Sen. Elgie R. Sims, Jr.

Filed: 5/31/2025

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1
AMENDMENT TO HOUSE BILL 1075
2    AMENDMENT NO. ______. Amend House Bill 1075, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5
"Article 1.
6    Section 1-1. Short title. This Act may be cited as the
7Fiscal Year 2026 Budget Implementation Act.
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10State budget for Fiscal Year 2026.
11
Article 5.
12    Section 5-5. The Department of Central Management Services
13Law of the Civil Administrative Code of Illinois is amended by

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1adding Section 405-217 and by changing Section 405-293 as
2follows:
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
7abatement, remediation, or demolition of any kind of surplus
8real property. "Site readiness work" includes, but is not
9limited to, work to prepare surveys, abstracts of title, or
10commitments for title insurance; environmental reports;
11property condition reports; or any other materials the
12Department may, in its reasonable discretion, deem necessary
13to demonstrate good and marketable title in and the existing
14conditions or characteristics of the surplus real property.    
15    "Surplus real property" has the meaning given to that term
16in Section 7.1 of the State Property Control Act.    
17    (b) The Department shall have all powers, duties, rights,
18and responsibilities relating to the procurement of site
19readiness work for surplus real property. The Department may
20enter into any agreements and execute any documents necessary
21or desirable to exercise the authority granted by this Section
22and may accept assignment of contracts entered into by other
23State agencies for site readiness work.
24    (c) The Department may adopt rules necessary or desirable
25to 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
5services for or on behalf of State agencies for all functions
6transferred to the Department by Executive Order No. 2003-10
7(as modified by Section 5.5 of the Executive Reorganization
8Implementation Act) and may, with the approval of the
9Governor, provide additional services to or on behalf of State
10agencies. To the extent not compensated by direct fund
11transfers, the Department shall be reimbursed from each State
12agency receiving the benefit of these services. The
13reimbursement shall be determined by the Director of Central
14Management Services as the amount required to reimburse the
15Professional Services Fund for the Department's costs of
16rendering the professional services on behalf of that State
17agency. For purposes of this Section, funds due the Department
18for professional services may be reimbursed made through
19appropriations to the Department from the General Revenue
20Fund, as determined by and provided for by the General
21Assembly.
22    (a-5) The Department of Central Management Services may
23provide professional services and other services as authorized
24by subsection (a) for or on behalf of other State entities with
25the approval of both the Director of Central Management

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1Services and the appropriate official or governing body of the
2other State entity.
3    (a-10) To the extent not compensated by direct fund
4transfers, the Executive Ethics Commission, the Chief
5Procurement Officer appointed under paragraph (4) of
6subsection (a) of Section 10-20 of the Illinois Procurement
7Code, and the Commission on Equity and Inclusion shall be
8reimbursed by each State agency that receives the benefit of
9professional services that are provided by the Executive
10Ethics Commission, the Chief Procurement Officer, or the
11Commission on Equity and Inclusion and that were previously
12rendered by the Department. The Department shall coordinate
13with the Executive Ethics Commission, the Chief Procurement
14Officer, and the Commission on Equity and Inclusion, as
15applicable, in determining reimbursement amounts for transfer
16into the Professional Services Fund as provided in subsection
17(a).    
18    (b) For the purposes of this Section, "State agency" means
19each State agency, department, board, and commission directly
20responsible to the Governor. "Professional services" means
21legal services, internal audit services, and other services as
22approved by the Governor. "Other State entity" means the
23Illinois State Board of Education and the Illinois State Toll
24Highway 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
2Opportunity Law of the Civil Administrative Code of Illinois
3is amended by changing Sections 605-515 and 605-1055 as
4follows:
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
8requires otherwise, "small business stationary source" means a
9business that is owned or operated by a person that employs 100
10or fewer individuals; is a small business; is not a major
11stationary source as defined in Titles I and III of the federal
121990 Clean Air Act Amendments; does not emit 50 tons or more
13per year of any regulated pollutant (as defined under the
14federal Clean Air Act); and emits less than 75 tons per year of
15all 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
20services for businesses may include, but need not be limited
21to, 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
19Treasury to be known as the Small Business Environmental
20Assistance Fund. Monies received under subdivision (b)(4) of
21this Section shall be deposited into the Fund.
22    Monies in the Small Business Environmental Assistance Fund
23may be used, subject to appropriation, only for the purposes
24authorized by this Section. On July 1, 2025, or as soon
25thereafter as practical, the State Comptroller shall direct
26and the State Treasurer shall transfer the remaining balance

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1from the Small Business Environmental Assistance Fund into the
2Clean Air Act Permit Fund. Upon completion of the transfer,
3the Small Business Environmental Assistance Fund is dissolved,
4and any future deposits due to that Fund and any outstanding
5obligations or liabilities of that Fund shall pass to the
6Clean Air Act Permit Fund.    
7    (e) Subject to appropriation, the Department may use
8moneys from the Clean Air Act Permit Fund for the purposes
9authorized by this Section.
10(Source: P.A. 103-588, eff. 6-5-24.)
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
14Innovation Research (SBIR) and Small Business Technology
15Transfer (STTR) Matching Funds Program to be administered by
16the Department. In order to foster job creation and economic
17development in the State, the Department may make grants to
18eligible businesses to match funds received by the business as
19an SBIR or STTR Phase I award and to encourage businesses to
20apply for Phase II awards.
21    (b) In order to be eligible for a grant under this Section,
22a 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
22received by a business through an SBIR/STTR Phase I proposal
23up to a maximum of $75,000 $50,000. Seventy-five percent of
24the total grant shall be remitted to the business upon receipt
25of the SBIR/STTR Phase I award and application for funds under
26this Section. Twenty-five percent of the total grant shall be

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1remitted to the business upon submission by the business of
2the Phase II application to the funding agency and acceptance
3of the Phase I report by the funding agency. A business may
4receive only one grant under this subsection Section per year.
5A business may receive only one grant under this subsection    
6Section with respect to each federal proposal submission. Over
7its lifetime, a business may receive a maximum of 5 awards
8under this subsection Section.
9    (c-5) The Department may, subject to appropriation, award
10grants to match the funds received by a business through an
11SBIR/STTR Phase II proposal up to a maximum of $250,000. Fifty
12percent of the total grant shall be remitted to the business
13upon receipt of the SBIR/STTR Phase II award and application
14for funds under this Section. Fifty percent of the total grant
15shall be remitted to the business upon submission by the
16business of the Phase II final report to the federal funding
17agency. A business may receive only one grant under this
18subsection per year. A business may receive only one grant
19under this subsection with respect to each federal proposal
20submission. Over its lifetime, a business may receive a
21maximum of 2 awards under this subsection.    
22    (d) A business shall apply, under oath, to the Department
23for a grant under this Section on a form prescribed by the
24Department 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.)
7    Section 5-12. The Department of Natural Resources
8(Conservation) Law of the Civil Administrative Code of
9Illinois is amended by changing Section 805-305 as follows:
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
13overnight tent and trailer campsites and to provide suitable
14housing facilities for student and juvenile overnight camping
15groups. The Department of Natural Resources may regulate, by
16administrative order, the fees to be charged for tent and
17trailer camping units at individual park areas based upon the
18facilities available.
19    (b) However, for campsites with access to showers or
20electricity, any Illinois resident who is age 62 or older or
21has a Class 2 disability as defined in Section 4A of the
22Illinois Identification Card Act shall be charged only
23one-half of the camping fee charged to the general public
24during the period Monday through Thursday of any week and

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1shall be charged the same camping fee as the general public on
2all other days. For campsites without access to showers or
3electricity, no camping fee authorized by this Section shall
4be charged to any resident of Illinois who has a Class 2
5disability as defined in Section 4A of the Illinois
6Identification Card Act. For campsites without access to
7showers or electricity, no camping fee authorized by this
8Section shall be charged to any resident of Illinois who is age
962 or older for the use of a campsite unit during the period
10Monday through Thursday of any week. No camping fee authorized
11by this Section shall be charged to any resident of Illinois
12who is a veteran with a disability or a former prisoner of war,
13as defined in Section 5 of the Department of Veterans' Affairs
14Act. No camping fee authorized by this Section shall be
15charged to any resident of Illinois after returning from
16service abroad or mobilization by the President of the United
17States as an active duty member of the United States Armed
18Forces, the Illinois National Guard, or the Reserves of the
19United States Armed Forces for the amount of time that the
20active duty member spent in service abroad or mobilized if the
21person applies for a pass with the Department within 2 years
22after returning and provides acceptable verification of
23service or mobilization to the Department. Any portion of a
24year that the active duty member spent in service abroad or
25mobilized shall count as a full year. The procedure by which a
26person may provide to the Department verification of service

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

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1States and the District of Columbia, and includes all active
2duty service in territories and possessions of the United
3States.
4    (c) To promote State campground use and Illinois State
5Fair attendance, the Department shall have the authority to
6offer a coupon that allows for the waiver of one night of waive
7the camping fees with the purchase of at least one additional
8night of camping at any site that is owned, leased, or managed
9by the Department and that has camping facilities. The camping
10coupon shall be valid only for up to 2 nights of camping at Jim
11Edgar Panther Creek State Fish and Wildlife Area, Sangchris
12Lake State Park, or Lincoln's New Salem State Historic Site
13during the period from August 1, 2025 through December 31,
142025 11, 2024 to August 15, 2024 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
26subsection (c) shall be available granted on a first-come,

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1first-served basis as advertised by the Department or for
2those visiting Conservation World at the Illinois State Fair
3or the Department's booth at the DuQuoin State Fair and only
4while supplies last for each day of the Illinois State Fair and
5the DuQuoin State Fair. The Department shall publicly announce
6on its website the number of coupons that will be available
7each day of the Illinois State Fair and the DuQuoin State Fair    
8for a maximum of 40 sites at each of the 3 identified State
9campgrounds. Fees for utility service are not subject to
10waiver by the coupon. Coupons that are redeemed pursuant to    
11Waivers under this subsection (c) are limited to a total of one
12night of free camping with the purchase of at least one
13additional night of camping. The free night of camping shall
14be applied to the final night of camping for a camping trip
15lasting 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.)
17    Section 5-15. The Department of Human Services Act is
18amended by changing Section 80-45 as follows:
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
22terms of the Illinois Affordable Housing Act and shall
23administer other appropriations for the use of the Illinois
24Housing Development Authority.

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1    (b) The Department may enter into contracts,
2intergovernmental agreements, grants, cooperative agreements,
3memoranda of understanding, or other instruments with any
4federal, State, or local government agency as necessary to
5fulfill its role as funding agent in compliance with State and
6federal law. The Department and the Department of Revenue
7shall coordinate, in consultation with the Illinois Housing
8Development Authority, the transition of the funding agent
9role, including the transfer of any and all books, records, or
10documents, in whatever form stored, necessary to the
11Department's execution of the duties of the funding agent, and
12the Department may submit to the Governor's Office of
13Management and Budget requests for exception pursuant to
14Section 55 of the Grant Accountability and Transparency Act.
15Notwithstanding Section 5 of the Illinois Grant Funds Recovery
16Act, for State fiscal years 2023 and 2024 only, in order to
17accomplish the transition of the funding agent role to the
18Department, grant funds may be made available for expenditure
19by a grantee for a period of 3 years from the date the funds
20were distributed by the State.
21    (c) Notwithstanding Section 5 of the Illinois Grant Funds
22Recovery Act, the Department of Human Services shall make
23grant funds available for expenditure by the Illinois Housing
24Development Authority beginning on the date the funds are
25distributed by the State. The Illinois Housing Development
26Authority is not required to expend or return grant funds

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1within the time period specified under Section 5 of the
2Illinois Grant Funds Recovery Act.    
3(Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.)
4    Section 5-20. The Military Code of Illinois is amended by
5adding Section 22-3.5 as follows:
6    (20 ILCS 1805/22-3.5 new)
7    Sec. 22-3.5. Capital improvements; facilities. Subject to
8appropriation, the Department may acquire real property for
9training or building sites, construct new facilities,
10rehabilitate existing facilities, maintain existing
11facilities, and make other capital improvements at Department
12facilities or property.
13    Section 5-22. The Abraham Lincoln Presidential Library and
14Museum Act is amended by changing Sections 10, 30, and 40 as
15follows:
16    (20 ILCS 3475/10)
17    Sec. 10. Abraham Lincoln Presidential Library and Museum;
18establishment.
19    (a) The Abraham Lincoln Presidential Library and Museum,
20formerly a constituent unit of the Illinois Historic
21Preservation Agency, is created as an independent State agency
22within the Executive Branch of State government.

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1    (b) The Agency shall have control and custody of the
2Abraham Lincoln Presidential Library and Museum complex,
3including the Abraham Lincoln Presidential Library and Museum,
4the Abraham Lincoln Presidential Library and Museum's parking
5garage, Union Station, and Union Park, in Springfield.
6    (c) The Agency shall be under the supervision and
7direction of the Executive Director of the Abraham Lincoln
8Presidential Library and Museum appointed under Section 30
9shall be the chief executive officer and head of the Agency.
10    (d) The Chief State Historical Officer appointed under
11Section 40 shall serve as an advisor to the Executive Director
12in preserving, interpreting, and promoting recognition of the
13life, impact, and legacy of President Abraham Lincoln.    
14(Source: P.A. 100-120, eff. 8-18-17.)
15    (20 ILCS 3475/30)
16    Sec. 30. Administration of the Agency. The Executive
17Director shall be the chief executive officer and head of the    
18Agency shall be under the supervision and direction of an
19Executive Director. The person serving on the effective date
20of this Act as Library Director, as defined in Section 33 of
21the Historic Preservation Act, shall become the inaugural
22Executive Director on the effective date of this Act and shall
23serve as Executive Director until the expiration of his
24then-current term as Library Director. Thereafter, the Board,
25based upon the recommendation of the Governor, shall appoint

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1the Executive Director with the advice and consent of the
2Senate. The Executive Director shall serve at the pleasure of
3the Board for a term commencing on the date of appointment
4until January 18, 2027, and until a successor has been
5appointed and qualified. Thereafter, the Executive Director's
6term shall be as provided in Section 5-610 of the Departments
7of State Government Law of the Civil Administrative Code of
8Illinois of 4 years. The Board may remove the Executive
9Director for incompetence, neglect of duty, or malfeasance.    
10The Executive Director shall, subject to applicable provisions
11of law and consistent with the policies and advice of the
12Board, execute and discharge the powers and duties of the
13Agency. The Executive Director may make provision to establish
14and collect admission and registration fees, operate a gift
15shop, and publish and sell educational and informational
16materials.
17(Source: P.A. 102-985, eff. 1-1-23.)
18    (20 ILCS 3475/40)
19    Sec. 40. Chief State Historical Officer Illinois State
20Historian; appointment.
21    (a) The Board Governor, in consultation with the Governor    
22Board and the Illinois Historical Society, shall determine the
23qualifications of and appoint a Chief State Historical
24Officer, who shall report to and advise the Executive
25Director. the Illinois State Historian.

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1    (b) The Chief State Historical Officer shall serve as the
2chief advocate for and spokesperson on the importance and
3value of Illinois history and shall advise the Executive
4Director in preserving, interpreting, and promoting
5recognition of the life, impact, and legacy of President
6Abraham Lincoln. The responsibilities of the Chief State
7Historical Officer shall include research, curation, and
8presentation on historical materials, artifacts, and
9narratives, ensuring that Lincoln's historical significance in
10the State and the nation is accurately documented and
11communicated to the public. The Chief State Historical Officer
12shall collaborate with other State agencies, educational
13institutions, museums, and historical societies to promote
14historical awareness of and education on Lincoln's influence
15on the State and the nation. The Illinois State Historian
16shall be appointed based on the recommendation from the
17Abraham Lincoln Presidential Library and Museum Board of
18Trustees who shall consult the Illinois State Historical
19Society. The Board in consultation with the Illinois State
20Historical Society shall develop qualifications for the
21Illinois State Historian to be approved by the Board no later
22than 120 days after the enactment of this amendatory Act of the
23102nd General Assembly.
24    (c) Qualifications for the Chief State Historical Officer    
25Illinois State Historian must include expertise in the history
26of at least one underrepresented minority group in this State,

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1including, but not limited to: African-American history;
2Native American history; Latinx history; Asian-American
3history; and LGBTQIA history.
4    (d) An individual designated as the Chief State Historical
5Officer shall retain Illinois State Historian retains the
6designation for 2 years from the date of appointment and the
7term is renewable only by the Board's Governor's appointment
8in consultation with the Governor and the Illinois State
9Historical 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
12Vehicle Theft Prevention and Insurance Verification Act is
13amended by changing Section 8.6 as follows:
14    (20 ILCS 4005/8.6)
15    Sec. 8.6. Private passenger motor vehicle insurance.
16Before April 1 of each year, each insurer engaged in writing
17private passenger motor vehicle insurance coverage that is
18included in Class 2 and Class 3 of Section 4 of the Illinois
19Insurance Code, as a condition of its authority to transact
20business in this State, may collect and shall pay to the
21Department of Insurance an amount equal to $4, or a lesser
22amount determined by the Illinois Law Enforcement Training
23Standards Board by rule, multiplied by the insurer's total
24earned car years of private passenger motor vehicle insurance

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1policies providing physical damage insurance coverage written
2in this State during the preceding calendar year. Through June
330, 2025, of Of the amounts collected under this Section, the
4Department of Insurance shall deposit 10% into the State
5Police Law Enforcement Administration Fund and 90% into the
6Law Enforcement Training Fund. Beginning July 1, 2025, of the
7amounts collected under this Section, the Department of
8Insurance shall deposit 10% into the State Police Law
9Enforcement Administration Fund, 10% into the State Police
10Vehicle 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;
12102-1071, eff. 6-10-22; 103-154, eff. 6-30-23; 103-609, eff.
137-1-24.)
14    Section 5-30. The State Finance Act is amended by changing
15Sections 5.346, 5.857, 6z-27, 6z-32, 6z-51, 6z-63, 6z-70,
166z-100, 6z-126, 8.3, 8.12, 8g, 8g-1, and 13.2 and by adding
17Sections 5.1031, 6z-144, 6z-145, 6z-146, 6z-147, and 6z-148 as
18follows:
19    (30 ILCS 105/5.346)
20    Sec. 5.346. The Small Business Environmental Assistance
21Fund. This Section is repealed on January 1, 2026.    
22(Source: P.A. 87-1177; 88-45.)
23    (30 ILCS 105/5.857)

10400HB1075sam002- 23 -LRB104 03072 JDS 27129 a
1    (Section scheduled to be repealed on July 1, 2025)
2    Sec. 5.857. The Capital Development Board Revolving Fund.
3This Section is repealed July 1, 2025.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5103-8, 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
10transferred, appropriated and used only for the purposes
11authorized by, and subject to the limitations and conditions
12prescribed by, the Illinois State Auditing Act.
13    Within 30 days after July 1, 2025 2024, or as soon
14thereafter as practical, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16following funds moneys in the specified amounts for deposit
17into the Audit Expense Fund:
18Academic Quality Assurance Fund..........................$940    
19African-American HIV/AIDS Response Fund................$4,266    
20Agricultural Premium Fund............................$169,467    
21Alzheimer's Awareness Fund.............................$1,068    
22Alzheimer's Disease Research,
23    Care, and Support Fund...............................$502    
24Amusement Ride and Patron Safety Fund..................$6,888    

10400HB1075sam002- 24 -LRB104 03072 JDS 27129 a
1Assisted Living and Shared
2    Housing Regulatory Fund............................$4,011    
3Board of Higher Education State
4    Contracts and Grants Fund.........................$13,416    
5Capital Development Board Revolving Fund..............$10,711
6Care Provider Fund for Persons with
7    a Developmental Disability.........................$9,771
8CDLIS/AAMVA/NMVTIS Trust Fund..........................$3,433
9Chicago State University Education
10    Improvement Fund..................................$15,774    
11Child Labor and Day and Temporary
12    Labor Services Enforcement Fund...................$15,414    
13Child Support Administrative Fund......................$3,739    
14Coal Technology Development
15    Assistance Fund....................................$3,019    
16Common School Fund...................................$246,578    
17Community Mental Health
18    Medicaid Trust Fund...............................$10,597    
19Consumer Intervenor Compensation Fund..................$1,700    
20Death Certificate Surcharge Fund.......................$1,550    
21Death Penalty Abolition Fund...........................$2,688    
22Department of Business Services
23    Special Operations Fund...........................$10,406    
24Department of Human Services
25    Community Services Fund...........................$15,086    
26Dram Shop Fund.......................................$212,500    

10400HB1075sam002- 25 -LRB104 03072 JDS 27129 a
1Driver Services Administration Fund......................$937    
2Drug Rebate Fund......................................$54,214    
3Drug Treatment Fund....................................$1,236    
4Education Assistance Fund..........................$2,193,017    
5Emergency Planning and Training Fund.....................$528    
6Emergency Public Health Fund...........................$8,769    
7Employee Classification Fund.............................$967    
8EMS Assistance Fund....................................$1,150    
9Estate Tax Refund Fund.................................$1,628    
10Facilities Management Revolving Fund..................$35,073    
11Facility Licensing Fund................................$6,082    
12Fair and Exposition Fund...............................$6,903    
13Federal Financing Cost
14    Reimbursement Fund.................................$7,100    
15Feed Control Fund.....................................$13,874    
16Fertilizer Control Fund................................$9,357    
17Fire Prevention Fund...................................$4,282    
18General Assembly Technology Fund.......................$2,830    
19General Professions Dedicated Fund.....................$4,131    
20Governor's Administrative Fund.........................$5,956    
21Governor's Grant Fund..................................$3,164    
22Grant Accountability and Transparency Fund.............$1,041    
23Guardianship and Advocacy Fund........................$16,432    
24Health Facility Plan Review Fund.......................$2,286    
25Health and Human Services
26    Medicaid Trust Fund...............................$10,902    

