminal sexual assault, |
9 | | criminal sexual abuse, aggravated criminal sexual abuse, |
10 | | indecent solicitation of a child, public indecency, sexual |
11 | | relations within families, promoting commercial sexual |
12 | | exploitation of a child, soliciting for a sexually |
13 | | exploited child, keeping a place of commercial sexual |
14 | | exploitation of a child, patronizing a sexually exploited |
15 | | child, juvenile pimping, exploitation of a child, |
16 | | obscenity, child pornography, aggravated child |
17 | | pornography, harmful material, or ritualized abuse of a |
18 | | child, as those offenses are defined in the Criminal Code |
19 | | of 1961 or the Criminal Code of 2012. |
20 | | (2) (Blank). |
21 | | (3) "Sexual assault organization" means any |
22 | | not-for-profit organization providing comprehensive, |
23 | | community-based services to victims of sexual assault. |
24 | | "Community-based services" include, but are not limited |
25 | | to, direct crisis intervention through a 24-hour response, |
26 | | medical and legal advocacy, counseling, information and |
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1 | | referral services, training, and community education. |
2 | | (b) (Blank). |
3 | | (c) Sexual Assault Services Fund; administration. There is |
4 | | created in the State treasury a special fund known as the a |
5 | | Sexual Assault Services Fund. Moneys deposited into the Fund |
6 | | under Sections Section 15-20 , and 15-40 , and 15-70 of the |
7 | | Criminal and Traffic Assessment Act and Section 6b-4 of the |
8 | | State Finance Act shall be expended as provided in Section |
9 | | 10-5 of the Criminal and Traffic Assessment Act appropriated |
10 | | to the Department of Public Health. Upon appropriation of |
11 | | moneys from the Sexual Assault Services Fund, the Department |
12 | | of Public Health shall make grants of these moneys from the |
13 | | Fund to sexual assault organizations with whom the Department |
14 | | has contracts for the purpose of providing community-based |
15 | | services to victims of sexual assault. Grants made under this |
16 | | Section are in addition to, and are not substitutes for, other |
17 | | grants authorized and made by the Department . |
18 | | (Source: P.A. 103-1071, eff. 7-1-25.)
|
19 | | (730 ILCS 5/5-9-1.8) |
20 | | Sec. 5-9-1.8. Child pornography fines. Beginning July 1, |
21 | | 2025 2006 , 100% of the fines in excess of $10,000 collected for |
22 | | violations of Section 11-20.1 of the Criminal Code of 1961 or |
23 | | the Criminal Code of 2012 shall be deposited into the DCFS |
24 | | Children's Services Child Abuse Prevention Fund. Moneys in the |
25 | | Fund resulting from the fines shall be for the use of the |
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1 | | Department of Children and Family Services for grants to |
2 | | private entities giving treatment and counseling to victims of |
3 | | child sexual abuse. |
4 | | Notwithstanding any other provision of law to the contrary |
5 | | and in addition to any other transfers that may be provided by |
6 | | law, on July 1, 2025, or as soon thereafter as practical, the |
7 | | State Comptroller shall direct and the State Treasurer shall |
8 | | transfer the remaining balance from the Child Abuse Prevention |
9 | | Fund into the DCFS Children's Services Fund. Upon completion |
10 | | of the transfer, the Child Abuse Prevention Fund is dissolved, |
11 | | and any future deposits due to that Fund and any outstanding |
12 | | obligations or liabilities of that Fund pass to the DCFS |
13 | | Children's Services Fund. |
14 | | (Source: P.A. 102-1071, eff. 6-10-22.)
|
15 | | Section 30-205. The Job Opportunities for Qualified |
16 | | Applicants Act is amended by changing Section 20 as follows:
|
17 | | (820 ILCS 75/20) |
18 | | Sec. 20. Administration of Act and rulemaking authority. |
19 | | (a) The Illinois Department of Labor shall investigate any |
20 | | alleged violations of this Act by an employer or employment |
21 | | agency. If the Department finds that a violation has occurred, |
22 | | the Director of Labor may impose the following civil |
23 | | penalties: |
24 | | (1) For the first violation, the Director shall issue |
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1 | | a written warning to the employer or employment agency |
2 | | that includes notice regarding penalties for subsequent |
3 | | violations and the employer shall have 30 days to remedy |
4 | | the violation; |
5 | | (2) For the second violation, or if the first |
6 | | violation is not remedied within 30 days of notice by the |
7 | | Department, the Director may impose a civil penalty of up |
8 | | to $500; |
9 | | (3) For the third violation, or if the first violation |
10 | | is not remedied within 60 days of notice by the |
11 | | Department, the Director may impose an additional civil |
12 | | penalty of up to $1,500; |
13 | | (4) For subsequent violations, or if the first |
14 | | violation is not remedied within 90 days of notice by the |
15 | | Department, the Director may impose an additional civil |
16 | | penalty of up to $1,500 for every 30 days that passes |
17 | | thereafter without compliance. |
18 | | (b) Penalties under this Section may be assessed by the |
19 | | Department and recovered in a civil action brought by the |
20 | | Department in any circuit court or in any administrative |
21 | | adjudicative proceeding under this Act. In any such civil |
22 | | action or administrative adjudicative proceeding under this |
23 | | Act, the Department shall be represented by the Attorney |
24 | | General. |
25 | | (c) All moneys recovered as civil penalties under this |
26 | | Section shall be deposited into the Child Labor and Day and |
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1 | | Temporary Labor Services Enforcement Fund Job Opportunities |
2 | | for Qualified Applicants Enforcement Fund, a special fund |
3 | | which is created in the State treasury. Moneys in the Fund may |
4 | | be used only to enforce employer violations of this Act . |
5 | | (d) The Department may adopt rules necessary to administer |
6 | | this Act and may establish an administrative procedure to |
7 | | adjudicate claims and issue final and binding decisions |
8 | | subject to the Administrative Review Law. |
9 | | (Source: P.A. 98-774, eff. 1-1-15 .)
|
10 | | Section 30-210. The Family Bereavement Leave Act is |
11 | | amended by changing Section 25 as follows:
|
12 | | (820 ILCS 154/25) |
13 | | Sec. 25. Department responsibilities. |
14 | | (a) The Department shall administer and enforce this Act |
15 | | and adopt rules under the Illinois Administrative Procedure |
16 | | Act for the purpose of this Act. The Department shall have the |
17 | | powers and the parties shall have the rights provided in the |
18 | | Illinois Administrative Procedure Act for contested cases. The |
19 | | Department shall have the power to conduct investigations in |
20 | | connection with the administration and enforcement of this |
21 | | Act, including the power to conduct depositions and discovery |
22 | | and to issue subpoenas. If the Department finds cause to |
23 | | believe that this Act has been violated, the Department shall |
24 | | notify the parties in writing and the matter shall be referred |
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1 | | to an Administrative Law Judge to schedule a formal hearing in |
2 | | accordance with hearing procedures established by rule. |
3 | | (b) The Department is authorized to impose civil penalties |
4 | | prescribed in Section 30 in administrative proceedings that |
5 | | comply with the Illinois Administrative Procedure Act and to |
6 | | supervise the payment of the unpaid wages and damages owing to |
7 | | the employee or employees under this Act. The Department may |
8 | | bring any legal action necessary to recover the amount of |
9 | | unpaid wages, damages, and penalties, and the employer shall |
10 | | be required to pay the costs. Any sums recovered by the |
11 | | Department on behalf of an employee under this Act shall be |
12 | | paid to the employee or employees affected. However, 20% of |
13 | | any penalty collected from the employer for a violation of |
14 | | this Act shall be deposited into the Child Labor and Day and |
15 | | Temporary Labor Services Enforcement Fund Bereavement Fund, a |
16 | | special fund created in the State treasury, and used for the |
17 | | enforcement of this Act . |
18 | | (c) The Attorney General may bring an action to enforce |
19 | | the collection of any civil penalty imposed under this Act. |
20 | | (Source: P.A. 99-703, eff. 7-29-16.)
|
21 | | Section 30-215. The Child Labor Law of 2024 is amended by |
22 | | changing Section 75 as follows:
|
23 | | (820 ILCS 206/75) |
24 | | Sec. 75. Civil penalties. |
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1 | | (a) Any person employing, allowing, or permitting a minor |
2 | | to work who violates any of the provisions of this Act or any |
3 | | rule adopted under the Act shall be subject to civil penalties |
4 | | as follows: |
5 | | (1) if a minor dies while working for an employer who |
6 | | is found by the Department to have been employing, |
7 | | allowing, or permitting the minor to work in violation of |
8 | | this Act, the employer is subject to a penalty not to |
9 | | exceed $60,000, payable to the Department; |
10 | | (2) if a minor receives an illness or an injury that is |
11 | | required to be reported to the Department under Section 35 |
12 | | while working for an employer who is found by the |
13 | | Department to have been employing, allowing, or permitting |
14 | | the minor to work in violation of this Act, the employer is |
15 | | subject to a penalty not to exceed $30,000, payable to the |
16 | | Department; |
17 | | (3) an employer who employs, allows, or permits a |
18 | | minor to work in violation of Section 40 shall be subject |
19 | | to a penalty not to exceed $15,000, payable to the |
20 | | Department; |
21 | | (4) an employer who fails to post or provide the |
22 | | required notice under subsection (g) of Section 35 shall |
23 | | be subject to a penalty not to exceed $500, payable to the |
24 | | Department; and |
25 | | (5) an employer who commits any other violation of |
26 | | this Act shall be subject to a penalty not to exceed |
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1 | | $10,000, payable to the Department. |
2 | | In determining the amount of the penalty, the |
3 | | appropriateness of the penalty to the size of the business of |
4 | | the employer charged and the gravity of the violation shall be |
5 | | considered. |
6 | | Each day during which any violation of this Act continues |
7 | | shall constitute a separate and distinct offense, and the |
8 | | employment of any minor in violation of the Act shall, with |
9 | | respect to each minor so employed, constitute a separate and |
10 | | distinct offense. |
11 | | (b) Any administrative determination by the Department of |
12 | | the amount of each penalty shall be final unless reviewed as |
13 | | provided in Section 70. |
14 | | (c) The amount of the penalty, when finally determined, |
15 | | may be recovered in a civil action brought by the Director in |
16 | | any circuit court, in which litigation the Director shall be |
17 | | represented by the Attorney General. In an action brought by |
18 | | the Department, the Department may request, and the Court may |
19 | | impose on a defendant employer, an additional civil penalty of |
20 | | up to an amount equal to the penalties assessed by the |
21 | | Department to be distributed to an impacted minor. In an |
22 | | action concerning multiple minors, any such penalty imposed by |
23 | | the Court shall be distributed equally among the minors |
24 | | employed in violation of this Act by the defendant employer. |
25 | | (d) Penalties recovered under this Section shall be paid |
26 | | by certified check, money order, or by an electronic payment |
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1 | | system designated by the Department, and deposited into the |
2 | | Child Labor and Day and Temporary Labor Services Enforcement |
3 | | Fund, a special fund in the State treasury. Moneys in the Fund |
4 | | shall be used, subject to appropriation, for exemplary |
5 | | programs, demonstration projects, and other activities or |
6 | | purposes related to the enforcement of this Act , or for the |
7 | | activities or purposes related to the enforcement of the Day |
8 | | and Temporary Labor Services Act, or for the activities or |
9 | | purposes related to the enforcement of the Private Employment |
10 | | Agency Act , for the activities or purposes related to the |
11 | | enforcement of the Job Opportunities for Qualified Applicants |
12 | | Act, and for the activities or purposes related to the |
13 | | enforcement of the Family Bereavement Leave Act . |
14 | | (Source: P.A. 103-721, eff. 1-1-25 .)
|
15 | | ARTICLE 35.
|
16 | | Section 35-5. The Energy Transition Act is amended by |
17 | | changing Section 5-55 as follows:
|
18 | | (20 ILCS 730/5-55) |
19 | | (Section scheduled to be repealed on September 15, 2045) |
20 | | Sec. 5-55. Clean Energy Primes Contractor Accelerator |
21 | | Program. |
22 | | (a) As used in this Section: |
23 | | "Approved vendor" means the definition of that term used |
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1 | | and as may be updated by the Illinois Power Agency. |
2 | | "Minority business" means a minority-owned business as |
3 | | defined in Section 2 of the Business Enterprise for |
4 | | Minorities, Women, and Persons with Disabilities Act. |
5 | | "Minority Business Enterprise certification" means the |
6 | | certification or recognition certification affidavit from the |
7 | | Commission on Equity and Inclusion's Business Enterprise |
8 | | Program or a program with equivalent requirements. |
9 | | "Program" means the Clean Energy Primes Contractor |
10 | | Accelerator Program. |
11 | | "Returning resident" has the meaning given to that term in |
12 | | Section 5-50 of this Act. |
13 | | (b) Subject to appropriation, the Department shall |
14 | | develop, and through a Primes Program Administrator and |
15 | | Regional Primes Program Leads described in this Section, |
16 | | administer the Clean Energy Primes Contractor Accelerator |
17 | | Program. The Program shall be administered in 3 program |
18 | | delivery areas: the Northern Illinois Program Delivery Area |
19 | | covering Northern Illinois, the Central Illinois Program |
20 | | Delivery Area covering Central Illinois, and the Southern |
21 | | Illinois Program Delivery Area covering Southern Illinois. |
22 | | Prior to developing the Program, the Department shall solicit |
23 | | public comments, with a 30-day comment period, to gather input |
24 | | on Program implementation and associated community outreach |
25 | | options. |
26 | | (c) The Program shall be available to selected contractors |
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1 | | who best meet the following criteria: |
2 | | (1) 2 or more years of experience in a clean energy or |
3 | | a related contracting field; |
4 | | (2) at least $5,000 in annual business; and |
5 | | (3) a substantial and demonstrated commitment of |
6 | | investing in and partnering with individuals and |
7 | | institutions in equity investment eligible communities. |
8 | | (c-5) The Department shall develop scoring criteria to |
9 | | select contractors for the Program, which shall consider: |
10 | | (1) projected hiring and industry job creation, |
11 | | including wage and benefit expectations; |
12 | | (2) a clear vision of strategic business growth and |
13 | | how increased capitalization would benefit the business; |
14 | | (3) past project work quality and demonstration of |
15 | | technical knowledge; |
16 | | (4) capacity the applicant is anticipated to bring to |
17 | | project development; |
18 | | (5) willingness to assume risk; |
19 | | (6) anticipated revenues from future projects; |
20 | | (7) history of commitment to advancing equity as |
21 | | demonstrated by, among other things, employment of or |
22 | | ownership by equity investment eligible persons and a |
23 | | history of partnership with equity focused community |
24 | | organizations or government programs; and |
25 | | (8) business models that build wealth in the larger |
26 | | underserved community. |
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1 | | Applicants for Program participation shall be allowed to |
2 | | reapply for a future cohort if they are not selected, and the |
3 | | Primes Program Administrator shall inform each applicant of |
4 | | this option. |
5 | | (d) The Department, in consultation with the Primes |
6 | | Program Administrator and Regional Primes Program Leads, shall |
7 | | select a new cohort of participant contractors from each |
8 | | Program Delivery Area every 18 months. Each regional cohort |
9 | | shall include between 3 and 5 participants. The Program shall |
10 | | cap contractors in the energy efficiency sector at 50% of |
11 | | available cohort spots and 50% of available grants and loans, |
12 | | if possible. |
13 | | (e) The Department shall hire a Primes Program |
14 | | Administrator with relevant experience , including experience |
15 | | in leading a large contractor-based business in Illinois; |
16 | | experience coaching and mentoring; experience working in the |
17 | | Illinois clean energy industry; or experience and working with |
18 | | equity investment eligible community members, organizations, |
19 | | and businesses. |
20 | | (f) The Department shall select 3 Regional Primes Program |
21 | | Leads who shall report directly to the Primes Program |
22 | | Administrator. The Regional Primes Program Leads shall be |
23 | | located within their Program Delivery Area and have experience |
24 | | in leading a large contractor-based business in Illinois; |
25 | | coaching and mentoring; the Illinois clean energy industry; |
26 | | developing relationships with companies in the Program |
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1 | | Delivery Area; and working with equity investment eligible |
2 | | community members, organizations, and businesses. |
3 | | (g) The Department may determine how Program elements will |
4 | | be delivered or may contract with organizations with |
5 | | experience delivering the Program elements described in |
6 | | subsection (h) of this Section. |
7 | | (h) The Clean Energy Primes Contractor Accelerator Program |
8 | | shall provide participants with: |
9 | | (1) a 5-year, 6-month progressive course of one-on-one |
10 | | coaching to assist each participant in developing an |
11 | | achievable 5-year business plan, including review of |
12 | | monthly metrics, and advice on achieving participant's |
13 | | goals; |
14 | | (2) operational support grants not to exceed |
15 | | $1,000,000 annually to support the growth of participant |
16 | | contractors with access to capital for upfront project |
17 | | costs and pre-development funding, among others. The |
18 | | amount of the grant shall be based on anticipated project |
19 | | size and scope; |
20 | | (3) business coaching based on the participant's |
21 | | needs; |
22 | | (4) a mentorship of approximately 2 years provided by |
23 | | a qualified company in the participant's field; |
24 | | (5) access to Clean Energy Contractor Incubator |
25 | | Program services; |
26 | | (6) assistance with applying for Minority Business |
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1 | | Enterprise certification and other relevant certifications |
2 | | and approved vendor status for programs offered by |
3 | | utilities or other entities; |
4 | | (7) assistance with preparing bids and Request for |
5 | | Proposal applications; |
6 | | (8) opportunities to be listed in any relevant |
7 | | directories and databases organized by the Commission on |
8 | | Equity and Inclusion; |
9 | | (9) opportunities to connect with participants in |
10 | | other Department programs; |
11 | | (10) assistance connecting with and initiating |
12 | | participation in the Illinois Power Agency's Adjustable |
13 | | Block program, the Illinois Solar for All Program, and |
14 | | utility programs; and |
15 | | (11) financial development assistance programs such as |
16 | | zero-interest or and low-interest loans with the Climate |
17 | | Bank as established by Article 850 of the Illinois Finance |
18 | | Authority Act or a comparable financing mechanism. The |
19 | | Illinois Finance Authority shall retain authority to |
20 | | determine loan repayment terms and conditions. |
21 | | (i) The Primes Program Administrator shall: |
22 | | (1) collect and report performance metrics as |
23 | | described in this Section; |
24 | | (2) review and assess: |
25 | | (i) participant work plans and annual goals; and |
26 | | (ii) the mentorship program, including approved |
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1 | | mentor companies and their stipend awards; and |
2 | | (3) work with the Regional Primes Program Leads to |
3 | | publicize the Program; design and implement a mentorship |
4 | | program; and ensure participants are quickly on-boarded. |
5 | | (j) The Regional Primes Program Leads shall: |
6 | | (1) publicize the Program; the budget shall include |
7 | | funds to pay community-based organizations with a track |
8 | | record of working with equity investment eligible |
9 | | communities to complete this work; |
10 | | (2) recruit qualified Program applicants; |
11 | | (3) assist Program applicants with the application |
12 | | process; |
13 | | (4) introduce participants to the Program offerings; |
14 | | (5) conduct entry and annual assessments with |
15 | | participants to identify training, coaching, and other |
16 | | Program service needs; |
17 | | (6) assist participants in developing goals on entry |
18 | | and annually, and assessing progress toward meeting the |
19 | | goals; |
20 | | (7) establish a metric reporting system with each |
21 | | participant and track the metrics for progress against the |
22 | | contractor's work plan and Program goals; |
23 | | (8) assist participants in receiving their Minority |
24 | | Business Enterprise certification and any other relevant |
25 | | certifications and approved vendor statuses; |
26 | | (9) match participants with Clean Energy Contractor |
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1 | | Incubator Program offerings and individualized expert |
2 | | coaching, including training on working with returning |
3 | | residents and companies that employ them; |
4 | | (10) pair participants with a mentor company; |
5 | | (11) facilitate connections between participants and |
6 | | potential subcontractors and employees; |
7 | | (12) dispense a participant's awarded operational |
8 | | grant funding; |
9 | | (13) connect participants to zero-interest or and |
10 | | low-interest loans from the Climate Bank as established by |
11 | | Article 850 of the Illinois Finance Authority Act or a |
12 | | comparable financing mechanism; |
13 | | (14) encourage participants to apply for appropriate |
14 | | State and private business opportunities; |
15 | | (15) review a participant's progress and make a |
16 | | recommendation to the Department about whether the |
17 | | participant should continue in the Program, be considered |
18 | | a Program graduate, and whether adjustments should be made |
19 | | to a participant's grant funding, loans, and related |
20 | | services; |
21 | | (16) solicit information from participants, which |
22 | | participants shall be required to provide, necessary to |
23 | | understand the participant's business, including financial |
24 | | and income information, certifications that the |
25 | | participant is seeking to obtain, and ownership, employee, |
26 | | and subcontractor data, including compensation, length of |
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1 | | service, and demographics; and |
2 | | (17) other duties as required. |
3 | | (k) Performance metrics. The Primes Program Administrator |
4 | | and Regional Primes Program Leads shall collaborate to collect |
5 | | and report the following metrics quarterly to the Department |
6 | | and Advisory Council: |
7 | | (1) demographic information on cohort recruiting and |
8 | | formation, including racial, gender, geographic |
9 | | distribution data, and data on the number and percentage |
10 | | of R3 residents, environmental justice community |
11 | | residents, foster care alumni, and formerly convicted |
12 | | persons who are cohort applicants and admitted |
13 | | participants; |
14 | | (2) participant contractor engagement in other |
15 | | Illinois clean energy programs such as the Adjustable |
16 | | Block program, Illinois Solar for All Program, and the |
17 | | utility-run energy efficiency and electric vehicle |
18 | | programs; |
19 | | (3) retention of participants in each cohort; |
20 | | (4) total projects bid, started, and completed by |
21 | | participants, including information about revenue, hiring, |
22 | | and subcontractor relationships with projects; |
23 | | (5) certifications issued; |
24 | | (6) employment data for contractor hires and industry |
25 | | jobs created, including demographic, salary, length of |
26 | | service, and geographic data; |
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1 | | (7) grants and loans distributed; and |
2 | | (8) participant satisfaction with the Program. |
3 | | The metrics in paragraphs (2), (4), and (6) shall be |
4 | | collected from Program participants and graduates for 10 years |
5 | | from their entrance into the Program to help the Department |
6 | | and Program Administrators understand the Program's long-term |
7 | | effect. |
8 | | Data should be anonymized where needed to protect |
9 | | participant privacy. |
10 | | The Department shall make such reports publicly available |
11 | | on its website. |
12 | | (l) Mentorship Program. |
13 | | (1) The Regional Primes Program Leads shall recruit, |
14 | | and the Primes Program Administrator shall select, with |
15 | | approval from the Department, private companies with the |
16 | | following qualifications to mentor participants and assist |
17 | | them in succeeding in the clean energy industry: |
18 | | (i) excellent standing with state clean energy |
19 | | programs; |
20 | | (ii) 4 or more years of experience in their field; |
21 | | and |
22 | | (iii) a proven track record of success in their |
23 | | field. |
24 | | (2) Mentor companies may receive a stipend, determined |
25 | | by the Department, for their participation. Mentor |
26 | | companies may identify what level of stipend they require. |
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1 | | (3) The Primes Program Administrator shall develop |
2 | | guidelines for mentor company-mentee profit sharing or |
3 | | purchased services agreements. |
4 | | (4) The Regional Primes Program Leads shall: |
5 | | (i) collaborate with mentor companies and |
6 | | participants to create a plan for ongoing contact such |
7 | | as on-the-job training, site walkthroughs, business |
8 | | process and structure walkthroughs, quality assurance |
9 | | and quality control reviews, and other relevant |
10 | | activities; |
11 | | (ii) recommend the mentor company-mentee pairings |
12 | | and associated mentor company stipends for approval; |
13 | | (iii) conduct an annual review of each mentor |
14 | | company-mentee pairing and recommend whether the |
15 | | pairing continues for a second year and the level of |
16 | | stipend that is appropriate. The review shall also |
17 | | ensure that any profit sharing and purchased services |
18 | | agreements adhere to the guidelines established by the |
19 | | Primes Program Administrator. |
20 | | (5) Contractors may request reassignment to a new |
21 | | mentor company. |
22 | | (m) Disparity study. The Program Administrator shall |
23 | | cooperate with the Illinois Power Agency in the conduct of a |
24 | | disparity study, as described in subsection (c-15) of Section |
25 | | 1-75 of the Illinois Power Agency Act, and in the effectuation |
26 | | of appropriate remedies necessary to address any |
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1 | | discrimination that such study may find. Potential remedies |
2 | | shall include, but not be limited to, race-conscious remedies |
3 | | to rapidly eliminate discrimination faced by minority |
4 | | businesses and works in the industry this Program serves, |
5 | | consistent with the law. Remedies shall be developed through |
6 | | consultation with individuals, companies, and organizations |
7 | | that have expertise on discrimination faced in the market and |
8 | | potential legally permissible remedies for addressing it. |
9 | | Notwithstanding any other requirement of this Section, the |
10 | | Program Administrator shall modify program participation |
11 | | criteria or goals as soon as the report has been published, in |
12 | | such a way as is consistent with state and federal law, to |
13 | | rapidly eliminate discrimination on minority businesses and |
14 | | workers in the industry this Program serves by setting |
15 | | standards for Program participation. This study will be paid |
16 | | for with funds from the Energy Transition Assistance Fund or |
17 | | any other lawful source. |
18 | | (n) Program budget. |
19 | | (1) The Department may allocate up to $3,000,000 |
20 | | annually to the Primes Program Administrator for each of |
21 | | the 3 regional budgets from the Energy Transition |
22 | | Assistance Fund. |
23 | | (2) The Department Primes Program Administrator shall |
24 | | work with the Illinois Finance Authority and the Climate |
25 | | Bank as established by Article 850 of the Illinois Finance |
26 | | Authority Act or comparable financing institution so that |
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1 | | loan loss reserves or other financial assistance may be |
2 | | sufficient to underwrite up to $7,000,000 in zero-interest |
3 | | or low-interest loans in each of the 3 Program delivery |
4 | | areas. The Department may grant funding to the Illinois |
5 | | Finance Authority from moneys in the Energy Transition |
6 | | Assistance Fund for the financial assistance described in |
7 | | this Section. |
8 | | (3) Any grant and loan funding shall be made available |
9 | | to participants in a timely fashion. |
10 | | (Source: P.A. 102-662, eff. 9-15-21; 103-961, eff. 8-9-24.)