10400HB1075sam002- 26 -LRB104 03072 JDS 27129 a
1Healthcare Provider Relief Fund......................$321,428    
2Home Care Services Agency Licensure Fund...............$2,843    
3Hospital Licensure Fund................................$1,251    
4Hospital Provider Fund................................$99,530    
5Illinois Affordable Housing Trust Fund................$19,809    
6Illinois Community College Board
7    Contracts and Grants Fund.........................$14,687    
8Illinois Health Facilities Planning Fund...............$3,155    
9Illinois Independent Tax Tribunal Fund................$11,636    
10IMSA Income Fund.......................................$6,805    
11Illinois School Asbestos Abatement Fund................$1,141    
12Illinois State Fair Fund..............................$69,621    
13Illinois Telecommunications Access
14    Corporation Fund...................................$1,546    
15Illinois Underground Utility
16    Facilities Damage Prevention Fund.................$12,035    
17Illinois Veterans' Rehabilitation Fund.................$1,103    
18Illinois Workers' Compensation
19    Commission Operations Fund.......................$241,658    
20Industrial Hemp Regulatory Fund........................$1,407    
21Interpreters for the Deaf Fund.........................$8,657    
22Lead Poisoning Screening, Prevention,
23    and Abatement Fund................................$19,789    
24Lobbyist Registration Administration Fund................$843    
25Long Term Care Monitor/Receiver Fund..................$42,485    
26Long-Term Care Provider Fund..........................$20,620    

10400HB1075sam002- 27 -LRB104 03072 JDS 27129 a
1Low-Level Radioactive Waste Facility
2    Development and Operation Fund.....................$2,402    
3Mandatory Arbitration Fund.............................$2,635    
4Mental Health Fund.....................................$5,353    
5Mental Health Reporting Fund...........................$1,226    
6Metabolic Screening and Treatment Fund................$46,885    
7Monitoring Device Driving Permit
8    Administration Fee Fund............................$1,475    
9Motor Fuel Tax Fund....................................$1,068    
10Motor Vehicle License Plate Fund......................$13,927    
11Multiple Sclerosis Research Fund.........................$961    
12Nuclear Safety Emergency Preparedness Fund............$87,774    
13Nursing Dedicated and Professional Fund..................$595    
14Partners For Conservation Fund.......................$117,108    
15Personal Property Tax Replacement Fund...............$218,128    
16Pesticide Control Fund................................$42,146    
17Plumbing Licensure and Program Fund....................$3,672    
18Private Business and Vocational Schools
19    Quality Assurance Fund...............................$867    
20Professional Services Fund............................$90,610    
21Public Defender Fund...................................$6,198    
22Public Health Laboratory
23    Services Revolving Fund............................$1,098    
24Public Utility Fund..................................$282,488    
25Radiation Protection Fund.............................$37,946    
26Rebuild Illinois Projects Fund........................$58,858    

10400HB1075sam002- 28 -LRB104 03072 JDS 27129 a
1Rental Housing Support Program Fund....................$4,083    
2Road Fund.............................................$55,409    
3Secretary Of State DUI Administration Fund.............$2,767    
4Secretary Of State Identification Security
5    and Theft Prevention Fund.........................$16,793    
6Secretary Of State Special License Plate Fund..........$3,473    
7Secretary Of State Special Services Fund..............$26,832    
8Securities Audit and Enforcement Fund..................$4,889    
9Serve Illinois Commission Fund.........................$1,803    
10Special Education Medicaid Matching Fund...............$4,329    
11State Gaming Fund......................................$1,997    
12State Garage Revolving Fund............................$7,501    
13State Lottery Fund...................................$311,489    
14State Pensions Fund..................................$500,000    
15State Treasurer's Bank Services Trust Fund...............$752    
16Supreme Court Special Purposes Fund....................$4,184    
17Tattoo and Body Piercing Establishment
18    Registration Fund..................................$1,166    
19Tobacco Settlement Recovery Fund.....................$143,143    
20Tourism Promotion Fund................................$79,695    
21Transportation Regulatory Fund.......................$108,481    
22Trauma Center Fund.....................................$1,872    
23University Of Illinois Hospital Services Fund..........$5,476    
24Vehicle Hijacking and Motor Vehicle Theft Prevention and
25    Insurance Verification Trust Fund..................$9,331    
26Vehicle Inspection Fund................................$2,786    

10400HB1075sam002- 29 -LRB104 03072 JDS 27129 a
1Weights and Measures Fund.............................$24,640    
2Attorney General Court Ordered and Voluntary
3    Compliance Payment Projects Fund..................$22,470
4Aggregate Operations Regulatory Fund.....................$605
5Agricultural Premium Fund.............................$21,002
6Attorney General's State Projects and
7    Court Ordered Distribution Fund...................$36,873
8Anna Veterans Home Fund................................$1,205
9Appraisal Administration Fund..........................$2,670
10Attorney General Whistleblower Reward
11    and Protection Fund..................................$938
12Bank and Trust Company Fund...........................$82,945
13Brownfields Redevelopment Fund.........................$1,893
14Cannabis Business Development Fund....................$15,750
15Cannabis Expungement Fund..............................$2,511
16Capital Development Board Revolving Fund...............$4,668
17Care Provider Fund for Persons with
18    a Developmental Disability.........................$6,794
19CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
20Cemetery Oversight Licensing and Disciplinary Fund.....$6,187
21Chicago State University Education Improvement Fund...$16,893
22Chicago Travel Industry Promotion Fund.................$9,146
23Child Support Administrative Fund......................$2,669
24Clean Air Act Permit Fund.............................$11,283
25Coal Technology Development Assistance Fund...........$22,087
26Community Association Manager

10400HB1075sam002- 30 -LRB104 03072 JDS 27129 a
1    Licensing and Disciplinary Fund....................$1,178
2Commitment to Human Services Fund ...................$259,050
3Common School Fund ..................................$385,362
4Community Mental Health Medicaid Trust Fund............$6,972
5Community Water Supply Laboratory Fund...................$835
6Credit Union Fund.....................................$21,944
7Cycle Rider Safety Training Fund.........................$704
8DCFS Children's Services Fund........................$164,036
9Department of Business Services Special Operations Fund.$4,564
10Department of Corrections Reimbursement
11    and Education Fund................................$23,892
12Design Professionals Administration
13    and Investigation Fund.............................$3,892
14Department of Human Services Community Services Fund...$6,314
15Downstate Public Transportation Fund..................$40,428
16Drivers Education Fund...................................$904
17Drug Rebate Fund......................................$40,707
18Drug Treatment Fund......................................$810
19Drycleaner Environmental Response Trust Fund...........$1,555
20Education Assistance Fund..........................$2,347,928
21Electric Vehicle Rebate Fund..........................$24,101
22Energy Efficiency Trust Fund.............................$955
23Energy Transition Assistance Fund......................$1,193
24Environmental Protection Permit and Inspection Fund...$17,475
25Facilities Management Revolving Fund..................$21,298
26Fair and Exposition Fund.................................$782

10400HB1075sam002- 31 -LRB104 03072 JDS 27129 a
1Federal Asset Forfeiture Fund..........................$1,195
2Federal High Speed Rail Trust Fund.......................$910
3Federal Workforce Training Fund......................$113,609
4Feed Control Fund......................................$1,263
5Fertilizer Control Fund..................................$778
6Fire Prevention Fund...................................$4,470
7Freedom Schools Fund.....................................$636
8Fund for the Advancement of Education.................$61,767
9General Professions Dedicated Fund....................$36,108
10General Revenue Fund..............................$17,653,153
11Grade Crossing Protection Fund.........................$7,759
12Hazardous Waste Fund...................................$9,036
13Health and Human Services Medicaid Trust Fund............$793
14Healthcare Provider Relief Fund......................$209,863
15Historic Property Administrative Fund....................$791
16Horse Racing Fund....................................$233,685
17Hospital Provider Fund................................$66,984
18Illinois Affordable Housing Trust Fund................$30,424
19Illinois Charity Bureau Fund...........................$2,025
20Illinois Clean Water Fund.............................$18,928
21Illinois Forestry Development Fund....................$13,054
22Illinois Gaming Law Enforcement Fund...................$1,411
23IMSA Income Fund......................................$10,499
24Illinois Military Family Relief Fund...................$2,963
25Illinois National Guard Construction Fund..............$4,944
26Illinois Power Agency Operations Fund................$154,375

10400HB1075sam002- 32 -LRB104 03072 JDS 27129 a
1Illinois State Dental Disciplinary Fund................$3,947
2Illinois State Fair Fund...............................$5,871
3Illinois State Medical Disciplinary Fund..............$32,809
4Illinois State Pharmacy Disciplinary Fund.............$10,993
5Illinois Student Assistance Commission
6    Contracts and Grants Fund............................$950
7Illinois Veterans Assistance Fund......................$2,738
8Illinois Veterans' Rehabilitation Fund...................$685
9Illinois Wildlife Preservation Fund....................$2,646
10Illinois Workers' Compensation Commission
11    Operations Fund...................................$94,942
12Illinois Works Fund....................................$5,577
13Income Tax Refund Fund...............................$232,364
14Insurance Financial Regulation Fund..................$158,266
15Insurance Premium Tax Refund Fund.....................$10,972
16Insurance Producer Administration Fund...............$208,185
17International Tourism Fund.............................$1,317
18LaSalle Veterans Home Fund.............................$2,656
19Law Enforcement Recruitment and Retention Fund........$10,249
20Law Enforcement Training Fund.........................$28,714
21LEADS Maintenance Fund...................................$573
22Live and Learn Fund....................................$8,419
23Local Government Distributive Fund...................$120,745
24Local Tourism Fund....................................$16,582
25Long Term Care Ombudsman Fund............................$635
26Long-Term Care Provider Fund..........................$10,352

10400HB1075sam002- 33 -LRB104 03072 JDS 27129 a
1Manteno Veterans Home Fund.............................$3,941
2Mental Health Fund.....................................$3,560
3Mental Health Reporting Fund.............................$878
4Military Affairs Trust Fund............................$1,017
5Monitoring Device Driving Permit
6    Administration Fee Fund..............................$657
7Motor Carrier Safety Inspection Fund...................$1,892
8Motor Fuel Tax Fund..................................$124,570
9Motor Vehicle License Plate Fund.......................$6,363
10Nursing Dedicated and Professional Fund...............$14,671
11Off-Highway Vehicle Trails Fund........................$1,431
12Open Space Lands Acquisition and Development Fund.....$67,764
13Optometric Licensing and Disciplinary Board Fund.........$922
14Parity Advancement Fund................................$9,349
15Partners For Conservation Fund........................$25,309
16Pawnbroker Regulation Fund...............................$659
17Pension Stabilization Fund.............................$3,009
18Personal Property Tax Replacement Fund...............$251,569
19Pesticide Control Fund.................................$4,715
20Prisoner Review Board Vehicle and Equipment Fund.......$3,035
21Professional Services Fund.............................$3,093
22Professions Indirect Cost Fund.......................$194,398
23Public Pension Regulation Fund.........................$3,519
24Public Transportation Fund...........................$108,264
25Quincy Veterans Home Fund.............................$25,455
26Real Estate License Administration Fund...............$27,976

10400HB1075sam002- 34 -LRB104 03072 JDS 27129 a
1Rebuild Illinois Projects Fund.........................$3,682
2Regional Transportation Authority Occupation and Use Tax
3    Replacement Fund...................................$3,226
4Registered Certified Public Accountants' Administration
5    and Disciplinary Fund..............................$3,213
6Renewable Energy Resources Trust Fund..................$2,463
7Rental Housing Support Program Fund......................$560
8Residential Finance Regulatory Fund...................$21,672
9Road Fund............................................$524,729
10Salmon Fund..............................................$837
11Savings Bank Regulatory Fund.............................$528
12School Infrastructure Fund............................$10,122
13Secretary of State DUI Administration Fund.............$1,021
14Secretary of State Identification Security and
15    Theft Prevention Fund..............................$4,877
16Secretary of State Special License Plate Fund..........$1,410
17Secretary of State Special Services Fund..............$11,665
18Securities Audit and Enforcement Fund..................$2,279
19Serve Illinois Commission Fund...........................$950
20Snowmobile Trail Establishment Fund......................$653
21Solid Waste Management Fund...........................$17,540
22Special Education Medicaid Matching Fund...............$2,916
23Sports Wagering Fund..................................$14,696
24State Police Law Enforcement Administration Fund.......$3,635
25State and Local Sales Tax Reform Fund..................$6,676
26State Asset Forfeiture Fund............................$1,445

10400HB1075sam002- 35 -LRB104 03072 JDS 27129 a
1State Aviation Program Fund............................$2,125
2State Construction Account Fund......................$151,079
3State Crime Laboratory Fund............................$6,342
4State Gaming Fund....................................$216,475
5State Garage Revolving Fund............................$4,892
6State Lottery Fund...................................$106,169
7State Pensions Fund .................................$500,000
8State Police Firearm Services Fund....................$16,049
9State Police Services Fund............................$20,688
10State Police Vehicle Fund..............................$7,562
11State Police Whistleblower Reward
12    and Protection Fund................................$3,858
13State Small Business Credit Initiative Fund...........$20,739
14State's Attorneys Appellate
15    Prosecutor's County Fund..........................$20,621
16Subtitle D Management Fund.............................$2,669
17Supplemental Low-Income Energy Assistance Fund.......$158,173
18Tax Compliance and Administration Fund.................$3,789
19Technology Management Revolving Fund.................$620,435
20Tobacco Settlement Recovery Fund.......................$4,747
21Tourism Promotion Fund................................$46,998
22Traffic and Criminal Conviction Surcharge Fund........$41,173
23Underground Storage Tank Fund.........................$31,314
24University of Illinois Hospital Services Fund..........$3,257
25Vehicle Hijacking and Motor Vehicle Theft
26    Prevention and Insurance Verification Trust Fund...$8,183

10400HB1075sam002- 36 -LRB104 03072 JDS 27129 a
1Vehicle Inspection Fund...............................$19,811
2Weights and Measures Fund..............................$3,636
3    Notwithstanding any provision of the law to the contrary,
4the General Assembly hereby authorizes the use of such funds
5for the purposes set forth in this Section.
6    These provisions do not apply to funds classified by the
7Comptroller as federal trust funds or State trust funds. The
8Audit Expense Fund may receive transfers from those trust
9funds only as directed herein, except where prohibited by the
10terms of the trust fund agreement. The Auditor General shall
11notify the trustees of those funds of the estimated cost of the
12audit to be incurred under the Illinois State Auditing Act for
13the fund. The trustees of those funds shall direct the State
14Comptroller and Treasurer to transfer the estimated amount to
15the Audit Expense Fund.
16    The Auditor General may bill entities that are not subject
17to the above transfer provisions, including private entities,
18related organizations and entities whose funds are locally
19held locally-held, for the cost of audits, studies, and
20investigations incurred on their behalf. Any revenues received
21under this provision shall be deposited into the Audit Expense
22Fund.
23    In the event that moneys on deposit in any fund are
24unavailable, by reason of deficiency or any other reason
25preventing their lawful transfer, the State Comptroller shall
26order transferred and the State Treasurer shall transfer the

10400HB1075sam002- 37 -LRB104 03072 JDS 27129 a
1amount deficient or otherwise unavailable from the General
2Revenue Fund for deposit into the Audit Expense Fund.
3    On or before December 1, 1992, and each December 1
4thereafter, the Auditor General shall notify the Governor's
5Office of Management and Budget (formerly Bureau of the
6Budget) of the amount estimated to be necessary to pay for
7audits, studies, and investigations in accordance with the
8Illinois State Auditing Act during the next succeeding fiscal
9year for each State fund for which a transfer or reimbursement
10is anticipated.
11    Beginning with fiscal year 1994 and during each fiscal
12year thereafter, the Auditor General may direct the State
13Comptroller and Treasurer to transfer moneys from funds
14authorized by the General Assembly for that fund. In the event
15funds, including federal and State trust funds but excluding
16the General Revenue Fund, are transferred, during fiscal year
171994 and during each fiscal year thereafter, in excess of the
18amount to pay actual costs attributable to audits, studies,
19and investigations as permitted or required by the Illinois
20State Auditing Act or specific action of the General Assembly,
21the Auditor General shall, on September 30, or as soon
22thereafter as is practicable, direct the State Comptroller and
23Treasurer to transfer the excess amount back to the fund from
24which it was originally transferred.
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
26103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff.

10400HB1075sam002- 38 -LRB104 03072 JDS 27129 a
16-5-24.)
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
5the Conservation 2000 Fund) and the Partners for Conservation
6Projects Fund (formerly known as the Conservation 2000
7Projects Fund) are created as special funds in the State
8Treasury. These funds shall be used to establish a
9comprehensive program to protect Illinois' natural resources
10through cooperative partnerships between State government and
11public and private landowners. Moneys in these Funds may be
12used, subject to appropriation, by the Department of Natural
13Resources, Environmental Protection Agency, and the Department
14of Agriculture for purposes relating to natural resource
15protection, planning, recreation, tourism, climate resilience,
16and compatible agricultural and economic development
17activities. Without limiting these general purposes, moneys in
18these Funds may be used, subject to appropriation, for the
19following 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.

10400HB1075sam002- 39 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 40 -LRB104 03072 JDS 27129 a
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
15automatically transfer on the last day of each month,
16beginning on September 30, 1995 and ending on June 30, 2026    
172025, from the General Revenue Fund to the Partners for
18Conservation Fund, an amount equal to 1/10 of the amount set
19forth below in fiscal year 1996 and an amount equal to 1/12 of
20the amount set forth below in each of the other specified
21fiscal years:
                    
22Fiscal Year Amount
231996$ 3,500,000
241997$ 9,000,000
251998$10,000,000
261999$11,000,000

10400HB1075sam002- 41 -LRB104 03072 JDS 27129 a
    
12000$12,500,000
22001 through 2004$14,000,000
32005 $7,000,000
42006 $11,000,000
52007 $0
62008 through 2011 $14,000,000
72012 $12,200,000
82013 through 2017 $14,000,000
92018 $1,500,000
102019 $14,000,000
112020 $7,500,000
122021 through 2023 $14,000,000
132024 $18,000,000
142025 and 2026    $14,000,000
15    (c) The State Comptroller and State Treasurer shall
16automatically transfer on the last day of each month beginning
17on July 31, 2021 and ending June 30, 2022, from the
18Environmental Protection Permit and Inspection Fund to the
19Partners for Conservation Fund, an amount equal to 1/12 of
20$4,135,000.
21    (c-1) The State Comptroller and State Treasurer shall
22automatically transfer on the last day of each month beginning
23on July 31, 2022 and ending June 30, 2023, from the
24Environmental Protection Permit and Inspection Fund to the
25Partners for Conservation Fund, an amount equal to 1/12 of
26$5,900,000.

10400HB1075sam002- 42 -LRB104 03072 JDS 27129 a
1    (d) There shall be deposited into the Partners for
2Conservation Projects Fund such bond proceeds and other moneys
3as 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;
5103-8, eff. 6-7-23; 103-494, eff. 8-4-23; 103-588, eff.
66-5-24; 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
10State Treasury, shall consist of moneys appropriated or
11transferred to that Fund, as provided in Section 6z-43 and as
12otherwise provided by law. All earnings on Budget
13Stabilization Fund investments shall be deposited into that
14Fund.
15    (b) The State Comptroller may direct the State Treasurer
16to transfer moneys from the Budget Stabilization Fund to the
17General Revenue Fund in order to meet cash flow deficits
18resulting from timing variations between disbursements and the
19receipt of funds within a fiscal year. Any moneys so borrowed
20in any fiscal year other than Fiscal Year 2011 shall be repaid
21by June 30 of the fiscal year in which they were borrowed. Any
22moneys so borrowed in Fiscal Year 2011 shall be repaid no later
23than July 15, 2011.
24    (c) During Fiscal Year 2017 only, amounts may be expended
25from the Budget Stabilization Fund only pursuant to specific

10400HB1075sam002- 43 -LRB104 03072 JDS 27129 a
1authorization by appropriation. Any moneys expended pursuant
2to appropriation shall not be subject to repayment.
3    (d) For Fiscal Years 2020 through 2022, any transfers into
4the Fund pursuant to the Cannabis Regulation and Tax Act may be
5transferred to the General Revenue Fund in order for the
6Comptroller to address outstanding vouchers and shall not be
7subject to repayment back into the Budget Stabilization Fund.
8    (e) Beginning July 1, 2023, on the first day of each month,
9or as soon thereafter as practical, the State Comptroller
10shall direct and the State Treasurer shall transfer $3,750,000
11from the General Revenue Fund to the Budget Stabilization
12Fund. This subsection (e) is inoperative from July 1, 2025,
13through 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
18revolving fund in the State treasury. The following moneys
19shall 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

10400HB1075sam002- 44 -LRB104 03072 JDS 27129 a
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
14reimbursement 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
26be appropriated to and used by the Executive Ethics Commission

10400HB1075sam002- 45 -LRB104 03072 JDS 27129 a
1for oversight and administration of the eProcurement system
2known as BidBuy, and by the Chief Procurement Officer
3appointed under paragraph (4) of subsection (a) of Section
410-20 of the Illinois Procurement Code for the operation of
5the BidBuy system previously administered by the Department.
6    Beginning in fiscal year 2022, moneys in the Fund may also
7be appropriated to and used by the Commission on Equity and
8Inclusion for its operating and administrative expenses
9related to the Business Enterprise Program, previously
10administered by the Department.
11    (c) State agencies or other State entities may direct the
12Comptroller to process inter-fund transfers or make payment
13through the voucher and warrant process to the Professional
14Services Fund in satisfaction of billings issued under
15subsection (a) of this Section.
16    (d) Reconciliation. For the fiscal year beginning on July
171, 2004 only, the Director of Central Management Services (the
18"Director") shall order that each State agency's payments and
19transfers made to the Fund be reconciled with actual Fund
20costs for professional services provided by the Department on
21no less than an annual basis. The Director may require reports
22from State agencies as deemed necessary to perform this
23reconciliation.
24    (e) (Blank).
25    (e-5) (Blank).
26    (e-7) (Blank).