|
11 | | Section 35-10. The State Finance Act is amended by |
12 | | changing Section 5g as follows:
|
13 | | (30 ILCS 105/5g) (from Ch. 127, par. 141g) |
14 | | Sec. 5g. (a) After July 1, 1991, the General Assembly |
15 | | shall direct the transfer from the General Revenue Fund to the |
16 | | Road Fund of the sum of $36,000,000, or so much thereof as may |
17 | | be necessary, so that after such transfer the total |
18 | | expenditures for the fiscal year beginning July 1, 1990 for |
19 | | the Division of State Troopers from the Road Fund do not exceed |
20 | | the amount appropriated in fiscal year 1990 for the Division |
21 | | of State Troopers. Such transfers shall be completed no later |
22 | | than June 30, 1992. |
23 | | (b) If the General Assembly has not completed the |
24 | | transfers required under subsection (a) of this Section on or |
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1 | | before June 30, 1992, and if the General Revenue Fund balance |
2 | | is $250 million or greater on June 30, 1992 or June 30th of any |
3 | | year thereafter, on July 1 of the fiscal year immediately |
4 | | following the fiscal year which has a June 30th balance of $250 |
5 | | million or greater, the Comptroller shall order the transfer |
6 | | and the Treasurer shall transfer from the General Revenue Fund |
7 | | to the Road Fund one-twelfth of the amount remaining to be |
8 | | transferred on July 15, 1992, with such transfers continuing |
9 | | on the first of each month thereafter until the total |
10 | | transfers required to be made by this Section have been |
11 | | completed. |
12 | | (c) In addition to any other transfers that may be |
13 | | provided for by law, on July 1, 2025, or as soon thereafter as |
14 | | practical, the State Comptroller shall direct and the State |
15 | | Treasurer shall transfer the sum of $8,000,000 from the Road |
16 | | Fund to the Illinois State Police Federal Projects Fund to be |
17 | | used for purposes consistent with Section 11 of Article IX of |
18 | | the Illinois Constitution. |
19 | | (Source: P.A. 86-1159; 87-860.)
|
20 | | ARTICLE 40.
|
21 | | Section 40-5. The School Code is amended by changing |
22 | | Sections 14-7.02 and 18-8.15 as follows:
|
23 | | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02) |
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1 | | Sec. 14-7.02. Children attending private special education |
2 | | schools, separate public special education day schools, public |
3 | | out-of-state schools, public school residential facilities, or |
4 | | private special education facilities. |
5 | | (a) The General Assembly recognizes that non-public |
6 | | schools or special education facilities provide an important |
7 | | service in the educational system in Illinois. |
8 | | (b) If a student's individualized education program (IEP) |
9 | | team determines that because of his or her disability the |
10 | | special education program of a district is unable to meet the |
11 | | needs of the child and the child attends a non-public school or |
12 | | special education facility, a public out-of-state school or a |
13 | | special education facility owned and operated by a county |
14 | | government unit that provides special educational services |
15 | | required by the child and is in compliance with the |
16 | | appropriate rules and regulations of the State Superintendent |
17 | | of Education, the school district in which the child is a |
18 | | resident shall pay the actual cost of tuition for special |
19 | | education and related services provided during the regular |
20 | | school term and during the summer school term if the child's |
21 | | educational needs so require, excluding room, board and |
22 | | transportation costs charged the child by that non-public |
23 | | school or special education facility, public out-of-state |
24 | | school or county special education facility, or $4,500 per |
25 | | year, whichever is less, and shall provide him any necessary |
26 | | transportation. "Nonpublic special education facility" shall |
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1 | | include a residential facility, within or without the State of |
2 | | Illinois, which provides special education and related |
3 | | services to meet the needs of the child by utilizing private |
4 | | schools or public schools, whether located on the site or off |
5 | | the site of the residential facility. Resident district |
6 | | financial responsibility and reimbursement applies for both |
7 | | nonpublic special education facilities that are approved by |
8 | | the State Board of Education pursuant to 23 Ill. Adm. Code 401 |
9 | | or other applicable laws or rules and for emergency |
10 | | residential placements in nonpublic special education |
11 | | facilities that are not approved by the State Board of |
12 | | Education pursuant to 23 Ill. Adm. Code 401 or other |
13 | | applicable laws or rules, subject to the requirements of this |
14 | | Section. |
15 | | (c) Prior to the placement of a child in an out-of-state |
16 | | special education residential facility, the school district |
17 | | must refer to the child or the child's parent or guardian the |
18 | | option to place the child in a special education residential |
19 | | facility located within this State, if any, that provides |
20 | | treatment and services comparable to those provided by the |
21 | | out-of-state special education residential facility. The |
22 | | school district must review annually the placement of a child |
23 | | in an out-of-state special education residential facility. As |
24 | | a part of the review, the school district must refer to the |
25 | | child or the child's parent or guardian the option to place the |
26 | | child in a comparable special education residential facility |
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1 | | located within this State, if any. |
2 | | (c-5) Before a provider that operates a nonpublic special |
3 | | education facility terminates a student's placement in that |
4 | | facility, the provider must request an IEP meeting from the |
5 | | contracting school district. If the provider elects to |
6 | | terminate the student's placement following the IEP meeting, |
7 | | the provider must give written notice to this effect to the |
8 | | parent or guardian, the contracting public school district, |
9 | | and the State Board of Education no later than 20 business days |
10 | | before the date of termination, unless the health and safety |
11 | | of any student are endangered. The notice must include the |
12 | | detailed reasons for the termination and any actions taken to |
13 | | address the reason for the termination. |
14 | | (d) Payments shall be made by the resident school district |
15 | | to the entity providing the educational services, whether the |
16 | | entity is the nonpublic special education facility or the |
17 | | school district wherein the facility is located, no less than |
18 | | once per quarter, unless otherwise agreed to in writing by the |
19 | | parties. |
20 | | (e) A school district may residentially place a student in |
21 | | a nonpublic special education facility providing educational |
22 | | services, but not approved by the State Board of Education |
23 | | pursuant to 23 Ill. Adm. Code 401 or other applicable laws or |
24 | | rules, provided that the State Board of Education provides an |
25 | | emergency and student-specific approval for residential |
26 | | placement. The State Board of Education shall promptly, within |
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1 | | 10 days after the request, approve a request for emergency and |
2 | | student-specific approval for residential placement if the |
3 | | following have been demonstrated to the State Board of |
4 | | Education: |
5 | | (1) the facility demonstrates appropriate licensure of |
6 | | teachers for the student population; |
7 | | (2) the facility demonstrates age-appropriate |
8 | | curriculum; |
9 | | (3) the facility provides enrollment and attendance |
10 | | data; |
11 | | (4) the facility demonstrates the ability to implement |
12 | | the child's IEP; and |
13 | | (5) the school district demonstrates that it made good |
14 | | faith efforts to residentially place the student in an |
15 | | approved facility, but no approved facility has accepted |
16 | | the student or has availability for immediate residential |
17 | | placement of the student. |
18 | | A resident school district may also submit such proof to the |
19 | | State Board of Education as may be required for its student. |
20 | | The State Board of Education may not unreasonably withhold |
21 | | approval once satisfactory proof is provided to the State |
22 | | Board. |
23 | | (f) If an impartial due process hearing officer who is |
24 | | contracted by the State Board of Education pursuant to this |
25 | | Article orders placement of a student with a disability in a |
26 | | residential facility that is not approved by the State Board |
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1 | | of Education, then, for purposes of this Section, the facility |
2 | | shall be deemed approved for placement and school district |
3 | | payments and State reimbursements shall be made accordingly. |
4 | | (g) Emergency residential placement in a facility approved |
5 | | pursuant to subsection (e) or (f) may continue to be utilized |
6 | | so long as (i) the student's IEP team determines annually that |
7 | | such placement continues to be appropriate to meet the |
8 | | student's needs and (ii) at least every 3 years following the |
9 | | student's residential placement, the IEP team reviews |
10 | | appropriate placements approved by the State Board of |
11 | | Education pursuant to 23 Ill. Adm. Code 401 or other |
12 | | applicable laws or rules to determine whether there are any |
13 | | approved placements that can meet the student's needs, have |
14 | | accepted the student, and have availability for placement of |
15 | | the student. |
16 | | (h) The State Board of Education shall promulgate rules |
17 | | and regulations for determining when placement in a private |
18 | | special education facility is appropriate. Such rules and |
19 | | regulations shall take into account the various types of |
20 | | services needed by a child and the availability of such |
21 | | services to the particular child in the public school. In |
22 | | developing these rules and regulations the State Board of |
23 | | Education shall consult with the Advisory Council on Education |
24 | | of Children with Disabilities and hold public hearings to |
25 | | secure recommendations from parents, school personnel, and |
26 | | others concerned about this matter. |
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1 | | The State Board of Education shall also promulgate rules |
2 | | and regulations for transportation to and from a residential |
3 | | school. Transportation to and from home to a residential |
4 | | school more than once each school term shall be subject to |
5 | | prior approval by the State Superintendent in accordance with |
6 | | the rules and regulations of the State Board. |
7 | | (i) A school district making tuition payments pursuant to |
8 | | this Section is eligible for reimbursement from the State for |
9 | | the amount of such payments actually made in excess of the |
10 | | district per capita tuition charge for students not receiving |
11 | | special education services. Such reimbursement shall be |
12 | | approved in accordance with Section 14-12.01 and each district |
13 | | shall file its claims, computed in accordance with rules |
14 | | prescribed by the State Board of Education, on forms |
15 | | prescribed by the State Superintendent of Education. Data used |
16 | | as a basis of reimbursement claims shall be for the preceding |
17 | | regular school term and summer school term. Each school |
18 | | district shall transmit its claims to the State Board of |
19 | | Education on or before August 15. However, for claims payable |
20 | | in Fiscal Year 2026, each school district shall transmit its |
21 | | claims to the State Board of Education on or before September |
22 | | 15. The State Board of Education, before approving any such |
23 | | claims, shall determine their accuracy and whether they are |
24 | | based upon services and facilities provided under approved |
25 | | programs. Upon approval the State Board shall cause vouchers |
26 | | to be prepared showing the amount due for payment of |
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1 | | reimbursement claims to school districts, for transmittal to |
2 | | the State Comptroller on the 30th day of September, December, |
3 | | and March, respectively, and the final voucher, no later than |
4 | | June 20. However, for vouchers payable in Fiscal Year 2026, |
5 | | upon approval the State Board of Education shall cause |
6 | | vouchers to be prepared showing the amount due for payment of |
7 | | reimbursement claims to school districts, for transmittal to |
8 | | the State Comptroller on the 30th day of November, December, |
9 | | and March, respectively, and the final voucher, no later than |
10 | | June 20. If the money appropriated by the General Assembly for |
11 | | such purpose for any year is insufficient, it shall be |
12 | | apportioned on the basis of the claims approved. |
13 | | (j) No child shall be placed in a special education |
14 | | program pursuant to this Section if the tuition cost for |
15 | | special education and related services increases more than 10 |
16 | | percent over the tuition cost for the previous school year or |
17 | | exceeds $4,500 per year unless such costs have been approved |
18 | | by the Illinois Purchased Care Review Board. The Illinois |
19 | | Purchased Care Review Board shall consist of the following |
20 | | persons, or their designees: the Directors of Children and |
21 | | Family Services, Public Health, Public Aid, and the Governor's |
22 | | Office of Management and Budget; the Secretary of Human |
23 | | Services; the State Superintendent of Education; and such |
24 | | other persons as the Governor may designate. The Review Board |
25 | | shall also consist of one non-voting member who is an |
26 | | administrator of a private, nonpublic, special education |
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1 | | school, one non-voting member who is an administrator of a |
2 | | separate public special education day school, and one |
3 | | non-voting member from a State agency that administers and |
4 | | provides early childhood education and care programs and |
5 | | services to children and families. The Review Board shall |
6 | | establish rules and regulations for its determination of |
7 | | allowable costs and payments made by local school districts |
8 | | for special education, room and board, and other related |
9 | | services provided by non-public schools, separate public |
10 | | special education day schools, or special education facilities |
11 | | and shall establish uniform standards and criteria which it |
12 | | shall follow. The Review Board shall approve the usual and |
13 | | customary rate or rates of a special education program that |
14 | | (i) is offered by an out-of-state, non-public provider of |
15 | | integrated autism specific educational and autism specific |
16 | | residential services, (ii) offers 2 or more levels of |
17 | | residential care, including at least one locked facility, and |
18 | | (iii) serves 12 or fewer Illinois students. |
19 | | (k) In determining rates based on allowable costs, the |
20 | | Review Board shall consider any wage increases awarded by the |
21 | | General Assembly to front line personnel defined as direct |
22 | | support persons, aides, front-line supervisors, qualified |
23 | | intellectual disabilities professionals, nurses, and |
24 | | non-administrative support staff working in service settings |
25 | | in community-based settings within the State and adjust |
26 | | customary rates or rates of a special education program to be |
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1 | | equitable to the wage increase awarded to similar staff |
2 | | positions in a community residential setting. Any wage |
3 | | increase awarded by the General Assembly to front line |
4 | | personnel defined as direct support persons, aides, front-line |
5 | | supervisors, qualified intellectual disabilities |
6 | | professionals, nurses, and non-administrative support staff |
7 | | working in community-based settings within the State, |
8 | | including the $0.75 per hour increase contained in Public Act |
9 | | 100-23 and the $0.50 per hour increase included in Public Act |
10 | | 100-23, shall also be a basis for any facility covered by this |
11 | | Section to appeal its rate before the Review Board under the |
12 | | process defined in Title 89, Part 900, Section 340 of the |
13 | | Illinois Administrative Code. Illinois Administrative Code |
14 | | Title 89, Part 900, Section 342 shall be updated to recognize |
15 | | wage increases awarded to community-based settings to be a |
16 | | basis for appeal. However, any wage increase that is captured |
17 | | upon appeal from a previous year shall not be counted by the |
18 | | Review Board as revenue for the purpose of calculating a |
19 | | facility's future rate. |
20 | | (l) Any definition used by the Review Board in |
21 | | administrative rule or policy to define "related |
22 | | organizations" shall include any and all exceptions contained |
23 | | in federal law or regulation as it pertains to the federal |
24 | | definition of "related organizations". |
25 | | (m) The Review Board shall establish uniform definitions |
26 | | and criteria for accounting separately by special education, |
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1 | | room and board and other related services costs. The Board |
2 | | shall also establish guidelines for the coordination of |
3 | | services and financial assistance provided by all State |
4 | | agencies to assure that no otherwise qualified child with a |
5 | | disability receiving services under Article 14 shall be |
6 | | excluded from participation in, be denied the benefits of or |
7 | | be subjected to discrimination under any program or activity |
8 | | provided by any State agency. |
9 | | (n) The Review Board shall review the costs for special |
10 | | education and related services provided by non-public schools, |
11 | | separate public special education day schools, or special |
12 | | education facilities and shall approve or disapprove such |
13 | | facilities in accordance with the rules and regulations |
14 | | established by it with respect to allowable costs. |
15 | | (o) The State Board of Education shall provide |
16 | | administrative and staff support for the Review Board as |
17 | | deemed reasonable by the State Superintendent of Education. |
18 | | This support shall not include travel expenses or other |
19 | | compensation for any Review Board member other than the State |
20 | | Superintendent of Education. |
21 | | (p) The Review Board shall seek the advice of the Advisory |
22 | | Council on Education of Children with Disabilities on the |
23 | | rules and regulations to be promulgated by it relative to |
24 | | providing special education services. |
25 | | (q) If a child has been placed in a program in which the |
26 | | actual per pupil costs of tuition for special education and |
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1 | | related services based on program enrollment, excluding room, |
2 | | board and transportation costs, exceed $4,500 and such costs |
3 | | have been approved by the Review Board, the district shall pay |
4 | | such total costs which exceed $4,500. A district making such |
5 | | tuition payments in excess of $4,500 pursuant to this Section |
6 | | shall be responsible for an amount in excess of $4,500 equal to |
7 | | the district per capita tuition charge and shall be eligible |
8 | | for reimbursement from the State for the amount of such |
9 | | payments actually made in excess of the district's per capita |
10 | | tuition charge for students not receiving special education |
11 | | services. If a child has been placed in a private special |
12 | | education school, separate public special education day |
13 | | school, or private special education facility, a district |
14 | | making tuition payments in excess of $4,500 pursuant to this |
15 | | Section shall be responsible for an amount in excess of $4,500 |
16 | | equal to 2 times the district's per capita tuition charge and |
17 | | shall be eligible for reimbursement from the State for the |
18 | | amount of such payments actually made in excess of 2 times the |
19 | | district's per capita tuition charge for students not |
20 | | receiving special education services. |
21 | | (r) If a child has been placed in an approved individual |
22 | | program and the tuition costs including room and board costs |
23 | | have been approved by the Review Board, then such room and |
24 | | board costs shall be paid by the appropriate State agency |
25 | | subject to the provisions of Section 14-8.01 of this Act. Room |
26 | | and board costs not provided by a State agency other than the |
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1 | | State Board of Education shall be provided by the State Board |
2 | | of Education on a current basis. In no event, however, shall |
3 | | the State's liability for funding of these tuition costs begin |
4 | | until after the legal obligations of third party payors have |
5 | | been subtracted from such costs. If the money appropriated by |
6 | | the General Assembly for such purpose for any year is |
7 | | insufficient, it shall be apportioned on the basis of the |
8 | | claims approved. Each district shall submit estimated claims |
9 | | to the State Superintendent of Education. Upon approval of |
10 | | such claims, the State Superintendent of Education shall |
11 | | direct the State Comptroller to make payments on a monthly |
12 | | basis. The frequency for submitting estimated claims and the |
13 | | method of determining payment shall be prescribed in rules and |
14 | | regulations adopted by the State Board of Education. Such |
15 | | current state reimbursement shall be reduced by an amount |
16 | | equal to the proceeds which the child or child's parents are |
17 | | eligible to receive under any public or private insurance or |
18 | | assistance program. Nothing in this Section shall be construed |
19 | | as relieving an insurer or similar third party from an |
20 | | otherwise valid obligation to provide or to pay for services |
21 | | provided to a child with a disability. |
22 | | (s) If it otherwise qualifies, a school district is |
23 | | eligible for the transportation reimbursement under Section |
24 | | 14-13.01 and for the reimbursement of tuition payments under |
25 | | this Section whether the non-public school or special |
26 | | education facility, public out-of-state school or county |
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1 | | special education facility, attended by a child who resides in |
2 | | that district and requires special educational services, is |
3 | | within or outside of the State of Illinois. However, a |
4 | | district is not eligible to claim transportation reimbursement |
5 | | under this Section unless the district certifies to the State |
6 | | Superintendent of Education that the district is unable to |
7 | | provide special educational services required by the child for |
8 | | the current school year. |
9 | | (t) Nothing in this Section authorizes the reimbursement |
10 | | of a school district for the amount paid for tuition of a child |
11 | | attending a non-public school or special education facility, a |
12 | | public special education facility, a public out-of-state |
13 | | school, or a county special education facility unless the |
14 | | school district certifies to the State Superintendent of |
15 | | Education that the special education program of that district |
16 | | is unable to meet the needs of that child because of the |
17 | | child's disability and the State Superintendent of Education |
18 | | finds that the school district is in substantial compliance |
19 | | with Section 14-4.01. However, if a child is unilaterally |
20 | | placed by a State agency or any court in a non-public school or |
21 | | special education facility, public out-of-state school, or |
22 | | county special education facility, a school district shall not |
23 | | be required to certify to the State Superintendent of |
24 | | Education, for the purpose of tuition reimbursement, that the |
25 | | special education program of that district is unable to meet |
26 | | the needs of a child because of his or her disability. |
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1 | | (u) Any educational or related services provided, pursuant |
2 | | to this Section in a non-public school or special education |
3 | | facility or a special education facility owned and operated by |
4 | | a county government unit shall be at no cost to the parent or |
5 | | guardian of the child. However, current law and practices |
6 | | relative to contributions by parents or guardians for costs |
7 | | other than educational or related services are not affected by |
8 | | this amendatory Act of 1978. |
9 | | (v) Reimbursement for children attending public school |
10 | | residential facilities shall be made in accordance with the |
11 | | provisions of this Section. |
12 | | (w) Notwithstanding any other provision of law, any school |
13 | | district receiving a payment under this Section or under |
14 | | Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify |
15 | | all or a portion of the funds that it receives in a particular |
16 | | fiscal year or from general State aid pursuant to Section |
17 | | 18-8.05 of this Code as funds received in connection with any |
18 | | funding program for which it is entitled to receive funds from |
19 | | the State in that fiscal year (including, without limitation, |
20 | | any funding program referenced in this Section), regardless of |
21 | | the source or timing of the receipt. The district may not |
22 | | classify more funds as funds received in connection with the |
23 | | funding program than the district is entitled to receive in |
24 | | that fiscal year for that program. Any classification by a |
25 | | district must be made by a resolution of its board of |
26 | | education. The resolution must identify the amount of any |
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1 | | payments or general State aid to be classified under this |
2 | | paragraph and must specify the funding program to which the |
3 | | funds are to be treated as received in connection therewith. |
4 | | This resolution is controlling as to the classification of |
5 | | funds referenced therein. A certified copy of the resolution |
6 | | must be sent to the State Superintendent of Education. The |
7 | | resolution shall still take effect even though a copy of the |
8 | | resolution has not been sent to the State Superintendent of |
9 | | Education in a timely manner. No classification under this |
10 | | paragraph by a district shall affect the total amount or |
11 | | timing of money the district is entitled to receive under this |
12 | | Code. No classification under this paragraph by a district |
13 | | shall in any way relieve the district from or affect any |
14 | | requirements that otherwise would apply with respect to that |
15 | | funding program, including any accounting of funds by source, |
16 | | reporting expenditures by original source and purpose, |
17 | | reporting requirements, or requirements of providing services. |
18 | | (x) The State Board of Education may adopt such rules as |
19 | | may be necessary to implement this Section. |
20 | | (Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22; |
21 | | 103-175, eff. 6-30-23; 103-546, eff. 8-11-23; 103-605, eff. |
22 | | 7-1-24; 103-644, eff. 7-1-24.)