10400HB1075sam002- 46 -LRB104 03072 JDS 27129 a
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
11rendered on behalf of State agencies and other State entities
12pursuant to Section 405-293 of the Department of Central
13Management Services Law of the Civil Administrative Code of
14Illinois.
15(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
16    (30 ILCS 105/6z-70)
17    Sec. 6z-70. The Secretary of State Identification Security
18and Theft Prevention Fund.
19    (a) The Secretary of State Identification Security and
20Theft Prevention Fund is created as a special fund in the State
21treasury. The Fund shall consist of any fund transfers,
22grants, fees, or moneys from other sources received for the
23purpose of funding identification security and theft
24prevention measures.
25    (b) All moneys in the Secretary of State Identification

10400HB1075sam002- 47 -LRB104 03072 JDS 27129 a
1Security and Theft Prevention Fund shall be used, subject to
2appropriation, for any costs related to implementing
3identification 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
18law to the contrary, on or after July 1, 2023, and until June
1930, 2024, in addition to any other transfers that may be
20provided for by law, at the direction of and upon notification
21of the Secretary of State, the State Comptroller shall direct
22and the State Treasurer shall transfer amounts into the
23Secretary of State Identification Security and Theft
24Prevention Fund from the designated funds not exceeding the
25following totals:    
26    Division of Corporations Registered Limited    

10400HB1075sam002- 48 -LRB104 03072 JDS 27129 a
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
6the contrary, on or after July 1, 2024, and until June 30,
72025, in addition to any other transfers that may be provided
8for by law, at the direction of and upon notification of the
9Secretary of State, the State Comptroller shall direct and the
10State Treasurer shall transfer amounts into the Secretary of
11State Identification Security and Theft Prevention Fund from
12the 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
20the contrary, on or after July 1, 2025, and until June 30,
212026, in addition to any other transfers that may be provided
22for by law, at the direction of and upon notification of the
23Secretary of State, the State Comptroller shall direct and the
24State Treasurer shall transfer amounts into the Secretary of
25State Identification Security and Theft Prevention Fund from
26the designated funds not exceeding the following totals:    

10400HB1075sam002- 49 -LRB104 03072 JDS 27129 a
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;
8103-8, 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;
12payments into and use. All monies received by the Capital
13Development Board for publications or copies issued by the
14Board, and all monies received for contract administration
15fees, charges, or reimbursements owing to the Board shall be
16deposited into a special fund known as the Capital Development
17Board Revolving Fund, which is hereby created in the State
18treasury. The monies in this Fund shall be used by the Capital
19Development Board, as appropriated, for expenditures for
20personal services, retirement, social security, contractual
21services, legal services, travel, commodities, printing,
22equipment, electronic data processing, or telecommunications.
23For fiscal year 2021 and thereafter, the monies in this Fund
24may also be appropriated to and used by the Executive Ethics
25Commission for oversight and administration of the Chief

10400HB1075sam002- 50 -LRB104 03072 JDS 27129 a
1Procurement Officer appointed under paragraph (1) of
2subsection (a) of Section 10-20 of the Illinois Procurement
3Code. Unexpended moneys in the Fund shall not be transferred
4or allocated by the Comptroller or Treasurer to any other
5fund, nor shall the Governor authorize the transfer or
6allocation of those moneys to any other fund. This Section is
7repealed July 1, 2025.
8(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
9103-8, eff. 6-7-23.)
10    (30 ILCS 105/6z-126)
11    Sec. 6z-126. Law Enforcement Training Fund. The Law
12Enforcement Training Fund is hereby created as a special fund
13in the State treasury. Moneys in the Fund shall consist of: (i)
14the share 90% of the revenue from increasing the insurance
15producer license fees allocated for transfer to the Fund , as
16provided under subsection (a-5) of Section 500-135 of the
17Illinois Insurance Code; and (ii) the share 90% of the moneys
18collected from auto insurance policy fees under Section 8.6 of
19the Illinois Vehicle Hijacking and Motor Vehicle Theft
20Prevention and Insurance Verification Act allocated for
21deposit into the Fund. This Fund shall be used by the Illinois
22Law Enforcement Training Standards Board for the following
23purposes: (i) to fund law enforcement certification
24compliance; (ii) for the development and provision of basic
25courses by Board-approved academics, and in-service courses by

10400HB1075sam002- 51 -LRB104 03072 JDS 27129 a
1approved academies; and (iii) for the ordinary and contingent
2expenses of the Illinois Law Enforcement Training Standards
3Board.
4(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
5102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, eff.
66-30-23.)
7    (30 ILCS 105/6z-144 new)
8    Sec. 6z-144. Supreme Court Indirect Cost Fund. The Supreme
9Court Indirect Cost Fund is established as a federal trust
10fund in the State treasury. Moneys received by the Supreme
11Court from any federal department or agency as an indirect
12cost reimbursement shall be deposited into the Fund. Moneys in
13the Fund shall be held by the State Treasurer as ex officio
14custodian and shall be used by the Supreme Court, subject to
15appropriation, for administrative expenses.
16    (30 ILCS 105/6z-145 new)
17    Sec. 6z-145. Office of Statewide Pretrial Services State
18Projects Fund. The Office of Statewide Pretrial Services State
19Projects Fund is established as a State trust fund in the State
20treasury. Moneys received by the Office of Statewide Pretrial
21Services from interagency agreements, interagency receipts
22from other State agencies and agencies from other states,
23private organizations, individuals, foundations, and nonprofit
24organizations for projects related to the purposes of Public

10400HB1075sam002- 52 -LRB104 03072 JDS 27129 a
1Act 101-652 and Public Act 102-1104, commonly known as the
2Safety, Accountability, Fairness and Equity-Today (SAFE-T)
3Act, shall be deposited into the Fund.
4    Moneys in the Fund shall be held by the State Treasurer as
5ex officio custodian and shall be used by the Office of
6Statewide Pretrial Services, subject to appropriation, for the
7specific purposes established by the terms and conditions of
8the grant or award and for other authorized expenses in
9accordance with State requirements. Other moneys deposited
10into the Fund may be used for purposes associated with the
11State-financed projects.    
12    (30 ILCS 105/6z-146 new)
13    Sec. 6z-146. Office of Statewide Pretrial Services Federal
14Projects Fund. The Office of Statewide Pretrial Services
15Federal Projects Fund is established as a federal trust fund
16in the State treasury. Moneys received by the Office of
17Statewide Pretrial Services from any federal department or
18agency, subject to appropriation, including, but not limited
19to, grants or awards, shall be deposited into the Fund. In
20addition, the Fund may also receive interagency receipts from
21other State agencies and agencies from other states. Moneys in
22the Fund shall be held by the State Treasurer as ex officio
23custodian and shall be used by the Office of Statewide
24Pretrial Services, subject to appropriation, for the specific
25purposes established by the terms and conditions of the

10400HB1075sam002- 53 -LRB104 03072 JDS 27129 a
1federal grant or award and for other authorized expenses in
2accordance with federal requirements.
3    (30 ILCS 105/6z-147 new)
4    Sec. 6z-147. Office of Statewide Pretrial Services
5Indirect Cost Fund. The Office of Statewide Pretrial Services
6Indirect Cost Fund is established as a federal trust fund in
7the State treasury. Moneys received by the Office of Statewide
8Pretrial Services from any federal department or agency as an
9indirect cost reimbursement shall be deposited into the Fund.
10Moneys in the Fund shall be held by the State Treasurer as ex
11officio custodian and shall be used by the Office of Statewide
12Pretrial Services, subject to appropriation, for
13administrative 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
17fund in the State treasury. The Fund may receive revenue from
18any authorized source, including, but not limited to,
19transfers and appropriations from other funds in the State
20treasury. Any interest earned on moneys in the Fund shall be
21retained in the Fund.
22    (b) Subject to appropriation, moneys in the Fund shall be
23used for additional State contributions associated with
24adjustments to the earnings limitations specified in

10400HB1075sam002- 54 -LRB104 03072 JDS 27129 a
1subsection (b-5) of Section 1-160 of the Illinois Pension Code
2and subsection (b) of Section 15-111 of the Illinois Pension
3Code. Distributions from the Fund shall be allocated as
4follows:
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
11the 104th General Assembly, any enforceable determination
12concludes that the benefits for a Tier 2 member or participant
13under Section 1-160 or 15-111 of the Illinois Pension Code do
14not provide the minimum retirement benefits required under
15Internal Revenue Service regulations or other provisions of
16federal law such that the wages of such member or participant
17would be subject to tax under the Federal Insurance
18Contributions Act, then moneys in the Tier 2 SSWB Reserve Fund
19may be used by the State Employees' Retirement System of
20Illinois, the Teachers' Retirement System of the State of
21Illinois, or the State Universities Retirement System to pay
22the difference between benefits otherwise available and
23benefits that would constitute minimum retirement benefits
24under applicable federal law or regulation. This subsection
25shall constitute a continuing appropriation of all amounts
26necessary for such purposes.

10400HB1075sam002- 55 -LRB104 03072 JDS 27129 a
1    (30 ILCS 105/8.3)
2    Sec. 8.3. Money in the Road Fund shall, if and when the
3State of Illinois incurs any bonded indebtedness for the
4construction of permanent highways, be set aside and used for
5the purpose of paying and discharging annually the principal
6and interest on that bonded indebtedness then due and payable,
7and for no other purpose. The surplus, if any, in the Road Fund
8after the payment of principal and interest on that bonded
9indebtedness 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

10400HB1075sam002- 56 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 57 -LRB104 03072 JDS 27129 a
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
10the Road Fund. Appropriations may also be made from the Road
11Fund for the administrative expenses of any State agency that
12are related to motor vehicles or arise from the use of motor
13vehicles.
14    Beginning with fiscal year 1980 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible 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

10400HB1075sam002- 58 -LRB104 03072 JDS 27129 a
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
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible 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
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement: Department of Central

10400HB1075sam002- 59 -LRB104 03072 JDS 27129 a
1Management Services, except for awards made by the Illinois
2Workers' Compensation Commission under the terms of the
3Workers' Compensation Act or Workers' Occupational Diseases
4Act for injury or death of an employee of the Division of
5Highways in the Department of Transportation.
6    Beginning with fiscal year 1984 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible 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
17Fund monies shall be appropriated to any Department or agency
18of State government for administration, grants, or operations
19except as provided hereafter; but this limitation is not a
20restriction upon appropriating for those purposes any Road
21Fund monies that are eligible for federal reimbursement. It
22shall not be lawful to circumvent the above appropriation
23limitations by governmental reorganization or other methods.
24Appropriations shall be made from the Road Fund only in
25accordance with the provisions of this Section.
26    Money in the Road Fund shall, if and when the State of

10400HB1075sam002- 60 -LRB104 03072 JDS 27129 a
1Illinois incurs any bonded indebtedness for the construction
2of permanent highways, be set aside and used for the purpose of
3paying and discharging during each fiscal year the principal
4and interest on that bonded indebtedness as it becomes due and
5payable as provided in the General Obligation Bond Act, and
6for no other purpose. The surplus, if any, in the Road Fund
7after the payment of principal and interest on that bonded
8indebtedness 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

10400HB1075sam002- 61 -LRB104 03072 JDS 27129 a
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
20the Road Fund or the Grade Crossing Protection Fund as
21provided in Section 8 of the Motor Fuel Tax Law.
22    Except as provided in this paragraph, beginning with
23fiscal year 1991 and thereafter, no Road Fund monies shall be
24appropriated to the Illinois State Police for the purposes of
25this Section in excess of its total fiscal year 1990 Road Fund
26appropriations for those purposes unless otherwise provided in

10400HB1075sam002- 62 -LRB104 03072 JDS 27129 a
1Section 5g of this Act. For fiscal years 2003, 2004, 2005,
22006, and 2007 only, no Road Fund monies shall be appropriated
3to the Department of State Police for the purposes of this
4Section in excess of $97,310,000. For fiscal year 2008 only,
5no Road Fund monies shall be appropriated to the Department of
6State Police for the purposes of this Section in excess of
7$106,100,000. For fiscal year 2009 only, no Road Fund monies
8shall be appropriated to the Department of State Police for
9the purposes of this Section in excess of $114,700,000.
10Beginning in fiscal year 2010, no Road Fund moneys shall be
11appropriated to the Illinois State Police. It shall not be
12lawful to circumvent this limitation on appropriations by
13governmental reorganization or other methods unless otherwise
14provided in Section 5g of this Act.
15    In fiscal year 1994, no Road Fund monies shall be
16appropriated to the Secretary of State for the purposes of
17this Section in excess of the total fiscal year 1991 Road Fund
18appropriations to the Secretary of State for those purposes,
19plus $9,800,000. It shall not be lawful to circumvent this
20limitation on appropriations by governmental reorganization or
21other method.
22    Beginning with fiscal year 1995 and thereafter, no Road
23Fund monies shall be appropriated to the Secretary of State
24for the purposes of this Section in excess of the total fiscal
25year 1994 Road Fund appropriations to the Secretary of State
26for those purposes. It shall not be lawful to circumvent this

10400HB1075sam002- 63 -LRB104 03072 JDS 27129 a
1limitation on appropriations by governmental reorganization or
2other methods.
3    Beginning with fiscal year 2000, total Road Fund
4appropriations to the Secretary of State for the purposes of
5this Section shall not exceed the amounts specified for the
6following fiscal years:
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.
17    For fiscal year 2010, no road fund moneys shall be
18appropriated to the Secretary of State.
19    Beginning in fiscal year 2011, moneys in the Road Fund
20shall be appropriated to the Secretary of State for the
21exclusive purpose of paying refunds due to overpayment of fees
22related to Chapter 3 of the Illinois Vehicle Code unless
23otherwise provided for by law.
24    Beginning in fiscal year 2025, moneys in the Road Fund may
25be appropriated to the Environmental Protection Agency for the
26exclusive purpose of making deposits into the Electric Vehicle

10400HB1075sam002- 64 -LRB104 03072 JDS 27129 a
1Rebate Fund, subject to appropriation, to be used for purposes
2consistent with Section 11 of Article IX of the Illinois
3Constitution.
4    In fiscal year 2026, in addition to any other uses
5permitted by law, moneys in the Road Fund may be used, subject
6to appropriation, by the Department of Transportation for
7grants to port districts for the purpose of making
8infrastructure improvements consistent with Section 11 of
9Article IX of the Illinois Constitution.    
10    It shall not be lawful to circumvent this limitation on
11appropriations by governmental reorganization or other
12methods.
13    No new program may be initiated in fiscal year 1991 and
14thereafter that is not consistent with the limitations imposed
15by this Section for fiscal year 1984 and thereafter, insofar
16as appropriation of Road Fund monies is concerned.
17    Nothing in this Section prohibits transfers from the Road
18Fund to the State Construction Account Fund under Section 5e
19of this Act; nor to the General Revenue Fund, as authorized by
20Public Act 93-25.
21    The additional amounts authorized for expenditure in this
22Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
23shall be repaid to the Road Fund from the General Revenue Fund
24in the next succeeding fiscal year that the General Revenue
25Fund has a positive budgetary balance, as determined by
26generally accepted accounting principles applicable to

10400HB1075sam002- 65 -LRB104 03072 JDS 27129 a
1government.
2    The additional amounts authorized for expenditure by the
3Secretary of State and the Department of State Police in this
4Section by Public Act 94-91 shall be repaid to the Road Fund
5from the General Revenue Fund in the next succeeding fiscal
6year that the General Revenue Fund has a positive budgetary
7balance, as determined by generally accepted accounting
8principles applicable to government.
9(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
10102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
116-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,
12eff. 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
16exclusively for the administration of the Revised Uniform
17Unclaimed Property Act and for the expenses incurred by the
18Auditor General for administering the provisions of Section
192-8.1 of the Illinois State Auditing Act and for operational
20expenses of the Office of the State Treasurer and for the
21funding of the unfunded liabilities of the designated
22retirement systems. For the purposes of this Section,
23"operational expenses of the Office of the State Treasurer"
24includes the acquisition of land and buildings in State fiscal
25years 2019 and 2020 for use by the Office of the State

10400HB1075sam002- 66 -LRB104 03072 JDS 27129 a
1Treasurer, as well as construction, reconstruction,
2improvement, repair, and maintenance, in accordance with the
3provisions of laws relating thereto, of such lands and
4buildings beginning in State fiscal year 2019 and thereafter.
5Beginning in State fiscal year 2027 2026, payments to the
6designated retirement systems under this Section shall be in
7addition to, and not in lieu of, any State contributions
8required 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
18from the State Pensions Fund for the administration of the
19Revised Uniform Unclaimed Property Act.
20    (c) (Blank).
21    (c-5) For fiscal years 2006 through 2026 2025, the General
22Assembly shall appropriate from the State Pensions Fund to the
23State Universities Retirement System the amount estimated to
24be available during the fiscal year in the State Pensions
25Fund; provided, however, that the amounts appropriated under
26this subsection (c-5) shall not reduce the amount in the State

10400HB1075sam002- 67 -LRB104 03072 JDS 27129 a
1Pensions Fund below $5,000,000.
2    (c-6) For fiscal year 2027 2026 and each fiscal year
3thereafter, as soon as may be practical after any money is
4deposited into the State Pensions Fund from the Unclaimed
5Property Trust Fund, the State Treasurer shall apportion the
6deposited amount among the designated retirement systems as
7defined in subsection (a) to reduce their actuarial reserve
8deficiencies. The State Comptroller and State Treasurer shall
9pay the apportioned amounts to the designated retirement
10systems to fund the unfunded liabilities of the designated
11retirement systems. The amount apportioned to each designated
12retirement system shall constitute a portion of the amount
13estimated to be available for appropriation from the State
14Pensions Fund that is the same as that retirement system's
15portion of the total actual reserve deficiency of the systems,
16as determined annually by the Governor's Office of Management
17and Budget at the request of the State Treasurer. The amounts
18apportioned under this subsection shall not reduce the amount
19in the State Pensions Fund below $5,000,000.
20    (d) The Governor's Office of Management and Budget shall
21determine the individual and total reserve deficiencies of the
22designated retirement systems. For this purpose, the
23Governor's Office of Management and Budget shall utilize the
24latest available audit and actuarial reports of each of the
25retirement systems and the relevant reports and statistics of
26the Public Employee Pension Fund Division of the Department of

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1Insurance.
2    (d-1) (Blank).
3    (e) The changes to this Section made by Public Act 88-593
4shall first apply to distributions from the Fund for State
5fiscal year 1996.
6(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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
13provided for by law, on August 30 of each fiscal year's license
14period, the Illinois Liquor Control Commission shall direct
15and the State Comptroller and State Treasurer shall transfer
16from the General Revenue Fund to the Youth Alcoholism and
17Substance Abuse Prevention Fund an amount equal to the number
18of retail liquor licenses issued for that fiscal year
19multiplied by $50. This subsection (c) is inoperative from
20July 1, 2025, through June 30, 2026.    
21    (d) The payments to programs required under subsection (d)
22of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
23be made, pursuant to appropriation, from the special funds
24referred to in the statutes cited in that subsection, rather
25than directly from the General Revenue Fund.

10400HB1075sam002- 69 -LRB104 03072 JDS 27129 a
1    Beginning January 1, 2000, on the first day of each month,
2or as soon as may be practical thereafter, the State
3Comptroller shall direct and the State Treasurer shall
4transfer from the General Revenue Fund to each of the special
5funds from which payments are to be made under subsection (d)
6of Section 28.1 of the Illinois Horse Racing Act of 1975 an
7amount equal to 1/12 of the annual amount required for those
8payments from that special fund, which annual amount shall not
9exceed the annual amount for those payments from that special
10fund for the calendar year 1998. The special funds to which
11transfers shall be made under this subsection (d) include, but
12are not necessarily limited to, the Agricultural Premium Fund;
13the Metropolitan Exposition, Auditorium and Office Building
14Fund, but only through fiscal year 2021 and not thereafter;
15the Fair and Exposition Fund; the Illinois Standardbred
16Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
17the Illinois Veterans' Rehabilitation Fund. Except for
18transfers attributable to prior fiscal years, during State
19fiscal year 2020 only, no transfers shall be made from the
20General Revenue Fund to the Agricultural Premium Fund, the
21Fair and Exposition Fund, the Illinois Standardbred Breeders
22Fund, or the Illinois Thoroughbred Breeders Fund.
23(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
24102-558, eff. 8-20-21.)
25    (30 ILCS 105/8g-1)

10400HB1075sam002- 70 -LRB104 03072 JDS 27129 a
1    Sec. 8g-1. Fund transfers.
2    (a) (Blank).
3    (b) (Blank).
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).
18    (q) (Blank).
19    (r) (Blank).
20    (s) (Blank).
21    (t) (Blank).
22    (u) (Blank).
23    (v) (Blank).
24    (w) (Blank).
25    (x) (Blank).
26    (y) (Blank).

10400HB1075sam002- 71 -LRB104 03072 JDS 27129 a
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
15provided for by law, beginning on the effective date of the
16changes made to this Section by this amendatory Act of the
17103rd General Assembly and until June 30, 2024, as directed by
18the Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer up to a total of $1,500,000,000 from
20the General Revenue Fund to the State Coronavirus Urgent
21Remediation Emergency Fund.    
22    (nn) In addition to any other transfers that may be
23provided for by law, beginning on the effective date of the
24changes made to this Section by this amendatory Act of the
25103rd General Assembly and until June 30, 2024, as directed by
26the Governor, the State Comptroller shall direct and the State

10400HB1075sam002- 72 -LRB104 03072 JDS 27129 a
1Treasurer shall transfer up to a total of $424,000,000 from
2the General Revenue Fund to the Build Illinois Bond Fund.    
3    (oo) In addition to any other transfers that may be
4provided for by law, on July 1, 2023, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $500,000 from the General
7Revenue Fund to the Governor's Administrative Fund.
8    (pp) In addition to any other transfers that may be
9provided for by law, on July 1, 2023, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $500,000 from the General
12Revenue Fund to the Grant Accountability and Transparency
13Fund.    
14    (qq) In addition to any other transfers that may be
15provided for by law, beginning on the effective date of the
16changes made to this Section by this amendatory Act of the
17103rd General Assembly and until June 30, 2024, as directed by
18the Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer up to a total of $350,000,000 from
20the General Revenue Fund to the Fund for Illinois' Future.
21    (rr) In addition to any other transfers that may be
22provided for by law, on July 1, 2024, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $500,000 from the General
25Revenue Fund to the Governor's Administrative Fund.
26    (ss) In addition to any other transfers that may be

10400HB1075sam002- 73 -LRB104 03072 JDS 27129 a
1provided for by law, on July 1, 2024, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $500,000 from the General
4Revenue Fund to the Grant Accountability and Transparency
5Fund.
6    (tt) In addition to any other transfers that may be
7provided for by law, on July 1, 2024, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $25,000,000 from the
10Violent Crime Witness Protection Program Fund to the General
11Revenue Fund.
12    In addition to any other transfers that may be provided
13for by law, beginning on the effective date of the changes made
14to this Section by this amendatory Act of the 104th General
15Assembly and until June 30, 2025, as directed by the Governor,
16the State Comptroller shall direct and the State Treasurer
17shall transfer up to a total of $370,000,000 from the General
18Revenue Fund to the Fund for Illinois' Future.    
19    In addition to any other transfers that may be provided
20for by law, on July 1, 2025, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Governor's Administrative Fund.    
24    In addition to any other transfers that may be provided
25for by law, on July 1, 2025, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

10400HB1075sam002- 74 -LRB104 03072 JDS 27129 a
1Treasurer shall transfer the sum of $100,000 from the General
2Revenue Fund to the Grant Accountability and Transparency
3Fund.    
4    In addition to any other transfers that may be provided
5for by law, on July 1, 2025, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the
8General Revenue Fund to the DHS State Projects Fund.    
9    In addition to any other transfers that may be provided
10for by law, on July 1, 2025, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $4,000,000 from the
13Capital Projects Fund to the Capital Development Board
14Revolving Fund.    
15    In addition to any other transfers that may be provided
16for by law, on July 1, 2025, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $15,000,000 from the
19Criminal Justice Information Projects Fund to the Department
20of Human Services Community Services Fund.    
21    In addition to any other transfers that may be provided
22for by law, on July 1, 2025, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the
25Underground Storage Tank Fund to the Brownfields Redevelopment
26Fund.

10400HB1075sam002- 75 -LRB104 03072 JDS 27129 a
1    In addition to any other transfers that may be provided
2for by law, on July 1, 2025, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $10,000,000 from the State
5Police Services Fund to the State Police Operations Assistance
6Fund.    
7    In addition to any other transfers that may be provided
8for by law, on the effective date of this amendatory Act of the
9104th General Assembly or as soon thereafter as practical, but
10no later than June 30, 2025, the State Comptroller shall
11direct and the State Treasurer shall transfer $200,000,000
12from the General Revenue Fund to the Technology Management
13Revolving Fund.    
14    In addition to any other transfers that may be provided
15for by law, on July 1, 2025, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer $3,000,000 from the Compassionate Use
18of Medical Cannabis Fund to the Department of Human Services
19Community Services Fund.
20    In addition to any other transfers that may be provided
21for by law, on July 1, 2025, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer $75,000,000 from the General Revenue
24Fund to the Tier 2 SSWB Reserve Fund.
25    In addition to any other transfers that may be provided
26for by law, on July 1, 2025, or as soon thereafter as

10400HB1075sam002- 76 -LRB104 03072 JDS 27129 a
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer $6,000,000 from the Illinois
3Agricultural Loan Guarantee Fund to the General Revenue Fund.    
4    In addition to any other transfers that may be provided
5for by law, on July 1, 2025, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer $4,000,000 from the Illinois Farmer
8and Agribusiness Loan Guarantee Fund to the General Revenue
9Fund.    
10    In addition to any other transfers that may be provided
11for by law, on July 1, 2025, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer $20,000,000 from the Insurance
14Producer Administration Fund to the General Revenue Fund.    
15    In addition to any other transfers that may be provided
16for by law, on July 1, 2025, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $12,500,000 from the
19Compassionate Use of Medical Cannabis Fund to the Statewide
209-8-8 Trust Fund. Beginning June 30, 2026, at the direction of
21the Secretary of Human Services, the State Comptroller shall
22direct and the State Treasurer shall transfer the sum of
23$12,500,000 from the Statewide 9-8-8 Trust Fund to the
24Compassionate Use of Medical Cannabis Fund.    
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
26102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,

10400HB1075sam002- 77 -LRB104 03072 JDS 27129 a
1Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
2103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)
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
6treasury fund for the objects specified in this Section may be
7made in the manner provided in this Section when the balance
8remaining in one or more such line item appropriations is
9insufficient for the purpose for which the appropriation was
10made.
11    (a-1) No transfers may be made from one agency to another
12agency, nor may transfers be made from one institution of
13higher education to another institution of higher education
14except as provided by subsections subsection (a-4) and (a-5).
15    (a-2) Except as otherwise provided in this Section,
16transfers may be made only among the objects of expenditure
17enumerated in this Section, except that no funds may be
18transferred from any appropriation for personal services, from
19any appropriation for State contributions to the State
20Employees' Retirement System, from any separate appropriation
21for employee retirement contributions paid by the employer,
22nor from any appropriation for State contribution for employee
23group insurance.
24    (a-2.5) (Blank).
25    (a-3) Further, if an agency receives a separate

10400HB1075sam002- 78 -LRB104 03072 JDS 27129 a
1appropriation for employee retirement contributions paid by
2the employer, any transfer by that agency into an
3appropriation for personal services must be accompanied by a
4corresponding transfer into the appropriation for employee
5retirement contributions paid by the employer, in an amount
6sufficient to meet the employer share of the employee
7contributions required to be remitted to the retirement
8system.
9    (a-4) Long-Term Care Rebalancing. The Governor may
10designate amounts set aside for institutional services
11appropriated from the General Revenue Fund or any other State
12fund that receives monies for long-term care services to be
13transferred to all State agencies responsible for the
14administration of community-based long-term care programs,
15including, but not limited to, community-based long-term care
16programs administered by the Department of Healthcare and
17Family Services, the Department of Human Services, and the
18Department on Aging, provided that the Director of Healthcare
19and Family Services first certifies that the amounts being
20transferred are necessary for the purpose of assisting persons
21in or at risk of being in institutional care to transition to
22community-based settings, including the financial data needed
23to prove the need for the transfer of funds. The total amounts
24transferred shall not exceed 4% in total of the amounts
25appropriated from the General Revenue Fund or any other State
26fund that receives monies for long-term care services for each

10400HB1075sam002- 79 -LRB104 03072 JDS 27129 a
1fiscal year. A notice of the fund transfer must be made to the
2General Assembly and posted at a minimum on the Department of
3Healthcare and Family Services website, the Governor's Office
4of Management and Budget website, and any other website the
5Governor sees fit. These postings shall serve as notice to the
6General Assembly of the amounts to be transferred. Notice
7shall be given at least 30 days prior to transfer.
8    (a-5) Early Childhood Rebalancing. Notwithstanding any
9other provision of this Section, during State fiscal year 2026
10only, the Governor may designate amounts set aside for any
11costs of the Department of Early Childhood appropriated from
12the General Revenue Fund to be transferred to the Department
13of Early Childhood or to the Department of Human Services,
14provided that both (i) the Secretary of Early Childhood or the
15Secretary of Early Childhood's designee and (ii) the Secretary
16of Human Services or the Secretary of Human Services'
17designee, first certify that the amounts being transferred are
18necessary for achieving the purposes of the Department of
19Early Childhood Act. The Governor shall provide notice of any
20transfers under this subsection (a-5) to the State Comptroller
21as provided in subsection (d).    
22    (b) In addition to the general transfer authority provided
23under subsection (c), the following agencies have the specific
24transfer authority granted in this subsection:
25    The Department of Healthcare and Family Services is
26authorized to make transfers representing savings attributable

10400HB1075sam002- 80 -LRB104 03072 JDS 27129 a
1to not increasing grants due to the births of additional
2children from line items for payments of cash grants to line
3items for payments for employment and social services for the
4purposes outlined in subsection (f) of Section 4-2 of the
5Illinois Public Aid Code.
6    The Department of Children and Family Services is
7authorized to make transfers not exceeding 2% of the aggregate
8amount appropriated to it within the same treasury fund for
9the following line items among these same line items: Foster
10Home and Specialized Foster Care and Prevention, Institutions
11and Group Homes and Prevention, and Purchase of Adoption and
12Guardianship Services.
13    The Department on Aging is authorized to make transfers
14not exceeding 10% of the aggregate amount appropriated to it
15within the same treasury fund for the following Community Care
16Program line items among these same line items: purchase of
17services covered by the Community Care Program and
18Comprehensive Case Coordination.
19    The State Board of Education is authorized to make
20transfers from line item appropriations within the same
21treasury fund for General State Aid, General State Aid - Hold
22Harmless, and Evidence-Based Funding, provided that no such
23transfer may be made unless the amount transferred is no
24longer required for the purpose for which that appropriation
25was made, to the line item appropriation for Transitional
26Assistance when the balance remaining in such line item

10400HB1075sam002- 81 -LRB104 03072 JDS 27129 a
1appropriation is insufficient for the purpose for which the
2appropriation was made.
3    The State Board of Education is authorized to make
4transfers between the following line item appropriations
5within the same treasury fund: Disabled Student
6Services/Materials (Section 14-13.01 of the School Code),
7Disabled Student Transportation Reimbursement (Section
814-13.01 of the School Code), Disabled Student Tuition -
9Private Tuition (Section 14-7.02 of the School Code),
10Extraordinary Special Education (Section 14-7.02b of the
11School Code), Reimbursement for Free Lunch/Breakfast Program,
12Summer School Payments (Section 18-4.3 of the School Code),
13and Transportation - Regular/Vocational Reimbursement (Section
1429-5 of the School Code). Such transfers shall be made only
15when the balance remaining in one or more such line item
16appropriations is insufficient for the purpose for which the
17appropriation was made and provided that no such transfer may
18be made unless the amount transferred is no longer required
19for the purpose for which that appropriation was made.
20    The Department of Healthcare and Family Services is
21authorized to make transfers not exceeding 4% of the aggregate
22amount appropriated to it, within the same treasury fund,
23among the various line items appropriated for Medical
24Assistance.
25    The Department of Central Management Services is
26authorized to make transfers not exceeding 2% of the aggregate

10400HB1075sam002- 82 -LRB104 03072 JDS 27129 a
1amount appropriated to it, within the same treasury fund, from
2the various line items appropriated to the Department, into
3the following line item appropriations: auto liability claims
4and related expenses and payment of claims under the State
5Employee Indemnification Act.
6    (c) The sum of such transfers for an agency in a fiscal
7year shall not exceed 2% of the aggregate amount appropriated
8to it within the same treasury fund for the following objects:
9Personal Services; Extra Help; Student and Inmate
10Compensation; State Contributions to Retirement Systems; State
11Contributions to Social Security; State Contribution for
12Employee Group Insurance; Contractual Services; Travel;
13Commodities; Printing; Equipment; Electronic Data Processing;
14Operation of Automotive Equipment; Telecommunications
15Services; Travel and Allowance for Committed, Paroled and
16Discharged Prisoners; Library Books; Federal Matching Grants
17for Student Loans; Refunds; Workers' Compensation,
18Occupational Disease, and Tort Claims; Late Interest Penalties
19under the State Prompt Payment Act and Sections 368a and 370a
20of the Illinois Insurance Code; and, in appropriations to
21institutions of higher education, Awards and Grants.
22Notwithstanding the above, any amounts appropriated for
23payment of workers' compensation claims to an agency to which
24the authority to evaluate, administer and pay such claims has
25been delegated by the Department of Central Management
26Services may be transferred to any other expenditure object

10400HB1075sam002- 83 -LRB104 03072 JDS 27129 a
1where such amounts exceed the amount necessary for the payment
2of 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
132024. Notwithstanding any other provision of this Section, for
14State fiscal year 2024, transfers among line item
15appropriations to a State agency from the same State treasury
16fund may be made for operational or lump sum expenses only,
17provided that the sum of such transfers for a State agency in
18State fiscal year 2024 shall not exceed 8% of the aggregate
19amount appropriated to that State agency for operational or
20lump sum expenses for State fiscal year 2024. For the purpose
21of this subsection, "operational or lump sum expenses"
22includes the following objects: personal services; extra help;
23student and inmate compensation; State contributions to
24retirement systems; State contributions to social security;
25State contributions for employee group insurance; contractual
26services; travel; commodities; printing; equipment; electronic

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1data processing; operation of automotive equipment;
2telecommunications services; travel and allowance for
3committed, paroled, and discharged prisoners; library books;
4federal matching grants for student loans; refunds; workers'
5compensation, occupational disease, and tort claims; late
6interest penalties under the State Prompt Payment Act and
7Sections 368a and 370a of the Illinois Insurance Code; lump
8sum and other purposes; and lump sum operations. For the
9purpose of this subsection, "State agency" does not include
10the Attorney General, the Comptroller, the Treasurer, or the
11judicial or legislative branches.    
12    (c-11) Special provisions for State fiscal year 2025.
13Notwithstanding any other provision of this Section, for State
14fiscal year 2025, transfers among line item appropriations to
15a State agency from the same State treasury fund may be made
16for operational or lump sum expenses only, provided that the
17sum of such transfers for a State agency in State fiscal year
182025 shall not exceed 4% of the aggregate amount appropriated
19to that State agency for operational or lump sum expenses for
20State fiscal year 2025. For the purpose of this subsection,
21"operational or lump sum expenses" includes the following
22objects: personal services; extra help; student and inmate
23compensation; State contributions to retirement systems; State
24contributions to social security; State contributions for
25employee group insurance; contractual services; travel;
26commodities; printing; equipment; electronic data processing;

10400HB1075sam002- 85 -LRB104 03072 JDS 27129 a
1operation of automotive equipment; telecommunications
2services; travel and allowance for committed, paroled, and
3discharged prisoners; library books; federal matching grants
4for student loans; refunds; workers' compensation,
5occupational disease, and tort claims; late interest penalties
6under the State Prompt Payment Act and Sections 368a and 370a
7of the Illinois Insurance Code; lump sum and other purposes;
8and lump sum operations. For the purpose of this subsection,
9"State agency" does not include the Attorney General, the
10Comptroller, the Treasurer, or the judicial or legislative
11branches.
12    (c-12) Special provisions for State fiscal year 2026.
13Notwithstanding any other provision of this Section, for State
14fiscal year 2026, transfers among line item appropriations to
15a State agency from the same State treasury fund may be made
16for operational or lump sum expenses only, provided that the
17sum of such transfers for a State agency in State fiscal year
182025 shall not exceed 4% of the aggregate amount appropriated
19to that State agency for operational or lump sum expenses for
20State fiscal year 2026. For the purpose of this subsection,
21"operational or lump sum expenses" includes the following
22objects: personal services; extra help; student and inmate
23compensation; State contributions to retirement systems; State
24contributions to social security; State contributions for
25employee group insurance; contractual services; travel;
26commodities; printing; equipment; electronic data processing;

10400HB1075sam002- 86 -LRB104 03072 JDS 27129 a
1operation of automotive equipment; telecommunications
2services; travel and allowance for committed, paroled, and
3discharged prisoners; library books; federal matching grants
4for student loans; refunds; workers' compensation,
5occupational disease, and tort claims; late interest penalties
6under the State Prompt Payment Act and Sections 368a and 370a
7of the Illinois Insurance Code; lump sum and other purposes;
8and lump sum operations. For the purpose of this subsection,
9"State agency" does not include the Attorney General, the
10Comptroller, the Treasurer, or the judicial or legislative
11branches.    
12    (d) Transfers among appropriations made to agencies of the
13Legislative and Judicial departments and to the
14constitutionally elected officers in the Executive branch
15require the approval of the officer authorized in Section 10
16of this Act to approve and certify vouchers. Transfers among
17appropriations made to the University of Illinois, Southern
18Illinois University, Chicago State University, Eastern
19Illinois University, Governors State University, Illinois
20State University, Northeastern Illinois University, Northern
21Illinois University, Western Illinois University, the Illinois
22Mathematics and Science Academy and the Board of Higher
23Education require the approval of the Board of Higher
24Education and the Governor. Transfers among appropriations to
25all other agencies require the approval of the Governor.
26    The officer responsible for approval shall certify that

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1the transfer is necessary to carry out the programs and
2purposes for which the appropriations were made by the General
3Assembly and shall transmit to the State Comptroller a
4certified copy of the approval which shall set forth the
5specific amounts transferred so that the Comptroller may
6change his records accordingly. The Comptroller shall furnish
7the Governor with information copies of all transfers approved
8for agencies of the Legislative and Judicial departments and
9transfers approved by the constitutionally elected officials
10of the Executive branch other than the Governor, showing the
11amounts transferred and indicating the dates such changes were
12entered on the Comptroller's records.
13    (e) The State Board of Education, in consultation with the
14State Comptroller, may transfer line item appropriations for
15General State Aid or Evidence-Based Funding among the Common
16School Fund and the Education Assistance Fund, and, for State
17fiscal year 2020 and each fiscal year thereafter, the Fund for
18the Advancement of Education. With the advice and consent of
19the Governor's Office of Management and Budget, the State
20Board of Education, in consultation with the State
21Comptroller, may transfer line item appropriations between the
22General Revenue Fund and the Education Assistance Fund for the
23following 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
16thereafter, the Department on Aging, in consultation with the
17State Comptroller, with the advice and consent of the
18Governor's Office of Management and Budget, may transfer line
19item appropriations for purchase of services covered by the
20Community Care Program between the General Revenue Fund and
21the Commitment to Human Services Fund.
22    (g) For State fiscal year 2024 and each fiscal year
23thereafter, if requested by an agency chief executive officer
24and authorized and approved by the Comptroller, the
25Comptroller may direct and the Treasurer shall transfer funds
26from the General Revenue Fund to fund payroll expenses that

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1meet the payroll transaction exception criteria as defined by
2the Comptroller in the Statewide Accounting Management System
3(SAMS) Manual. The agency shall then transfer these funds back
4to the General Revenue Fund within 30 7 days.
5(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
6103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
7    Section 5-35. The State Revenue Sharing Act is amended by
8changing Section 12 as follows:
9    (30 ILCS 115/12)    (from Ch. 85, par. 616)
10    Sec. 12. Personal Property Tax Replacement Fund. There is
11hereby created the Personal Property Tax Replacement Fund, a
12special fund in the State Treasury into which shall be paid all
13revenue 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
5Department of Revenue shall certify to the Treasurer and the
6Comptroller the amount of all refunds paid out of the General
7Revenue Fund through the preceding month on account of
8overpayment of liability on taxes paid into the Personal
9Property Tax Replacement Fund. Upon receipt of such
10certification, the Treasurer and the Comptroller shall
11transfer the amount so certified from the Personal Property
12Tax Replacement Fund into the General Revenue Fund.
13    The payments of revenue into the Personal Property Tax
14Replacement Fund shall be used exclusively for distribution to
15taxing districts, regional offices and officials, and local
16officials as provided in this Section and in the School Code,
17payment of the ordinary and contingent expenses of the
18Property Tax Appeal Board, payment of the expenses of the
19Department of Revenue incurred in administering the collection
20and distribution of monies paid into the Personal Property Tax
21Replacement Fund and transfers due to refunds to taxpayers for
22overpayment of liability for taxes paid into the Personal
23Property Tax Replacement Fund.
24    In addition, moneys in the Personal Property Tax
25Replacement Fund may be used to pay any of the following: (i)
26salary, stipends, and additional compensation as provided by

10400HB1075sam002- 91 -LRB104 03072 JDS 27129 a
1law for chief election clerks, county clerks, and county
2recorders; (ii) costs associated with regional offices of
3education and educational service centers; (iii)
4reimbursements payable by the State Board of Elections under
5Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
6Election Code; (iv) expenses of the Illinois Educational Labor
7Relations Board; and (v) salary, personal services, and
8additional compensation as provided by law for court reporters
9under the Court Reporters Act.
10    As soon as may be after June 26, 1980 (the effective date
11of Public Act 81-1255), the Department of Revenue shall
12certify to the Treasurer the amount of net replacement revenue
13paid into the General Revenue Fund prior to that effective
14date from the additional tax imposed by Section 2a.1 of the
15Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
16Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
17the Water Company Invested Capital Tax Act; amounts collected
18by the Department of Revenue under the Telecommunications
19Infrastructure Maintenance Fee Act; and the additional
20personal property tax replacement income tax imposed by the
21Illinois Income Tax Act, as amended by Public Act 81-1st
22Special Session-1. Net replacement revenue shall be defined as
23the total amount paid into and remaining in the General
24Revenue Fund as a result of those Acts minus the amount
25outstanding and obligated from the General Revenue Fund in
26state vouchers or warrants prior to June 26, 1980 (the

10400HB1075sam002- 92 -LRB104 03072 JDS 27129 a
1effective date of Public Act 81-1255) as refunds to taxpayers
2for overpayment of liability under those Acts.
3    All interest earned by monies accumulated in the Personal
4Property Tax Replacement Fund shall be deposited into in such
5Fund. All amounts allocated pursuant to this Section are
6appropriated on a continuing basis.
7    Prior to December 31, 1980, as soon as may be after the end
8of each quarter beginning with the quarter ending December 31,
91979, and on and after December 31, 1980, as soon as may be
10after January 1, March 1, April 1, May 1, July 1, August 1,
11October 1 and December 1 of each year, the Department of
12Revenue shall allocate to each taxing district as defined in
13Section 1-150 of the Property Tax Code, in accordance with the
14provisions of paragraph (2) of this Section the portion of the
15funds held in the Personal Property Tax Replacement Fund which
16is required to be distributed, as provided in paragraph (1),
17for each quarter. Provided, however, under no circumstances
18shall any taxing district during each of the first 2 two years
19of distribution of the taxes imposed by Public Act 81-1st
20Special Session-1 be entitled to an annual allocation which is
21less than the funds such taxing district collected from the
221978 personal property tax. Provided further that under no
23circumstances shall any taxing district during the third year
24of distribution of the taxes imposed by Public Act 81-1st
25Special Session-1 receive less than 60% of the funds such
26taxing district collected from the 1978 personal property tax.