|
23 | | (105 ILCS 5/18-8.15) |
24 | | Sec. 18-8.15. Evidence-Based Funding for student success |
25 | | for the 2017-2018 and subsequent school years. |
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1 | | (a) General provisions. |
2 | | (1) The purpose of this Section is to ensure that, by |
3 | | June 30, 2027 and beyond, this State has a kindergarten |
4 | | through grade 12 public education system with the capacity |
5 | | to ensure the educational development of all persons to |
6 | | the limits of their capacities in accordance with Section |
7 | | 1 of Article X of the Constitution of the State of |
8 | | Illinois. To accomplish that objective, this Section |
9 | | creates a method of funding public education that is |
10 | | evidence-based; is sufficient to ensure every student |
11 | | receives a meaningful opportunity to learn irrespective of |
12 | | race, ethnicity, sexual orientation, gender, or |
13 | | community-income level; and is sustainable and |
14 | | predictable. When fully funded under this Section, every |
15 | | school shall have the resources, based on what the |
16 | | evidence indicates is needed, to: |
17 | | (A) provide all students with a high quality |
18 | | education that offers the academic, enrichment, social |
19 | | and emotional support, technical, and career-focused |
20 | | programs that will allow them to become competitive |
21 | | workers, responsible parents, productive citizens of |
22 | | this State, and active members of our national |
23 | | democracy; |
24 | | (B) ensure all students receive the education they |
25 | | need to graduate from high school with the skills |
26 | | required to pursue post-secondary education and |
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1 | | training for a rewarding career; |
2 | | (C) reduce, with a goal of eliminating, the |
3 | | achievement gap between at-risk and non-at-risk |
4 | | students by raising the performance of at-risk |
5 | | students and not by reducing standards; and |
6 | | (D) ensure this State satisfies its obligation to |
7 | | assume the primary responsibility to fund public |
8 | | education and simultaneously relieve the |
9 | | disproportionate burden placed on local property taxes |
10 | | to fund schools. |
11 | | (2) The Evidence-Based Funding formula under this |
12 | | Section shall be applied to all Organizational Units in |
13 | | this State. The Evidence-Based Funding formula outlined in |
14 | | this Act is based on the formula outlined in Senate Bill 1 |
15 | | of the 100th General Assembly, as passed by both |
16 | | legislative chambers. As further defined and described in |
17 | | this Section, there are 4 major components of the |
18 | | Evidence-Based Funding model: |
19 | | (A) First, the model calculates a unique Adequacy |
20 | | Target for each Organizational Unit in this State that |
21 | | considers the costs to implement research-based |
22 | | activities, the unit's student demographics, and |
23 | | regional wage differences. |
24 | | (B) Second, the model calculates each |
25 | | Organizational Unit's Local Capacity, or the amount |
26 | | each Organizational Unit is assumed to contribute |
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1 | | toward its Adequacy Target from local resources. |
2 | | (C) Third, the model calculates how much funding |
3 | | the State currently contributes to the Organizational |
4 | | Unit and adds that to the unit's Local Capacity to |
5 | | determine the unit's overall current adequacy of |
6 | | funding. |
7 | | (D) Finally, the model's distribution method |
8 | | allocates new State funding to those Organizational |
9 | | Units that are least well-funded, considering both |
10 | | Local Capacity and State funding, in relation to their |
11 | | Adequacy Target. |
12 | | (3) An Organizational Unit receiving any funding under |
13 | | this Section may apply those funds to any fund so received |
14 | | for which that Organizational Unit is authorized to make |
15 | | expenditures by law. |
16 | | (4) As used in this Section, the following terms shall |
17 | | have the meanings ascribed in this paragraph (4): |
18 | | "Adequacy Target" is defined in paragraph (1) of |
19 | | subsection (b) of this Section. |
20 | | "Adjusted EAV" is defined in paragraph (4) of |
21 | | subsection (d) of this Section. |
22 | | "Adjusted Local Capacity Target" is defined in |
23 | | paragraph (3) of subsection (c) of this Section. |
24 | | "Adjusted Operating Tax Rate" means a tax rate for all |
25 | | Organizational Units, for which the State Superintendent |
26 | | shall calculate and subtract for the Operating Tax Rate a |
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1 | | transportation rate based on total expenses for |
2 | | transportation services under this Code, as reported on |
3 | | the most recent Annual Financial Report in Pupil |
4 | | Transportation Services, function 2550 in both the |
5 | | Education and Transportation funds and functions 4110 and |
6 | | 4120 in the Transportation fund, less any corresponding |
7 | | fiscal year State of Illinois scheduled payments excluding |
8 | | net adjustments for prior years for regular, vocational, |
9 | | or special education transportation reimbursement pursuant |
10 | | to Section 29-5 or subsection (b) of Section 14-13.01 of |
11 | | this Code divided by the Adjusted EAV. If an |
12 | | Organizational Unit's corresponding fiscal year State of |
13 | | Illinois scheduled payments excluding net adjustments for |
14 | | prior years for regular, vocational, or special education |
15 | | transportation reimbursement pursuant to Section 29-5 or |
16 | | subsection (b) of Section 14-13.01 of this Code exceed the |
17 | | total transportation expenses, as defined in this |
18 | | paragraph, no transportation rate shall be subtracted from |
19 | | the Operating Tax Rate. |
20 | | "Allocation Rate" is defined in paragraph (3) of |
21 | | subsection (g) of this Section. |
22 | | "Alternative School" means a public school that is |
23 | | created and operated by a regional superintendent of |
24 | | schools and approved by the State Board. |
25 | | "Applicable Tax Rate" is defined in paragraph (1) of |
26 | | subsection (d) of this Section. |
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1 | | "Assessment" means any of those benchmark, progress |
2 | | monitoring, formative, diagnostic, and other assessments, |
3 | | in addition to the State accountability assessment, that |
4 | | assist teachers' needs in understanding the skills and |
5 | | meeting the needs of the students they serve. |
6 | | "Assistant principal" means a school administrator |
7 | | duly endorsed to be employed as an assistant principal in |
8 | | this State. |
9 | | "At-risk student" means a student who is at risk of |
10 | | not meeting the Illinois Learning Standards or not |
11 | | graduating from elementary or high school and who |
12 | | demonstrates a need for vocational support or social |
13 | | services beyond that provided by the regular school |
14 | | program. All students included in an Organizational Unit's |
15 | | Low-Income Count, as well as all English learner and |
16 | | disabled students attending the Organizational Unit, shall |
17 | | be considered at-risk students under this Section. |
18 | | "Average Student Enrollment" or "ASE" for fiscal year |
19 | | 2018 means, for an Organizational Unit, the greater of the |
20 | | average number of students (grades K through 12) reported |
21 | | to the State Board as enrolled in the Organizational Unit |
22 | | on October 1 in the immediately preceding school year, |
23 | | plus the pre-kindergarten students who receive special |
24 | | education services of 2 or more hours a day as reported to |
25 | | the State Board on December 1 in the immediately preceding |
26 | | school year, or the average number of students (grades K |
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1 | | through 12) reported to the State Board as enrolled in the |
2 | | Organizational Unit on October 1, plus the |
3 | | pre-kindergarten students who receive special education |
4 | | services of 2 or more hours a day as reported to the State |
5 | | Board on December 1, for each of the immediately preceding |
6 | | 3 school years. For fiscal year 2019 and each subsequent |
7 | | fiscal year, "Average Student Enrollment" or "ASE" means, |
8 | | for an Organizational Unit, the greater of the average |
9 | | number of students (grades K through 12) reported to the |
10 | | State Board as enrolled in the Organizational Unit on |
11 | | October 1 and March 1 in the immediately preceding school |
12 | | year, plus the pre-kindergarten students who receive |
13 | | special education services as reported to the State Board |
14 | | on October 1 and March 1 in the immediately preceding |
15 | | school year, or the average number of students (grades K |
16 | | through 12) reported to the State Board as enrolled in the |
17 | | Organizational Unit on October 1 and March 1, plus the |
18 | | pre-kindergarten students who receive special education |
19 | | services as reported to the State Board on October 1 and |
20 | | March 1, for each of the immediately preceding 3 school |
21 | | years. For the purposes of this definition, "enrolled in |
22 | | the Organizational Unit" means the number of students |
23 | | reported to the State Board who are enrolled in schools |
24 | | within the Organizational Unit that the student attends or |
25 | | would attend if not placed or transferred to another |
26 | | school or program to receive needed services. For the |
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1 | | purposes of calculating "ASE", all students, grades K |
2 | | through 12, excluding those attending kindergarten for a |
3 | | half day and students attending an alternative education |
4 | | program operated by a regional office of education or |
5 | | intermediate service center, shall be counted as 1.0. All |
6 | | students attending kindergarten for a half day shall be |
7 | | counted as 0.5, unless in 2017 by June 15 or by March 1 in |
8 | | subsequent years, the school district reports to the State |
9 | | Board of Education the intent to implement full-day |
10 | | kindergarten district-wide for all students, then all |
11 | | students attending kindergarten shall be counted as 1.0. |
12 | | Special education pre-kindergarten students shall be |
13 | | counted as 0.5 each. If the State Board does not collect or |
14 | | has not collected both an October 1 and March 1 enrollment |
15 | | count by grade or a December 1 collection of special |
16 | | education pre-kindergarten students as of August 31, 2017 |
17 | | (the effective date of Public Act 100-465), it shall |
18 | | establish such collection for all future years. For any |
19 | | year in which a count by grade level was collected only |
20 | | once, that count shall be used as the single count |
21 | | available for computing a 3-year average ASE. Funding for |
22 | | programs operated by a regional office of education or an |
23 | | intermediate service center must be calculated using the |
24 | | Evidence-Based Funding formula under this Section for the |
25 | | 2019-2020 school year and each subsequent school year |
26 | | until separate adequacy formulas are developed and adopted |
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1 | | for each type of program. ASE for a program operated by a |
2 | | regional office of education or an intermediate service |
3 | | center must be determined by the March 1 enrollment for |
4 | | the program. For the 2019-2020 school year, the ASE used |
5 | | in the calculation must be the first-year ASE and, in that |
6 | | year only, the assignment of students served by a regional |
7 | | office of education or intermediate service center shall |
8 | | not result in a reduction of the March enrollment for any |
9 | | school district. For the 2020-2021 school year, the ASE |
10 | | must be the greater of the current-year ASE or the 2-year |
11 | | average ASE. Beginning with the 2021-2022 school year, the |
12 | | ASE must be the greater of the current-year ASE or the |
13 | | 3-year average ASE. School districts shall submit the data |
14 | | for the ASE calculation to the State Board within 45 days |
15 | | of the dates required in this Section for submission of |
16 | | enrollment data in order for it to be included in the ASE |
17 | | calculation. For fiscal year 2018 only, the ASE |
18 | | calculation shall include only enrollment taken on October |
19 | | 1. In recognition of the impact of COVID-19, the |
20 | | definition of "Average Student Enrollment" or "ASE" shall |
21 | | be adjusted for calculations under this Section for fiscal |
22 | | years 2022 through 2024. For fiscal years 2022 through |
23 | | 2024, the enrollment used in the calculation of ASE |
24 | | representing the 2020-2021 school year shall be the |
25 | | greater of the enrollment for the 2020-2021 school year or |
26 | | the 2019-2020 school year. |
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1 | | "Base Funding Guarantee" is defined in paragraph (10) |
2 | | of subsection (g) of this Section. |
3 | | "Base Funding Minimum" is defined in subsection (e) of |
4 | | this Section. |
5 | | "Base Tax Year" means the property tax levy year used |
6 | | to calculate the Budget Year allocation of primary State |
7 | | aid. |
8 | | "Base Tax Year's Extension" means the product of the |
9 | | equalized assessed valuation utilized by the county clerk |
10 | | in the Base Tax Year multiplied by the limiting rate as |
11 | | calculated by the county clerk and defined in PTELL. |
12 | | "Bilingual Education Allocation" means the amount of |
13 | | an Organizational Unit's final Adequacy Target |
14 | | attributable to bilingual education divided by the |
15 | | Organizational Unit's final Adequacy Target, the product |
16 | | of which shall be multiplied by the amount of new funding |
17 | | received pursuant to this Section. An Organizational |
18 | | Unit's final Adequacy Target attributable to bilingual |
19 | | education shall include all additional investments in |
20 | | English learner students' adequacy elements. |
21 | | "Budget Year" means the school year for which primary |
22 | | State aid is calculated and awarded under this Section. |
23 | | "Central office" means individual administrators and |
24 | | support service personnel charged with managing the |
25 | | instructional programs, business and operations, and |
26 | | security of the Organizational Unit. |
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1 | | "Comparable Wage Index" or "CWI" means a regional cost |
2 | | differentiation metric that measures systemic, regional |
3 | | variations in the salaries of college graduates who are |
4 | | not educators. The CWI utilized for this Section shall, |
5 | | for the first 3 years of Evidence-Based Funding |
6 | | implementation, be the CWI initially developed by the |
7 | | National Center for Education Statistics, as most recently |
8 | | updated by Texas A & M University. In the fourth and |
9 | | subsequent years of Evidence-Based Funding implementation, |
10 | | the State Superintendent shall re-determine the CWI using |
11 | | the a similar methodology to that identified in a |
12 | | comparable wage index the Texas A & M University study |
13 | | developed by the University of Illinois , with adjustments |
14 | | made no less frequently than once every 5 years. |
15 | | "Computer technology and equipment" means computers |
16 | | servers, notebooks, network equipment, copiers, printers, |
17 | | instructional software, security software, curriculum |
18 | | management courseware, and other similar materials and |
19 | | equipment. |
20 | | "Computer technology and equipment investment |
21 | | allocation" means the final Adequacy Target amount of an |
22 | | Organizational Unit assigned to Tier 1 or Tier 2 in the |
23 | | prior school year attributable to the additional $285.50 |
24 | | per student computer technology and equipment investment |
25 | | grant divided by the Organizational Unit's final Adequacy |
26 | | Target, the result of which shall be multiplied by the |
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1 | | amount of new funding received pursuant to this Section. |
2 | | An Organizational Unit assigned to a Tier 1 or Tier 2 final |
3 | | Adequacy Target attributable to the received computer |
4 | | technology and equipment investment grant shall include |
5 | | all additional investments in computer technology and |
6 | | equipment adequacy elements. |
7 | | "Core subject" means mathematics; science; reading, |
8 | | English, writing, and language arts; history and social |
9 | | studies; world languages; and subjects taught as Advanced |
10 | | Placement in high schools. |
11 | | "Core teacher" means a regular classroom teacher in |
12 | | elementary schools and teachers of a core subject in |
13 | | middle and high schools. |
14 | | "Core Intervention teacher (tutor)" means a licensed |
15 | | teacher providing one-on-one or small group tutoring to |
16 | | students struggling to meet proficiency in core subjects. |
17 | | "CPPRT" means corporate personal property replacement |
18 | | tax funds paid to an Organizational Unit during the |
19 | | calendar year one year before the calendar year in which a |
20 | | school year begins, pursuant to "An Act in relation to the |
21 | | abolition of ad valorem personal property tax and the |
22 | | replacement of revenues lost thereby, and amending and |
23 | | repealing certain Acts and parts of Acts in connection |
24 | | therewith", certified August 14, 1979, as amended (Public |
25 | | Act 81-1st S.S.-1). |
26 | | "EAV" means equalized assessed valuation as defined in |
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1 | | paragraph (2) of subsection (d) of this Section and |
2 | | calculated in accordance with paragraph (3) of subsection |
3 | | (d) of this Section. |
4 | | "ECI" means the Bureau of Labor Statistics' national |
5 | | employment cost index for civilian workers in educational |
6 | | services in elementary and secondary schools on a |
7 | | cumulative basis for the 12-month calendar year preceding |
8 | | the fiscal year of the Evidence-Based Funding calculation. |
9 | | "EIS Data" means the employment information system |
10 | | data maintained by the State Board on educators within |
11 | | Organizational Units. |
12 | | "Employee benefits" means health, dental, and vision |
13 | | insurance offered to employees of an Organizational Unit, |
14 | | the costs associated with the statutorily required payment |
15 | | of the normal cost of the Organizational Unit's teacher |
16 | | pensions, Social Security employer contributions, and |
17 | | Illinois Municipal Retirement Fund employer contributions. |
18 | | "English learner" or "EL" means a child included in |
19 | | the definition of "English learners" under Section 14C-2 |
20 | | of this Code participating in a program of transitional |
21 | | bilingual education or a transitional program of |
22 | | instruction meeting the requirements and program |
23 | | application procedures of Article 14C of this Code. For |
24 | | the purposes of collecting the number of EL students |
25 | | enrolled, the same collection and calculation methodology |
26 | | as defined above for "ASE" shall apply to English |
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1 | | learners, with the exception that EL student enrollment |
2 | | shall include students in grades pre-kindergarten through |
3 | | 12. |
4 | | "Essential Elements" means those elements, resources, |
5 | | and educational programs that have been identified through |
6 | | academic research as necessary to improve student success, |
7 | | improve academic performance, close achievement gaps, and |
8 | | provide for other per student costs related to the |
9 | | delivery and leadership of the Organizational Unit, as |
10 | | well as the maintenance and operations of the unit, and |
11 | | which are specified in paragraph (2) of subsection (b) of |
12 | | this Section. |
13 | | "Evidence-Based Funding" means State funding provided |
14 | | to an Organizational Unit pursuant to this Section. |
15 | | "Extended day" means academic and enrichment programs |
16 | | provided to students outside the regular school day before |
17 | | and after school or during non-instructional times during |
18 | | the school day. |
19 | | "Extension Limitation Ratio" means a numerical ratio |
20 | | in which the numerator is the Base Tax Year's Extension |
21 | | and the denominator is the Preceding Tax Year's Extension. |
22 | | "Final Percent of Adequacy" is defined in paragraph |
23 | | (4) of subsection (f) of this Section. |
24 | | "Final Resources" is defined in paragraph (3) of |
25 | | subsection (f) of this Section. |
26 | | "Full-time equivalent" or "FTE" means the full-time |
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1 | | equivalency compensation for staffing the relevant |
2 | | position at an Organizational Unit. |
3 | | "Funding Gap" is defined in paragraph (1) of |
4 | | subsection (g). |
5 | | "Hybrid District" means a partial elementary unit |
6 | | district created pursuant to Article 11E of this Code. |
7 | | "Instructional assistant" means a core or special |
8 | | education, non-licensed employee who assists a teacher in |
9 | | the classroom and provides academic support to students. |
10 | | "Instructional facilitator" means a qualified teacher |
11 | | or licensed teacher leader who facilitates and coaches |
12 | | continuous improvement in classroom instruction; provides |
13 | | instructional support to teachers in the elements of |
14 | | research-based instruction or demonstrates the alignment |
15 | | of instruction with curriculum standards and assessment |
16 | | tools; develops or coordinates instructional programs or |
17 | | strategies; develops and implements training; chooses |
18 | | standards-based instructional materials; provides |
19 | | teachers with an understanding of current research; serves |
20 | | as a mentor, site coach, curriculum specialist, or lead |
21 | | teacher; or otherwise works with fellow teachers, in |
22 | | collaboration, to use data to improve instructional |
23 | | practice or develop model lessons. |
24 | | "Instructional materials" means relevant |
25 | | instructional materials for student instruction, |
26 | | including, but not limited to, textbooks, consumable |
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1 | | workbooks, laboratory equipment, library books, and other |
2 | | similar materials. |
3 | | "Laboratory School" means a public school that is |
4 | | created and operated by a public university and approved |
5 | | by the State Board. |
6 | | "Librarian" means a teacher with an endorsement as a |
7 | | library information specialist or another individual whose |
8 | | primary responsibility is overseeing library resources |
9 | | within an Organizational Unit. |
10 | | "Limiting rate for Hybrid Districts" means the |
11 | | combined elementary school and high school limiting rates. |
12 | | "Local Capacity" is defined in paragraph (1) of |
13 | | subsection (c) of this Section. |
14 | | "Local Capacity Percentage" is defined in subparagraph |
15 | | (A) of paragraph (2) of subsection (c) of this Section. |
16 | | "Local Capacity Ratio" is defined in subparagraph (B) |
17 | | of paragraph (2) of subsection (c) of this Section. |
18 | | "Local Capacity Target" is defined in paragraph (2) of |
19 | | subsection (c) of this Section. |
20 | | "Low-Income Count" means, for an Organizational Unit |
21 | | in a fiscal year, the higher of the average number of |
22 | | students for the prior school year or the immediately |
23 | | preceding 3 school years who, as of July 1 of the |
24 | | immediately preceding fiscal year (as determined by the |
25 | | Department of Human Services), are eligible for at least |
26 | | one of the following low-income programs: Medicaid, the |
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1 | | Children's Health Insurance Program, Temporary Assistance |
2 | | for Needy Families (TANF), or the Supplemental Nutrition |
3 | | Assistance Program, excluding pupils who are eligible for |
4 | | services provided by the Department of Children and Family |
5 | | Services. Until such time that grade level low-income |
6 | | populations become available, grade level low-income |
7 | | populations shall be determined by applying the low-income |
8 | | percentage to total student enrollments by grade level. |
9 | | The low-income percentage is determined by dividing the |
10 | | Low-Income Count by the Average Student Enrollment. The |
11 | | low-income percentage for a regional office of education |
12 | | or an intermediate service center operating one or more |
13 | | alternative education programs must be set to the weighted |
14 | | average of the low-income percentages of all of the school |
15 | | districts in the service region. The weighted low-income |
16 | | percentage is the result of multiplying the low-income |
17 | | percentage of each school district served by the regional |
18 | | office of education or intermediate service center by each |
19 | | school district's Average Student Enrollment, summarizing |
20 | | those products and dividing the total by the total Average |
21 | | Student Enrollment for the service region. |
22 | | "Maintenance and operations" means custodial services, |
23 | | facility and ground maintenance, facility operations, |
24 | | facility security, routine facility repairs, and other |
25 | | similar services and functions. |
26 | | "Minimum Funding Level" is defined in paragraph (9) of |
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1 | | subsection (g) of this Section. |
2 | | "New Property Tax Relief Pool Funds" means, for any |
3 | | given fiscal year, all State funds appropriated under |
4 | | Section 2-3.170 of this Code. |
5 | | "New State Funds" means, for a given school year, all |
6 | | State funds appropriated for Evidence-Based Funding in |
7 | | excess of the amount needed to fund the Base Funding |
8 | | Minimum for all Organizational Units in that school year. |
9 | | "Nurse" means an individual licensed as a certified |
10 | | school nurse, in accordance with the rules established for |
11 | | nursing services by the State Board, who is an employee of |
12 | | and is available to provide health care-related services |
13 | | for students of an Organizational Unit. |
14 | | "Operating Tax Rate" means the rate utilized in the |
15 | | previous year to extend property taxes for all purposes, |
16 | | except Bond and Interest, Summer School, Rent, Capital |
17 | | Improvement, and Vocational Education Building purposes. |
18 | | For Hybrid Districts, the Operating Tax Rate shall be the |
19 | | combined elementary and high school rates utilized in the |
20 | | previous year to extend property taxes for all purposes, |
21 | | except Bond and Interest, Summer School, Rent, Capital |
22 | | Improvement, and Vocational Education Building purposes. |
23 | | "Organizational Unit" means a Laboratory School or any |
24 | | public school district that is recognized as such by the |
25 | | State Board and that contains elementary schools typically |
26 | | serving kindergarten through 5th grades, middle schools |
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1 | | typically serving 6th through 8th grades, high schools |
2 | | typically serving 9th through 12th grades, a program |
3 | | established under Section 2-3.66 or 2-3.41, or a program |
4 | | operated by a regional office of education or an |
5 | | intermediate service center under Article 13A or 13B. The |
6 | | General Assembly acknowledges that the actual grade levels |
7 | | served by a particular Organizational Unit may vary |
8 | | slightly from what is typical. |
9 | | "Organizational Unit CWI" is determined by calculating |
10 | | the CWI in the region and original county in which an |
11 | | Organizational Unit's primary administrative office is |
12 | | located as set forth in this paragraph, provided that if |
13 | | the Organizational Unit CWI as calculated in accordance |
14 | | with this paragraph is less than 0.9, the Organizational |
15 | | Unit CWI shall be increased to 0.9. Each county's current |
16 | | CWI value shall be adjusted based on the CWI value of that |
17 | | county's neighboring Illinois counties, to create a |
18 | | "weighted adjusted index value". This shall be calculated |
19 | | by summing the CWI values of all of a county's adjacent |
20 | | Illinois counties and dividing by the number of adjacent |
21 | | Illinois counties, then taking the weighted value of the |
22 | | original county's CWI value and the adjacent Illinois |
23 | | county average. To calculate this weighted value, if the |
24 | | number of adjacent Illinois counties is greater than 2, |
25 | | the original county's CWI value will be weighted at 0.25 |
26 | | and the adjacent Illinois county average will be weighted |
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1 | | at 0.75. If the number of adjacent Illinois counties is 2, |
2 | | the original county's CWI value will be weighted at 0.33 |
3 | | and the adjacent Illinois county average will be weighted |
4 | | at 0.66. The greater of the county's current CWI value and |
5 | | its weighted adjusted index value shall be used as the |
6 | | Organizational Unit CWI. |
7 | | "Preceding Tax Year" means the property tax levy year |
8 | | immediately preceding the Base Tax Year. |
9 | | "Preceding Tax Year's Extension" means the product of |
10 | | the equalized assessed valuation utilized by the county |
11 | | clerk in the Preceding Tax Year multiplied by the |
12 | | Operating Tax Rate. |
13 | | "Preliminary Percent of Adequacy" is defined in |
14 | | paragraph (2) of subsection (f) of this Section. |
15 | | "Preliminary Resources" is defined in paragraph (2) of |
16 | | subsection (f) of this Section. |
17 | | "Principal" means a school administrator duly endorsed |
18 | | to be employed as a principal in this State. |
19 | | "Professional development" means training programs for |
20 | | licensed staff in schools, including, but not limited to, |
21 | | programs that assist in implementing new curriculum |
22 | | programs, provide data focused or academic assessment data |
23 | | training to help staff identify a student's weaknesses and |
24 | | strengths, target interventions, improve instruction, |
25 | | encompass instructional strategies for English learner, |
26 | | gifted, or at-risk students, address inclusivity, cultural |
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1 | | sensitivity, or implicit bias, or otherwise provide |
2 | | professional support for licensed staff. |
3 | | "Prototypical" means 450 special education |
4 | | pre-kindergarten and kindergarten through grade 5 students |
5 | | for an elementary school, 450 grade 6 through 8 students |
6 | | for a middle school, and 600 grade 9 through 12 students |
7 | | for a high school. |
8 | | "PTELL" means the Property Tax Extension Limitation |
9 | | Law. |
10 | | "PTELL EAV" is defined in paragraph (4) of subsection |
11 | | (d) of this Section. |
12 | | "Pupil support staff" means a nurse, psychologist, |
13 | | social worker, family liaison personnel, or other staff |
14 | | member who provides support to at-risk or struggling |
15 | | students. |
16 | | "Real Receipts" is defined in paragraph (1) of |
17 | | subsection (d) of this Section. |
18 | | "Regionalization Factor" means, for a particular |
19 | | Organizational Unit, the figure derived by dividing the |
20 | | Organizational Unit CWI by the Statewide Weighted CWI. |
21 | | "School counselor" means a licensed school counselor |
22 | | who provides guidance and counseling support for students |
23 | | within an Organizational Unit. |
24 | | "School site staff" means the primary school secretary |
25 | | and any additional clerical personnel assigned to a |
26 | | school. |
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1 | | "Special education" means special educational |
2 | | facilities and services, as defined in Section 14-1.08 of |
3 | | this Code. |
4 | | "Special Education Allocation" means the amount of an |
5 | | Organizational Unit's final Adequacy Target attributable |
6 | | to special education divided by the Organizational Unit's |
7 | | final Adequacy Target, the product of which shall be |
8 | | multiplied by the amount of new funding received pursuant |
9 | | to this Section. An Organizational Unit's final Adequacy |
10 | | Target attributable to special education shall include all |
11 | | special education investment adequacy elements. |
12 | | "Specialist teacher" means a teacher who provides |
13 | | instruction in subject areas not included in core |
14 | | subjects, including, but not limited to, art, music, |
15 | | physical education, health, driver education, |
16 | | career-technical education, and such other subject areas |
17 | | as may be mandated by State law or provided by an |
18 | | Organizational Unit. |
19 | | "Specially Funded Unit" means an Alternative School, |
20 | | safe school, Department of Juvenile Justice school, |
21 | | special education cooperative or entity recognized by the |
22 | | State Board as a special education cooperative, |
23 | | State-approved charter school, or alternative learning |
24 | | opportunities program that received direct funding from |
25 | | the State Board during the 2016-2017 school year through |
26 | | any of the funding sources included within the calculation |
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1 | | of the Base Funding Minimum or Glenwood Academy. |
2 | | "Supplemental Grant Funding" means supplemental |
3 | | general State aid funding received by an Organizational |
4 | | Unit during the 2016-2017 school year pursuant to |
5 | | subsection (H) of Section 18-8.05 of this Code (now |
6 | | repealed). |
7 | | "State Adequacy Level" is the sum of the Adequacy |
8 | | Targets of all Organizational Units. |
9 | | "State Board" means the State Board of Education. |
10 | | "State Superintendent" means the State Superintendent |
11 | | of Education. |
12 | | "Statewide Weighted CWI" means a figure determined by |
13 | | multiplying each Organizational Unit CWI times the ASE for |
14 | | that Organizational Unit creating a weighted value, |
15 | | summing all Organizational Units' weighted values, and |
16 | | dividing by the total ASE of all Organizational Units, |
17 | | thereby creating an average weighted index. |
18 | | "Student activities" means non-credit producing |
19 | | after-school programs, including, but not limited to, |
20 | | clubs, bands, sports, and other activities authorized by |
21 | | the school board of the Organizational Unit. |
22 | | "Substitute teacher" means an individual teacher or |
23 | | teaching assistant who is employed by an Organizational |
24 | | Unit and is temporarily serving the Organizational Unit on |
25 | | a per diem or per period-assignment basis to replace |
26 | | another staff member. |
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1 | | "Summer school" means academic and enrichment programs |
2 | | provided to students during the summer months outside of |
3 | | the regular school year. |
4 | | "Supervisory aide" means a non-licensed staff member |
5 | | who helps in supervising students of an Organizational |
6 | | Unit, but does so outside of the classroom, in situations |
7 | | such as, but not limited to, monitoring hallways and |
8 | | playgrounds, supervising lunchrooms, or supervising |
9 | | students when being transported in buses serving the |
10 | | Organizational Unit. |
11 | | "Target Ratio" is defined in paragraph (4) of |
12 | | subsection (g). |
13 | | "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
14 | | in paragraph (3) of subsection (g). |
15 | | "Tier 1 Aggregate Funding", "Tier 2 Aggregate |
16 | | Funding", "Tier 3 Aggregate Funding", and "Tier 4 |
17 | | Aggregate Funding" are defined in paragraph (1) of |
18 | | subsection (g). |
19 | | (b) Adequacy Target calculation. |
20 | | (1) Each Organizational Unit's Adequacy Target is the |
21 | | sum of the Organizational Unit's cost of providing |
22 | | Essential Elements, as calculated in accordance with this |
23 | | subsection (b), with the salary amounts in the Essential |
24 | | Elements multiplied by a Regionalization Factor calculated |
25 | | pursuant to paragraph (3) of this subsection (b). |
26 | | (2) The Essential Elements are attributable on a pro |
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1 | | rata basis related to defined subgroups of the ASE of each |
2 | | Organizational Unit as specified in this paragraph (2), |
3 | | with investments and FTE positions pro rata funded based |
4 | | on ASE counts in excess of or less than the thresholds set |
5 | | forth in this paragraph (2). The method for calculating |
6 | | attributable pro rata costs and the defined subgroups |
7 | | thereto are as follows: |
8 | | (A) Core class size investments. Each |
9 | | Organizational Unit shall receive the funding required |
10 | | to support that number of FTE core teacher positions |
11 | | as is needed to keep the respective class sizes of the |
12 | | Organizational Unit to the following maximum numbers: |
13 | | (i) For grades kindergarten through 3, the |
14 | | Organizational Unit shall receive funding required |
15 | | to support one FTE core teacher position for every |
16 | | 15 Low-Income Count students in those grades and |
17 | | one FTE core teacher position for every 20 |
18 | | non-Low-Income Count students in those grades. |
19 | | (ii) For grades 4 through 12, the |
20 | | Organizational Unit shall receive funding required |
21 | | to support one FTE core teacher position for every |
22 | | 20 Low-Income Count students in those grades and |
23 | | one FTE core teacher position for every 25 |
24 | | non-Low-Income Count students in those grades. |
25 | | The number of non-Low-Income Count students in a |
26 | | grade shall be determined by subtracting the |
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1 | | Low-Income students in that grade from the ASE of the |
2 | | Organizational Unit for that grade. |
3 | | (B) Specialist teacher investments. Each |
4 | | Organizational Unit shall receive the funding needed |
5 | | to cover that number of FTE specialist teacher |
6 | | positions that correspond to the following |
7 | | percentages: |
8 | | (i) if the Organizational Unit operates an |
9 | | elementary or middle school, then 20.00% of the |
10 | | number of the Organizational Unit's core teachers, |
11 | | as determined under subparagraph (A) of this |
12 | | paragraph (2); and |
13 | | (ii) if such Organizational Unit operates a |
14 | | high school, then 33.33% of the number of the |
15 | | Organizational Unit's core teachers. |
16 | | (C) Instructional facilitator investments. Each |
17 | | Organizational Unit shall receive the funding needed |
18 | | to cover one FTE instructional facilitator position |
19 | | for every 200 combined ASE of pre-kindergarten |
20 | | children with disabilities and all kindergarten |
21 | | through grade 12 students of the Organizational Unit. |
22 | | (D) Core intervention teacher (tutor) investments. |
23 | | Each Organizational Unit shall receive the funding |
24 | | needed to cover one FTE teacher position for each |
25 | | prototypical elementary, middle, and high school. |
26 | | (E) Substitute teacher investments. Each |
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1 | | Organizational Unit shall receive the funding needed |
2 | | to cover substitute teacher costs that is equal to |
3 | | 5.70% of the minimum pupil attendance days required |
4 | | under Section 10-19 of this Code for all full-time |
5 | | equivalent core, specialist, and intervention |
6 | | teachers, school nurses, special education teachers |
7 | | and instructional assistants, instructional |
8 | | facilitators, and summer school and extended day |
9 | | teacher positions, as determined under this paragraph |
10 | | (2), at a salary rate of 33.33% of the average salary |
11 | | for grade K through 12 teachers and 33.33% of the |
12 | | average salary of each instructional assistant |
13 | | position. |
14 | | (F) Core school counselor investments. Each |
15 | | Organizational Unit shall receive the funding needed |
16 | | to cover one FTE school counselor for each 450 |
17 | | combined ASE of pre-kindergarten children with |
18 | | disabilities and all kindergarten through grade 5 |
19 | | students, plus one FTE school counselor for each 250 |
20 | | grades 6 through 8 ASE middle school students, plus |
21 | | one FTE school counselor for each 250 grades 9 through |
22 | | 12 ASE high school students. |
23 | | (G) Nurse investments. Each Organizational Unit |
24 | | shall receive the funding needed to cover one FTE |
25 | | nurse for each 750 combined ASE of pre-kindergarten |
26 | | children with disabilities and all kindergarten |
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1 | | through grade 12 students across all grade levels it |
2 | | serves. |
3 | | (H) Supervisory aide investments. Each |
4 | | Organizational Unit shall receive the funding needed |
5 | | to cover one FTE for each 225 combined ASE of |
6 | | pre-kindergarten children with disabilities and all |
7 | | kindergarten through grade 5 students, plus one FTE |
8 | | for each 225 ASE middle school students, plus one FTE |
9 | | for each 200 ASE high school students. |
10 | | (I) Librarian investments. Each Organizational |
11 | | Unit shall receive the funding needed to cover one FTE |
12 | | librarian for each prototypical elementary school, |
13 | | middle school, and high school and one FTE aide or |
14 | | media technician for every 300 combined ASE of |
15 | | pre-kindergarten children with disabilities and all |
16 | | kindergarten through grade 12 students. |
17 | | (J) Principal investments. Each Organizational |
18 | | Unit shall receive the funding needed to cover one FTE |
19 | | principal position for each prototypical elementary |
20 | | school, plus one FTE principal position for each |
21 | | prototypical middle school, plus one FTE principal |
22 | | position for each prototypical high school. |
23 | | (K) Assistant principal investments. Each |
24 | | Organizational Unit shall receive the funding needed |
25 | | to cover one FTE assistant principal position for each |
26 | | prototypical elementary school, plus one FTE assistant |
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1 | | principal position for each prototypical middle |
2 | | school, plus one FTE assistant principal position for |
3 | | each prototypical high school. |
4 | | (L) School site staff investments. Each |
5 | | Organizational Unit shall receive the funding needed |
6 | | for one FTE position for each 225 ASE of |
7 | | pre-kindergarten children with disabilities and all |
8 | | kindergarten through grade 5 students, plus one FTE |
9 | | position for each 225 ASE middle school students, plus |
10 | | one FTE position for each 200 ASE high school |
11 | | students. |
12 | | (M) Gifted investments. Each Organizational Unit |
13 | | shall receive $40 per kindergarten through grade 12 |
14 | | ASE. |
15 | | (N) Professional development investments. Each |
16 | | Organizational Unit shall receive $125 per student of |
17 | | the combined ASE of pre-kindergarten children with |
18 | | disabilities and all kindergarten through grade 12 |
19 | | students for trainers and other professional |
20 | | development-related expenses for supplies and |
21 | | materials. |
22 | | (O) Instructional material investments. Each |
23 | | Organizational Unit shall receive $190 per student of |
24 | | the combined ASE of pre-kindergarten children with |
25 | | disabilities and all kindergarten through grade 12 |
26 | | students to cover instructional material costs. |
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1 | | (P) Assessment investments. Each Organizational |
2 | | Unit shall receive $25 per student of the combined ASE |
3 | | of pre-kindergarten children with disabilities and all |
4 | | kindergarten through grade 12 students to cover |
5 | | assessment costs. |
6 | | (Q) Computer technology and equipment investments. |
7 | | Each Organizational Unit shall receive $285.50 per |
8 | | student of the combined ASE of pre-kindergarten |
9 | | children with disabilities and all kindergarten |
10 | | through grade 12 students to cover computer technology |
11 | | and equipment costs. For the 2018-2019 school year and |
12 | | subsequent school years, Organizational Units assigned |
13 | | to Tier 1 and Tier 2 in the prior school year shall |
14 | | receive an additional $285.50 per student of the |
15 | | combined ASE of pre-kindergarten children with |
16 | | disabilities and all kindergarten through grade 12 |
17 | | students to cover computer technology and equipment |
18 | | costs in the Organizational Unit's Adequacy Target. |
19 | | The State Board may establish additional requirements |
20 | | for Organizational Unit expenditures of funds received |
21 | | pursuant to this subparagraph (Q), including a |
22 | | requirement that funds received pursuant to this |
23 | | subparagraph (Q) may be used only for serving the |
24 | | technology needs of the district. It is the intent of |
25 | | Public Act 100-465 that all Tier 1 and Tier 2 districts |
26 | | receive the addition to their Adequacy Target in the |
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1 | | following year, subject to compliance with the |
2 | | requirements of the State Board. |
3 | | (R) Student activities investments. Each |
4 | | Organizational Unit shall receive the following |
5 | | funding amounts to cover student activities: $100 per |
6 | | kindergarten through grade 5 ASE student in elementary |
7 | | school, plus $200 per ASE student in middle school, |
8 | | plus $675 per ASE student in high school. |
9 | | (S) Maintenance and operations investments. Each |
10 | | Organizational Unit shall receive $1,038 per student |
11 | | of the combined ASE of pre-kindergarten children with |
12 | | disabilities and all kindergarten through grade 12 |
13 | | students for day-to-day maintenance and operations |
14 | | expenditures, including salary, supplies, and |
15 | | materials, as well as purchased services, but |
16 | | excluding employee benefits. The proportion of salary |
17 | | for the application of a Regionalization Factor and |
18 | | the calculation of benefits is equal to $352.92. |
19 | | (T) Central office investments. Each |
20 | | Organizational Unit shall receive $742 per student of |
21 | | the combined ASE of pre-kindergarten children with |
22 | | disabilities and all kindergarten through grade 12 |
23 | | students to cover central office operations, including |
24 | | administrators and classified personnel charged with |
25 | | managing the instructional programs, business and |
26 | | operations of the school district, and security |
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1 | | personnel. The proportion of salary for the |
2 | | application of a Regionalization Factor and the |
3 | | calculation of benefits is equal to $368.48. |
4 | | (U) Employee benefit investments. Each |
5 | | Organizational Unit shall receive 30% of the total of |
6 | | all salary-calculated elements of the Adequacy Target, |
7 | | excluding substitute teachers and student activities |
8 | | investments, to cover benefit costs. For central |
9 | | office and maintenance and operations investments, the |
10 | | benefit calculation shall be based upon the salary |
11 | | proportion of each investment. If at any time the |
12 | | responsibility for funding the employer normal cost of |
13 | | teacher pensions is assigned to school districts, then |
14 | | that amount certified by the Teachers' Retirement |
15 | | System of the State of Illinois to be paid by the |
16 | | Organizational Unit for the preceding school year |
17 | | shall be added to the benefit investment. For any |
18 | | fiscal year in which a school district organized under |
19 | | Article 34 of this Code is responsible for paying the |
20 | | employer normal cost of teacher pensions, then that |
21 | | amount of its employer normal cost plus the amount for |
22 | | retiree health insurance as certified by the Public |
23 | | School Teachers' Pension and Retirement Fund of |
24 | | Chicago to be paid by the school district for the |
25 | | preceding school year that is statutorily required to |
26 | | cover employer normal costs and the amount for retiree |
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1 | | health insurance shall be added to the 30% specified |
2 | | in this subparagraph (U). The Teachers' Retirement |
3 | | System of the State of Illinois and the Public School |
4 | | Teachers' Pension and Retirement Fund of Chicago shall |
5 | | submit such information as the State Superintendent |
6 | | may require for the calculations set forth in this |
7 | | subparagraph (U). |
8 | | (V) Additional investments in low-income students. |
9 | | In addition to and not in lieu of all other funding |
10 | | under this paragraph (2), each Organizational Unit |
11 | | shall receive funding based on the average teacher |
12 | | salary for grades K through 12 to cover the costs of: |
13 | | (i) one FTE intervention teacher (tutor) |
14 | | position for every 125 Low-Income Count students; |
15 | | (ii) one FTE pupil support staff position for |
16 | | every 125 Low-Income Count students; |
17 | | (iii) one FTE extended day teacher position |
18 | | for every 120 Low-Income Count students; and |
19 | | (iv) one FTE summer school teacher position |
20 | | for every 120 Low-Income Count students. |
21 | | (W) Additional investments in English learner |
22 | | students. In addition to and not in lieu of all other |
23 | | funding under this paragraph (2), each Organizational |
24 | | Unit shall receive funding based on the average |
25 | | teacher salary for grades K through 12 to cover the |
26 | | costs of: |
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1 | | (i) one FTE intervention teacher (tutor) |
2 | | position for every 125 English learner students; |
3 | | (ii) one FTE pupil support staff position for |
4 | | every 125 English learner students; |
5 | | (iii) one FTE extended day teacher position |
6 | | for every 120 English learner students; |
7 | | (iv) one FTE summer school teacher position |
8 | | for every 120 English learner students; and |
9 | | (v) one FTE core teacher position for every |
10 | | 100 English learner students. |
11 | | (X) Special education investments. Each |
12 | | Organizational Unit shall receive funding based on the |
13 | | average teacher salary for grades K through 12 to |
14 | | cover special education as follows: |
15 | | (i) one FTE teacher position for every 141 |
16 | | combined ASE of pre-kindergarten children with |
17 | | disabilities and all kindergarten through grade 12 |
18 | | students; |
19 | | (ii) one FTE instructional assistant for every |
20 | | 141 combined ASE of pre-kindergarten children with |
21 | | disabilities and all kindergarten through grade 12 |
22 | | students; and |
23 | | (iii) one FTE psychologist position for every |
24 | | 1,000 combined ASE of pre-kindergarten children |
25 | | with disabilities and all kindergarten through |
26 | | grade 12 students. |
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1 | | (3) For calculating the salaries included within the |
2 | | Essential Elements, the State Superintendent shall |
3 | | annually calculate average salaries to the nearest dollar |
4 | | using the employment information system data maintained by |
5 | | the State Board, limited to public schools only and |
6 | | excluding special education and vocational cooperatives, |
7 | | schools operated by the Department of Juvenile Justice, |
8 | | and charter schools, for the following positions: |
9 | | (A) Teacher for grades K through 8. |
10 | | (B) Teacher for grades 9 through 12. |
11 | | (C) Teacher for grades K through 12. |
12 | | (D) School counselor for grades K through 8. |
13 | | (E) School counselor for grades 9 through 12. |
14 | | (F) School counselor for grades K through 12. |
15 | | (G) Social worker. |
16 | | (H) Psychologist. |
17 | | (I) Librarian. |
18 | | (J) Nurse. |
19 | | (K) Principal. |
20 | | (L) Assistant principal. |
21 | | For the purposes of this paragraph (3), "teacher" |
22 | | includes core teachers, specialist and elective teachers, |
23 | | instructional facilitators, tutors, special education |
24 | | teachers, pupil support staff teachers, English learner |
25 | | teachers, extended day teachers, and summer school |
26 | | teachers. Where specific grade data is not required for |
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1 | | the Essential Elements, the average salary for |
2 | | corresponding positions shall apply. For substitute |
3 | | teachers, the average teacher salary for grades K through |
4 | | 12 shall apply. |
5 | | For calculating the salaries included within the |
6 | | Essential Elements for positions not included within EIS |
7 | | Data, the following salaries shall be used in the first |
8 | | year of implementation of Evidence-Based Funding: |
9 | | (i) school site staff, $30,000; and |
10 | | (ii) non-instructional assistant, instructional |
11 | | assistant, library aide, library media tech, or |
12 | | supervisory aide: $25,000. |
13 | | In the second and subsequent years of implementation |
14 | | of Evidence-Based Funding, the amounts in items (i) and |
15 | | (ii) of this paragraph (3) shall annually increase by the |
16 | | ECI. |
17 | | The salary amounts for the Essential Elements |
18 | | determined pursuant to subparagraphs (A) through (L), (S) |
19 | | and (T), and (V) through (X) of paragraph (2) of |
20 | | subsection (b) of this Section shall be multiplied by a |
21 | | Regionalization Factor. |
22 | | (c) Local Capacity calculation. |
23 | | (1) Each Organizational Unit's Local Capacity |
24 | | represents an amount of funding it is assumed to |
25 | | contribute toward its Adequacy Target for purposes of the |
26 | | Evidence-Based Funding formula calculation. "Local |
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1 | | Capacity" means either (i) the Organizational Unit's Local |
2 | | Capacity Target as calculated in accordance with paragraph |
3 | | (2) of this subsection (c) if its Real Receipts are equal |
4 | | to or less than its Local Capacity Target or (ii) the |
5 | | Organizational Unit's Adjusted Local Capacity, as |
6 | | calculated in accordance with paragraph (3) of this |
7 | | subsection (c) if Real Receipts are more than its Local |
8 | | Capacity Target. |
9 | | (2) "Local Capacity Target" means, for an |
10 | | Organizational Unit, that dollar amount that is obtained |
11 | | by multiplying its Adequacy Target by its Local Capacity |
12 | | Ratio. |
13 | | (A) An Organizational Unit's Local Capacity |
14 | | Percentage is the conversion of the Organizational |
15 | | Unit's Local Capacity Ratio, as such ratio is |
16 | | determined in accordance with subparagraph (B) of this |
17 | | paragraph (2), into a cumulative distribution |
18 | | resulting in a percentile ranking to determine each |
19 | | Organizational Unit's relative position to all other |
20 | | Organizational Units in this State. The calculation of |
21 | | Local Capacity Percentage is described in subparagraph |
22 | | (C) of this paragraph (2). |
23 | | (B) An Organizational Unit's Local Capacity Ratio |
24 | | in a given year is the percentage obtained by dividing |
25 | | its Adjusted EAV or PTELL EAV, whichever is less, by |
26 | | its Adequacy Target, with the resulting ratio further |
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1 | | adjusted as follows: |
2 | | (i) for Organizational Units serving grades |
3 | | kindergarten through 12 and Hybrid Districts, no |
4 | | further adjustments shall be made; |
5 | | (ii) for Organizational Units serving grades |
6 | | kindergarten through 8, the ratio shall be |
7 | | multiplied by 9/13; |
8 | | (iii) for Organizational Units serving grades |
9 | | 9 through 12, the Local Capacity Ratio shall be |
10 | | multiplied by 4/13; and |
11 | | (iv) for an Organizational Unit with a |
12 | | different grade configuration than those specified |
13 | | in items (i) through (iii) of this subparagraph |
14 | | (B), the State Superintendent shall determine a |
15 | | comparable adjustment based on the grades served. |
16 | | (C) The Local Capacity Percentage is equal to the |
17 | | percentile ranking of the district. Local Capacity |
18 | | Percentage converts each Organizational Unit's Local |
19 | | Capacity Ratio to a cumulative distribution resulting |
20 | | in a percentile ranking to determine each |
21 | | Organizational Unit's relative position to all other |
22 | | Organizational Units in this State. The Local Capacity |
23 | | Percentage cumulative distribution resulting in a |
24 | | percentile ranking for each Organizational Unit shall |