10400HB1075sam002- 93 -LRB104 03072 JDS 27129 a
1In the event that the total of the allocations made as above
2provided for all taxing districts, during either of such 3
3years, exceeds the amount available for distribution the
4allocation of each taxing district shall be proportionately
5reduced. Except as provided in Section 13 of this Act, the
6Department shall then certify, pursuant to appropriation, such
7allocations to the State Comptroller who shall pay over to the
8several taxing districts the respective amounts allocated to
9them.
10    Any township which receives an allocation based in whole
11or in part upon personal property taxes which it levied
12pursuant to Section 6-507 or 6-512 of the Illinois Highway
13Code and which was previously required to be paid over to a
14municipality shall immediately pay over to that municipality a
15proportionate share of the personal property replacement funds
16which such township receives.
17    Any municipality or township, other than a municipality
18with a population in excess of 500,000, which receives an
19allocation based in whole or in part on personal property
20taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
21the Illinois Local Library Act and which was previously
22required to be paid over to a public library shall immediately
23pay over to that library a proportionate share of the personal
24property tax replacement funds which such municipality or
25township receives; provided that if such a public library has
26converted to a library organized under the Illinois Public

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1Library District Act, regardless of whether such conversion
2has occurred on, after or before January 1, 1988, such
3proportionate share shall be immediately paid over to the
4library district which maintains and operates the library.
5However, any library that has converted prior to January 1,
61988, and which hitherto has not received the personal
7property tax replacement funds, shall receive such funds
8commencing on January 1, 1988.
9    Any township which receives an allocation based in whole
10or in part on personal property taxes which it levied pursuant
11to Section 1c of the Public Graveyards Act and which taxes were
12previously required to be paid over to or used for such public
13cemetery or cemeteries shall immediately pay over to or use
14for such public cemetery or cemeteries a proportionate share
15of the personal property tax replacement funds which the
16township receives.
17    Any taxing district which receives an allocation based in
18whole or in part upon personal property taxes which it levied
19for another governmental body or school district in Cook
20County in 1976 or for another governmental body or school
21district in the remainder of the State in 1977 shall
22immediately pay over to that governmental body or school
23district the amount of personal property replacement funds
24which such governmental body or school district would receive
25directly under the provisions of paragraph (2) of this
26Section, 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

10400HB1075sam002- 97 -LRB104 03072 JDS 27129 a
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
10district outside Cook County shall be the ratio which the Tax
11Base of that taxing district bears to the Downstate Tax Base.
12The Tax Base of each taxing district outside of Cook County is
13the personal property tax collections for that taxing district
14for the 1977 tax year. The Downstate Tax Base is the personal
15property tax collections for all taxing districts in the State
16outside of Cook County for the 1977 tax year. The Department of
17Revenue shall have authority to review for accuracy and
18completeness the personal property tax collections for each
19taxing district outside Cook County for the 1977 tax year.
20    The Personal Property Replacement Ratio of each Cook
21County taxing district shall be the ratio which the Tax Base of
22that taxing district bears to the Cook County Tax Base. The Tax
23Base of each Cook County taxing district is the personal
24property tax collections for that taxing district for the 1976
25tax year. The Cook County Tax Base is the personal property tax
26collections for all taxing districts in Cook County for the

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11976 tax year. The Department of Revenue shall have authority
2to review for accuracy and completeness the personal property
3tax collections for each taxing district within Cook County
4for the 1976 tax year.
5    For all purposes of this Section 12, amounts paid to a
6taxing district for such tax years as may be applicable by a
7foreign corporation under the provisions of Section 7-202 of
8the Public Utilities Act, as amended, shall be deemed to be
9personal property taxes collected by such taxing district for
10such tax years as may be applicable. The Director shall
11determine from the Illinois Commerce Commission, for any tax
12year as may be applicable, the amounts so paid by any such
13foreign corporation to any and all taxing districts. The
14Illinois Commerce Commission shall furnish such information to
15the Director. For all purposes of this Section 12, the
16Director shall deem such amounts to be collected personal
17property taxes of each such taxing district for the applicable
18tax year or years.
19    Taxing districts located both in Cook County and in one or
20more other counties shall receive both a Cook County
21allocation and a Downstate allocation determined in the same
22way as all other taxing districts.
23    If any taxing district in existence on July 1, 1979 ceases
24to exist, or discontinues its operations, its Tax Base shall
25thereafter be deemed to be zero. If the powers, duties and
26obligations of the discontinued taxing district are assumed by

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1another taxing district, the Tax Base of the discontinued
2taxing district shall be added to the Tax Base of the taxing
3district assuming such powers, duties and obligations.
4    If 2 two or more taxing districts in existence on July 1,
51979, or a successor or successors thereto shall consolidate
6into one taxing district, the Tax Base of such consolidated
7taxing district shall be the sum of the Tax Bases of each of
8the taxing districts which have consolidated.
9    If a single taxing district in existence on July 1, 1979,
10or a successor or successors thereto shall be divided into 2    
11two or more separate taxing districts, the tax base of the
12taxing district so divided shall be allocated to each of the
13resulting taxing districts in proportion to the then current
14equalized assessed value of each resulting taxing district.
15    If a portion of the territory of a taxing district is
16disconnected and annexed to another taxing district of the
17same type, the Tax Base of the taxing district from which
18disconnection was made shall be reduced in proportion to the
19then current equalized assessed value of the disconnected
20territory as compared with the then current equalized assessed
21value within the entire territory of the taxing district prior
22to disconnection, and the amount of such reduction shall be
23added to the Tax Base of the taxing district to which
24annexation is made.
25    If a community college district is created after July 1,
261979, beginning on January 1, 1996 (the effective date of

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1Public Act 89-327), its Tax Base shall be 3.5% of the sum of
2the personal property tax collected for the 1977 tax year
3within the territorial jurisdiction of the district.
4    The amounts allocated and paid to taxing districts
5pursuant to the provisions of Public Act 81-1st Special
6Session-1 shall be deemed to be substitute revenues for the
7revenues derived from taxes imposed on personal property
8pursuant to the provisions of the "Revenue Act of 1939" or "An
9Act for the assessment and taxation of private car line
10companies", approved July 22, 1943, as amended, or Section 414
11of the Illinois Insurance Code, prior to the abolition of such
12taxes and shall be used for the same purposes as the revenues
13derived from ad valorem taxes on real estate.
14    Monies received by any taxing districts from the Personal
15Property Tax Replacement Fund shall be first applied toward
16payment of the proportionate amount of debt service which was
17previously levied and collected from extensions against
18personal property on bonds outstanding as of December 31, 1978
19and next applied toward payment of the proportionate share of
20the pension or retirement obligations of the taxing district
21which were previously levied and collected from extensions
22against personal property. For each such outstanding bond
23issue, the County Clerk shall determine the percentage of the
24debt service which was collected from extensions against real
25estate in the taxing district for 1978 taxes payable in 1979,
26as related to the total amount of such levies and collections

10400HB1075sam002- 101 -LRB104 03072 JDS 27129 a
1from extensions against both real and personal property. For
21979 and subsequent years' taxes, the County Clerk shall levy
3and extend taxes against the real estate of each taxing
4district which will yield the said percentage or percentages
5of the debt service on such outstanding bonds. The balance of
6the amount necessary to fully pay such debt service shall
7constitute a first and prior lien upon the monies received by
8each such taxing district through the Personal Property Tax
9Replacement Fund and shall be first applied or set aside for
10such purpose. In counties having fewer than 3,000,000
11inhabitants, the amendments to this paragraph as made by
12Public Act 81-1255 shall be first applicable to 1980 taxes to
13be collected in 1981.
14(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
15103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
16    Section 5-40. The Agricultural Fair Act is amended by
17changing Sections 9, 13, 17, 18, and 20 as follows:
18    (30 ILCS 120/9)    (from Ch. 85, par. 659)
19    Sec. 9. Premiums. The formulas for distributing monies
20from the Agricultural Premium Fund or the Fair and Exposition
21Fund pursuant to subsection (b) of Section 17 to eligible
22county fairs shall be contingent upon the following
23provisions:
24        (a) Of the total amount of premiums which are to be

10400HB1075sam002- 102 -LRB104 03072 JDS 27129 a
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.)

10400HB1075sam002- 103 -LRB104 03072 JDS 27129 a
1    (30 ILCS 120/13)    (from Ch. 85, par. 663)
2    Sec. 13. Rehabilitation. Except as otherwise allowed by
3the Director, to qualify for disbursements made by the
4Department from an appropriation made under the provisions of
5this Section, the land on which the fair is held must be owned
6by the county fair board participating in this disbursement or
7by a State, city, village, or county government body, or be
8held under a lease that is at least 20 years in duration, the
9terms of which require the lessee to have continuous
10possession of the land during every day of the lease period. No
11county fair shall qualify for disbursements made by the
12Department from an appropriation made under the provisions of
13this Section unless it shall have notified the Department in
14writing of its intent to participate prior to obligating any
15funds for which reimbursement will be requested. Each county
16fair shall be reimbursed annually for that part of the amount
17expended by the fair during the year for liability and
18casualty insurance, as provided in this Section, and the
19rehabilitation of its grounds, including major construction
20projects and minor maintenance and repair projects; as
21follows:
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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1by a county fair pursuant to this Section may be expended for
2liability and casualty insurance.
3    The maximum amount the DeWitt County Fair may be
4reimbursed in each of fiscal years 2022 and 2023, subject to
5appropriation, is $13,250.
6    If a county fair expends more than is needed in any year
7for approved projects to maximize State reimbursement under
8this Section and provides itemized receipts and other evidence
9of expenditures for that year, any excess may be carried over
10to the succeeding year. The amount carried over shall
11constitute a claim for reimbursement for a subsequent period
12not to exceed 7 years as long as funds are available.
13    Before June 30 of each year, the president and secretary
14of each county fair which has participated in this program
15shall file with the Department a sworn statement of the amount
16expended during the period July 1 to June 30 of the State's
17fiscal year, accompanied by itemized receipted bills and other
18evidence of expenditures. If the Department approves the
19claim, the State Comptroller is authorized and directed to
20draw a warrant payable from the Agricultural Premium Fund or
21the Fair and Exposition Fund pursuant to subsection (b) of
22Section 17 on the State Treasurer for the amount of the
23rehabilitation claims.
24    If after all claims are paid, there remains any amount of
25the appropriation for rehabilitation, the remaining amount
26shall be distributed as a grant to the participating fairs

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1qualifying for the maximum reimbursement and shall be
2distributed to the eligible fairs on an equal basis not to
3exceed each eligible fair's pro rata share granted in this
4paragraph. A sworn statement of the amount expended
5accompanied by the itemized receipted bills as evidence of
6expenditure must be filed with the Department by June 30 of
7each 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
12appropriations made from the Agricultural Premium Fund may
13elect instead in any odd numbered year to participate in the
14appropriation from the Fair and Exposition Fund. The
15Department must be notified of such election by January 1 of
16the year of participation in that fund. Any such election
17shall be binding for 4 calendar years. No county fair may
18choose to shall participate for the same calendar year in
19appropriations under both this Fund and the Agricultural
20Premium Fund.
21    (b) Notwithstanding the provisions of this Section, during
22State fiscal year 2026 only and regardless of prior elections
23under this Section, the Department may make payments to county
24fairs from the Fair and Exposition Fund for amounts otherwise
25payable under this Act from the Agricultural Premium Fund,

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1subject to the same conditions as if the moneys were paid from
2the Agricultural Premium Fund, and receipt of such payments
3from the Fair and Exposition Fund shall not affect the county
4fair's prior election under this Section.    
5    In counties where a Fair and Exposition Authority
6participated in 1999, the Fair and Exposition Authority shall
7transfer all remaining funds to the county fair in such county
8within 30 days of the effective date of this amendatory Act of
9the 99th General Assembly. Upon the transfer of such funds to
10the county fair, the terms of the Authority's members shall
11terminate and the Authority shall cease to exist.
12(Source: P.A. 99-183, eff. 7-29-15.)
13    (30 ILCS 120/18)    (from Ch. 85, par. 668)
14    Sec. 18. Money shall be paid into the Fair and Exposition
15Fund by the Illinois Racing Board, as provided in Section 28 of
16the Illinois Horse Racing Act of 1975. The General Assembly
17shall from time to time make appropriations payable from such
18fund to the Department for distribution to county fairs. Such
19appropriations shall be distributed by the Department to (i)    
20county fairs which are eligible to participate in
21appropriations made from the Agricultural Premium Fund but
22which elect instead to participate in appropriations made from
23the Fair and Exposition Fund and (ii) county fairs that
24participate in the Agricultural Premium Fund under Section 17
25but which receive moneys from the Fair and Exposition Fund

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1under subsection (b) of Section 17. If a county has more than
2one county fair, such fairs shall jointly elect to participate
3either in appropriations made from the Agricultural Premium
4Fund or in appropriations made from the Fair and Exposition
5Fund. All participating county fairs of the same county shall
6participate in the same appropriation. Except as otherwise
7allowed by the Director, a participant, to be eligible to
8expend moneys appropriated from the Fair and Exposition Fund
9for the purchase of new or additional land construction or
10maintenance of buildings, grounds, facilities, infrastructure,
11or any improvement to the grounds must hold the land on which
12such fair or exposition is to be conducted as a fee or under a
13lease of at least 20 years, the terms of which require the
14lessee to have continuous possession of the land during every
15day of the lease period, or must be owned by the fair
16association participating in this disbursement, by an
17agricultural society, or by a fair and exposition authority.
18(Source: P.A. 99-183, eff. 7-29-15.)
19    (30 ILCS 120/20)    (from Ch. 85, par. 670)
20    Sec. 20. Appropriations made from the Fair and Exposition
21Fund may be used for financing agricultural, educational,
22trade and scientific exhibits; for premium and award purposes
23as set forth in subsections (a) through (e) of Section 9; for
24premiums to agricultural extensions or 4-H clubs; for premiums
25to vocational agriculture section fairs; for rehabilitation of

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1county fairgrounds; for distribution to encourage and aid
2county fairs and other agricultural societies; for grants and
3other purposes for county fair and State Fair horse racing;    
4and for other expenses incurred by the fair that are directly
5related to the operation of the fair and approved by rule by
6the Department if the participant holds the land on which the
7fair or exposition is conducted as a fee or is under a lease of
8at least 20 years (the terms of which require the lessee to
9have continuous possession of the land during every day of the
10lease period), or is owned by the fair association
11participating in this disbursement, by an agricultural
12society, or by a fair and exposition authority, except as
13otherwise allowed by the Director.
14(Source: P.A. 94-261, eff. 1-1-06.)
15    Section 5-42. The Illinois Procurement Code is amended by
16changing 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
20bidders, offerors, potential contractors, or contractors were
21first solicited on or after July 1, 1998. This Code shall not
22be construed to affect or impair any contract, or any
23provision of a contract, entered into based on a solicitation
24prior to the implementation date of this Code as described in

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1Article 99, including, but not limited to, any covenant
2entered into with respect to any revenue bonds or similar
3instruments. All procurements for which contracts are
4solicited between the effective date of Articles 50 and 99 and
5July 1, 1998 shall be substantially in accordance with this
6Code and its intent.
7    (b) This Code shall apply regardless of the source of the
8funds with which the contracts are paid, including federal
9assistance 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

10400HB1075sam002- 112 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 113 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 114 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 115 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 116 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 118 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 119 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 120 -LRB104 03072 JDS 27129 a
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
23with an annual value of more than $100,000 entered into on or
24after October 1, 2017 under an exemption provided in any
25paragraph of this subsection (b), except paragraph (1), (2),
26or (5), each State agency shall post to the appropriate

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1procurement bulletin the name of the contractor, a description
2of the supply or service provided, the total amount of the
3contract, the term of the contract, and the exception to the
4Code utilized. The chief procurement officer shall submit a
5report to the Governor and General Assembly no later than
6November 1 of each year that shall include, at a minimum, an
7annual summary of the monthly information reported to the
8chief procurement officer.
9    (c) This Code does not apply to the electric power
10procurement process provided for under Section 1-75 of the
11Illinois Power Agency Act and Section 16-111.5 of the Public
12Utilities Act. This Code does not apply to the procurement of
13technical and policy experts pursuant to Section 1-129 of the
14Illinois Power Agency Act.
15    (d) Except for Section 20-160 and Article 50 of this Code,
16and as expressly required by Section 9.1 of the Illinois
17Lottery Law, the provisions of this Code do not apply to the
18procurement process provided for under Section 9.1 of the
19Illinois Lottery Law.
20    (e) This Code does not apply to the process used by the
21Capital Development Board to retain a person or entity to
22assist the Capital Development Board with its duties related
23to the determination of costs of a clean coal SNG brownfield
24facility, as defined by Section 1-10 of the Illinois Power
25Agency Act, as required in subsection (h-3) of Section 9-220
26of the Public Utilities Act, including calculating the range

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1of capital costs, the range of operating and maintenance
2costs, or the sequestration costs or monitoring the
3construction of clean coal SNG brownfield facility for the
4full duration of construction.
5    (f) (Blank).
6    (g) (Blank).
7    (h) This Code does not apply to the process to procure or
8contracts entered into in accordance with Sections 11-5.2 and
911-5.3 of the Illinois Public Aid Code.
10    (i) Each chief procurement officer may access records
11necessary to review whether a contract, purchase, or other
12expenditure is or is not subject to the provisions of this
13Code, unless such records would be subject to attorney-client
14privilege.
15    (j) This Code does not apply to the process used by the
16Capital Development Board to retain an artist or work or works
17of art as required in Section 14 of the Capital Development
18Board Act.
19    (k) This Code does not apply to the process to procure
20contracts, or contracts entered into, by the State Board of
21Elections or the State Electoral Board for hearing officers
22appointed pursuant to the Election Code.
23    (l) This Code does not apply to the processes used by the
24Illinois Student Assistance Commission to procure supplies and
25services paid for from the private funds of the Illinois
26Prepaid Tuition Fund. As used in this subsection (l), "private

10400HB1075sam002- 123 -LRB104 03072 JDS 27129 a
1funds" means funds derived from deposits paid into the
2Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3    (m) This Code shall apply regardless of the source of
4funds with which contracts are paid, including federal
5assistance moneys. Except as specifically provided in this
6Code, this Code shall not apply to procurement expenditures
7necessary for the Department of Public Health to conduct the
8Healthy Illinois Survey in accordance with Section 2310-431 of
9the Department of Public Health Powers and Duties Law of the
10Civil Administrative Code of Illinois.
11(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
12102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
139-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
14102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
156-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
16eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
17revised 11-26-24.)
18    (30 ILCS 500/1-15.15)
19    Sec. 1-15.15. Chief Procurement Officer. "Chief
20Procurement Officer" means any of the 4 persons appointed or
21approved by a majority of the members of the Executive Ethics
22Commission:
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
6Section 5 of P.A. 96-793 for the effective date of changes made
7by P.A. 96-795); 96-920, eff. 7-1-10.)
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,
122010 (the effective date of Public Act 96-795), the Executive
13Ethics Commission, with the advice and consent of the Senate
14shall appoint or approve 4 chief procurement officers, one for
15each 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
11Ethics Commission shall set aside from its appropriation those
12amounts necessary for the use of the 4 chief procurement
13officers for the ordinary and contingent expenses of their
14respective procurement offices. From the amounts set aside by
15the Commission, each chief procurement officer shall control
16the internal operations of his or her procurement office and
17shall procure the necessary equipment, materials, and services
18to perform the duties of that office, including hiring
19necessary procurement personnel, legal advisors, and other
20employees, and may establish, in the exercise of the chief
21procurement officer's discretion, the compensation of the
22office's employees, which includes the State purchasing
23officers and any legal advisors. The Executive Ethics
24Commission shall have no control over the employees of the
25chief procurement officers. The Executive Ethics Commission
26shall provide administrative support services, including

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1payroll, for each procurement office.
2    (b) Terms and independence. Each chief procurement officer
3appointed under this Section shall serve for a term of 5 years
4beginning on the date of the officer's appointment. The chief
5procurement officer may be removed for cause after a hearing
6by the Executive Ethics Commission. The Governor or the
7director of a State agency directly responsible to the
8Governor may institute a complaint against the officer by
9filing such complaint with the Commission. The Commission
10shall have a hearing based on the complaint. The officer and
11the complainant shall receive reasonable notice of the hearing
12and shall be permitted to present their respective arguments
13on the complaint. After the hearing, the Commission shall make
14a finding on the complaint and may take disciplinary action,
15including, but not limited to, removal of the officer.
16    The salary of a chief procurement officer shall be
17established by the Executive Ethics Commission and may not be
18diminished during the officer's term. The salary may not
19exceed the salary of the director of a State agency for which
20the officer serves as chief procurement officer.
21    (c) Qualifications. In addition to any other requirement
22or qualification required by State law, each chief procurement
23officer must within 12 months of employment be a Certified
24Professional Public Buyer or a Certified Public Purchasing
25Officer, pursuant to certification by the Universal Public
26Purchasing Certification Council, and must reside in Illinois.

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1    (d) Fiduciary duty. Each chief procurement officer owes a
2fiduciary duty to the State.
3    (e) Vacancy. In case of a vacancy in one or more of the
4offices of a chief procurement officer under this Section
5during the recess of the Senate, the Executive Ethics
6Commission shall make a temporary appointment until the next
7meeting of the Senate, when the Executive Ethics Commission
8shall nominate some person to fill the office, and any person
9so nominated who is confirmed by the Senate shall hold office
10during the remainder of the term and until his or her successor
11is appointed and qualified. If the Senate is not in session at
12the time Public Act 96-920 takes effect, the Executive Ethics
13Commission shall make a temporary appointment as in the case
14of a vacancy.
15    (f) (Blank).
16    (g) (Blank).
17(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
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,
212010 (the effective date of Public Act 96-795), the Executive
22Ethics Commission, with the advice and consent of the Senate
23shall appoint or approve 4 chief procurement officers, one for
24each 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
20Ethics Commission shall set aside from its appropriation those
21amounts necessary for the use of the 4 chief procurement
22officers for the ordinary and contingent expenses of their
23respective procurement offices. From the amounts set aside by
24the Commission, each chief procurement officer shall control
25the internal operations of his or her procurement office and
26shall procure the necessary equipment, materials, and services

10400HB1075sam002- 130 -LRB104 03072 JDS 27129 a
1to perform the duties of that office, including hiring
2necessary procurement personnel, legal advisors, and other
3employees, and may establish, in the exercise of the chief
4procurement officer's discretion, the compensation of the
5office's employees, which includes the State purchasing
6officers and any legal advisors. The Executive Ethics
7Commission shall have no control over the employees of the
8chief procurement officers. The Executive Ethics Commission
9shall provide administrative support services, including
10payroll, for each procurement office.
11    (b) Terms and independence. Each chief procurement officer
12appointed under this Section shall serve for a term of 5 years
13beginning on the date of the officer's appointment. The chief
14procurement officer may be removed for cause after a hearing
15by the Executive Ethics Commission. The Governor or the
16director of a State agency directly responsible to the
17Governor may institute a complaint against the officer by
18filing such complaint with the Commission. The Commission
19shall have a hearing based on the complaint. The officer and
20the complainant shall receive reasonable notice of the hearing
21and shall be permitted to present their respective arguments
22on the complaint. After the hearing, the Commission shall make
23a finding on the complaint and may take disciplinary action,
24including, but not limited to, removal of the officer.
25    The salary of a chief procurement officer shall be
26established by the Executive Ethics Commission and may not be

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1diminished during the officer's term. The salary may not
2exceed the salary of the director of a State agency for which
3the officer serves as chief procurement officer.
4    (c) Qualifications. In addition to any other requirement
5or qualification required by State law, each chief procurement
6officer must within 12 months of employment be a Certified
7Professional Public Buyer or a Certified Public Purchasing
8Officer, pursuant to certification by the Universal Public
9Purchasing Certification Council, and must reside in Illinois.
10    (d) Fiduciary duty. Each chief procurement officer owes a
11fiduciary duty to the State.
12    (e) Vacancy. In case of a vacancy in one or more of the
13offices of a chief procurement officer under this Section
14during the recess of the Senate, the Executive Ethics
15Commission shall make a temporary appointment until the next
16meeting of the Senate, when the Executive Ethics Commission
17shall nominate some person to fill the office, and any person
18so nominated who is confirmed by the Senate shall hold office
19during the remainder of the term and until his or her successor
20is appointed and qualified. If the Senate is not in session at
21the time Public Act 96-920 takes effect, the Executive Ethics
22Commission shall make a temporary appointment as in the case
23of 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,
42010 (the effective date of Public Act 96-795), the Executive
5Ethics Commission, with the advice and consent of the Senate
6shall appoint or approve 4 chief procurement officers, one for
7each 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
3Ethics Commission shall set aside from its appropriation those
4amounts necessary for the use of the 4 chief procurement
5officers for the ordinary and contingent expenses of their
6respective procurement offices. From the amounts set aside by
7the Commission, each chief procurement officer shall control
8the internal operations of his or her procurement office and
9shall procure the necessary equipment, materials, and services
10to perform the duties of that office, including hiring
11necessary procurement personnel, legal advisors, and other
12employees, and may establish, in the exercise of the chief
13procurement officer's discretion, the compensation of the
14office's employees, which includes the State purchasing
15officers and any legal advisors. The Executive Ethics
16Commission shall have no control over the employees of the
17chief procurement officers. The Executive Ethics Commission
18shall provide administrative support services, including
19payroll, for each procurement office.
20    (b) Terms and independence. Each chief procurement officer
21appointed under this Section shall serve for a term of 5 years
22beginning on the date of the officer's appointment. The chief
23procurement officer may be removed for cause after a hearing
24by the Executive Ethics Commission. The Governor or the
25director of a State agency directly responsible to the
26Governor may institute a complaint against the officer by

10400HB1075sam002- 134 -LRB104 03072 JDS 27129 a
1filing such complaint with the Commission. The Commission
2shall have a hearing based on the complaint. The officer and
3the complainant shall receive reasonable notice of the hearing
4and shall be permitted to present their respective arguments
5on the complaint. After the hearing, the Commission shall make
6a finding on the complaint and may take disciplinary action,
7including, but not limited to, removal of the officer.
8    The salary of a chief procurement officer shall be
9established by the Executive Ethics Commission and may not be
10diminished during the officer's term. The salary may not
11exceed the salary of the director of a State agency for which
12the officer serves as chief procurement officer.
13    (c) Qualifications. In addition to any other requirement
14or qualification required by State law, each chief procurement
15officer must within 12 months of employment be a Certified
16Professional Public Buyer or a Certified Public Purchasing
17Officer, pursuant to certification by the Universal Public
18Purchasing Certification Council, and must reside in Illinois.
19    (d) Fiduciary duty. Each chief procurement officer owes a
20fiduciary duty to the State.
21    (e) Vacancy. In case of a vacancy in one or more of the
22offices of a chief procurement officer under this Section
23during the recess of the Senate, the Executive Ethics
24Commission shall make a temporary appointment until the next
25meeting of the Senate, when the Executive Ethics Commission
26shall nominate some person to fill the office, and any person

10400HB1075sam002- 135 -LRB104 03072 JDS 27129 a
1so nominated who is confirmed by the Senate shall hold office
2during the remainder of the term and until his or her successor
3is appointed and qualified. If the Senate is not in session at
4the time Public Act 96-920 takes effect, the Executive Ethics
5Commission shall make a temporary appointment as in the case
6of a vacancy.
7    (f) (Blank).
8    (g) (Blank).
9(Source: P.A. 103-8, eff. 6-7-23; 103-865, eff. 1-1-25.)
10    Section 5-45. The Design-Build Procurement Act is amended
11by changing Sections 10 and 90 as follows:
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
16Board or, in the case of a design-build procurement for a
17public institution of higher education, the public institution
18of higher education, or, in the case of a design-build
19procurement by the Department of Central Management Services
20in accordance with Section 405-217 of the Department of
21Central Management Services Law of the Civil Administrative
22Code of Illinois, the Department of Central Management
23Services.
24    "Delivery system" means the design and construction

10400HB1075sam002- 136 -LRB104 03072 JDS 27129 a
1approach used to develop and construct a project.
2    "Design-bid-build" means the traditional delivery system
3used on public projects in this State that incorporates the
4Architectural, Engineering, and Land Surveying Qualification
5Based Selection Act (30 ILCS 535/) and the principles of
6competitive selection in the Illinois Procurement Code (30
7ILCS 500/).
8    "Design-build" means a delivery system that provides
9responsibility within a single contract for the furnishing of
10architecture, engineering, land surveying and related services
11as required, and the labor, materials, equipment, and other
12construction services for the project.
13    "Design-build contract" means a contract for a public
14project under this Act between the State construction agency
15and a design-build entity to furnish architecture,
16engineering, land surveying, and related services as required,
17and to furnish the labor, materials, equipment, and other
18construction services for the project. The design-build
19contract may be conditioned upon subsequent refinements in
20scope and price and may allow the State construction agency to
21make modifications in the project scope without invalidating
22the design-build contract.
23    "Design-build entity" means any individual, sole
24proprietorship, firm, partnership, joint venture, corporation,
25professional corporation, or other entity that proposes to
26design and construct any public project under this Act. A

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1design-build entity and associated design-build professionals
2shall conduct themselves in accordance with the laws of this
3State and the related provisions of the Illinois
4Administrative Code, as referenced by the licensed design
5professionals Acts of this State.
6    "Design professional" means any individual, sole
7proprietorship, firm, partnership, joint venture, corporation,
8professional corporation, or other entity that offers services
9under the Illinois Architecture Practice Act of 1989 (225 ILCS
10305/), the Professional Engineering Practice Act of 1989 (225
11ILCS 325/), the Structural Engineering Licensing Act of 1989
12(225 ILCS 340/), or the Illinois Professional Land Surveyor
13Act of 1989 (225 ILCS 330/).
14    "Evaluation criteria" means the requirements for the
15separate phases of the selection process as defined in this
16Act and may include the specialized experience, technical
17qualifications and competence, capacity to perform, past
18performance, experience with similar projects, assignment of
19personnel to the project, and other appropriate factors. Price
20may not be used as a factor in the evaluation of Phase I
21proposals.
22    "Proposal" means the offer to enter into a design-build
23contract as submitted by a design-build entity in accordance
24with this Act.
25    "Public institution of higher education" has the meaning
26ascribed in subsection (f) of Section 1-13 of the Illinois

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1Procurement Code.
2    "Request for proposal" means the document used by the
3State construction agency to solicit proposals for a
4design-build contract.
5    "Scope and performance criteria" means the requirements
6for the public project, including, but not limited to, the
7intended usage, capacity, size, scope, quality and performance
8standards, life-cycle costs, and other programmatic criteria
9that are expressed in performance-oriented and quantifiable
10specifications and drawings that can be reasonably inferred
11and are suited to allow a design-build entity to develop a
12proposal.
13(Source: P.A. 102-1119, eff. 1-23-23.)
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    
172026.
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
20amended 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
23to the restriction of Section 35 of the State Finance Act, no

10400HB1075sam002- 139 -LRB104 03072 JDS 27129 a
1grant funds may be made available for expenditure by a grantee
2for a period longer than 2 years, except where such grant funds
3are disbursed in reimbursement of costs previously incurred by
4the grantee and except as otherwise provided in subsection (d)
5of Section 5-200 of the School Construction Law and in
6subsections subsection (b) and (c) of Section 80-45 of the
7Department of Human Services Act. Any grant funds not expended
8or legally obligated by the end of the grant agreement, or
9during the time limitation to grant fund expenditures set
10forth in this Section, must be returned to the grantor agency
11within 45 days, if the funds are not already on deposit with
12the grantor agency or the State Treasurer. Such returned funds
13shall be deposited into the fund from which the original grant
14disbursement to the grantee was made.
15(Source: P.A. 103-8, eff. 7-1-23.)
16    Section 5-55. The Private Colleges and Universities
17Capital Distribution Formula Act is amended by changing
18Section 25-15 as follows:
19    (30 ILCS 769/25-15)
20    Sec. 25-15. Transfer of funds to another independent
21college.    
22    (a) If an institution received a grant under this Article
23and subsequently fails to meet the definition of "independent
24college", the remaining funds shall be redistributed    

10400HB1075sam002- 140 -LRB104 03072 JDS 27129 a
1re-distributed as provided in Section 25-10 to those
2institutions that have an active grant under this Article,
3unless the campus or facilities for which the grant was given
4are subsequently operated by another institution that
5qualifies as an independent college under this Article.
6    (b) If the facilities of a former independent college are
7operated by another entity that qualifies as an independent
8college as provided in subsection (a) of this Section, then
9the entire balance of the grant provided under this Article
10remaining on the date the former independent college ceased
11operations, including any amount that had been withheld after
12the former independent college ceased operations, shall be
13transferred to the successor independent college for the
14purpose of the grant for the duration of the grant.
15    (c) In the event that, on or before July 16, 2014 (the
16effective date of Public Act 98-715), the remaining funds have
17been re-allocated or redistributed re-distributed to other
18independent colleges, or the Illinois Board of Higher
19Education has planned for the remaining funds to be
20re-allocated or redistributed re-distributed to other
21independent colleges, before the 5-year period provided under
22this Act for the utilization of funds has ended, any funds so
23re-allocated or redistributed re-distributed shall be deducted
24from future allocations to those other independent colleges
25and re-allocated or redistributed re-distributed to the
26initial institution or the successor entity operating the

10400HB1075sam002- 141 -LRB104 03072 JDS 27129 a
1facilities of the original institution if: (i) the institution
2that failed to meet the definition of "independent college"
3once again meets the definition of "independent college"
4before the 5-year period has expired; or (ii) the facility or
5facilities of the former independent college are operated by
6another entity that qualifies as an independent college before
7the 5-year period has expired.
8    (d) Notwithstanding subsection (a) of this Section, on or
9after June 7, 2023 (the effective date of the changes made to
10this Section by Public Act 103-8) this amendatory Act of the
11103rd General Assembly, remaining funds returned to the State
12by an institution that failed to meet the definition of
13"independent college" and that received a grant from
14appropriations enacted prior to June 28, 2019, shall not be
15redistributed re-distributed. Any such funds shall instead be
16added to the funds made available in the first grant cycle
17under subsection (d) of Section 25-10 by the Board of Higher
18Education following June 7, 2023 (the effective date of the
19changes made to this Section by Public Act 103-8) this
20amendatory Act of the 103rd General Assembly and shall be
21distributed pursuant to the formula as provided in subsection
22(d) of Section 25-10.
23    (d-5) Notwithstanding subsection (a) of this Section, on
24and after the effective date of the changes made to this
25Section by this amendatory Act of the 104th General Assembly,
26remaining funds returned to the State by an institution that

10400HB1075sam002- 142 -LRB104 03072 JDS 27129 a
1failed to meet the definition of "independent college" shall
2not be redistributed.    
3(Source: P.A. 103-8, eff. 6-7-23.)
4    Section 5-60. The Illinois Income Tax Act is amended by
5changing Section 901 as follows:
6    (35 ILCS 5/901)
7    Sec. 901. Collection authority.
8    (a) In general. The Department shall collect the taxes
9imposed by this Act. The Department shall collect certified
10past due child support amounts under Section 2505-650 of the
11Department of Revenue Law of the Civil Administrative Code of
12Illinois. Except as provided in subsections (b), (c), (e),
13(f), (g), and (h) of this Section, money collected pursuant to
14subsections (a) and (b) of Section 201 of this Act shall be
15paid into the General Revenue Fund in the State treasury;
16money collected pursuant to subsections (c) and (d) of Section
17201 of this Act shall be paid into the Personal Property Tax
18Replacement Fund, a special fund in the State Treasury; and
19money collected under Section 2505-650 of the Department of
20Revenue Law of the Civil Administrative Code of Illinois shall
21be paid into the Child Support Enforcement Trust Fund, a
22special fund outside the State Treasury, or to the State
23Disbursement Unit established under Section 10-26 of the
24Illinois Public Aid Code, as directed by the Department of

10400HB1075sam002- 143 -LRB104 03072 JDS 27129 a
1Healthcare and Family Services.
2    (b) Local Government Distributive Fund. Beginning August
31, 2017 and continuing through July 31, 2022, the Treasurer
4shall transfer each month from the General Revenue Fund to the
5Local Government Distributive Fund an amount equal to the sum
6of: (i) 6.06% (10% of the ratio of the 3% individual income tax
7rate prior to 2011 to the 4.95% individual income tax rate
8after July 1, 2017) of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of this Act
10upon individuals, trusts, and estates during the preceding
11month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
12income tax rate prior to 2011 to the 7% corporate income tax
13rate after July 1, 2017) of the net revenue realized from the
14tax imposed by subsections (a) and (b) of Section 201 of this
15Act upon corporations during the preceding month; and (iii)
16beginning February 1, 2022, 6.06% of the net revenue realized
17from the tax imposed by subsection (p) of Section 201 of this
18Act upon electing pass-through entities. Beginning August 1,
192022 and continuing through July 31, 2023, the Treasurer shall
20transfer each month from the General Revenue Fund to the Local
21Government Distributive Fund an amount equal to the sum of:
22(i) 6.16% of the net revenue realized from the tax imposed by
23subsections (a) and (b) of Section 201 of this Act upon
24individuals, trusts, and estates during the preceding month;
25(ii) 6.85% of the net revenue realized from the tax imposed by
26subsections (a) and (b) of Section 201 of this Act upon

10400HB1075sam002- 144 -LRB104 03072 JDS 27129 a
1corporations during the preceding month; and (iii) 6.16% of
2the net revenue realized from the tax imposed by subsection
3(p) of Section 201 of this Act upon electing pass-through
4entities. Beginning August 1, 2023, the Treasurer shall
5transfer each month from the General Revenue Fund to the Local
6Government Distributive Fund an amount equal to the sum of:
7(i) 6.47% of the net revenue realized from the tax imposed by
8subsections (a) and (b) of Section 201 of this Act upon
9individuals, trusts, and estates during the preceding month;
10(ii) 6.85% of the net revenue realized from the tax imposed by
11subsections (a) and (b) of Section 201 of this Act upon
12corporations during the preceding month; and (iii) 6.47% of
13the net revenue realized from the tax imposed by subsection
14(p) of Section 201 of this Act upon electing pass-through
15entities. Net revenue realized for a month shall be defined as
16the revenue from the tax imposed by subsections (a) and (b) of
17Section 201 of this Act which is deposited into the General
18Revenue Fund, the Education Assistance Fund, the Income Tax
19Surcharge Local Government Distributive Fund, the Fund for the
20Advancement of Education, and the Commitment to Human Services
21Fund during the month minus the amount paid out of the General
22Revenue Fund in State warrants during that same month as
23refunds to taxpayers for overpayment of liability under the
24tax imposed by subsections (a) and (b) of Section 201 of this
25Act.
26    Notwithstanding any provision of law to the contrary,

10400HB1075sam002- 145 -LRB104 03072 JDS 27129 a
1beginning on July 6, 2017 (the effective date of Public Act
2100-23), those amounts required under this subsection (b) to
3be transferred by the Treasurer into the Local Government
4Distributive Fund from the General Revenue Fund shall be
5directly deposited into the Local Government Distributive Fund
6as 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
25Income Tax Surcharge Local Government Distributive Fund. On
26July 1, 1991, and thereafter, of the amounts collected

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1pursuant to subsections (a) and (b) of Section 201 of this Act,
2minus deposits into the Income Tax Refund Fund, the Department
3shall deposit 7.3% into the Education Assistance Fund in the
4State Treasury. Beginning July 1, 1991, and continuing through
5January 31, 1993, of the amounts collected pursuant to
6subsections (a) and (b) of Section 201 of the Illinois Income
7Tax Act, minus deposits into the Income Tax Refund Fund, the
8Department shall deposit 3.0% into the Income Tax Surcharge
9Local Government Distributive Fund in the State Treasury.
10Beginning February 1, 1993 and continuing through June 30,
111993, of the amounts collected pursuant to subsections (a) and
12(b) of Section 201 of the Illinois Income Tax Act, minus
13deposits into the Income Tax Refund Fund, the Department shall
14deposit 4.4% into the Income Tax Surcharge Local Government
15Distributive Fund in the State Treasury. Beginning July 1,
161993, and continuing through June 30, 1994, of the amounts
17collected under subsections (a) and (b) of Section 201 of this
18Act, minus deposits into the Income Tax Refund Fund, the
19Department shall deposit 1.475% into the Income Tax Surcharge
20Local Government Distributive Fund in the State Treasury.
21    (f) Deposits into the Fund for the Advancement of
22Education. Beginning February 1, 2015, the Department shall
23deposit the following portions of the revenue realized from
24the tax imposed upon individuals, trusts, and estates by
25subsections (a) and (b) of Section 201 of this Act, minus
26deposits into the Income Tax Refund Fund, into the Fund for the

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1Advancement 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
6Section 201 is reduced pursuant to Section 201.5 of this Act,
7the Department shall not make the deposits required by this
8subsection (f) on or after the effective date of the
9reduction.
10    (g) Deposits into the Commitment to Human Services Fund.
11Beginning February 1, 2015, the Department shall deposit the
12following portions of the revenue realized from the tax
13imposed upon individuals, trusts, and estates by subsections
14(a) and (b) of Section 201 of this Act, minus deposits into the
15Income Tax Refund Fund, into the Commitment to Human Services
16Fund:
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
21Section 201 is reduced pursuant to Section 201.5 of this Act,
22the Department shall not make the deposits required by this
23subsection (g) on or after the effective date of the
24reduction.
25    (h) Deposits into the Tax Compliance and Administration
26Fund. Beginning on the first day of the first calendar month to

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1occur on or after August 26, 2014 (the effective date of Public
2Act 98-1098), each month the Department shall pay into the Tax
3Compliance and Administration Fund, to be used, subject to
4appropriation, to fund additional auditors and compliance
5personnel at the Department, an amount equal to 1/12 of 5% of
6the cash receipts collected during the preceding fiscal year
7by the Audit Bureau of the Department from the tax imposed by
8subsections (a), (b), (c), and (d) of Section 201 of this Act,
9net of deposits into the Income Tax Refund Fund made from those
10cash receipts.
11(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
12102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
134-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
14eff. 6-30-23; 103-588, eff. 6-5-24.)
15    Section 5-65. The Property Tax Code is amended by changing
16Section 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
20Public Act 92-536) this amendatory Act of the 92nd General
21Assembly and through June 30, 2003, of the moneys collected
22under Section 31-15, 50% shall be deposited into the Illinois
23Affordable Housing Trust Fund, 20% into the Open Space Lands
24Acquisition and Development Fund, 5% into the Natural Areas

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1Acquisition Fund, and 25% into the General Revenue Fund.
2    (b) Beginning July 1, 2003, and through June 30, 2025, of
3the moneys collected under Section 31-15, 50% shall be
4deposited into the Illinois Affordable Housing Trust Fund, 35%
5into the Open Space Lands Acquisition and Development Fund,
6and 15% into the Natural Areas Acquisition Fund.
7    (c) Beginning July 1, 2025, of the moneys collected under
8Section 31-15, the first $300,000 shall be deposited into the
9Governor's Administrative Fund each fiscal year. After all
10required deposits into the Governor's Administrative Fund have
11been 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;
1892-874, eff. 7-1-03.)
19    Section 5-67. The Illinois Police Training Act is amended
20by 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
24Law Enforcement Training Standards Board the Statewide PTSD

10400HB1075sam002- 155 -LRB104 03072 JDS 27129 a
1Mental Health Coordinator, appointed by the Governor, by and
2with the advice and consent of the Senate, for a term of 4
3years. The Statewide PTSD Mental Health Coordinator shall
4receive a salary as determined by the Board provided by law and
5is eligible for reappointment. The Statewide PTSD Mental
6Health Coordinator shall be responsible for implementing a
7program of mental health support and education for law
8enforcement 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
23report to the Board on the development and implementation of
24programs and training for law enforcement officers and shall
25advise the Board and receive advice from the Board on
26direction and training needs for law enforcement agencies that

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1vary 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
43-103 as follows:
5    (210 ILCS 46/3-103)
6    Sec. 3-103. Application for license; financial statement.    
7The procedure for obtaining a valid license shall be as
8follows:
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
20changing Section 3-103 as follows:
21    (210 ILCS 47/3-103)
22    Sec. 3-103. Application for license; financial statement.    
23The procedure for obtaining a valid license shall be as
24follows:

10400HB1075sam002- 160 -LRB104 03072 JDS 27129 a
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
10changing 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
23July 1, 2021, an amount equal to the additional amount of
24revenue collected under paragraphs (1) and (8) of subsection
25(a) as a result of the increase in the fees under Public Act
26102-16 from the Insurance Producer Administration Fund to the

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1designated funds as follows: this amendatory Act of the 102nd
2General 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
12collected by the Director under this Section shall be paid
13promptly after receipt thereof, together with a detailed
14statement of such fees, into a special fund in the State
15Treasury to be known as the Insurance Producer Administration
16Fund. The moneys deposited into the Insurance Producer
17Administration Fund may be used only for payment of the
18expenses of the Department in the execution, administration,
19and enforcement of the insurance laws of this State, and shall
20be appropriated as otherwise provided by law for the payment
21of those expenses with first priority being any expenses
22incident to or associated with the administration and
23enforcement 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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1changing Section 13 as follows:
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
5gross receipts received from gambling games authorized under
6this Act at the rate of 20%.
7    (a-1) From January 1, 1998 until July 1, 2002, a privilege
8tax is imposed on persons engaged in the business of
9conducting riverboat gambling operations, based on the
10adjusted gross receipts received by a licensed owner from
11gambling games authorized under this Act at the following
12rates:
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
24is imposed on persons engaged in the business of conducting
25riverboat gambling operations, other than licensed managers