25 | | be calculated using the standard normal distribution |
26 | | of the score in relation to the weighted mean and |
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1 | | weighted standard deviation and Local Capacity Ratios |
2 | | of all Organizational Units. If the value assigned to |
3 | | any Organizational Unit is in excess of 90%, the value |
4 | | shall be adjusted to 90%. For Laboratory Schools, the |
5 | | Local Capacity Percentage shall be set at 10% in |
6 | | recognition of the absence of EAV and resources from |
7 | | the public university that are allocated to the |
8 | | Laboratory School. For a regional office of education |
9 | | or an intermediate service center operating one or |
10 | | more alternative education programs, the Local |
11 | | Capacity Percentage must be set at 10% in recognition |
12 | | of the absence of EAV and resources from school |
13 | | districts that are allocated to the regional office of |
14 | | education or intermediate service center. The weighted |
15 | | mean for the Local Capacity Percentage shall be |
16 | | determined by multiplying each Organizational Unit's |
17 | | Local Capacity Ratio times the ASE for the unit |
18 | | creating a weighted value, summing the weighted values |
19 | | of all Organizational Units, and dividing by the total |
20 | | ASE of all Organizational Units. The weighted standard |
21 | | deviation shall be determined by taking the square |
22 | | root of the weighted variance of all Organizational |
23 | | Units' Local Capacity Ratio, where the variance is |
24 | | calculated by squaring the difference between each |
25 | | unit's Local Capacity Ratio and the weighted mean, |
26 | | then multiplying the variance for each unit times the |
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1 | | ASE for the unit to create a weighted variance for each |
2 | | unit, then summing all units' weighted variance and |
3 | | dividing by the total ASE of all units. |
4 | | (D) For any Organizational Unit, the |
5 | | Organizational Unit's Adjusted Local Capacity Target |
6 | | shall be reduced by either (i) the school board's |
7 | | remaining contribution pursuant to paragraph (ii) of |
8 | | subsection (b-4) of Section 16-158 of the Illinois |
9 | | Pension Code in a given year or (ii) the board of |
10 | | education's remaining contribution pursuant to |
11 | | paragraph (iv) of subsection (b) of Section 17-129 of |
12 | | the Illinois Pension Code absent the employer normal |
13 | | cost portion of the required contribution and amount |
14 | | allowed pursuant to subdivision (3) of Section |
15 | | 17-142.1 of the Illinois Pension Code in a given year. |
16 | | In the preceding sentence, item (i) shall be certified |
17 | | to the State Board of Education by the Teachers' |
18 | | Retirement System of the State of Illinois and item |
19 | | (ii) shall be certified to the State Board of |
20 | | Education by the Public School Teachers' Pension and |
21 | | Retirement Fund of the City of Chicago. |
22 | | (3) If an Organizational Unit's Real Receipts are more |
23 | | than its Local Capacity Target, then its Local Capacity |
24 | | shall equal an Adjusted Local Capacity Target as |
25 | | calculated in accordance with this paragraph (3). The |
26 | | Adjusted Local Capacity Target is calculated as the sum of |
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1 | | the Organizational Unit's Local Capacity Target and its |
2 | | Real Receipts Adjustment. The Real Receipts Adjustment |
3 | | equals the Organizational Unit's Real Receipts less its |
4 | | Local Capacity Target, with the resulting figure |
5 | | multiplied by the Local Capacity Percentage. |
6 | | As used in this paragraph (3), "Real Percent of |
7 | | Adequacy" means the sum of an Organizational Unit's Real |
8 | | Receipts, CPPRT, and Base Funding Minimum, with the |
9 | | resulting figure divided by the Organizational Unit's |
10 | | Adequacy Target. |
11 | | (d) Calculation of Real Receipts, EAV, and Adjusted EAV |
12 | | for purposes of the Local Capacity calculation. |
13 | | (1) An Organizational Unit's Real Receipts are the |
14 | | product of its Applicable Tax Rate and its Adjusted EAV. |
15 | | An Organizational Unit's Applicable Tax Rate is its |
16 | | Adjusted Operating Tax Rate for property within the |
17 | | Organizational Unit. |
18 | | (2) The State Superintendent shall calculate the |
19 | | equalized assessed valuation, or EAV, of all taxable |
20 | | property of each Organizational Unit as of September 30 of |
21 | | the previous year in accordance with paragraph (3) of this |
22 | | subsection (d). The State Superintendent shall then |
23 | | determine the Adjusted EAV of each Organizational Unit in |
24 | | accordance with paragraph (4) of this subsection (d), |
25 | | which Adjusted EAV figure shall be used for the purposes |
26 | | of calculating Local Capacity. |
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1 | | (3) To calculate Real Receipts and EAV, the Department |
2 | | of Revenue shall supply to the State Superintendent the |
3 | | value as equalized or assessed by the Department of |
4 | | Revenue of all taxable property of every Organizational |
5 | | Unit, together with (i) the applicable tax rate used in |
6 | | extending taxes for the funds of the Organizational Unit |
7 | | as of September 30 of the previous year and (ii) the |
8 | | limiting rate for all Organizational Units subject to |
9 | | property tax extension limitations as imposed under PTELL. |
10 | | (A) The Department of Revenue shall add to the |
11 | | equalized assessed value of all taxable property of |
12 | | each Organizational Unit situated entirely or |
13 | | partially within a county that is or was subject to the |
14 | | provisions of Section 15-176 or 15-177 of the Property |
15 | | Tax Code (i) an amount equal to the total amount by |
16 | | which the homestead exemption allowed under Section |
17 | | 15-176 or 15-177 of the Property Tax Code for real |
18 | | property situated in that Organizational Unit exceeds |
19 | | the total amount that would have been allowed in that |
20 | | Organizational Unit if the maximum reduction under |
21 | | Section 15-176 was (I) $4,500 in Cook County or $3,500 |
22 | | in all other counties in tax year 2003 or (II) $5,000 |
23 | | in all counties in tax year 2004 and thereafter and |
24 | | (ii) an amount equal to the aggregate amount for the |
25 | | taxable year of all additional exemptions under |
26 | | Section 15-175 of the Property Tax Code for owners |
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1 | | with a household income of $30,000 or less. The county |
2 | | clerk of any county that is or was subject to the |
3 | | provisions of Section 15-176 or 15-177 of the Property |
4 | | Tax Code shall annually calculate and certify to the |
5 | | Department of Revenue for each Organizational Unit all |
6 | | homestead exemption amounts under Section 15-176 or |
7 | | 15-177 of the Property Tax Code and all amounts of |
8 | | additional exemptions under Section 15-175 of the |
9 | | Property Tax Code for owners with a household income |
10 | | of $30,000 or less. It is the intent of this |
11 | | subparagraph (A) that if the general homestead |
12 | | exemption for a parcel of property is determined under |
13 | | Section 15-176 or 15-177 of the Property Tax Code |
14 | | rather than Section 15-175, then the calculation of |
15 | | EAV shall not be affected by the difference, if any, |
16 | | between the amount of the general homestead exemption |
17 | | allowed for that parcel of property under Section |
18 | | 15-176 or 15-177 of the Property Tax Code and the |
19 | | amount that would have been allowed had the general |
20 | | homestead exemption for that parcel of property been |
21 | | determined under Section 15-175 of the Property Tax |
22 | | Code. It is further the intent of this subparagraph |
23 | | (A) that if additional exemptions are allowed under |
24 | | Section 15-175 of the Property Tax Code for owners |
25 | | with a household income of less than $30,000, then the |
26 | | calculation of EAV shall not be affected by the |
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1 | | difference, if any, because of those additional |
2 | | exemptions. |
3 | | (B) With respect to any part of an Organizational |
4 | | Unit within a redevelopment project area in respect to |
5 | | which a municipality has adopted tax increment |
6 | | allocation financing pursuant to the Tax Increment |
7 | | Allocation Redevelopment Act, Division 74.4 of Article |
8 | | 11 of the Illinois Municipal Code, or the Industrial |
9 | | Jobs Recovery Law, Division 74.6 of Article 11 of the |
10 | | Illinois Municipal Code, no part of the current EAV of |
11 | | real property located in any such project area that is |
12 | | attributable to an increase above the total initial |
13 | | EAV of such property shall be used as part of the EAV |
14 | | of the Organizational Unit, until such time as all |
15 | | redevelopment project costs have been paid, as |
16 | | provided in Section 11-74.4-8 of the Tax Increment |
17 | | Allocation Redevelopment Act or in Section 11-74.6-35 |
18 | | of the Industrial Jobs Recovery Law. For the purpose |
19 | | of the EAV of the Organizational Unit, the total |
20 | | initial EAV or the current EAV, whichever is lower, |
21 | | shall be used until such time as all redevelopment |
22 | | project costs have been paid. |
23 | | (B-5) The real property equalized assessed |
24 | | valuation for a school district shall be adjusted by |
25 | | subtracting from the real property value, as equalized |
26 | | or assessed by the Department of Revenue, for the |
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1 | | district an amount computed by dividing the amount of |
2 | | any abatement of taxes under Section 18-170 of the |
3 | | Property Tax Code by 3.00% for a district maintaining |
4 | | grades kindergarten through 12, by 2.30% for a |
5 | | district maintaining grades kindergarten through 8, or |
6 | | by 1.05% for a district maintaining grades 9 through |
7 | | 12 and adjusted by an amount computed by dividing the |
8 | | amount of any abatement of taxes under subsection (a) |
9 | | of Section 18-165 of the Property Tax Code by the same |
10 | | percentage rates for district type as specified in |
11 | | this subparagraph (B-5). |
12 | | (C) For Organizational Units that are Hybrid |
13 | | Districts, the State Superintendent shall use the |
14 | | lesser of the adjusted equalized assessed valuation |
15 | | for property within the partial elementary unit |
16 | | district for elementary purposes, as defined in |
17 | | Article 11E of this Code, or the adjusted equalized |
18 | | assessed valuation for property within the partial |
19 | | elementary unit district for high school purposes, as |
20 | | defined in Article 11E of this Code. |
21 | | (D) If a school district's boundaries span |
22 | | multiple counties, then the Department of Revenue |
23 | | shall send to the State Board, for the purposes of |
24 | | calculating Evidence-Based Funding, the limiting rate |
25 | | and individual rates by purpose for the county that |
26 | | contains the majority of the school district's |
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1 | | equalized assessed valuation. |
2 | | (4) An Organizational Unit's Adjusted EAV shall be the |
3 | | average of its EAV over the immediately preceding 3 years |
4 | | or the lesser of its EAV in the immediately preceding year |
5 | | or the average of its EAV over the immediately preceding 3 |
6 | | years if the EAV in the immediately preceding year has |
7 | | declined by 10% or more when comparing the 2 most recent |
8 | | years. In the event of Organizational Unit reorganization, |
9 | | consolidation, or annexation, the Organizational Unit's |
10 | | Adjusted EAV for the first 3 years after such change shall |
11 | | be as follows: the most current EAV shall be used in the |
12 | | first year, the average of a 2-year EAV or its EAV in the |
13 | | immediately preceding year if the EAV declines by 10% or |
14 | | more when comparing the 2 most recent years for the second |
15 | | year, and the lesser of a 3-year average EAV or its EAV in |
16 | | the immediately preceding year if the Adjusted EAV |
17 | | declines by 10% or more when comparing the 2 most recent |
18 | | years for the third year. For any school district whose |
19 | | EAV in the immediately preceding year is used in |
20 | | calculations, in the following year, the Adjusted EAV |
21 | | shall be the average of its EAV over the immediately |
22 | | preceding 2 years or the immediately preceding year if |
23 | | that year represents a decline of 10% or more when |
24 | | comparing the 2 most recent years. |
25 | | "PTELL EAV" means a figure calculated by the State |
26 | | Board for Organizational Units subject to PTELL as |
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1 | | described in this paragraph (4) for the purposes of |
2 | | calculating an Organizational Unit's Local Capacity Ratio. |
3 | | Except as otherwise provided in this paragraph (4), the |
4 | | PTELL EAV of an Organizational Unit shall be equal to the |
5 | | product of the equalized assessed valuation last used in |
6 | | the calculation of general State aid under Section 18-8.05 |
7 | | of this Code (now repealed) or Evidence-Based Funding |
8 | | under this Section and the Organizational Unit's Extension |
9 | | Limitation Ratio. If an Organizational Unit has approved |
10 | | or does approve an increase in its limiting rate, pursuant |
11 | | to Section 18-190 of the Property Tax Code, affecting the |
12 | | Base Tax Year, the PTELL EAV shall be equal to the product |
13 | | of the equalized assessed valuation last used in the |
14 | | calculation of general State aid under Section 18-8.05 of |
15 | | this Code (now repealed) or Evidence-Based Funding under |
16 | | this Section multiplied by an amount equal to one plus the |
17 | | percentage increase, if any, in the Consumer Price Index |
18 | | for All Urban Consumers for all items published by the |
19 | | United States Department of Labor for the 12-month |
20 | | calendar year preceding the Base Tax Year, plus the |
21 | | equalized assessed valuation of new property, annexed |
22 | | property, and recovered tax increment value and minus the |
23 | | equalized assessed valuation of disconnected property. |
24 | | As used in this paragraph (4), "new property" and |
25 | | "recovered tax increment value" shall have the meanings |
26 | | set forth in the Property Tax Extension Limitation Law. |
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1 | | (e) Base Funding Minimum calculation. |
2 | | (1) For the 2017-2018 school year, the Base Funding |
3 | | Minimum of an Organizational Unit or a Specially Funded |
4 | | Unit shall be the amount of State funds distributed to the |
5 | | Organizational Unit or Specially Funded Unit during the |
6 | | 2016-2017 school year prior to any adjustments and |
7 | | specified appropriation amounts described in this |
8 | | paragraph (1) from the following Sections, as calculated |
9 | | by the State Superintendent: Section 18-8.05 of this Code |
10 | | (now repealed); Section 5 of Article 224 of Public Act |
11 | | 99-524 (equity grants); Section 14-7.02b of this Code |
12 | | (funding for children requiring special education |
13 | | services); Section 14-13.01 of this Code (special |
14 | | education facilities and staffing), except for |
15 | | reimbursement of the cost of transportation pursuant to |
16 | | Section 14-13.01; Section 14C-12 of this Code (English |
17 | | learners); and Section 18-4.3 of this Code (summer |
18 | | school), based on an appropriation level of $13,121,600. |
19 | | For a school district organized under Article 34 of this |
20 | | Code, the Base Funding Minimum also includes (i) the funds |
21 | | allocated to the school district pursuant to Section 1D-1 |
22 | | of this Code attributable to funding programs authorized |
23 | | by the Sections of this Code listed in the preceding |
24 | | sentence and (ii) the difference between (I) the funds |
25 | | allocated to the school district pursuant to Section 1D-1 |
26 | | of this Code attributable to the funding programs |
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1 | | authorized by Section 14-7.02 (non-public special |
2 | | education reimbursement), subsection (b) of Section |
3 | | 14-13.01 (special education transportation), Section 29-5 |
4 | | (transportation), Section 2-3.80 (agricultural |
5 | | education), Section 2-3.66 (truants' alternative |
6 | | education), Section 2-3.62 (educational service centers), |
7 | | and Section 14-7.03 (special education - orphanage) of |
8 | | this Code and Section 15 of the Childhood Hunger Relief |
9 | | Act (free breakfast program) and (II) the school |
10 | | district's actual expenditures for its non-public special |
11 | | education, special education transportation, |
12 | | transportation programs, agricultural education, truants' |
13 | | alternative education, services that would otherwise be |
14 | | performed by a regional office of education, special |
15 | | education orphanage expenditures, and free breakfast, as |
16 | | most recently calculated and reported pursuant to |
17 | | subsection (f) of Section 1D-1 of this Code. The Base |
18 | | Funding Minimum for Glenwood Academy shall be $952,014. |
19 | | For programs operated by a regional office of education or |
20 | | an intermediate service center, the Base Funding Minimum |
21 | | must be the total amount of State funds allocated to those |
22 | | programs in the 2018-2019 school year and amounts provided |
23 | | pursuant to Article 34 of Public Act 100-586 and Section |
24 | | 3-16 of this Code. All programs established after June 5, |
25 | | 2019 (the effective date of Public Act 101-10) and |
26 | | administered by a regional office of education or an |
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1 | | intermediate service center must have an initial Base |
2 | | Funding Minimum set to an amount equal to the first-year |
3 | | ASE multiplied by the amount of per pupil funding received |
4 | | in the previous school year by the lowest funded similar |
5 | | existing program type. If the enrollment for a program |
6 | | operated by a regional office of education or an |
7 | | intermediate service center is zero, then it may not |
8 | | receive Base Funding Minimum funds for that program in the |
9 | | next fiscal year, and those funds must be distributed to |
10 | | Organizational Units under subsection (g). |
11 | | (2) For the 2018-2019 and subsequent school years, the |
12 | | Base Funding Minimum of Organizational Units and Specially |
13 | | Funded Units shall be the sum of (i) the amount of |
14 | | Evidence-Based Funding for the prior school year, (ii) the |
15 | | Base Funding Minimum for the prior school year, and (iii) |
16 | | any amount received by a school district pursuant to |
17 | | Section 7 of Article 97 of Public Act 100-21. |
18 | | For the 2022-2023 school year, the Base Funding |
19 | | Minimum of Organizational Units shall be the amounts |
20 | | recalculated by the State Board of Education for Fiscal |
21 | | Year 2019 through Fiscal Year 2022 that were necessary due |
22 | | to average student enrollment errors for districts |
23 | | organized under Article 34 of this Code, plus the Fiscal |
24 | | Year 2022 property tax relief grants provided under |
25 | | Section 2-3.170 of this Code, ensuring each Organizational |
26 | | Unit has the correct amount of resources for Fiscal Year |
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1 | | 2023 Evidence-Based Funding calculations and that Fiscal |
2 | | Year 2023 Evidence-Based Funding Distributions are made in |
3 | | accordance with this Section. |
4 | | (3) Subject to approval by the General Assembly as |
5 | | provided in this paragraph (3), an Organizational Unit |
6 | | that meets all of the following criteria, as determined by |
7 | | the State Board, shall have District Intervention Money |
8 | | added to its Base Funding Minimum at the time the Base |
9 | | Funding Minimum is calculated by the State Board: |
10 | | (A) The Organizational Unit is operating under an |
11 | | Independent Authority under Section 2-3.25f-5 of this |
12 | | Code for a minimum of 4 school years or is subject to |
13 | | the control of the State Board pursuant to a court |
14 | | order for a minimum of 4 school years. |
15 | | (B) The Organizational Unit was designated as a |
16 | | Tier 1 or Tier 2 Organizational Unit in the previous |
17 | | school year under paragraph (3) of subsection (g) of |
18 | | this Section. |
19 | | (C) The Organizational Unit demonstrates |
20 | | sustainability through a 5-year financial and |
21 | | strategic plan. |
22 | | (D) The Organizational Unit has made sufficient |
23 | | progress and achieved sufficient stability in the |
24 | | areas of governance, academic growth, and finances. |
25 | | As part of its determination under this paragraph (3), |
26 | | the State Board may consider the Organizational Unit's |
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1 | | summative designation, any accreditations of the |
2 | | Organizational Unit, or the Organizational Unit's |
3 | | financial profile, as calculated by the State Board. |
4 | | If the State Board determines that an Organizational |
5 | | Unit has met the criteria set forth in this paragraph (3), |
6 | | it must submit a report to the General Assembly, no later |
7 | | than January 2 of the fiscal year in which the State Board |
8 | | makes it determination, on the amount of District |
9 | | Intervention Money to add to the Organizational Unit's |
10 | | Base Funding Minimum. The General Assembly must review the |
11 | | State Board's report and may approve or disapprove, by |
12 | | joint resolution, the addition of District Intervention |
13 | | Money. If the General Assembly fails to act on the report |
14 | | within 40 calendar days from the receipt of the report, |
15 | | the addition of District Intervention Money is deemed |
16 | | approved. If the General Assembly approves the amount of |
17 | | District Intervention Money to be added to the |
18 | | Organizational Unit's Base Funding Minimum, the District |
19 | | Intervention Money must be added to the Base Funding |
20 | | Minimum annually thereafter. |
21 | | For the first 4 years following the initial year that |
22 | | the State Board determines that an Organizational Unit has |
23 | | met the criteria set forth in this paragraph (3) and has |
24 | | received funding under this Section, the Organizational |
25 | | Unit must annually submit to the State Board, on or before |
26 | | November 30, a progress report regarding its financial and |
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1 | | strategic plan under subparagraph (C) of this paragraph |
2 | | (3). The plan shall include the financial data from the |
3 | | past 4 annual financial reports or financial audits that |
4 | | must be presented to the State Board by November 15 of each |
5 | | year and the approved budget financial data for the |
6 | | current year. The plan shall be developed according to the |
7 | | guidelines presented to the Organizational Unit by the |
8 | | State Board. The plan shall further include financial |
9 | | projections for the next 3 fiscal years and include a |
10 | | discussion and financial summary of the Organizational |
11 | | Unit's facility needs. If the Organizational Unit does not |
12 | | demonstrate sufficient progress toward its 5-year plan or |
13 | | if it has failed to file an annual financial report, an |
14 | | annual budget, a financial plan, a deficit reduction plan, |
15 | | or other financial information as required by law, the |
16 | | State Board may establish a Financial Oversight Panel |
17 | | under Article 1H of this Code. However, if the |
18 | | Organizational Unit already has a Financial Oversight |
19 | | Panel, the State Board may extend the duration of the |
20 | | Panel. |
21 | | (f) Percent of Adequacy and Final Resources calculation. |
22 | | (1) The Evidence-Based Funding formula establishes a |
23 | | Percent of Adequacy for each Organizational Unit in order |
24 | | to place such units into tiers for the purposes of the |
25 | | funding distribution system described in subsection (g) of |
26 | | this Section. Initially, an Organizational Unit's |
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1 | | Preliminary Resources and Preliminary Percent of Adequacy |
2 | | are calculated pursuant to paragraph (2) of this |
3 | | subsection (f). Then, an Organizational Unit's Final |
4 | | Resources and Final Percent of Adequacy are calculated to |
5 | | account for the Organizational Unit's poverty |
6 | | concentration levels pursuant to paragraphs (3) and (4) of |
7 | | this subsection (f). |
8 | | (2) An Organizational Unit's Preliminary Resources are |
9 | | equal to the sum of its Local Capacity Target, CPPRT, and |
10 | | Base Funding Minimum. An Organizational Unit's Preliminary |
11 | | Percent of Adequacy is the lesser of (i) its Preliminary |
12 | | Resources divided by its Adequacy Target or (ii) 100%. |
13 | | (3) Except for Specially Funded Units, an |
14 | | Organizational Unit's Final Resources are equal to the sum |
15 | | of its Local Capacity, CPPRT, and Adjusted Base Funding |
16 | | Minimum. The Base Funding Minimum of each Specially Funded |
17 | | Unit shall serve as its Final Resources, except that the |
18 | | Base Funding Minimum for State-approved charter schools |
19 | | shall not include any portion of general State aid |
20 | | allocated in the prior year based on the per capita |
21 | | tuition charge times the charter school enrollment. |
22 | | (4) An Organizational Unit's Final Percent of Adequacy |
23 | | is its Final Resources divided by its Adequacy Target. An |
24 | | Organizational Unit's Adjusted Base Funding Minimum is |
25 | | equal to its Base Funding Minimum less its Supplemental |
26 | | Grant Funding, with the resulting figure added to the |
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1 | | product of its Supplemental Grant Funding and Preliminary |
2 | | Percent of Adequacy. |
3 | | (g) Evidence-Based Funding formula distribution system. |
4 | | (1) In each school year under the Evidence-Based |
5 | | Funding formula, each Organizational Unit receives funding |
6 | | equal to the sum of its Base Funding Minimum and the unit's |
7 | | allocation of New State Funds determined pursuant to this |
8 | | subsection (g). To allocate New State Funds, the |
9 | | Evidence-Based Funding formula distribution system first |
10 | | places all Organizational Units into one of 4 tiers in |
11 | | accordance with paragraph (3) of this subsection (g), |
12 | | based on the Organizational Unit's Final Percent of |
13 | | Adequacy. New State Funds are allocated to each of the 4 |
14 | | tiers as follows: Tier 1 Aggregate Funding equals 50% of |
15 | | all New State Funds, Tier 2 Aggregate Funding equals 49% |
16 | | of all New State Funds, Tier 3 Aggregate Funding equals |
17 | | 0.9% of all New State Funds, and Tier 4 Aggregate Funding |
18 | | equals 0.1% of all New State Funds. Each Organizational |
19 | | Unit within Tier 1 or Tier 2 receives an allocation of New |
20 | | State Funds equal to its tier Funding Gap, as defined in |
21 | | the following sentence, multiplied by the tier's |
22 | | Allocation Rate determined pursuant to paragraph (4) of |
23 | | this subsection (g). For Tier 1, an Organizational Unit's |
24 | | Funding Gap equals the tier's Target Ratio, as specified |
25 | | in paragraph (5) of this subsection (g), multiplied by the |
26 | | Organizational Unit's Adequacy Target, with the resulting |
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1 | | amount reduced by the Organizational Unit's Final |
2 | | Resources. For Tier 2, an Organizational Unit's Funding |
3 | | Gap equals the tier's Target Ratio, as described in |
4 | | paragraph (5) of this subsection (g), multiplied by the |
5 | | Organizational Unit's Adequacy Target, with the resulting |
6 | | amount reduced by the Organizational Unit's Final |
7 | | Resources and its Tier 1 funding allocation. To determine |
8 | | the Organizational Unit's Funding Gap, the resulting |
9 | | amount is then multiplied by a factor equal to one minus |
10 | | the Organizational Unit's Local Capacity Target |
11 | | percentage. Each Organizational Unit within Tier 3 or Tier |