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1conducting riverboat gambling operations on behalf of the
2State, based on the adjusted gross receipts received by a
3licensed owner from gambling games authorized under this Act
4at 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
20on persons engaged in the business of conducting riverboat
21gambling operations, other than licensed managers conducting
22riverboat gambling operations on behalf of the State, based on
23the adjusted gross receipts received by a licensed owner from
24gambling games authorized under this Act at the following
25rates:
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
15under this subsection (a-3) that are in addition to the amount
16of wagering taxes that would have been collected if the
17wagering tax rates under subsection (a-2) were in effect shall
18be paid into the Common School Fund.
19    The privilege tax imposed under this subsection (a-3)
20shall no longer be imposed beginning on the earlier of (i) July
211, 2005; (ii) the first date after June 20, 2003 that riverboat
22gambling operations are conducted pursuant to a dormant
23license; or (iii) the first day that riverboat gambling
24operations are conducted under the authority of an owners
25license that is in addition to the 10 owners licenses
26initially authorized under this Act. For the purposes of this

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1subsection (a-3), the term "dormant license" means an owners
2license that is authorized by this Act under which no
3riverboat gambling operations are being conducted on June 20,
42003.
5    (a-4) Beginning on the first day on which the tax imposed
6under subsection (a-3) is no longer imposed and ending upon
7the imposition of the privilege tax under subsection (a-5) of
8this Section, a privilege tax is imposed on persons engaged in
9the business of conducting gambling operations, other than
10licensed managers conducting riverboat gambling operations on
11behalf of the State, based on the adjusted gross receipts
12received by a licensed owner from gambling games authorized
13under 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
4Section 56 of the Illinois Horse Racing Act of 1975 shall not
5be included in the determination of adjusted gross receipts.
6    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
7imposed on persons engaged in the business of conducting
8gambling operations, other than the owners licensee under
9paragraph (1) of subsection (e-5) of Section 7 and licensed
10managers conducting riverboat gambling operations on behalf of
11the State, based on the adjusted gross receipts received by
12such licensee from the gambling games authorized under this
13Act. The privilege tax for all gambling games other than table
14games, including, but not limited to, slot machines, video
15game of chance gambling, and electronic gambling games shall
16be 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
6following 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
13Section 56 of the Illinois Horse Racing Act of 1975 shall not
14be included in the determination of adjusted gross receipts.
15    (2) Beginning on the first day that an owners licensee
16under paragraph (1) of subsection (e-5) of Section 7 conducts
17gambling operations, either in a temporary facility or a
18permanent facility, a privilege tax is imposed on persons
19engaged in the business of conducting gambling operations
20under paragraph (1) of subsection (e-5) of Section 7, other
21than licensed managers conducting riverboat gambling
22operations on behalf of the State, based on the adjusted gross
23receipts received by such licensee from the gambling games
24authorized under this Act. The privilege tax for all gambling
25games other than table games, including, but not limited to,
26slot machines, video game of chance gambling, and electronic

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1gambling 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
15following 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
24Section 56 of the Illinois Horse Racing Act of 1975 shall not
25be 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
2under this subsection (a-5) or until the year preceding the
3calendar year in which paragraph (4) becomes operative,
4whichever occurs first, the privilege tax shall be imposed on
5the modified annual adjusted gross receipts of a riverboat or
6casino conducting gambling operations in the City of East St.
7Louis, 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
2gambling operations commence either in a temporary or
3permanent facility at an organization gaming facility located
4in the City of Collinsville, the privilege tax imposed under
5this subsection (a-5) on a riverboat or casino conducting
6gambling operations in the City of East St. Louis shall be
7reduced, if applicable, by an amount equal to the difference
8in adjusted gross receipts for the 2022 calendar year less the
9current 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
3adjusted 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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1101-31) until June 30, 2023, an owners licensee that conducted
2gambling operations prior to January 1, 2011 shall receive a
3dollar-for-dollar credit against the tax imposed under this
4Section for any renovation or construction costs paid by the
5owners licensee, but in no event shall the credit exceed
6$2,000,000.
7    Additionally, from June 28, 2019 (the effective date of
8Public Act 101-31) until December 31, 2024, an owners licensee
9that (i) is located within 15 miles of the Missouri border, and
10(ii) has at least 3 riverboats, casinos, or their equivalent
11within a 45-mile radius, may be authorized to relocate to a new
12location with the approval of both the unit of local
13government designated as the home dock and the Board, so long
14as the new location is within the same unit of local government
15and no more than 3 miles away from its original location. Such
16owners licensee shall receive a credit against the tax imposed
17under this Section equal to 8% of the total project costs, as
18approved by the Board, for any renovation or construction
19costs paid by the owners licensee for the construction of the
20new facility, provided that the new facility is operational by
21July 1, 2024. In determining whether or not to approve a
22relocation, the Board must consider the extent to which the
23relocation will diminish the gaming revenues received by other
24Illinois gaming facilities.
25    (a-7) Beginning in the initial adjustment year and through
26the final adjustment year, if the total obligation imposed

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1pursuant to either subsection (a-5) or (a-6) will result in an
2owners licensee receiving less after-tax adjusted gross
3receipts than it received in calendar year 2018, then the
4total amount of privilege taxes that the owners licensee is
5required to pay for that calendar year shall be reduced to the
6extent necessary so that the after-tax adjusted gross receipts
7in that calendar year equals the after-tax adjusted gross
8receipts in calendar year 2018, but the privilege tax
9reduction shall not exceed the annual adjustment cap. If
10pursuant to this subsection (a-7), the total obligation
11imposed pursuant to either subsection (a-5) or (a-6) shall be
12reduced, then the owners licensee shall not receive a refund
13from the State at the end of the subject calendar year but
14instead shall be able to apply that amount as a credit against
15any payments it owes to the State in the following calendar
16year to satisfy its total obligation under either subsection
17(a-5) or (a-6). The credit for the final adjustment year shall
18occur in the calendar year following the final adjustment
19year.
20    If an owners licensee that conducted gambling operations
21prior to January 1, 2019 expands its riverboat or casino,
22including, but not limited to, with respect to its gaming
23floor, additional non-gaming amenities such as restaurants,
24bars, and hotels and other additional facilities, and incurs
25construction and other costs related to such expansion from
26June 28, 2019 (the effective date of Public Act 101-31) until

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1June 28, 2029, then for each $15,000,000 spent for any such
2construction or other costs related to expansion paid by the
3owners licensee, the final adjustment year shall be extended
4by one year and the annual adjustment cap shall increase by
50.2% of adjusted gross receipts during each calendar year
6until and including the final adjustment year. No further
7modifications to the final adjustment year or annual
8adjustment cap shall be made after $75,000,000 is incurred in
9construction or other costs related to expansion so that the
10final adjustment year shall not extend beyond the 9th calendar
11year after the initial adjustment year, not including the
12initial adjustment year, and the annual adjustment cap shall
13not exceed 4% of adjusted gross receipts in a particular
14calendar year. Construction and other costs related to
15expansion shall include all project related costs, including,
16but not limited to, all hard and soft costs, financing costs,
17on or off-site ground, road or utility work, cost of gaming
18equipment and all other personal property, initial fees
19assessed for each incremental gaming position, and the cost of
20incremental land acquired for such expansion. Soft costs shall
21include, but not be limited to, legal fees, architect,
22engineering and design costs, other consultant costs,
23insurance cost, permitting costs, and pre-opening costs
24related to the expansion, including, but not limited to, any
25of the following: marketing, real estate taxes, personnel,
26training, travel and out-of-pocket expenses, supply,

10400HB1075sam002- 180 -LRB104 03072 JDS 27129 a
1inventory, and other costs, and any other project related soft
2costs.
3    To be eligible for the tax credits in subsection (a-6),
4all construction contracts shall include a requirement that
5the contractor enter into a project labor agreement with the
6building and construction trades council with geographic
7jurisdiction 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
10licensee unless such owners licensee spends at least
11$15,000,000 on construction and other costs related to its
12expansion, excluding the initial fees assessed for each
13incremental gaming position.
14    This subsection (a-7) does not apply to owners licensees
15authorized pursuant to subsection (e-5) of Section 7 of this
16Act.
17    For purposes of this subsection (a-7):
18    "Building and construction trades council" means any
19organization representing multiple construction entities that
20are monitoring or attentive to compliance with public or
21workers' safety laws, wage and hour requirements, or other
22statutory requirements or that are making or maintaining
23collective bargaining agreements.
24    "Initial adjustment year" means the year commencing on
25January 1 of the calendar year immediately following the
26earlier 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);
7provided the initial adjustment year shall not commence
8earlier than June 28, 2020 (12 months after the effective date
9of Public Act 101-31).
10    "Final adjustment year" means the 2nd calendar year after
11the initial adjustment year, not including the initial
12adjustment year, and as may be extended further as described
13in this subsection (a-7).
14    "Annual adjustment cap" means 3% of adjusted gross
15receipts in a particular calendar year, and as may be
16increased further as otherwise described in this subsection
17(a-7).
18    (a-8) Riverboat gambling operations conducted by a
19licensed manager on behalf of the State are not subject to the
20tax imposed under this Section.
21    (a-9) Beginning on January 1, 2020, the calculation of
22gross receipts or adjusted gross receipts, for the purposes of
23this Section, for a riverboat, a casino, or an organization
24gaming facility shall not include the dollar amount of
25non-cashable vouchers, coupons, and electronic promotions
26redeemed by wagerers upon the riverboat, in the casino, or in

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1the organization gaming facility up to and including an amount
2not to exceed 20% of a riverboat's, a casino's, or an
3organization gaming facility's adjusted gross receipts.
4    The Illinois Gaming Board shall submit to the General
5Assembly a comprehensive report no later than March 31, 2023
6detailing, at a minimum, the effect of removing non-cashable
7vouchers, coupons, and electronic promotions from this
8calculation on net gaming revenues to the State in calendar
9years 2020 through 2022, the increase or reduction in wagerers
10as a result of removing non-cashable vouchers, coupons, and
11electronic promotions from this calculation, the effect of the
12tax rates in subsection (a-5) on net gaming revenues to this
13State, and proposed modifications to the calculation.
14    (a-10) The taxes imposed by this Section shall be paid by
15the licensed owner or the organization gaming licensee to the
16Board not later than 5:00 o'clock p.m. of the day after the day
17when the wagers were made.
18    (a-15) If the privilege tax imposed under subsection (a-3)
19is no longer imposed pursuant to item (i) of the last paragraph
20of subsection (a-3), then by June 15 of each year, each owners
21licensee, other than an owners licensee that admitted
221,000,000 persons or fewer in calendar year 2004, must, in
23addition to the payment of all amounts otherwise due under
24this Section, pay to the Board a reconciliation payment in the
25amount, if any, by which the licensed owner's base amount
26exceeds the amount of net privilege tax paid by the licensed

10400HB1075sam002- 183 -LRB104 03072 JDS 27129 a
1owner to the Board in the then current State fiscal year. A
2licensed owner's net privilege tax obligation due for the
3balance of the State fiscal year shall be reduced up to the
4total of the amount paid by the licensed owner in its June 15
5reconciliation payment. The obligation imposed by this
6subsection (a-15) is binding on any person, firm, corporation,
7or other entity that acquires an ownership interest in any
8such owners license. The obligation imposed under this
9subsection (a-15) terminates on the earliest of: (i) July 1,
102007, (ii) the first day after August 23, 2005 (the effective
11date of Public Act 94-673) that riverboat gambling operations
12are conducted pursuant to a dormant license, (iii) the first
13day that riverboat gambling operations are conducted under the
14authority of an owners license that is in addition to the 10
15owners licenses initially authorized under this Act, or (iv)
16the first day that a licensee under the Illinois Horse Racing
17Act of 1975 conducts gaming operations with slot machines or
18other electronic gaming devices. The Board must reduce the
19obligation imposed under this subsection (a-15) by an amount
20the Board deems reasonable for any of the following reasons:
21(A) an act or acts of God, (B) an act of bioterrorism or
22terrorism or a bioterrorism or terrorism threat that was
23investigated by a law enforcement agency, or (C) a condition
24beyond the control of the owners licensee that does not result
25from any act or omission by the owners licensee or any of its
26agents and that poses a hazardous threat to the health and

10400HB1075sam002- 184 -LRB104 03072 JDS 27129 a
1safety of patrons. If an owners licensee pays an amount in
2excess of its liability under this Section, the Board shall
3apply the overpayment to future payments required under this
4Section.
5    For purposes of this subsection (a-15):
6    "Act of God" means an incident caused by the operation of
7an extraordinary force that cannot be foreseen, that cannot be
8avoided by the exercise of due care, and for which no person
9can 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
20subsection (a-3).
21    "Net privilege tax" means all privilege taxes paid by a
22licensed owner to the Board under this Section, less all
23payments made from the State Gaming Fund pursuant to
24subsection (b) of this Section.
25    The changes made to this subsection (a-15) by Public Act
2694-839 are intended to restate and clarify the intent of

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1Public Act 94-673 with respect to the amount of the payments
2required to be made under this subsection by an owners
3licensee to the Board.
4    (b) From the tax revenue from riverboat or casino gambling
5deposited into in the State Gaming Fund under this Section, an
6amount equal to 5% of adjusted gross receipts generated by a
7riverboat or a casino, other than a riverboat or casino
8designated in paragraph (1), (3), or (4) of subsection (e-5)
9of Section 7, shall be paid monthly, subject to appropriation
10by the General Assembly, to the unit of local government in
11which the casino is located or that is designated as the home
12dock of the riverboat. Notwithstanding anything to the
13contrary, beginning on the first day that an owners licensee
14under paragraph (1), (2), (3), (4), (5), or (6) of subsection
15(e-5) of Section 7 conducts gambling operations, either in a
16temporary facility or a permanent facility, and for 2 years
17thereafter, a unit of local government designated as the home
18dock of a riverboat whose license was issued before January 1,
192019, other than a riverboat conducting gambling operations in
20the City of East St. Louis, shall not receive less under this
21subsection (b) than the amount the unit of local government
22received under this subsection (b) in calendar year 2018.
23Notwithstanding anything to the contrary and because the City
24of East St. Louis is a financially distressed city, beginning
25on the first day that an owners licensee under paragraph (1),
26(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7

10400HB1075sam002- 186 -LRB104 03072 JDS 27129 a
1conducts gambling operations, either in a temporary facility
2or a permanent facility, and for 10 years thereafter, a unit of
3local government designated as the home dock of a riverboat
4conducting gambling operations in the City of East St. Louis
5shall not receive less under this subsection (b) than the
6amount the unit of local government received under this
7subsection (b) in calendar year 2018.
8    From the tax revenue deposited into in the State Gaming
9Fund pursuant to riverboat or casino gambling operations
10conducted by a licensed manager on behalf of the State, an
11amount equal to 5% of adjusted gross receipts generated
12pursuant to those riverboat or casino gambling operations
13shall be paid monthly, subject to appropriation by the General
14Assembly, to the unit of local government that is designated
15as the home dock of the riverboat upon which those riverboat
16gambling operations are conducted or in which the casino is
17located.
18    From the tax revenue from riverboat or casino gambling
19deposited into in the State Gaming Fund under this Section, an
20amount equal to 5% of the adjusted gross receipts generated by
21a riverboat designated in paragraph (3) of subsection (e-5) of
22Section 7 shall be divided and remitted monthly, subject to
23appropriation, as follows: 70% to Waukegan, 10% to Park City,
2415% to North Chicago, and 5% to Lake County.
25    From the tax revenue from riverboat or casino gambling
26deposited into in the State Gaming Fund under this Section, an

10400HB1075sam002- 187 -LRB104 03072 JDS 27129 a
1amount equal to 5% of the adjusted gross receipts generated by
2a riverboat designated in paragraph (4) of subsection (e-5) of
3Section 7 shall be remitted monthly, subject to appropriation,
4as follows: 70% to the City of Rockford, 5% to the City of
5Loves Park, 5% to the Village of Machesney, and 20% to
6Winnebago County.
7    From the tax revenue from riverboat or casino gambling
8deposited into in the State Gaming Fund under this Section, an
9amount equal to 5% of the adjusted gross receipts generated by
10a riverboat designated in paragraph (5) of subsection (e-5) of
11Section 7 shall be remitted monthly, subject to appropriation,
12as follows: 2% to the unit of local government in which the
13riverboat or casino is located, and 3% shall be distributed:
14(A) in accordance with a regional capital development plan
15entered into by the following communities: Village of Beecher,
16City of Blue Island, Village of Burnham, City of Calumet City,
17Village of Calumet Park, City of Chicago Heights, City of
18Country Club Hills, Village of Crestwood, Village of Crete,
19Village of Dixmoor, Village of Dolton, Village of East Hazel
20Crest, Village of Flossmoor, Village of Ford Heights, Village
21of Glenwood, City of Harvey, Village of Hazel Crest, Village
22of Homewood, Village of Lansing, Village of Lynwood, City of
23Markham, Village of Matteson, Village of Midlothian, Village
24of Monee, City of Oak Forest, Village of Olympia Fields,
25Village of Orland Hills, Village of Orland Park, City of Palos
26Heights, Village of Park Forest, Village of Phoenix, Village

10400HB1075sam002- 188 -LRB104 03072 JDS 27129 a
1of Posen, Village of Richton Park, Village of Riverdale,
2Village of Robbins, Village of Sauk Village, Village of South
3Chicago Heights, Village of South Holland, Village of Steger,
4Village of Thornton, Village of Tinley Park, Village of
5University Park, and Village of Worth; or (B) if no regional
6capital development plan exists, equally among the communities
7listed in item (A) to be used for capital expenditures or
8public pension payments, or both.
9    Units of local government may refund any portion of the
10payment that they receive pursuant to this subsection (b) to
11the riverboat or casino.
12    (b-4) Beginning on the first day a licensee under
13subsection (e-5) of Section 7 conducts gambling operations or
1430 days after the effective date of this amendatory Act of the
15103rd General Assembly, whichever is sooner, either in a
16temporary facility or a permanent facility, and ending on July
1731, 2042, from the tax revenue deposited into in the State
18Gaming Fund under this Section, $5,000,000 shall be paid
19annually, subject to appropriation, to the host municipality
20of that owners licensee of a license issued or re-issued
21pursuant to Section 7.1 of this Act before January 1, 2012.
22Payments received by the host municipality pursuant to this
23subsection (b-4) may not be shared with any other unit of local
24government.
25    (b-5) Beginning on June 28, 2019 (the effective date of
26Public Act 101-31), from the tax revenue deposited into in the

10400HB1075sam002- 189 -LRB104 03072 JDS 27129 a
1State Gaming Fund under this Section, an amount equal to 3% of
2adjusted gross receipts generated by each organization gaming
3facility located outside Madison County shall be paid monthly,
4subject to appropriation by the General Assembly, to a
5municipality other than the Village of Stickney in which each
6organization gaming facility is located or, if the
7organization gaming facility is not located within a
8municipality, to the county in which the organization gaming
9facility is located, except as otherwise provided in this
10Section. From the tax revenue deposited into in the State
11Gaming Fund under this Section, an amount equal to 3% of
12adjusted gross receipts generated by an organization gaming
13facility located in the Village of Stickney shall be paid
14monthly, subject to appropriation by the General Assembly, as
15follows: 25% to the Village of Stickney, 5% to the City of
16Berwyn, 50% to the Town of Cicero, and 20% to the Stickney
17Public Health District.
18    From the tax revenue deposited into in the State Gaming
19Fund under this Section, an amount equal to 5% of adjusted
20gross receipts generated by an organization gaming facility
21located in the City of Collinsville shall be paid monthly,
22subject to appropriation by the General Assembly, as follows:
2330% to the City of Alton, 30% to the City of East St. Louis,
24and 40% to the City of Collinsville.
25    Municipalities and counties may refund any portion of the
26payment that they receive pursuant to this subsection (b-5) to

10400HB1075sam002- 190 -LRB104 03072 JDS 27129 a
1the organization gaming facility.
2    (b-6) Beginning on June 28, 2019 (the effective date of
3Public Act 101-31), from the tax revenue deposited into in the
4State Gaming Fund under this Section, an amount equal to 2% of
5adjusted gross receipts generated by an organization gaming
6facility located outside Madison County shall be paid monthly,
7subject to appropriation by the General Assembly, to the
8county in which the organization gaming facility is located
9for the purposes of its criminal justice system or health care
10system.
11    Counties may refund any portion of the payment that they
12receive pursuant to this subsection (b-6) to the organization
13gaming facility.
14    (b-7) From the tax revenue from the organization gaming
15licensee located in one of the following townships of Cook
16County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
17Worth, an amount equal to 5% of the adjusted gross receipts
18generated by that organization gaming licensee shall be
19remitted monthly, subject to appropriation, as follows: 2% to
20the unit of local government in which the organization gaming
21licensee is located, and 3% shall be distributed: (A) in
22accordance with a regional capital development plan entered
23into by the following communities: Village of Beecher, City of
24Blue Island, Village of Burnham, City of Calumet City, Village
25of Calumet Park, City of Chicago Heights, City of Country Club
26Hills, Village of Crestwood, Village of Crete, Village of

10400HB1075sam002- 191 -LRB104 03072 JDS 27129 a
1Dixmoor, Village of Dolton, Village of East Hazel Crest,
2Village of Flossmoor, Village of Ford Heights, Village of
3Glenwood, City of Harvey, Village of Hazel Crest, Village of
4Homewood, Village of Lansing, Village of Lynwood, City of
5Markham, Village of Matteson, Village of Midlothian, Village
6of Monee, City of Oak Forest, Village of Olympia Fields,
7Village of Orland Hills, Village of Orland Park, City of Palos
8Heights, Village of Park Forest, Village of Phoenix, Village
9of Posen, Village of Richton Park, Village of Riverdale,
10Village of Robbins, Village of Sauk Village, Village of South
11Chicago Heights, Village of South Holland, Village of Steger,
12Village of Thornton, Village of Tinley Park, Village of
13University Park, and Village of Worth; or (B) if no regional
14capital development plan exists, equally among the communities
15listed in item (A) to be used for capital expenditures or
16public pension payments, or both.
17    (b-8) In lieu of the payments under subsection (b) of this
18Section, from the tax revenue deposited into in the State
19Gaming Fund pursuant to riverboat or casino gambling
20operations conducted by an owners licensee under paragraph (1)
21of subsection (e-5) of Section 7, an amount equal to the tax
22revenue generated from the privilege tax imposed by paragraph
23(2) of subsection (a-5) that is to be paid to the City of
24Chicago shall be paid monthly, subject to appropriation by the
25General Assembly, as follows: (1) an amount equal to 0.5% of
26the annual adjusted gross receipts generated by the owners

10400HB1075sam002- 192 -LRB104 03072 JDS 27129 a
1licensee under paragraph (1) of subsection (e-5) of Section 7
2to the home rule county in which the owners licensee is located
3for the purpose of enhancing the county's criminal justice
4system; and (2) the balance to the City of Chicago and shall be
5expended or obligated by the City of Chicago for pension
6payments in accordance with Public Act 99-506.
7    (c) Appropriations, as approved by the General Assembly,
8may be made from the State Gaming Fund to the Board (i) for the
9administration and enforcement of this Act and the Video
10Gaming Act, (ii) for distribution to the Illinois State Police
11and to the Department of Revenue for the enforcement of this
12Act and the Video Gaming Act, and (iii) to the Department of
13Human Services for the administration of programs to treat
14problem gambling, including problem gambling from sports
15wagering. The Board's annual appropriations request must
16separately state its funding needs for the regulation of
17gaming authorized under Section 7.7, riverboat gaming, casino
18gaming, video gaming, and sports wagering.
19    (c-2) An amount equal to 2% of the adjusted gross receipts
20generated by an organization gaming facility located within a
21home rule county with a population of over 3,000,000
22inhabitants shall be paid, subject to appropriation from the
23General Assembly, from the State Gaming Fund to the home rule
24county in which the organization gaming licensee is located
25for the purpose of enhancing the county's criminal justice
26system.