12 | | 4 receives an allocation of New State Funds equal to the |
13 | | product of its Adequacy Target and the tier's Allocation |
14 | | Rate, as specified in paragraph (4) of this subsection |
15 | | (g). |
16 | | (2) To ensure equitable distribution of dollars for |
17 | | all Tier 2 Organizational Units, no Tier 2 Organizational |
18 | | Unit shall receive fewer dollars per ASE than any Tier 3 |
19 | | Organizational Unit. Each Tier 2 and Tier 3 Organizational |
20 | | Unit shall have its funding allocation divided by its ASE. |
21 | | Any Tier 2 Organizational Unit with a funding allocation |
22 | | per ASE below the greatest Tier 3 allocation per ASE shall |
23 | | get a funding allocation equal to the greatest Tier 3 |
24 | | funding allocation per ASE multiplied by the |
25 | | Organizational Unit's ASE. Each Tier 2 Organizational |
26 | | Unit's Tier 2 funding allocation shall be multiplied by |
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1 | | the percentage calculated by dividing the original Tier 2 |
2 | | Aggregate Funding by the sum of all Tier 2 Organizational |
3 | | Units' Tier 2 funding allocation after adjusting |
4 | | districts' funding below Tier 3 levels. |
5 | | (3) Organizational Units are placed into one of 4 |
6 | | tiers as follows: |
7 | | (A) Tier 1 consists of all Organizational Units, |
8 | | except for Specially Funded Units, with a Percent of |
9 | | Adequacy less than the Tier 1 Target Ratio. The Tier 1 |
10 | | Target Ratio is the ratio level that allows for Tier 1 |
11 | | Aggregate Funding to be distributed, with the Tier 1 |
12 | | Allocation Rate determined pursuant to paragraph (4) |
13 | | of this subsection (g). |
14 | | (B) Tier 2 consists of all Tier 1 Units and all |
15 | | other Organizational Units, except for Specially |
16 | | Funded Units, with a Percent of Adequacy of less than |
17 | | 0.90. |
18 | | (C) Tier 3 consists of all Organizational Units, |
19 | | except for Specially Funded Units, with a Percent of |
20 | | Adequacy of at least 0.90 and less than 1.0. |
21 | | (D) Tier 4 consists of all Organizational Units |
22 | | with a Percent of Adequacy of at least 1.0. |
23 | | (4) The Allocation Rates for Tiers 1 through 4 are |
24 | | determined as follows: |
25 | | (A) The Tier 1 Allocation Rate is 30%. |
26 | | (B) The Tier 2 Allocation Rate is the result of the |
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1 | | following equation: Tier 2 Aggregate Funding, divided |
2 | | by the sum of the Funding Gaps for all Tier 2 |
3 | | Organizational Units, unless the result of such |
4 | | equation is higher than 1.0. If the result of such |
5 | | equation is higher than 1.0, then the Tier 2 |
6 | | Allocation Rate is 1.0. |
7 | | (C) The Tier 3 Allocation Rate is the result of the |
8 | | following equation: Tier 3 Aggregate Funding, divided |
9 | | by the sum of the Adequacy Targets of all Tier 3 |
10 | | Organizational Units. |
11 | | (D) The Tier 4 Allocation Rate is the result of the |
12 | | following equation: Tier 4 Aggregate Funding, divided |
13 | | by the sum of the Adequacy Targets of all Tier 4 |
14 | | Organizational Units. |
15 | | (5) A tier's Target Ratio is determined as follows: |
16 | | (A) The Tier 1 Target Ratio is the ratio level that |
17 | | allows for Tier 1 Aggregate Funding to be distributed |
18 | | with the Tier 1 Allocation Rate. |
19 | | (B) The Tier 2 Target Ratio is 0.90. |
20 | | (C) The Tier 3 Target Ratio is 1.0. |
21 | | (6) If, at any point, the Tier 1 Target Ratio is |
22 | | greater than 90%, then all Tier 1 funding shall be |
23 | | allocated to Tier 2 and no Tier 1 Organizational Unit's |
24 | | funding may be identified. |
25 | | (7) In the event that all Tier 2 Organizational Units |
26 | | receive funding at the Tier 2 Target Ratio level, any |
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1 | | remaining New State Funds shall be allocated to Tier 3 and |
2 | | Tier 4 Organizational Units. |
3 | | (8) If any Specially Funded Units, excluding Glenwood |
4 | | Academy, recognized by the State Board do not qualify for |
5 | | direct funding following the implementation of Public Act |
6 | | 100-465 from any of the funding sources included within |
7 | | the definition of Base Funding Minimum, the unqualified |
8 | | portion of the Base Funding Minimum shall be transferred |
9 | | to one or more appropriate Organizational Units as |
10 | | determined by the State Superintendent based on the prior |
11 | | year ASE of the Organizational Units. |
12 | | (8.5) If a school district withdraws from a special |
13 | | education cooperative, the portion of the Base Funding |
14 | | Minimum that is attributable to the school district may be |
15 | | redistributed to the school district upon withdrawal. The |
16 | | school district and the cooperative must include the |
17 | | amount of the Base Funding Minimum that is to be |
18 | | reapportioned in their withdrawal agreement and notify the |
19 | | State Board of the change with a copy of the agreement upon |
20 | | withdrawal. |
21 | | (9) The Minimum Funding Level is intended to establish |
22 | | a target for State funding that will keep pace with |
23 | | inflation and continue to advance equity through the |
24 | | Evidence-Based Funding formula. The target for State |
25 | | funding of New Property Tax Relief Pool Funds is |
26 | | $50,000,000 for State fiscal year 2019 and subsequent |
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1 | | State fiscal years. The Minimum Funding Level is equal to |
2 | | $350,000,000. In addition to any New State Funds, no more |
3 | | than $50,000,000 New Property Tax Relief Pool Funds may be |
4 | | counted toward the Minimum Funding Level. If the sum of |
5 | | New State Funds and applicable New Property Tax Relief |
6 | | Pool Funds are less than the Minimum Funding Level, than |
7 | | funding for tiers shall be reduced in the following |
8 | | manner: |
9 | | (A) First, Tier 4 funding shall be reduced by an |
10 | | amount equal to the difference between the Minimum |
11 | | Funding Level and New State Funds until such time as |
12 | | Tier 4 funding is exhausted. |
13 | | (B) Next, Tier 3 funding shall be reduced by an |
14 | | amount equal to the difference between the Minimum |
15 | | Funding Level and New State Funds and the reduction in |
16 | | Tier 4 funding until such time as Tier 3 funding is |
17 | | exhausted. |
18 | | (C) Next, Tier 2 funding shall be reduced by an |
19 | | amount equal to the difference between the Minimum |
20 | | Funding Level and New State Funds and the reduction in |
21 | | Tier 4 and Tier 3. |
22 | | (D) Finally, Tier 1 funding shall be reduced by an |
23 | | amount equal to the difference between the Minimum |
24 | | Funding level and New State Funds and the reduction in |
25 | | Tier 2, 3, and 4 funding. In addition, the Allocation |
26 | | Rate for Tier 1 shall be reduced to a percentage equal |
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1 | | to the Tier 1 Allocation Rate set by paragraph (4) of |
2 | | this subsection (g), multiplied by the result of New |
3 | | State Funds divided by the Minimum Funding Level. |
4 | | (9.5) For State fiscal year 2019 and subsequent State |
5 | | fiscal years, except State fiscal year 2026, if New State |
6 | | Funds exceed $300,000,000, then any amount in excess of |
7 | | $300,000,000 shall be dedicated for purposes of Section |
8 | | 2-3.170 of this Code up to a maximum of $50,000,000. |
9 | | (10) In the event of a decrease in the amount of the |
10 | | appropriation for this Section in any fiscal year after |
11 | | implementation of this Section, the Organizational Units |
12 | | receiving Tier 1 and Tier 2 funding, as determined under |
13 | | paragraph (3) of this subsection (g), shall be held |
14 | | harmless by establishing a Base Funding Guarantee equal to |
15 | | the per pupil kindergarten through grade 12 funding |
16 | | received in accordance with this Section in the prior |
17 | | fiscal year. Reductions shall be made to the Base Funding |
18 | | Minimum of Organizational Units in Tier 3 and Tier 4 on a |
19 | | per pupil basis equivalent to the total number of the ASE |
20 | | in Tier 3-funded and Tier 4-funded Organizational Units |
21 | | divided by the total reduction in State funding. The Base |
22 | | Funding Minimum as reduced shall continue to be applied to |
23 | | Tier 3 and Tier 4 Organizational Units and adjusted by the |
24 | | relative formula when increases in appropriations for this |
25 | | Section resume. In no event may State funding reductions |
26 | | to Organizational Units in Tier 3 or Tier 4 exceed an |
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1 | | amount that would be less than the Base Funding Minimum |
2 | | established in the first year of implementation of this |
3 | | Section. If additional reductions are required, all school |
4 | | districts shall receive a reduction by a per pupil amount |
5 | | equal to the aggregate additional appropriation reduction |
6 | | divided by the total ASE of all Organizational Units. |
7 | | (11) The State Superintendent shall make minor |
8 | | adjustments to the distribution formula set forth in this |
9 | | subsection (g) to account for the rounding of percentages |
10 | | to the nearest tenth of a percentage and dollar amounts to |
11 | | the nearest whole dollar. |
12 | | (h) State Superintendent administration of funding and |
13 | | district submission requirements. |
14 | | (1) The State Superintendent shall, in accordance with |
15 | | appropriations made by the General Assembly, meet the |
16 | | funding obligations created under this Section. |
17 | | (2) The State Superintendent shall calculate the |
18 | | Adequacy Target for each Organizational Unit under this |
19 | | Section. No Evidence-Based Funding shall be distributed |
20 | | within an Organizational Unit without the approval of the |
21 | | unit's school board. |
22 | | (3) Annually, the State Superintendent shall calculate |
23 | | and report to each Organizational Unit the unit's |
24 | | aggregate financial adequacy amount, which shall be the |
25 | | sum of the Adequacy Target for each Organizational Unit. |
26 | | The State Superintendent shall calculate and report |
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1 | | separately for each Organizational Unit the unit's total |
2 | | State funds allocated for its students with disabilities. |
3 | | The State Superintendent shall calculate and report |
4 | | separately for each Organizational Unit the amount of |
5 | | funding and applicable FTE calculated for each Essential |
6 | | Element of the unit's Adequacy Target. |
7 | | (4) Annually, the State Superintendent shall calculate |
8 | | and report to each Organizational Unit the amount the unit |
9 | | must expend on special education and bilingual education |
10 | | and computer technology and equipment for Organizational |
11 | | Units assigned to Tier 1 or Tier 2 that received an |
12 | | additional $285.50 per student computer technology and |
13 | | equipment investment grant to their Adequacy Target |
14 | | pursuant to the unit's Base Funding Minimum, Special |
15 | | Education Allocation, Bilingual Education Allocation, and |
16 | | computer technology and equipment investment allocation. |
17 | | (5) Moneys distributed under this Section shall be |
18 | | calculated on a school year basis, but paid on a fiscal |
19 | | year basis, with payments beginning in August and |
20 | | extending through June. Unless otherwise provided, the |
21 | | moneys appropriated for each fiscal year shall be |
22 | | distributed in 22 equal payments at least 2 times monthly |
23 | | to each Organizational Unit. If moneys appropriated for |
24 | | any fiscal year are distributed other than monthly, the |
25 | | distribution shall be on the same basis for each |
26 | | Organizational Unit. |
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1 | | (6) Any school district that fails, for any given |
2 | | school year, to maintain school as required by law or to |
3 | | maintain a recognized school is not eligible to receive |
4 | | Evidence-Based Funding. In case of non-recognition of one |
5 | | or more attendance centers in a school district otherwise |
6 | | operating recognized schools, the claim of the district |
7 | | shall be reduced in the proportion that the enrollment in |
8 | | the attendance center or centers bears to the enrollment |
9 | | of the school district. "Recognized school" means any |
10 | | public school that meets the standards for recognition by |
11 | | the State Board. A school district or attendance center |
12 | | not having recognition status at the end of a school term |
13 | | is entitled to receive State aid payments due upon a legal |
14 | | claim that was filed while it was recognized. |
15 | | (7) School district claims filed under this Section |
16 | | are subject to Sections 18-9 and 18-12 of this Code, |
17 | | except as otherwise provided in this Section. |
18 | | (8) Each fiscal year, the State Superintendent shall |
19 | | calculate for each Organizational Unit an amount of its |
20 | | Base Funding Minimum and Evidence-Based Funding that shall |
21 | | be deemed attributable to the provision of special |
22 | | educational facilities and services, as defined in Section |
23 | | 14-1.08 of this Code, in a manner that ensures compliance |
24 | | with maintenance of State financial support requirements |
25 | | under the federal Individuals with Disabilities Education |
26 | | Act. An Organizational Unit must use such funds only for |
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1 | | the provision of special educational facilities and |
2 | | services, as defined in Section 14-1.08 of this Code, and |
3 | | must comply with any expenditure verification procedures |
4 | | adopted by the State Board. |
5 | | (9) All Organizational Units in this State must submit |
6 | | annual spending plans, as part of the budget submission |
7 | | process, no later than October 31 of each year to the State |
8 | | Board. The spending plan shall describe how each |
9 | | Organizational Unit will utilize the Base Funding Minimum |
10 | | and Evidence-Based Funding it receives from this State |
11 | | under this Section with specific identification of the |
12 | | intended utilization of Low-Income, English learner, and |
13 | | special education resources. Additionally, the annual |
14 | | spending plans of each Organizational Unit shall describe |
15 | | how the Organizational Unit expects to achieve student |
16 | | growth and how the Organizational Unit will achieve State |
17 | | education goals, as defined by the State Board, and shall |
18 | | indicate which stakeholder groups the Organizational Unit |
19 | | engaged with to inform its annual spending plans. The |
20 | | State Superintendent may, from time to time, identify |
21 | | additional requisites for Organizational Units to satisfy |
22 | | when compiling the annual spending plans required under |
23 | | this subsection (h). The format and scope of annual |
24 | | spending plans shall be developed by the State |
25 | | Superintendent and the State Board of Education. School |
26 | | districts that serve students under Article 14C of this |
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1 | | Code shall continue to submit information as required |
2 | | under Section 14C-12 of this Code. Annual spending plans |
3 | | required under this subsection (h) shall be integrated |
4 | | into annual school district budgets completed pursuant to |
5 | | Section 17-1 or Section 34-43. Organizational Units that |
6 | | do not submit a budget to the State Board shall be provided |
7 | | with a separate planning template developed by the State |
8 | | Board. The State Board shall create an Evidence-Based |
9 | | Funding spending plan tool to make Evidence-Based Funding |
10 | | spending plan data for each Organizational Unit available |
11 | | on the State Board's website no later than December 31, |
12 | | 2025, with annual updates thereafter. The tool shall allow |
13 | | for the selection and review of each Organizational Unit's |
14 | | planned use of Evidence-Based Funding. |
15 | | (10) No later than January 1, 2018, the State |
16 | | Superintendent shall develop a 5-year strategic plan for |
17 | | all Organizational Units to help in planning for adequacy |
18 | | funding under this Section. The State Superintendent shall |
19 | | submit the plan to the Governor and the General Assembly, |
20 | | as provided in Section 3.1 of the General Assembly |
21 | | Organization Act. The plan shall include recommendations |
22 | | for: |
23 | | (A) a framework for collaborative, professional, |
24 | | innovative, and 21st century learning environments |
25 | | using the Evidence-Based Funding model; |
26 | | (B) ways to prepare and support this State's |
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1 | | educators for successful instructional careers; |
2 | | (C) application and enhancement of the current |
3 | | financial accountability measures, the approved State |
4 | | plan to comply with the federal Every Student Succeeds |
5 | | Act, and the Illinois Balanced Accountability Measures |
6 | | in relation to student growth and elements of the |
7 | | Evidence-Based Funding model; and |
8 | | (D) implementation of an effective school adequacy |
9 | | funding system based on projected and recommended |
10 | | funding levels from the General Assembly. |
11 | | (11) On an annual basis, the State Superintendent must |
12 | | recalibrate all of the following per pupil elements of the |
13 | | Adequacy Target and applied to the formulas, based on the |
14 | | study of average expenses and as reported in the most |
15 | | recent annual financial report: |
16 | | (A) Gifted under subparagraph (M) of paragraph (2) |
17 | | of subsection (b). |
18 | | (B) Instructional materials under subparagraph (O) |
19 | | of paragraph (2) of subsection (b). |
20 | | (C) Assessment under subparagraph (P) of paragraph |
21 | | (2) of subsection (b). |
22 | | (D) Student activities under subparagraph (R) of |
23 | | paragraph (2) of subsection (b). |
24 | | (E) Maintenance and operations under subparagraph |
25 | | (S) of paragraph (2) of subsection (b). |
26 | | (F) Central office under subparagraph (T) of |
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1 | | paragraph (2) of subsection (b). |
2 | | (i) Professional Review Panel. |
3 | | (1) A Professional Review Panel is created to study |
4 | | and review topics related to the implementation and effect |
5 | | of Evidence-Based Funding, as assigned by a joint |
6 | | resolution or Public Act of the General Assembly or a |
7 | | motion passed by the State Board of Education. The Panel |
8 | | must provide recommendations to and serve the Governor, |
9 | | the General Assembly, and the State Board. The State |
10 | | Superintendent or his or her designee must serve as a |
11 | | voting member and chairperson of the Panel. The State |
12 | | Superintendent must appoint a vice chairperson from the |
13 | | membership of the Panel. The Panel must advance |
14 | | recommendations based on a three-fifths majority vote of |
15 | | Panel members present and voting. A minority opinion may |
16 | | also accompany any recommendation of the Panel. The Panel |
17 | | shall be appointed by the State Superintendent, except as |
18 | | otherwise provided in paragraph (2) of this subsection (i) |
19 | | and include the following members: |
20 | | (A) Two appointees that represent district |
21 | | superintendents, recommended by a statewide |
22 | | organization that represents district superintendents. |
23 | | (B) Two appointees that represent school boards, |
24 | | recommended by a statewide organization that |
25 | | represents school boards. |
26 | | (C) Two appointees from districts that represent |
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1 | | school business officials, recommended by a statewide |
2 | | organization that represents school business |
3 | | officials. |
4 | | (D) Two appointees that represent school |
5 | | principals, recommended by a statewide organization |
6 | | that represents school principals. |
7 | | (E) Two appointees that represent teachers, |
8 | | recommended by a statewide organization that |
9 | | represents teachers. |
10 | | (F) Two appointees that represent teachers, |
11 | | recommended by another statewide organization that |
12 | | represents teachers. |
13 | | (G) Two appointees that represent regional |
14 | | superintendents of schools, recommended by |
15 | | organizations that represent regional superintendents. |
16 | | (H) Two independent experts selected solely by the |
17 | | State Superintendent. |
18 | | (I) Two independent experts recommended by public |
19 | | universities in this State. |
20 | | (J) One member recommended by a statewide |
21 | | organization that represents parents. |
22 | | (K) Two representatives recommended by collective |
23 | | impact organizations that represent major metropolitan |
24 | | areas or geographic areas in Illinois. |
25 | | (L) One member from a statewide organization |
26 | | focused on research-based education policy to support |
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1 | | a school system that prepares all students for |
2 | | college, a career, and democratic citizenship. |
3 | | (M) One representative from a school district |
4 | | organized under Article 34 of this Code. |
5 | | The State Superintendent shall ensure that the |
6 | | membership of the Panel includes representatives from |
7 | | school districts and communities reflecting the |
8 | | geographic, socio-economic, racial, and ethnic diversity |
9 | | of this State. The State Superintendent shall additionally |
10 | | ensure that the membership of the Panel includes |
11 | | representatives with expertise in bilingual education and |
12 | | special education. Staff from the State Board shall staff |
13 | | the Panel. |
14 | | (2) In addition to those Panel members appointed by |
15 | | the State Superintendent, 4 members of the General |
16 | | Assembly shall be appointed as follows: one member of the |
17 | | House of Representatives appointed by the Speaker of the |
18 | | House of Representatives, one member of the Senate |
19 | | appointed by the President of the Senate, one member of |
20 | | the House of Representatives appointed by the Minority |
21 | | Leader of the House of Representatives, and one member of |
22 | | the Senate appointed by the Minority Leader of the Senate. |
23 | | There shall be one additional member appointed by the |
24 | | Governor. All members appointed by legislative leaders or |
25 | | the Governor shall be non-voting, ex officio members. |
26 | | (3) The Panel must study topics at the direction of |
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1 | | the General Assembly or State Board of Education, as |
2 | | provided under paragraph (1). The Panel may also study the |
3 | | following topics at the direction of the chairperson: |
4 | | (A) The format and scope of annual spending plans |
5 | | referenced in paragraph (9) of subsection (h) of this |
6 | | Section. |
7 | | (B) The Comparable Wage Index under this Section. |
8 | | (C) Maintenance and operations, including capital |
9 | | maintenance and construction costs. |
10 | | (D) "At-risk student" definition. |
11 | | (E) Benefits. |
12 | | (F) Technology. |
13 | | (G) Local Capacity Target. |
14 | | (H) Funding for Alternative Schools, Laboratory |
15 | | Schools, safe schools, and alternative learning |
16 | | opportunities programs. |
17 | | (I) Funding for college and career acceleration |
18 | | strategies. |
19 | | (J) Special education investments. |
20 | | (K) Early childhood investments, in collaboration |
21 | | with the Illinois Early Learning Council. |
22 | | (4) (Blank). |
23 | | (5) Within 5 years after the implementation of this |
24 | | Section, and every 5 years thereafter, the Panel shall |
25 | | complete an evaluative study of the entire Evidence-Based |
26 | | Funding model, including an assessment of whether or not |
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1 | | the formula is achieving State goals. The Panel shall |
2 | | report to the State Board, the General Assembly, and the |
3 | | Governor on the findings of the study. |
4 | | (6) (Blank). |
5 | | (7) To ensure that (i) the Adequacy Target calculation |
6 | | under subsection (b) accurately reflects the needs of |
7 | | students living in poverty or attending schools located in |
8 | | areas of high poverty, (ii) racial equity within the |
9 | | Evidence-Based Funding formula is explicitly explored and |
10 | | advanced, and (iii) the funding goals of the formula |
11 | | distribution system established under this Section are |
12 | | sufficient to provide adequate funding for every student |
13 | | and to fully fund every school in this State, the Panel |
14 | | shall review the Essential Elements under paragraph (2) of |
15 | | subsection (b). The Panel shall consider all of the |
16 | | following in its review: |
17 | | (A) The financial ability of school districts to |
18 | | provide instruction in a foreign language to every |
19 | | student and whether an additional Essential Element |
20 | | should be added to the formula to ensure that every |
21 | | student has access to instruction in a foreign |
22 | | language. |
23 | | (B) The adult-to-student ratio for each Essential |
24 | | Element in which a ratio is identified. The Panel |
25 | | shall consider whether the ratio accurately reflects |
26 | | the staffing needed to support students living in |
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1 | | poverty or who have traumatic backgrounds. |
2 | | (C) Changes to the Essential Elements that may be |
3 | | required to better promote racial equity and eliminate |
4 | | structural racism within schools. |
5 | | (D) The impact of investing $350,000,000 in |
6 | | additional funds each year under this Section and an |
7 | | estimate of when the school system will become fully |
8 | | funded under this level of appropriation. |
9 | | (E) Provide an overview of alternative funding |
10 | | structures that would enable the State to become fully |
11 | | funded at an earlier date. |
12 | | (F) The potential to increase efficiency and to |
13 | | find cost savings within the school system to expedite |
14 | | the journey to a fully funded system. |
15 | | (G) The appropriate levels for reenrolling and |
16 | | graduating high-risk high school students who have |
17 | | been previously out of school. These outcomes shall |
18 | | include enrollment, attendance, skill gains, credit |
19 | | gains, graduation or promotion to the next grade |
20 | | level, and the transition to college, training, or |
21 | | employment, with an emphasis on progressively |
22 | | increasing the overall attendance. |
23 | | (H) The evidence-based or research-based practices |
24 | | that are shown to reduce the gaps and disparities |
25 | | experienced by African American students in academic |
26 | | achievement and educational performance, including |
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1 | | practices that have been shown to reduce disparities |
2 | | in disciplinary rates, drop-out rates, graduation |
3 | | rates, college matriculation rates, and college |
4 | | completion rates. |
5 | | On or before December 31, 2021, the Panel shall report |
6 | | to the State Board, the General Assembly, and the Governor |
7 | | on the findings of its review. This paragraph (7) is |
8 | | inoperative on and after July 1, 2022. |
9 | | (8) On or before April 1, 2024, the Panel must submit a |
10 | | report to the General Assembly on annual adjustments to |
11 | | Glenwood Academy's base-funding minimum in a similar |
12 | | fashion to school districts under this Section. |
13 | | (j) References. Beginning July 1, 2017, references in |
14 | | other laws to general State aid funds or calculations under |
15 | | Section 18-8.05 of this Code (now repealed) shall be deemed to |
16 | | be references to evidence-based model formula funds or |
17 | | calculations under this Section. |
18 | | (Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21; |
19 | | 102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff. |
20 | | 1-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8, |
21 | | eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23; |
22 | | 103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff. |
23 | | 1-1-25; revised 11-26-24.)
|
24 | | ARTICLE 45.
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1 | | Section 45-5. The Illinois Public Aid Code is amended by |
2 | | changing Sections 5-5.7a and 5H-1 and by adding Sections 5-61 |
3 | | and 5A-18 as follows:
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4 | | (305 ILCS 5/5-5.7a) |
5 | | Sec. 5-5.7a. Pandemic related stability payments for |
6 | | health care providers. Notwithstanding other provisions of |
7 | | law, and in accordance with the Illinois Emergency Management |
8 | | Agency, the Department of Healthcare and Family Services shall |
9 | | develop a process to distribute pandemic related stability |
10 | | payments, from federal sources dedicated for such purposes, to |
11 | | health care providers that are providing care to recipients |
12 | | under the Medical Assistance Program. For provider types |
13 | | serving residents who are recipients of medical assistance |
14 | | under this Code and are funded by other State agencies, the |
15 | | Department will coordinate the distribution process of the |
16 | | pandemic related stability payments. Federal sources dedicated |
17 | | to pandemic related payments include, but are not limited to, |
18 | | funds distributed to the State of Illinois from the |
19 | | Coronavirus Relief Fund pursuant to the Coronavirus Aid, |
20 | | Relief, and Economic Security Act ("CARES Act") and from the |
21 | | Coronavirus State Fiscal Recovery Fund pursuant to Section |
22 | | 9901 of the American Rescue Plan Act of 2021, that are |
23 | | appropriated to the Department during Fiscal Years 2020, 2021, |
24 | | and 2022 for purposes permitted by those federal laws and |
25 | | related federal guidance. |
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1 | | (1) Pandemic related stability payments for these |
2 | | providers shall be separate and apart from any rate |
3 | | methodology otherwise defined in this Code to the extent |
4 | | permitted in accordance with Section 5001 of the CARES Act |
5 | | and Section 9901 of the American Rescue Plan Act of 2021 |
6 | | and any related federal guidance. |
7 | | (2) Payments made from moneys received from the |
8 | | Coronavirus Relief Fund shall be used exclusively for |
9 | | expenses incurred by the providers that are eligible for |
10 | | reimbursement from the Coronavirus Relief Fund in |
11 | | accordance with Section 5001 of the CARES Act and related |
12 | | federal guidance. Payments made from moneys received from |
13 | | the Coronavirus State Fiscal Recovery Fund shall be used |
14 | | exclusively for purposes permitted by Section 9901 of the |
15 | | American Rescue Plan Act of 2021 and related federal |
16 | | guidance. |
17 | | (3) All providers receiving pandemic related stability |
18 | | payments shall attest in a format to be created by the |
19 | | Department and be able to demonstrate that their expenses |
20 | | are pandemic related, were not part of their annual |
21 | | budgets established before March 1, 2020. |
22 | | (4) Pandemic related stability payments will be |
23 | | distributed based on a schedule and framework to be |
24 | | established by the Department with recognition of the |
25 | | pandemic related acuity of the situation for each |
26 | | provider, taking into account the factors including, but |
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1 | | not limited to, the following: |
2 | | (A) the impact of the pandemic on patients served, |
3 | | impact on staff, and shortages of the personal |
4 | | protective equipment necessary for infection control |
5 | | efforts for all providers; |
6 | | (B) COVID-19 positivity rates among staff, or |
7 | | patients, or both; |
8 | | (C) pandemic related workforce challenges and |
9 | | costs associated with temporary wage increases |
10 | | associated with pandemic related hazard pay programs, |
11 | | or costs associated with which providers do not have |
12 | | enough staff to adequately provide care and protection |
13 | | to the residents and other staff; |
14 | | (D) providers with significant reductions in |
15 | | utilization that result in corresponding reductions in |
16 | | revenue as a result of the pandemic, including, but |
17 | | not limited to, the cancellation or postponement of |
18 | | elective procedures and visits; |
19 | | (E) pandemic related payments received directly by |
20 | | the providers through other federal resources; |
21 | | (F) current efforts to respond to and provide |
22 | | services to communities disproportionately impacted by |
23 | | the COVID-19 public health emergency, including |
24 | | low-income and socially vulnerable communities that |
25 | | have seen the most severe health impacts and |
26 | | exacerbated health inequities along racial, ethnic, |
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1 | | and socioeconomic lines; and |
2 | | (G) provider needs for capital improvements to |
3 | | existing facilities, including upgrades to HVAC and |
4 | | ventilation systems and capital improvements for |
5 | | enhancing infection control or reducing crowding, |
6 | | which may include bed-buybacks. |
7 | | (5) Pandemic related stability payments made from |
8 | | moneys received from the Coronavirus Relief Fund will be |
9 | | distributed to providers based on a methodology to be |
10 | | administered by the Department with amounts determined by |
11 | | a calculation of total federal pandemic related funds |
12 | | appropriated by the Illinois General Assembly for this |
13 | | purpose. Providers receiving the pandemic related |
14 | | stability payments will attest to their increased costs, |
15 | | declining revenues, and receipt of additional pandemic |
16 | | related funds directly from the federal government. |
17 | | (6) Of the payments provided for by this Section made |
18 | | from moneys received from the Coronavirus Relief Fund, a |
19 | | minimum of 30% shall be allotted for health care providers |
20 | | that serve the ZIP codes located in the most |
21 | | disproportionately impacted areas of Illinois, based on |
22 | | positive COVID-19 cases based on data collected by the |
23 | | Department of Public Health and provided to the Department |
24 | | of Healthcare and Family Services. |
25 | | (7) From funds appropriated, directly or indirectly, |
26 | | from moneys received by the State from the Coronavirus |
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1 | | State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, |
2 | | the Department shall expend such funds only for purposes |
3 | | permitted by Section 9901 of the American Rescue Plan Act |
4 | | of 2021 and related federal guidance. Such expenditures |
5 | | may include, but are not limited to: payments to providers |
6 | | for costs incurred due to the COVID-19 public health |
7 | | emergency; unreimbursed costs for testing and treatment of |
8 | | uninsured Illinois residents; costs of COVID-19 mitigation |
9 | | and prevention; medical expenses related to aftercare or |
10 | | extended care for COVID-19 patients with longer term |
11 | | symptoms and effects; costs of behavioral health care; |
12 | | costs of public health and safety staff; and expenditures |
13 | | permitted in order to address (i) disparities in public |
14 | | health outcomes, (ii) nursing and other essential health |
15 | | care workforce investments, (iii) exacerbation of |
16 | | pre-existing disparities, and (iv) promoting healthy |
17 | | childhood environments. |
18 | | (8) From funds appropriated, directly or indirectly, |
19 | | from moneys received by the State from the Coronavirus |
20 | | State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, |
21 | | the Department shall establish a program for making |
22 | | payments to long term care service providers and |
23 | | facilities, for purposes related to financial support for |
24 | | workers in the long term care industry, but only as |
25 | | permitted by either the CARES Act or Section 9901 of the |
26 | | American Rescue Plan Act of 2021 and related federal |
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1 | | guidance, including, but not limited to the following: |
2 | | monthly amounts of $25,000,000 per month for July 2021, |
3 | | August 2021, and September 2021 where at least 50% of the |
4 | | funds in July shall be passed directly to front line |
5 | | workers and an additional 12.5% more in each of the next 2 |
6 | | months; financial support programs for providers enhancing |
7 | | direct care staff recruitment efforts through the payment |
8 | | of education expenses; and financial support programs for |
9 | | providers offering enhanced and expanded training for all |
10 | | levels of the long term care healthcare workforce to |
11 | | achieve better patient outcomes, such as training on |
12 | | infection control, proper personal protective equipment, |
13 | | best practices in quality of care, and culturally |
14 | | competent patient communications. The Department shall |
15 | | have the authority to audit and potentially recoup funds |
16 | | not utilized as outlined and attested. Subject to |
17 | | appropriation from the State Coronavirus Urgent |
18 | | Remediation Emergency Fund, during Fiscal Year 2026, the |
19 | | Department may make expenditures as provided in this |
20 | | paragraph to eligible providers that did not receive |
21 | | payments in prior fiscal years. |
22 | | (8.5) From funds appropriated, directly or indirectly, |
23 | | from moneys received by the State from the Coronavirus |
24 | | State Fiscal Recovery Fund, the Department shall establish |
25 | | a grant program to provide premium pay and retention |
26 | | incentives to front line workers at facilities licensed by |
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1 | | the Department of Public Health under the Nursing Home |
2 | | Care Act as skilled nursing facilities or intermediate |
3 | | care facilities. |
4 | | (A) Awards pursuant to this program shall comply |
5 | | with the requirements of Section 9901 of the American |
6 | | Rescue Plan Act of 2021 and all related federal |
7 | | guidance. Awards shall be scaled based on a process |
8 | | determined by the Department. The amount awarded to |
9 | | each recipient shall not exceed $3.17 per nursing |
10 | | hour. Awards shall be for eligible expenditures |
11 | | incurred no earlier than May 1, 2022 and no later than |
12 | | June 30, 2023. |
13 | | (B) Financial assistance under this paragraph |
14 | | (8.5) shall be expended for: |
15 | | (i) premium pay for eligible workers, which |
16 | | must be in addition to any wages or remuneration |
17 | | the eligible worker has already received and shall |
18 | | be subject to the other requirements and |
19 | | limitations set forth in the American Rescue Plan |
20 | | Act of 2021 and related federal guidance; and |
21 | | (ii) retention incentives paid to eligible |
22 | | workers that are necessary for the facility to |
23 | | respond to the impacts of the public health |
24 | | emergency. |
25 | | (C) Upon receipt of funds, recipients shall |
26 | | distribute funds such that eligible workers receive an |
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1 | | amount up to $13 per hour but no more than $25,000 for |
2 | | the duration of the program. Recipients shall provide |
3 | | a written certification to the Department |
4 | | acknowledging compliance with this paragraph. |
5 | | (D) No portion of these funds shall be spent on |
6 | | volunteer or temporary staff, and these funds shall |
7 | | not be used to make retroactive premium payments |
8 | | before April 19, 2022, ( the effective date of Public |
9 | | Act 102-699) this amendatory Act of the 102nd General |
10 | | Assembly . |
11 | | (E) The Department shall require each recipient |
12 | | under this paragraph to submit appropriate |
13 | | documentation acknowledging compliance with State and |
14 | | federal law. For purposes of this paragraph, "eligible |
15 | | worker" means a permanent staff member, regardless of |
16 | | union affiliation, of a facility licensed by the |
17 | | Department of Public Health under the Nursing Home |
18 | | Care Act as a skilled nursing facility or intermediate |
19 | | care facility engaged in "essential work", as defined |
20 | | by Section 9901 of the American Rescue Plan Act of 2021 |
21 | | and related federal guidance, and (1) whose total pay |
22 | | is below 150% of the average annual wage for all |
23 | | occupations in the worker's county of residence, as |
24 | | defined by the Bureau of Labor Statistics Occupational |
25 | | Employment and Wage Statistics, or (2) is not exempt |
26 | | from the federal Fair Labor Standards Act overtime |
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1 | | provisions. |
2 | | (9) From funds appropriated, directly or indirectly, |
3 | | from moneys received by the State from the Coronavirus |
4 | | State Fiscal Recovery Fund for Fiscal Years 2022 through |
5 | | 2024 the Department shall establish programs for making |
6 | | payments to facilities licensed under the Nursing Home |
7 | | Care Act and facilities licensed under the Specialized |
8 | | Mental Health Rehabilitation Act of 2013. Subject to |
9 | | appropriation from the State Coronavirus Urgent |
10 | | Remediation Emergency Fund, during Fiscal Year 2026 only, |
11 | | the Department may make expenditures as provided in this |
12 | | paragraph to eligible facilities that did not receive |
13 | | payments in prior fiscal years. To the extent permitted by |
14 | | Section 9901 of the American Rescue Plan Act of 2021 and |
15 | | related federal guidance, the programs shall provide: |
16 | | (A) Payments for making permanent improvements to |
17 | | resident rooms in order to improve resident outcomes |
18 | | and infection control. Funds may be used to reduce bed |
19 | | capacity and room occupancy. To be eligible for |
20 | | funding, a facility must submit an application to the |
21 | | Department as prescribed by the Department and as |
22 | | published on its website. A facility may need to |
23 | | receive approval from the Health Facilities and |
24 | | Services Review Board for the permanent improvements |
25 | | or the removal of the beds before it can receive |
26 | | payment under this paragraph. |
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1 | | (B) Payments to reimburse facilities licensed by |
2 | | the Department of Public Health under the Nursing Home |
3 | | Care Act as skilled nursing facilities or intermediate |
4 | | care facilities for eligible expenses related to the |
5 | | public health impacts of the COVID-19 public health |
6 | | emergency, including, but not limited to, costs |
7 | | related to COVID-19 testing for residents, COVID-19 |
8 | | prevention and treatment equipment, medical supplies, |
9 | | and personal protective equipment. |
10 | | (i) Awards made pursuant to this program shall |
11 | | comply with the requirements of Section 9901 of |
12 | | the American Rescue Plan Act of 2021 and all |
13 | | related federal guidance. The amount awarded to |
14 | | each recipient shall not exceed $1.71 per nursing |
15 | | hour. Permissible expenditures must be made no |
16 | | earlier than May 1, 2022 and no later than June 30, |
17 | | 2023. |
18 | | (ii) Financial assistance pursuant to this |
19 | | paragraph shall not be expended for premium pay. |
20 | | (iii) The Department shall require each |
21 | | recipient under this paragraph to submit |
22 | | appropriate documentation acknowledging |
23 | | compliance with State and federal law. |
24 | | (Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21; |
25 | | 102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
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1 | | (305 ILCS 5/5-61 new) |
2 | | Sec. 5-61. Advance payment reporting. Notwithstanding any |
3 | | provision of State law to the contrary, the Department of |
4 | | Healthcare and Family Services shall provide notice to the |
5 | | Director of the Governor's Office of Management and Budget, or |
6 | | the Director's designee, prior to making, causing to be made, |
7 | | or agreeing to make, pursuant to the rules of the Department of |
8 | | Healthcare and Family Services, any advance payment to any |
9 | | hospital pursuant to this Article. |
10 | | By July 31, 2025, the Department of Healthcare and Family |
11 | | Services shall provide to the Director of the Governor's |
12 | | Office of Management and Budget, or the Director's designee, a |
13 | | report of advance payments made to hospitals during State |
14 | | fiscal year 2025. By August 29, 2025, and by the last business |
15 | | day of each month thereafter, the Department of Healthcare and |
16 | | Family Services shall provide to the Director of the |
17 | | Governor's Office of Management and Budget, or the Director's |
18 | | designee, a report of advance payments made to hospitals |
19 | | during the preceding calendar month. Reports of advance |
20 | | payments shall identify the following: |
21 | | (1) name of the hospital; |
22 | | (2) date of the advance payment; |
23 | | (3) advance payment amount requested; |
24 | | (4) advance payment amount approved; |
25 | | (5) basis for the advance payment request and basis of |
26 | | approval; and |
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1 | | (6) repayment date, if applicable.
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2 | | (305 ILCS 5/5A-18 new) |
3 | | Sec. 5A-18. Advance payment reporting. Notwithstanding any |
4 | | provision of State law to the contrary, the Department of |
5 | | Healthcare and Family Services shall provide notice to the |
6 | | Director of the Governor's Office of Management and Budget, or |
7 | | the Director's designee, prior to making, causing to be made, |
8 | | or agreeing to make, pursuant to the rules of the Department of |
9 | | Healthcare and Family Services, any advance payment to any |
10 | | hospital pursuant to this Article. |
11 | | By July 31, 2025, the Department of Healthcare and Family |
12 | | Services shall provide to the Director of the Governor's |
13 | | Office of Management and Budget, or the Director's designee, a |
14 | | report of advance payments made to hospitals during State |
15 | | fiscal year 2025. By August 29, 2025, and by the last business |
16 | | day of each month thereafter, the Department of Healthcare and |
17 | | Family Services shall provide to the Director of the |
18 | | Governor's Office of Management and Budget, or the Director's |
19 | | designee, a report of advance payments made to hospitals |
20 | | during the preceding calendar month. Reports of advance |
21 | | payments shall identify the following: |
22 | | (1) name of the hospital; |
23 | | (2) date of the advance payment; |
24 | | (3) advance payment amount requested; |
25 | | (4) advance payment amount approved; |
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1 | | (5) basis for the advance payment request and basis of |
2 | | approval; and |
3 | | (6) repayment date, if applicable.
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4 | | (305 ILCS 5/5H-1) |
5 | | Sec. 5H-1. Definitions. As used in this Article: |
6 | | "Base year" means the 12-month period from January 1, 2023 |
7 | | to December 31, 2023. |
8 | | "Department" means the Department of Healthcare and Family |
9 | | Services. |
10 | | "Federal employee health benefit" means the program of |
11 | | health benefits plans, as defined in 5 U.S.C. 8901, available |
12 | | to federal employees under 5 U.S.C. 8901 to 8914. |
13 | | "Fund" means the Healthcare Provider Relief Fund. |
14 | | "Managed care organization" means an entity operating |
15 | | under a certificate of authority issued pursuant to the Health |
16 | | Maintenance Organization Act or as a Managed Care Community |
17 | | Network pursuant to Section 5-11 of this Code. |
18 | | "Medicaid managed care organization" means a managed care |
19 | | organization under contract with the Department to provide |
20 | | services to recipients of benefits in the medical assistance |
21 | | program pursuant to Article V of this Code, the Children's |
22 | | Health Insurance Program Act, or the Covering ALL KIDS Health |
23 | | Insurance Act. It does not include contracts the same entity |
24 | | or an affiliated entity has for other business. |
25 | | "Medicare" means the federal Medicare program established |
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1 | | under Title XVIII of the federal Social Security Act. |
2 | | "Member months" means the aggregate total number of months |
3 | | all individuals are enrolled for coverage in a Managed Care |
4 | | Organization during the base year. Member months are |
5 | | determined by the Department for Medicaid Managed Care |
6 | | Organizations based on enrollment data in its Medicaid |
7 | | Management Information System and by the Department of |
8 | | Insurance for other Managed Care Organizations based on |
9 | | required filings with the Department of Insurance. Member |
10 | | months do not include months individuals are enrolled in a |
11 | | Limited Health Services Organization, including stand-alone |
12 | | dental or vision plans, a Medicare Advantage Plan, a Medicare |
13 | | Supplement Plan, a Medicaid Medicare Alignment Initiate Plan |
14 | | pursuant to a Memorandum of Understanding between the |
15 | | Department and the Federal Centers for Medicare and Medicaid |
16 | | Services or a Federal Employee Health Benefits Plan. |
17 | | (Source: P.A. 102-558, eff. 8-20-21; 103-593, eff. 6-7-24.)
|
18 | | Article 50.
|
19 | | Section 50-5. The Deposit of State Moneys Act is amended |
20 | | by changing Section 22.5 as follows:
|
21 | | (15 ILCS 520/22.5) (from Ch. 130, par. 41a) |
22 | | (For force and effect of certain provisions, see Section |
23 | | 90 of P.A. 94-79) |
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1 | | Sec. 22.5. Permitted investments. The State Treasurer may |
2 | | invest and reinvest any State money in the State Treasury |
3 | | which is not needed for current expenditures due or about to |
4 | | become due, in obligations of the United States government or |
5 | | its agencies or of National Mortgage Associations established |
6 | | by or under the National Housing Act, 12 U.S.C. 1701 et seq., |
7 | | or in mortgage participation certificates representing |
8 | | undivided interests in specified, first-lien conventional |
9 | | residential Illinois mortgages that are underwritten, insured, |
10 | | guaranteed, or purchased by the Federal Home Loan Mortgage |
11 | | Corporation or in Affordable Housing Program Trust Fund Bonds |
12 | | or Notes as defined in and issued pursuant to the Illinois |
13 | | Housing Development Act. All such obligations shall be |
14 | | considered as cash and may be delivered over as cash by a State |
15 | | Treasurer to his successor. |
16 | | The State Treasurer may purchase any state bonds with any |
17 | | money in the State Treasury that has been set aside and held |
18 | | for the payment of the principal of and interest on the bonds. |
19 | | The bonds shall be considered as cash and may be delivered over |
20 | | as cash by the State Treasurer to his successor. |
21 | | The State Treasurer may invest or reinvest any State money |
22 | | in the State Treasury that is not needed for current |
23 | | expenditures due or about to become due, or any money in the |
24 | | State Treasury that has been set aside and held for the payment |
25 | | of the principal of and interest on any State bonds, in bonds |
26 | | issued by counties or municipal corporations of the State of |
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1 | | Illinois. |
2 | | The State Treasurer may invest or reinvest up to 5% of the |
3 | | College Savings Pool Administrative Trust Fund, the Illinois |
4 | | Public Treasurer Investment Pool (IPTIP) Administrative Trust |
5 | | Fund, and the State Treasurer's Administrative Fund that is |
6 | | not needed for current expenditures due or about to become |
7 | | due, in common or preferred stocks of publicly traded |
8 | | corporations, partnerships, or limited liability companies, |
9 | | organized in the United States, with assets exceeding |
10 | | $500,000,000 if: (i) the purchases do not exceed 1% of the |
11 | | corporation's or the limited liability company's outstanding |
12 | | common and preferred stock; (ii) no more than 10% of the total |
13 | | funds are invested in any one publicly traded corporation, |
14 | | partnership, or limited liability company; and (iii) the |
15 | | corporation or the limited liability company has not been |
16 | | placed on the list of restricted companies by the Illinois |
17 | | Investment Policy Board under Section 1-110.16 of the Illinois |
18 | | Pension Code. |
19 | | Whenever the total amount of vouchers presented to the |
20 | | Comptroller under Section 9 of the State Comptroller Act |
21 | | exceeds the funds available in the General Revenue Fund by |
22 | | $500,000,000 $1,000,000,000 or more, then the State Treasurer |
23 | | may invest any State money in the State Treasury, other than |
24 | | money in the General Revenue Fund, Health Insurance Reserve |
25 | | Fund, Attorney General Court Ordered and Voluntary Compliance |
26 | | Payment Projects Fund, Attorney General Whistleblower Reward |
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1 | | and Protection Fund, and Attorney General's State Projects and |
2 | | Court Ordered Distribution Fund, which is not needed for |
3 | | current expenditures, due or about to become due, or any money |
4 | | in the State Treasury which has been set aside and held for the |
5 | | payment of the principal of and the interest on any State bonds |
6 | | with the Office of the Comptroller in order to enable the |
7 | | Comptroller to pay outstanding vouchers. At any time, and from |
8 | | time to time outstanding, such investment shall not be greater |
9 | | than $2,000,000,000. Such investment shall be deposited into |
10 | | the General Revenue Fund or Health Insurance Reserve Fund as |
11 | | determined by the Comptroller. On or after July 1, 2025, and |
12 | | through June 30, 2026, at the request of the Governor and with |
13 | | the approval of the Treasurer, the Comptroller may make |
14 | | deposits into other funds in the State Treasury to pay |
15 | | outstanding vouchers or in anticipation of vouchers that may |
16 | | be submitted to the Comptroller for payment. Such investment |
17 | | shall be repaid by the Comptroller with an interest rate tied |
18 | | to the Secured Overnight Financing Rate (SOFR) London |
19 | | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an |
20 | | equivalent market established variable rate, but in no case |
21 | | shall such interest rate exceed the lesser of the penalty rate |
22 | | established under the State Prompt Payment Act or the timely |
23 | | pay interest rate under Section 368a of the Illinois Insurance |
24 | | Code. The State Treasurer and the Comptroller shall enter into |
25 | | an intergovernmental agreement to establish procedures for |
26 | | such investments, which market established variable rate to |
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1 | | which the interest rate for the investments should be tied, |
2 | | and other terms which the State Treasurer and Comptroller |
3 | | reasonably believe to be mutually beneficial concerning these |
4 | | investments by the State Treasurer. The State Treasurer and |
5 | | Comptroller shall also enter into a written agreement for each |
6 | | such investment that specifies the period of the investment, |
7 | | the payment interval, the interest rate to be paid, the funds |
8 | | in the State Treasury from which the State Treasurer will draw |
9 | | the investment, and other terms upon which the State Treasurer |
10 | | and Comptroller mutually agree. Such investment agreements |
11 | | shall be public records and the State Treasurer shall post the |
12 | | terms of all such investment agreements on the State |
13 | | Treasurer's official website. In compliance with the |
14 | | intergovernmental agreement, the Comptroller shall order and |
15 | | the State Treasurer shall transfer amounts sufficient for the |
16 | | payment of principal and interest invested by the State |
17 | | Treasurer with the Office of the Comptroller under this |
18 | | paragraph from the General Revenue Fund or the Health |
19 | | Insurance Reserve Fund or, from July 1, 2025 through June 30, |
20 | | 2026, the fund identified by the Governor, to the respective |
21 | | funds in the State Treasury from which the State Treasurer |
22 | | drew the investment. Public Act 100-1107 shall constitute an |
23 | | irrevocable and continuing authority for all amounts necessary |
24 | | for the payment of principal and interest on the investments |
25 | | made with the Office of the Comptroller by the State Treasurer |
26 | | under this paragraph, and the irrevocable and continuing |
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1 | | authority for and direction to the Comptroller and State |
2 | | Treasurer to make the necessary transfers. |
3 | | The State Treasurer may invest or reinvest any State money |
4 | | in the State Treasury that is not needed for current |
5 | | expenditure, due or about to become due, or any money in the |
6 | | State Treasury that has been set aside and held for the payment |
7 | | of the principal of and the interest on any State bonds, in any |
8 | | of the following: |
9 | | (1) Bonds, notes, certificates of indebtedness, |
10 | | Treasury bills, or other securities now or hereafter |
11 | | issued that are guaranteed by the full faith and credit of |
12 | | the United States of America as to principal and interest. |
13 | | (2) Bonds, notes, debentures, or other similar |
14 | | obligations of the United States of America, its agencies, |
15 | | and instrumentalities, or other obligations that are |
16 | | issued or guaranteed by supranational entities; provided, |
17 | | that at the time of investment, the entity has the United |
18 | | States government as a shareholder. |
19 | | (2.5) Bonds, notes, debentures, or other similar |
20 | | obligations of a foreign government, other than the |
21 | | Republic of the Sudan, that are guaranteed by the full |
22 | | faith and credit of that government as to principal and |
23 | | interest, but only if the foreign government has not |
24 | | defaulted and has met its payment obligations in a timely |
25 | | manner on all similar obligations for a period of at least |
26 | | 25 years immediately before the time of acquiring those |
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1 | | obligations. |
2 | | (3) Interest-bearing savings accounts, |
3 | | interest-bearing certificates of deposit, |
4 | | interest-bearing time deposits, or any other investments |
5 | | constituting direct obligations of any bank as defined by |
6 | | the Illinois Banking Act. |
7 | | (4) Interest-bearing accounts, certificates of |
8 | | deposit, or any other investments constituting direct |
9 | | obligations of any savings and loan associations |
10 | | incorporated under the laws of this State or any other |
11 | | state or under the laws of the United States. |
12 | | (5) Dividend-bearing share accounts, share certificate |
13 | | accounts, or class of share accounts of a credit union |
14 | | chartered under the laws of this State or the laws of the |
15 | | United States; provided, however, the principal office of |
16 | | the credit union must be located within the State of |
17 | | Illinois. |
18 | | (6) Bankers' acceptances of banks whose senior |
19 | | obligations are rated in the top 2 rating categories by 2 |
20 | | national rating agencies and maintain that rating during |
21 | | the term of the investment and the bank has not been placed |
22 | | on the list of restricted companies by the Illinois |
23 | | Investment Policy Board under Section 1-110.16 of the |
24 | | Illinois Pension Code. |
25 | | (7) Short-term obligations of either corporations or |
26 | | limited liability companies organized in the United States |
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1 | | with assets exceeding $500,000,000 if (i) the obligations |
2 | | are rated at the time of purchase at one of the 3 highest |
3 | | classifications established by at least 2 standard rating |
4 | | services and mature not later than 270 days from the date |
5 | | of purchase, (ii) the purchases do not exceed 10% of the |
6 | | corporation's or the limited liability company's |
7 | | outstanding obligations, (iii) no more than one-third of |
8 | | the public agency's funds are invested in short-term |
9 | | obligations of either corporations or limited liability |
10 | | companies, and (iv) the corporation or the limited |
11 | | liability company has not been placed on the list of |
12 | | restricted companies by the Illinois Investment Policy |
13 | | Board under Section 1-110.16 of the Illinois Pension Code. |
14 | | (7.5) Obligations of either corporations or limited |
15 | | liability companies organized in the United States, that |
16 | | have a significant presence in this State, with assets |
17 | | exceeding $500,000,000 if: (i) the obligations are rated |
18 | | at the time of purchase at one of the 3 highest |
19 | | classifications established by at least 2 standard rating |
20 | | services and mature more than 270 days, but less than 10 |
21 | | years, from the date of purchase; (ii) the purchases do |
22 | | not exceed 10% of the corporation's or the limited |
23 | | liability company's outstanding obligations; (iii) no more |
24 | | than one-third of the public agency's funds are invested |
25 | | in such obligations of corporations or limited liability |
26 | | companies; and (iv) the corporation or the limited |
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1 | | liability company has not been placed on the list of |
2 | | restricted companies by the Illinois Investment Policy |
3 | | Board under Section 1-110.16 of the Illinois Pension Code. |
4 | | (8) Money market mutual funds registered under the |
5 | | Investment Company Act of 1940. |
6 | | (9) The Public Treasurers' Investment Pool created |
7 | | under Section 17 of the State Treasurer Act or in a fund |
8 | | managed, operated, and administered by a bank. |
9 | | (10) Repurchase agreements of government securities |
10 | | having the meaning set out in the Government Securities |
11 | | Act of 1986, as now or hereafter amended or succeeded, |
12 | | subject to the provisions of that Act and the regulations |
13 | | issued thereunder. |
14 | | (11) Investments made in accordance with the |
15 | | Technology Development Act. |
16 | | (12) Investments made in accordance with the Student |
17 | | Investment Account Act. |
18 | | (13) Investments constituting direct obligations of a |
19 | | community development financial institution, which is |
20 | | certified by the United States Treasury Community |
21 | | Development Financial Institutions Fund and is operating |
22 | | in the State of Illinois. |
23 | | (14) Investments constituting direct obligations of a |
24 | | minority depository institution, as designated by the |
25 | | Federal Deposit Insurance Corporation, that is operating |
26 | | in the State of Illinois. |
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1 | | (15) Investments made in accordance with any other law |
2 | | that authorizes the State Treasurer to invest or deposit |
3 | | funds. |
4 | | For purposes of this Section, "agencies" of the United |
5 | | States Government includes: |
6 | | (i) the federal land banks, federal intermediate |
7 | | credit banks, banks for cooperatives, federal farm credit |
8 | | banks, or any other entity authorized to issue debt |
9 | | obligations under the Farm Credit Act of 1971 (12 U.S.C. |
10 | | 2001 et seq.) and Acts amendatory thereto; |
11 | | (ii) the federal home loan banks and the federal home |
12 | | loan mortgage corporation; |
13 | | (iii) the Commodity Credit Corporation; and |
14 | | (iv) any other agency created by Act of Congress. |
15 | | The State Treasurer may lend any securities acquired under |
16 | | this Act. However, securities may be lent under this Section |
17 | | only in accordance with Federal Financial Institution |
18 | | Examination Council guidelines and only if the securities are |
19 | | collateralized at a level sufficient to assure the safety of |
20 | | the securities, taking into account market value fluctuation. |
21 | | The securities may be collateralized by cash or collateral |
22 | | acceptable under Sections 11 and 11.1. |
23 | | (Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19; |
24 | | 101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff. |
25 | | 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
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1 | | Article 55.
|
2 | | Section 55-5. The Governor's Office of Management and |
3 | | Budget Act is amended by changing Section 2 and by adding |
4 | | Section 10 as follows:
|
5 | | (20 ILCS 3005/2) (from Ch. 127, par. 412) |
6 | | Sec. 2. There is created in the executive office of the |
7 | | Governor an Office to be known as the Governor's Office of |
8 | | Management and Budget. The Office shall be headed by a |
9 | | Director, who shall be appointed by the Governor. The |
10 | | functions of the Office shall be as prescribed in Sections 2.1 |
11 | | through 2.14 2.10 of this Act. |
12 | | (Source: P.A. 98-706, eff. 7-16-14.)
|
13 | | (20 ILCS 3005/10 new) |
14 | | Sec. 10. Budget Reserve for Immediate Disbursements and |
15 | | Governmental Emergencies Fund. |
16 | | (a) There is created in the State Treasury as a special |
17 | | fund the Budget Reserve for Immediate Disbursements and |
18 | | Governmental Emergencies (BRIDGE) Fund. The Fund may receive |
19 | | revenue from any authorized source, including, but not limited |
20 | | to, gifts, grants, awards, transfers, and appropriated |
21 | | deposits. Moneys in the fund shall be used to provide |
22 | | supplemental moneys for other funds held in the State Treasury |
23 | | in the event of unanticipated delays in or failures of |
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1 | | revenues when supplemental moneys are required to effectuate |
2 | | appropriations enacted by the General Assembly. |
3 | | (b) Upon the written direction of the Governor, the State |
4 | | Comptroller shall direct, and the State Treasurer shall |
5 | | transfer, specified amounts held in the BRIDGE Fund to |
6 | | specified funds in the State Treasury for expenditure pursuant |
7 | | to appropriations from funds so specified. Upon the written |
8 | | direction of the Governor, the State Comptroller shall direct, |
9 | | and the State Treasurer shall transfer, specified amounts from |
10 | | funds in the State Treasury that have received transfers from |
11 | | the BRIDGE Fund to repay, in whole or in part, amounts |
12 | | previously transferred pursuant to this subsection (b).
|
13 | | Section 55-10. The State Finance Act is amended by adding |
14 | | Sections 5.1030 and 8.57 as follows:
|
15 | | (30 ILCS 105/5.1030 new) |
16 | | Sec. 5.1030. The Budget Reserve for Immediate |
17 | | Disbursements and Governmental Emergencies Fund.
|
18 | | (30 ILCS 105/8.57 new) |
19 | | Sec. 8.57. Transfers to the BRIDGE Fund. Notwithstanding |
20 | | any other State law to the contrary, on the effective date this |
21 | | amendatory Act of the 104th General Assembly or as soon |
22 | | thereafter as is practical, but in no circumstance later than |
23 | | July 31, 2025, the State Comptroller shall direct and the |
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1 | | State Treasurer shall transfer the following amounts from the |
2 | | funds specified to the Budget Reserve for Immediate |
3 | | Disbursements and Governmental Emergencies Fund:
|
4 | | FUND NAME AMOUNT |
5 | | Open Space Lands Acquisition and |
6 | | Development Fund .............................. $10,000,000 |
7 | | DHS Community Services Fund ....................... $10,000,000 |
8 | | Insurance Producer Administration Fund ............. $3,100,000 |
9 | | Criminal Justice Information Projects Fund ......... $5,000,000 |
10 | | Compassionate Use of Medical Cannabis Fund ........ $15,000,000 |
11 | | Law Enforcement Training Fund ...................... $2,000,000 |
12 | | Tourism Promotion Fund ............................. $2,000,000 |
13 | | Cannabis Business Development Fund ................. $5,000,000 |
14 | | Insurance Financial Regulation Fund ................ $3,000,000 |
15 | | Illinois Works Fund .................................. $500,000 |
16 | | Bank and Trust Company Fund .......................... $900,000 |
17 | | DNR Special Projects Fund ............................ $830,000 |
18 | | Public Health Special State Projects Fund .......... $5,000,000 |
19 | | State Police Services Fund ........................... $700,000 |
20 | | Illinois State Medical Disciplinary Fund ............. $670,000 |
21 | | Senior Citizen Real Estate Deferred Tax |
22 | | Revolving Fund ................................. $5,000,000 |
23 | | Nursing Dedicated and Professional Fund .............. $630,000 |
24 | | Fire Prevention Fund ............................... $8,000,000 |
25 | | Energy Efficiency Trust Fund ....................... $2,000,000 |
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1 | | Natural Areas Acquisition Fund ..................... $2,000,000 |
2 | | Dram Shop Fund ..................................... $7,500,000 |
3 | | Local Tourism Fund ................................... $370,000 |
4 | | Clean Air Act Permit Fund ............................ $360,000 |
5 | | State Police Law Enforcement Administration Fund ..... $310,000 |
6 | | Metabolic Screening and Treatment Fund ............... $280,000 |
7 | | State Rail Freight Loan Repayment Fund ............... $280,000 |
8 | | Illinois State Fair Fund ............................. $270,000 |
9 | | Hazardous Waste Fund ................................. $270,000 |
10 | | Hospital Licensure Fund ............................ $1,000,000 |
11 | | International Tourism Fund ........................... $220,000 |
12 | | Real Estate License Administration Fund .............. $210,000 |
13 | | Used Tire Management Fund ............................ $210,000 |
14 | | Public Pension Regulation Fund ..................... $2,400,000 |
15 | | Cemetery Oversight Licensing and |
16 | | Disciplinary Fund ................................ $150,000 |
17 | | Subtitle D Management Fund ........................... $140,000 |
18 | | State Pheasant Fund ................................ $1,000,000 |
19 | | Horse Racing Fund .................................. $2,000,000 |
20 | | Emergency Public Health Fund ......................... $120,000 |
21 | | Feed Control Fund .................................... $120,000 |
22 | | Consumer Intervenor Compensation Fund ................ $120,000 |
23 | | Grant Accountability and Transparency Fund ........... $100,000 |
24 | | Public Health Laboratory Services Revolving Fund ..... $110,000 |
25 | | State Police Merit Board Public Safety Fund ........... $97,000 |
26 | | Environmental Protection Trust Fund ................... $86,000 |
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1 | | Illinois State Pharmacy Disciplinary Fund ............. $86,000 |
2 | | Fertilizer Control Fund ............................... $85,000 |
3 | | State Migratory Waterfowl Stamp Fund .................. $85,000 |
4 | | Illinois Health Facilities Planning Fund .............. $83,000 |
5 | | Fish and Wildlife Endowment Fund ...................... $83,000 |
6 | | Illinois Habitat Fund ................................. $75,000 |
7 | | Natural Resources Restoration Fund .................... $62,000 |
8 | | Savings Bank Regulatory Fund .......................... $58,000 |
9 | | Illinois Equity Fund .................................. $52,000 |
10 | | Historic Property Administrative Fund ................. $50,000 |
11 | | Illinois Capital Revolving Loan Fund .................. $48,000 |
12 | | Optometric Licensing and Disciplinary Board Fund ...... $47,000 |
13 | | Low-Level Radioactive Waste Facility |
14 | | Development and Operation Fund .................... $43,000
|
15 | | Article 60.
|
16 | | Section 60-5. The State Finance Act is amended by changing |
17 | | Section 5.826 as follows:
|
18 | | (30 ILCS 105/5.826) |
19 | | Sec. 5.826. The DMV Transformation Driver Services |
20 | | Administration Fund. |
21 | | (Source: P.A. 97-1157, eff. 11-28-13; 98-756, eff. 7-16-14.)
|
22 | | Section 60-10. The Illinois Vehicle Code is amended by |
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1 | | changing Sections 6-105.1 and 6-107.5 as follows:
|
2 | | (625 ILCS 5/6-105.1) |
3 | | Sec. 6-105.1. Temporary visitor's driver's license. |
4 | | (a) The Secretary of State may issue a temporary visitor's |
5 | | driver's license to a foreign national who (i) resides in this |
6 | | State, (ii) is ineligible to obtain a social security number, |
7 | | and (iii) presents to the Secretary documentation, issued by |
8 | | United States Citizenship and Immigration Services, |
9 | | authorizing the person's presence in this country. |
10 | | (a-5) The Secretary of State may issue a temporary |
11 | | visitor's driver's license to an applicant who (i) has resided |
12 | | in this State for a period in excess of one year, (ii) is |
13 | | ineligible to obtain a social security number, and (iii) is |
14 | | unable to present documentation issued by the United States |
15 | | Citizenship and Immigration Services authorizing the person's |
16 | | presence in this country. The applicant shall submit a valid |
17 | | unexpired passport from the applicant's country of citizenship |
18 | | or a valid unexpired consular identification document issued |
19 | | by a consulate of that country as defined in Section 5 of the |
20 | | Consular Identification Document Act (5 ILCS 230/5). |
21 | | (a-10) Applicants for a temporary visitor's driver's |
22 | | license who are under 18 years of age at the time of |
23 | | application shall be subject to the provisions of Sections |
24 | | 6-107 and 6-108 of this Code. |
25 | | (b) A temporary visitor's driver's license issued under |
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1 | | subsection (a) is valid for 3 years, or for the period of time |
2 | | the individual is authorized to remain in this country, |
3 | | whichever ends sooner. A temporary visitor's driver's license |
4 | | issued under subsection (a-5) shall be valid for a period of 3 |
5 | | years. |
6 | | (b-5) A temporary visitor's driver's license issued under |
7 | | this Section may not be accepted for proof of the holder's |
8 | | identity. A temporary visitor's driver's license issued under |
9 | | this Section shall contain a notice on its face, in |
10 | | capitalized letters, stating that the temporary visitor's |
11 | | driver's license may not be accepted for proof of identity. |
12 | | (c) The Secretary shall adopt rules for implementing this |
13 | | Section, including rules: |
14 | | (1) regarding the design and content of the temporary |
15 | | visitor's driver's license; |
16 | | (2) establishing criteria for proof of identification |
17 | | and residency of an individual applying under subsection |
18 | | (a-5); |
19 | | (3) designating acceptable evidence that an applicant |
20 | | is not eligible for a social security number; and |
21 | | (4) regarding the issuance of temporary visitor's |
22 | | instruction permits. |
23 | | (d) Any person to whom the Secretary of State may issue a |
24 | | temporary visitor's driver's license shall be subject to any |
25 | | and all provisions of this Code and any and all implementing |
26 | | regulations issued by the Secretary of State to the same |
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1 | | extent as any person issued a driver's license, unless |
2 | | otherwise provided in this Code or by administrative rule, |
3 | | including but not limited to the examination requirements in |
4 | | Section 6-109 as well as the mandatory insurance requirements |
5 | | and penalties set forth in Article VI of Chapter 7 of this |
6 | | Code. |
7 | | (d-5) A temporary visitor's driver's license is invalid if |
8 | | the holder is unable to provide proof of liability insurance |
9 | | as required by Section 7-601 of this Code upon the request of a |
10 | | law enforcement officer, in which case the holder commits a |
11 | | violation of Section 6-101 of this Code. |
12 | | (e) Temporary visitor's driver's licenses shall be issued |
13 | | from a central location after the Secretary of State has |
14 | | verified the information provided by the applicant. |
15 | | (f) There is created in the State treasury a special fund |
16 | | to be known as the DMV Transformation Driver Services |
17 | | Administration Fund. All fees collected for the issuance of |
18 | | temporary visitor's driver's licenses shall be deposited into |
19 | | the Fund. These funds shall, subject to appropriation, be used |
20 | | by the Office of the Secretary of State for costs related to |
21 | | the issuance of temporary visitor's driver's licenses, and |
22 | | other operational costs, including , but not limited to, |
23 | | personnel, facilities, computer programming, and data |
24 | | transmission. |
25 | | (g) No temporary visitor's driver's licenses shall be |
26 | | issued after the effective date of this amendatory Act of the |
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1 | | 103rd General Assembly. |
2 | | (Source: P.A. 103-210, eff. 7-1-24 .)
|
3 | | (625 ILCS 5/6-107.5) |
4 | | Sec. 6-107.5. Adult Driver Education Course. |
5 | | (a) The Secretary shall establish by rule the curriculum |
6 | | and designate the materials to be used in an adult driver |
7 | | education course. The course shall be at least 6 hours in |
8 | | length and shall include instruction on traffic laws; highway |
9 | | signs, signals, and markings that regulate, warn, or direct |
10 | | traffic; issues commonly associated with motor vehicle crashes |
11 | | including poor decision-making, risk taking, impaired driving, |
12 | | distraction, speed, failure to use a safety belt, driving at |
13 | | night, failure to yield the right-of-way, texting while |
14 | | driving, using wireless communication devices, and alcohol and |
15 | | drug awareness; and instruction on law enforcement procedures |
16 | | during traffic stops, including actions that a motorist should |
17 | | take during a traffic stop and appropriate interactions with |
18 | | law enforcement officers. The curriculum shall not require the |
19 | | operation of a motor vehicle. |
20 | | (b) The Secretary shall certify course providers. The |
21 | | requirements to be a certified course provider, the process |
22 | | for applying for certification, and the procedure for |
23 | | decertifying a course provider shall be established by rule. |
24 | | (b-5) In order to qualify for certification as an adult |
25 | | driver education course provider, each applicant must |
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1 | | authorize an investigation that includes a fingerprint-based |
2 | | background check to determine if the applicant has ever been |
3 | | convicted of a criminal offense and, if so, the disposition of |
4 | | any conviction. This authorization shall indicate the scope of |
5 | | the inquiry and the agencies that may be contacted. Upon |
6 | | receiving this authorization, the Secretary of State may |
7 | | request and receive information and assistance from any |
8 | | federal, State, or local governmental agency as part of the |
9 | | authorized investigation. Each applicant shall submit his or |
10 | | her fingerprints to the Illinois State Police in the form and |
11 | | manner prescribed by the Illinois State Police. These |
12 | | fingerprints shall be checked against fingerprint records now |
13 | | and hereafter filed in the Illinois State Police and Federal |
14 | | Bureau of Investigation criminal history record databases. The |
15 | | Illinois State Police shall charge applicants a fee for |
16 | | conducting the criminal history record check, which shall be |
17 | | deposited into the State Police Services Fund and shall not |
18 | | exceed the actual cost of the State and national criminal |
19 | | history record check. The Illinois State Police shall furnish, |
20 | | pursuant to positive identification, records of Illinois |
21 | | criminal convictions to the Secretary and shall forward the |
22 | | national criminal history record information to the Secretary. |
23 | | Applicants shall pay any other fingerprint-related fees. |
24 | | Unless otherwise prohibited by law, the information derived |
25 | | from the investigation, including the source of the |
26 | | information and any conclusions or recommendations derived |
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1 | | from the information by the Secretary of State, shall be |
2 | | provided to the applicant upon request to the Secretary of |
3 | | State prior to any final action by the Secretary of State on |
4 | | the application. Any criminal conviction information obtained |
5 | | by the Secretary of State shall be confidential and may not be |
6 | | transmitted outside the Office of the Secretary of State, |
7 | | except as required by this subsection (b-5), and may not be |
8 | | transmitted to anyone within the Office of the Secretary of |
9 | | State except as needed for the purpose of evaluating the |
10 | | applicant. At any administrative hearing held under Section |
11 | | 2-118 of this Code relating to the denial, cancellation, |
12 | | suspension, or revocation of certification of an adult driver |
13 | | education course provider, the Secretary of State may utilize |
14 | | at that hearing any criminal history, criminal conviction, and |
15 | | disposition information obtained under this subsection (b-5). |
16 | | The information obtained from the investigation may be |
17 | | maintained by the Secretary of State or any agency to which the |
18 | | information was transmitted. Only information and standards |
19 | | which bear a reasonable and rational relation to the |
20 | | performance of providing adult driver education shall be used |
21 | | by the Secretary of State. Any employee of the Secretary of |
22 | | State who gives or causes to be given away any confidential |
23 | | information concerning any criminal convictions or disposition |
24 | | of criminal convictions of an applicant shall be guilty of a |
25 | | Class A misdemeanor unless release of the information is |
26 | | authorized by this Section. |
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1 | | (c) The Secretary may permit a course provider to offer |
2 | | the course online, if the Secretary is satisfied the course |
3 | | provider has established adequate procedures for verifying: |
4 | | (1) the identity of the person taking the course |
5 | | online; and |
6 | | (2) the person completes the entire course. |
7 | | (d) The Secretary shall establish a method of electronic |
8 | | verification of a student's successful completion of the |
9 | | course. |
10 | | (e) The fee charged by the course provider must bear a |
11 | | reasonable relationship to the cost of the course. The |
12 | | Secretary shall post on the Secretary of State's website a |
13 | | list of approved course providers, the fees charged by the |
14 | | providers, and contact information for each provider. |
15 | | (f) In addition to any other fee charged by the course |
16 | | provider, the course provider shall collect a fee of $5 from |
17 | | each student to offset the costs incurred by the Secretary in |
18 | | administering this program. The $5 shall be submitted to the |
19 | | Secretary within 14 days of the day on which it was collected. |
20 | | All such fees received by the Secretary shall be deposited in |
21 | | the DMV Transformation Secretary of State Driver Services |
22 | | Administration Fund. |
23 | | (Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21; |
24 | | 102-813, eff. 5-13-22; 102-982, eff. 7-1-23 .)
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25 | | Article 65.
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1 | | Section 65-5. If and only if House Bill 2771 of the 104th |
2 | | General Assembly becomes law, then the Illinois Public Aid |
3 | | Code is amended by changing Section 5A-7 as follows:
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4 | | (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7) |
5 | | Sec. 5A-7. Administration; enforcement provisions. |
6 | | (a) The Illinois Department shall establish and maintain a |
7 | | listing of all hospital providers appearing in the licensing |
8 | | records of the Illinois Department of Public Health, which |
9 | | shall show each provider's name and principal place of |
10 | | business and the name and address of each hospital operated, |
11 | | conducted, or maintained by the provider in this State. The |
12 | | listing shall also include the monthly assessment amounts owed |
13 | | for each hospital and any unpaid assessment liability greater |
14 | | than 90 days delinquent. The Illinois Department shall |
15 | | administer and enforce this Article and collect the |
16 | | assessments and penalty assessments imposed under this Article |
17 | | using procedures employed in its administration of this Code |
18 | | generally. The Illinois Department, its Director, and every |
19 | | hospital provider subject to assessment under this Article |
20 | | shall have the following powers, duties, and rights: |
21 | | (1) The Illinois Department may initiate either |
22 | | administrative or judicial proceedings, or both, to |
23 | | enforce provisions of this Article. Administrative |
24 | | enforcement proceedings initiated hereunder shall be |
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1 | | governed by the Illinois Department's administrative |
2 | | rules. Judicial enforcement proceedings initiated |
3 | | hereunder shall be governed by the rules of procedure |
4 | | applicable in the courts of this State. |
5 | | (2) (Blank). |
6 | | (3) Any unpaid assessment under this Article shall |
7 | | become a lien upon the assets of the hospital upon which it |
8 | | was assessed. If any hospital provider, outside the usual |
9 | | course of its business, sells or transfers the major part |
10 | | of any one or more of (A) the real property and |
11 | | improvements, (B) the machinery and equipment, or (C) the |
12 | | furniture or fixtures, of any hospital that is subject to |
13 | | the provisions of this Article, the seller or transferor |
14 | | shall pay the Illinois Department the amount of any |
15 | | assessment, assessment penalty, and interest (if any) due |
16 | | from it under this Article up to the date of the sale or |
17 | | transfer. The Illinois Department may, in its discretion, |
18 | | foreclose on such a lien, but shall do so in a manner that |
19 | | is consistent with Section 5e of the Retailers' Occupation |
20 | | Tax Act. If the seller or transferor fails to pay any |
21 | | assessment, assessment penalty, and interest (if any) due, |
22 | | the purchaser or transferee of such asset shall be liable |
23 | | for the amount of the assessment, penalties, and interest |
24 | | (if any) up to the amount of the reasonable value of the |
25 | | property acquired by the purchaser or transferee. The |
26 | | purchaser or transferee shall continue to be liable until |
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1 | | the purchaser or transferee pays the full amount of the |
2 | | assessment, penalties, and interest (if any) up to the |
3 | | amount of the reasonable value of the property acquired by |
4 | | the purchaser or transferee or until the purchaser or |
5 | | transferee receives from the Illinois Department a |
6 | | certificate showing that such assessment, penalty, and |
7 | | interest have been paid or a certificate from the Illinois |
8 | | Department showing that no assessment, penalty, or |
9 | | interest is due from the seller or transferor under this |
10 | | Article. |
11 | | (4) Payments under this Article are not subject to the |
12 | | Illinois Prompt Payment Act. Credits or refunds shall not |
13 | | bear interest. |
14 | | (b) In addition to any other remedy provided for and |
15 | | without sending a notice of assessment liability, the Illinois |
16 | | Department shall collect an unpaid assessment by withholding, |
17 | | as payment of the assessment, reimbursements or other amounts |
18 | | otherwise payable by the Illinois Department to the hospital |
19 | | provider, including, but not limited to, payment amounts |
20 | | otherwise payable from a managed care organization performing |
21 | | duties under contract with the Illinois Department. |
22 | | (1) The requirements of this subsection may be waived |
23 | | in instances when a disaster proclamation has been |
24 | | declared by the Governor. In such circumstances, a |
25 | | hospital must demonstrate temporary financial distress and |
26 | | establish an agreement with the Illinois Department |
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1 | | specifying when repayment in full of all taxes owed will |
2 | | occur. |
3 | | (2) The requirements of this subsection may be waived |
4 | | by the Illinois Department in instances when a hospital |
5 | | has entered into and remains in compliance with a |
6 | | repayment plan or a tax deferral plan. A repayment plan or |
7 | | tax deferral plan must be entered into no later than 30 |
8 | | days after notice of an unpaid assessment payment. No |
9 | | repayment plan may exceed a period of 36 months. No tax |
10 | | deferral plan may exceed a period of 6 months, and |
11 | | repayment after the end of a tax deferral plan shall not |
12 | | exceed 36 months. Failure to remain in compliance with a |
13 | | repayment plan or tax deferral plan shall cause immediate |
14 | | termination of such plan unless there is prior written |
15 | | consent from the Illinois Department for a period of |
16 | | non-compliance. |
17 | | (3) Beginning September 1, 2025, the Illinois |
18 | | Department shall immediately collect all overdue unpaid |
19 | | assessments and penalties through the collection methods |
20 | | authorized under this Section, unless a repayment plan or |
21 | | tax deferral plan has already been agreed to by September |
22 | | 1, 2025. |
23 | | (4) For any unpaid assessments and penalties that are |
24 | | overdue as of the effective date of House Bill 2771 of the |
25 | | 104th General Assembly, upon receipt of payment the |
26 | | Department may, at its discretion, transfer funds from the |
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1 | | Hospital Provider Fund to the Healthcare Provider Relief |
2 | | Fund, provided that, at the time of each transfer, there |
3 | | are no outstanding assessment-related payments owed to |
4 | | hospitals that cannot be paid from resources remaining in |
5 | | the Hospital Provider Fund after the transfer. |
6 | | (c) To provide for the expeditious and timely |
7 | | implementation of the changes made to this Section by this |
8 | | amendatory Act of the 104th General Assembly, the Department |
9 | | may adopt emergency rules as authorized by Section 5-45 of the |
10 | | Illinois Administrative Procedure Act. The adoption of |
11 | | emergency rules is deemed to be necessary for the public |
12 | | interest, safety, and welfare. |
13 | | (Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04; |
14 | | 94-242, eff. 7-18-05; 104HB2771sam002.)
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15 | | Article 99.
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16 | | Section 99-95. No acceleration or delay. Where this Act |
17 | | makes changes in a statute that is represented in this Act by |
18 | | text that is not yet or no longer in effect (for example, a |
19 | | Section represented by multiple versions), the use of that |
20 | | text does not accelerate or delay the taking effect of (i) the |
21 | | changes made by this Act or (ii) provisions derived from any |
22 | | other Public Act.
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23 | | Section 99-99. Effective date. This Act takes effect upon |
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1 | | becoming law, except that: |
2 | | (1) Article 25 takes effect upon becoming law or on the |
3 | | date that changes to Section 513b2 of the Illinois |
4 | | Insurance Code contained in House Bill 1697 of the 104th |
5 | | General Assembly take effect, whichever is later; |
6 | | (2) Article 65 takes effect upon becoming law or on the |
7 | | date that House Bill 2771 of the 104th General Assembly |
8 | | takes effect, whichever is later; |
9 | | (3) Articles 15, 20, and 60 take effect on July 1, 2025; |
10 | | (4) Article 12 takes effect on January 1, 2026; and |
11 | | (5) Article 11 takes effect on March 1, 2026.". |