10400HB1075sam002- 193 -LRB104 03072 JDS 27129 a
1    (c-3) Appropriations, as approved by the General Assembly,
2may be made from the tax revenue deposited into the State
3Gaming Fund from organization gaming licensees pursuant to
4this Section for the administration and enforcement of this
5Act.
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
8the tax revenue from organization gaming licensees deposited
9into the State Gaming Fund under this Section, all remaining
10amounts from organization gaming licensees shall be
11transferred into the Capital Projects Fund.
12    (c-5) (Blank).
13    (c-10) Each year the General Assembly shall appropriate
14from the General Revenue Fund to the Education Assistance Fund
15an amount equal to the amount paid into the Horse Racing Equity
16Fund 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
19adjusted gross receipts of (1) an owners licensee that
20relocates pursuant to Section 11.2, (2) an owners licensee
21conducting riverboat gambling operations pursuant to an owners
22license that is initially issued after June 25, 1999, or (3)
23the first riverboat gambling operations conducted by a
24licensed manager on behalf of the State under Section 7.3,
25whichever comes first, shall be paid, subject to appropriation
26from the General Assembly, from the State Gaming Fund to each

10400HB1075sam002- 194 -LRB104 03072 JDS 27129 a
1home rule county with a population of over 3,000,000
2inhabitants for the purpose of enhancing the county's criminal
3justice system.
4    (c-20) Each year the General Assembly shall appropriate
5from the General Revenue Fund to the Education Assistance Fund
6an amount equal to the amount paid to each home rule county
7with a population of over 3,000,000 inhabitants pursuant to
8subsection (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
11been made, an amount equal to 0.5% of the adjusted gross
12receipts generated by the owners licensee under paragraph (1)
13of subsection (e-5) of Section 7 shall be paid monthly,
14subject to appropriation from the General Assembly, from the
15State Gaming Fund to the home rule county in which the owners
16licensee is located for the purpose of enhancing the county's
17criminal 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
21gross receipts generated by the owners licensee under
22paragraph (5) of subsection (e-5) of Section 7 shall be paid,
23subject to appropriation from the General Assembly, from the
24State Gaming Fund to the home rule county in which the owners
25licensee is located for the purpose of enhancing the county's
26criminal justice system.

10400HB1075sam002- 195 -LRB104 03072 JDS 27129 a
1    (c-25) From July 1, 2013 and each July 1 thereafter
2through July 1, 2019, $1,600,000 shall be transferred from the
3State Gaming Fund to the Chicago State University Education
4Improvement Fund.
5    On July 1, 2020 and each July 1 thereafter, $3,000,000
6shall be transferred from the State Gaming Fund to the Chicago
7State 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
10the School Infrastructure Fund and $23,000,000 shall be
11transferred from the State Gaming Fund to the Horse Racing
12Equity Fund.
13    (c-35) Beginning on July 1, 2013, in addition to any
14amount transferred under subsection (c-30) of this Section,
15$5,530,000 shall be transferred monthly from the State Gaming
16Fund to the School Infrastructure Fund.
17    (d) From time to time, through June 30, 2021, the Board
18shall transfer the remainder of the funds generated by this
19Act into the Education Assistance Fund.
20    (d-5) Beginning on July 1, 2021 and through June 30, 2025,
21on the last day of each month, or as soon thereafter as
22possible, after all the required expenditures, distributions,
23and transfers have been made from the State Gaming Fund for the
24month pursuant to subsections (b) through (c-35), at the
25direction of the Board, the Comptroller shall direct and the
26Treasurer shall transfer $22,500,000, along with any

10400HB1075sam002- 196 -LRB104 03072 JDS 27129 a
1deficiencies in such amounts from prior months in the same
2fiscal year, from the State Gaming Fund to the Education
3Assistance Fund; then, at the direction of the Board, the
4Comptroller shall direct and the Treasurer shall transfer the
5remainder of the funds generated by this Act, if any, from the
6State Gaming Fund to the Capital Projects Fund.
7    (d-7) Beginning on July 1, 2025, on the last day of each
8month, or as soon thereafter as possible, after all the
9required expenditures, distributions, and transfers have been
10made from the State Gaming Fund for the month under
11subsections (b) through (c-35), at the direction of the Board,
12the Comptroller shall direct and the Treasurer shall transfer
13$28,000,000, along with any deficiencies in such amounts from
14prior months in the same fiscal year, from the State Gaming
15Fund to the Education Assistance Fund and the remainder of the
16funds generated by this Act, if any, from the State Gaming Fund
17to the Capital Projects Fund.    
18    (e) Nothing in this Act shall prohibit the unit of local
19government designated as the home dock of the riverboat from
20entering into agreements with other units of local government
21in this State or in other states to share its portion of the
22tax revenue.
23    (f) To the extent practicable, the Board shall administer
24and collect the wagering taxes imposed by this Section in a
25manner consistent with the provisions of Sections 4, 5, 5a,
265b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of

10400HB1075sam002- 197 -LRB104 03072 JDS 27129 a
1the Retailers' Occupation Tax Act and Section 3-7 of the
2Uniform Penalty and Interest Act.
3(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
4102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff.
56-7-23; 103-574, eff. 12-8-23; 103-592, eff. 6-7-24.)
6    Section 5-90. The Video Gaming Act is amended by changing
7Section 60 as follows:
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
11terminal income and shall be collected by the Board.
12    Of the tax collected under this subsection (a),
13five-sixths shall be deposited into the Capital Projects Fund
14and one-sixth shall be deposited into the Local Government
15Video Gaming Distributive Fund.
16    (b) Beginning on July 1, 2019 and through June 30, 2025, an
17additional tax of 3% is imposed on net terminal income and
18shall be collected by the Board.
19    Beginning on July 1, 2020 and through June 30, 2025, an
20additional tax of 1% is imposed on net terminal income and
21shall be collected by the Board.
22    Beginning on July 1, 2024 and through June 30, 2025, an
23additional tax of 1% is imposed on net terminal income and
24shall be collected by the Board.

10400HB1075sam002- 198 -LRB104 03072 JDS 27129 a
1    The tax collected under this subsection (b) shall be
2deposited into the Capital Projects Fund.
3    (b-5) Beginning on July 1, 2025, a tax of 35% is imposed on
4net terminal income and shall be collected by the Board.    
5    Of the tax collected under this subsection (b-5), 83.7%
6shall be deposited into the Capital Projects Fund, 14.3% shall
7be deposited into the Local Government Video Gaming
8Distributive Fund, and 2% shall be deposited into the State
9Gaming Fund.    
10    (c) Revenues generated from the play of video gaming
11terminals shall be deposited by the terminal operator, who is
12responsible for tax payments, in a specially created, separate
13bank account maintained by the video gaming terminal operator
14to allow for electronic fund transfers of moneys for tax
15payment.
16    (d) Each licensed establishment, licensed truck stop
17establishment, licensed large truck stop establishment,
18licensed fraternal establishment, and licensed veterans
19establishment shall maintain an adequate video gaming fund,
20with the amount to be determined by the Board.
21    (e) The State's percentage of net terminal income shall be
22reported and remitted to the Board within 15 days after the
2315th day of each month and within 15 days after the end of each
24month by the video terminal operator. A video terminal
25operator who falsely reports or fails to report the amount due
26required by this Section is guilty of a Class 4 felony and is

10400HB1075sam002- 199 -LRB104 03072 JDS 27129 a
1subject to termination of his or her license by the Board. Each
2video terminal operator shall keep a record of net terminal
3income in such form as the Board may require. All payments not
4remitted when due shall be paid together with a penalty
5assessment on the unpaid balance at a rate of 1.5% per month.
6(Source: P.A. 103-592, eff. 6-7-24.)
7    (410 ILCS 643/Act rep.)
8    Section 5-95. The Access to Affordable Insulin Act is
9repealed.
10    Section 5-100. The Environmental Protection Act is amended
11by 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
15special fund to be known as the Solid Waste Management Fund, to
16be constituted from the fees collected by the State pursuant
17to this Section, from repayments of loans made from the Fund
18for solid waste projects, from registration fees collected
19pursuant to the Consumer Electronics Recycling Act, from fees
20collected under the Paint Stewardship Act, and from amounts
21transferred into the Fund pursuant to Public Act 100-433.
22Moneys received by either the Agency or the Department of
23Commerce and Economic Opportunity in repayment of loans made

10400HB1075sam002- 200 -LRB104 03072 JDS 27129 a
1pursuant to the Illinois Solid Waste Management Act shall be
2deposited into the General Revenue Fund.
3    (b) The Agency shall assess and collect a fee in the amount
4set forth herein from the owner or operator of each sanitary
5landfill permitted or required to be permitted by the Agency
6to dispose of solid waste if the sanitary landfill is located
7off the site where such waste was produced and if such sanitary
8landfill is owned, controlled, and operated by a person other
9than the generator of such waste. The Agency shall deposit all
10fees collected into the Solid Waste Management Fund. If a site
11is contiguous to one or more landfills owned or operated by the
12same person, the volumes permanently disposed of by each
13landfill shall be combined for purposes of determining the fee
14under this subsection. Beginning on July 1, 2018, and on the
15first day of each month thereafter during fiscal years 2019
16through 2026 2025, the State Comptroller shall direct and
17State Treasurer shall transfer an amount equal to 1/12 of
18$5,000,000 per fiscal year from the Solid Waste Management
19Fund 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

10400HB1075sam002- 201 -LRB104 03072 JDS 27129 a
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
23collection of the fees authorized by this Section. Such rules
24shall include, but not be limited to:
25        (1) necessary records identifying the quantities of
26 solid waste received or disposed;

10400HB1075sam002- 202 -LRB104 03072 JDS 27129 a
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
10Waste Management Fund shall be used by the Agency for the
11purposes set forth in this Section and in the Illinois Solid
12Waste Management Act, including for the costs of fee
13collection and administration, for administration of the Paint
14Stewardship Act, and for the administration of the Consumer
15Electronics Recycling Act, the Drug Take-Back Act, and the
16Statewide Recycling Needs Assessment Act.
17    (f) The Agency is authorized to enter into such agreements
18and to promulgate such rules as are necessary to carry out its
19duties under this Section and the Illinois Solid Waste
20Management Act.
21    (g) On the first day of January, April, July, and October
22of each year, beginning on July 1, 2025 1996, the State
23Comptroller and Treasurer shall transfer $750,000 $500,000    
24from the Solid Waste Management Fund to the Hazardous Waste
25Fund. Moneys transferred under this subsection (g) shall be
26used only for the purposes set forth in item (1) of subsection

10400HB1075sam002- 203 -LRB104 03072 JDS 27129 a
1(d) of Section 22.2.
2    (h) The Agency is authorized to provide financial
3assistance to units of local government for the performance of
4inspecting, investigating, and enforcement activities pursuant
5to subsection (r) of Section 4 at nonhazardous solid waste
6disposal sites.
7    (i) The Agency is authorized to conduct household waste
8collection and disposal programs.
9    (j) A unit of local government, as defined in the Local
10Solid Waste Disposal Act, in which a solid waste disposal
11facility is located may establish a fee, tax, or surcharge
12with regard to the permanent disposal of solid waste. All
13fees, taxes, and surcharges collected under this subsection
14shall be utilized for solid waste management purposes,
15including long-term monitoring and maintenance of landfills,
16planning, implementation, inspection, enforcement and other
17activities consistent with the Illinois Solid Waste Management
18Act and the Local Solid Waste Disposal Act, or for any other
19environment-related purpose, including, but not limited to, an
20environment-related public works project, but not for the
21construction of a new pollution control facility other than a
22household hazardous waste facility. However, the total fee,
23tax or surcharge imposed by all units of local government
24under this subsection (j) upon the solid waste disposal
25facility shall not exceed:
26        (1) 60¢ per cubic yard if more than 150,000 cubic

10400HB1075sam002- 204 -LRB104 03072 JDS 27129 a
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
22may use proceeds from the fee, tax, or surcharge to reimburse a
23highway commissioner whose road district lies wholly or
24partially within the corporate limits of the unit of local
25government for expenses incurred in the removal of
26nonhazardous, nonfluid municipal waste that has been dumped on

10400HB1075sam002- 205 -LRB104 03072 JDS 27129 a
1public property in violation of a State law or local
2ordinance.
3    For the disposal of solid waste from general construction
4or demolition debris recovery facilities as defined in
5subsection (a-1) of Section 3.160, the total fee, tax, or
6surcharge imposed by all units of local government under this
7subsection (j) upon the solid waste disposal facility shall
8not exceed 50% of the applicable amount set forth above. A unit
9of local government, as defined in the Local Solid Waste
10Disposal Act, in which a general construction or demolition
11debris recovery facility is located may establish a fee, tax,
12or surcharge on the general construction or demolition debris
13recovery facility with regard to the permanent disposal of
14solid waste by the general construction or demolition debris
15recovery facility at a solid waste disposal facility, provided
16that such fee, tax, or surcharge shall not exceed 50% of the
17applicable amount set forth above, based on the total amount
18of solid waste transported from the general construction or
19demolition debris recovery facility for disposal at solid
20waste disposal facilities, and the unit of local government
21and fee shall be subject to all other requirements of this
22subsection (j).
23    A county or Municipal Joint Action Agency that imposes a
24fee, tax, or surcharge under this subsection may use the
25proceeds thereof to reimburse a municipality that lies wholly
26or partially within its boundaries for expenses incurred in

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

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1report 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,
13and under subsection (k) of this Section, shall be applicable
14to any fee, tax or surcharge imposed under this subsection
15(j); except that the fee, tax or surcharge authorized to be
16imposed under this subsection (j) may be made applicable by a
17unit of local government to the permanent disposal of solid
18waste after December 31, 1986, under any contract lawfully
19executed before June 1, 1986 under which more than 150,000
20cubic yards (or 50,000 tons) of solid waste is to be
21permanently disposed of, even though the waste is exempt from
22the fee imposed by the State under subsection (b) of this
23Section pursuant to an exemption granted under Section 22.16.
24    (k) In accordance with the findings and purposes of the
25Illinois Solid Waste Management Act, beginning January 1, 1989
26the fee under subsection (b) and the fee, tax or surcharge

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1under 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;
20102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
215-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
22eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
23103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
24    (415 ILCS 5/55.6)    (from Ch. 111 1/2, par. 1055.6)
25    Sec. 55.6. Used Tire Management Fund.

10400HB1075sam002- 209 -LRB104 03072 JDS 27129 a
1    (a) There is hereby created in the State Treasury a
2special fund to be known as the Used Tire Management Fund.
3There shall be deposited into the Fund all monies received as
4(1) recovered costs or proceeds from the sale of used tires
5under Section 55.3 of this Act, (2) repayment of loans from the
6Used Tire Management Fund, or (3) penalties or punitive
7damages for violations of this Title, except as provided by
8subdivision (b)(4) or (b)(4-5) of Section 42.
9    (b) Beginning January 1, 1992, in addition to any other
10fees required by law, the owner or operator of each site
11required 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
14into 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
17shall 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.

10400HB1075sam002- 210 -LRB104 03072 JDS 27129 a
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
22State agency receiving an appropriation from the Used Tire
23Management Fund shall report to the Governor and the General
24Assembly on its activities relating to the Fund.
25    (e) Any monies appropriated from the Used Tire Management
26Fund, 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
3Department of Commerce and Economic Opportunity, and the
4Illinois Department of Public Health shall ensure that
5appropriate funding assistance is provided to any municipality
6with a population over 1,000,000 or to any sanitary district
7which serves a population over 1,000,000.
8    (g) Pursuant to appropriation, monies in excess of $4
9million per fiscal year from the Used Tire Management Fund
10shall 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;

10400HB1075sam002- 214 -LRB104 03072 JDS 27129 a
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
4special fund to be known as the Underground Storage Tank Fund.
5There shall be deposited into the Underground Storage Tank
6Fund all moneys received by the Office of the State Fire
7Marshal as fees for underground storage tanks under Sections 4
8and 5 of the Gasoline Storage Act, fees pursuant to the Motor
9Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
10the Use Tax Act, the Service Use Tax Act, the Service
11Occupation Tax Act, and the Retailers' Occupation Tax Act. All
12amounts held in the Underground Storage Tank Fund shall be
13invested at interest by the State Treasurer. All income earned
14from the investments shall be deposited into the Underground
15Storage Tank Fund no less frequently than quarterly. In
16addition to any other transfers that may be provided for by
17law, beginning on July 1, 2018 and on the first day of each
18month thereafter during fiscal years 2019 through 2026 2025    
19only, the State Comptroller shall direct and the State
20Treasurer shall transfer an amount equal to 1/12 of
21$10,000,000 from the Underground Storage Tank Fund to the
22General Revenue Fund. Moneys in the Underground Storage Tank
23Fund, pursuant to appropriation, may be used by the Agency and
24the Office of the State Fire Marshal for the following
25purposes:
26        (1) To take action authorized under Section 57.12 to

10400HB1075sam002- 216 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 217 -LRB104 03072 JDS 27129 a
1    (b) Moneys in the Underground Storage Tank Fund may,
2pursuant to appropriation, be used by the Office of the State
3Fire Marshal or the Agency to take whatever emergency action
4is necessary or appropriate to assure that the public health
5or safety is not threatened whenever there is a release or
6substantial threat of a release of petroleum from an
7underground storage tank and for the costs of administering
8its activities relative to the Underground Storage Tank Fund.
9    (c) Beginning July 1, 1993, the Governor shall certify to
10the State Comptroller and State Treasurer the monthly amount
11necessary to pay debt service on State obligations issued
12pursuant to Section 6 of the General Obligation Bond Act. On
13the last day of each month, the Comptroller shall order
14transferred and the Treasurer shall transfer from the
15Underground Storage Tank Fund to the General Obligation Bond
16Retirement and Interest Fund the amount certified by the
17Governor, plus any cumulative deficiency in those transfers
18for prior months.
19    (d) Except as provided in subsection (c) of this Section,
20the Underground Storage Tank Fund is not subject to
21administrative charges authorized under Section 8h of the
22State Finance Act that would in any way transfer any funds from
23the Underground Storage Tank Fund into any other fund of the
24State.
25    (e) Each fiscal year, subject to appropriation, the Agency
26may commit up to $10,000,000 of the moneys in the Underground

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1Storage Tank Fund to the payment of corrective action costs
2for legacy sites that meet one or more of the following
3criteria as a result of the underground storage tank release:
4(i) the presence of free product, (ii) contamination within a
5regulated recharge area, a wellhead protection area, or the
6setback zone of a potable water supply well, (iii)
7contamination extending beyond the boundaries of the site
8where the release occurred, or (iv) such other criteria as may
9be 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
26the Fund from moneys received by the Office of the State Fire

10400HB1075sam002- 219 -LRB104 03072 JDS 27129 a
1Marshal as fees for underground storage tanks under Sections 4
2and 5 of the Gasoline Storage Act and as fees pursuant to the
3Motor Fuel Tax Law during a State fiscal year are sufficient to
4pay all claims for payment by the fund received during that
5State fiscal year, then the amount of any payments into the
6fund pursuant to the Use Tax Act, the Service Use Tax Act, the
7Service Occupation Tax Act, and the Retailers' Occupation Tax
8Act during that State fiscal year shall be deposited as
9follows: 75% thereof shall be paid into the State treasury and
1025% shall be reserved in a special account and used only for
11the transfer to the Common School Fund as part of the monthly
12transfer from the General Revenue Fund in accordance with
13Section 8a of the State Finance Act.
14(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
15103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
16    Section 5-102. The Open Space Lands Acquisition and
17Development Act is amended by changing Section 3 as follows:
18    (525 ILCS 35/3)    (from Ch. 85, par. 2103)
19    Sec. 3. From appropriations made from the Capital
20Development Fund, Build Illinois Bond Fund or other available
21or designated funds for such purposes, the Department shall
22make grants to local governments as financial assistance for
23the capital development and improvement of park, recreation or
24conservation areas, marinas and shorelines, including planning

10400HB1075sam002- 220 -LRB104 03072 JDS 27129 a
1and engineering costs, and for the acquisition of open space
2lands, including acquisition of easements and other property
3interests less than fee simple ownership if the Department
4determines that such property interests are sufficient to
5carry out the purposes of this Act, subject to the conditions
6and limitations set forth in this Act.
7    No more than 10% of the amount so appropriated for any
8fiscal year may be committed or expended on any one project
9described in an application under this Act.
10    Except for grants awarded from new appropriations in
11fiscal years 2023 through fiscal year 2026 2025, any grant
12under this Act to a local government shall be conditioned upon
13the state providing assistance on a 50/50 matching basis for
14the acquisition of open space lands and for capital
15development and improvement proposals. However, a local
16government defined as "distressed" under criteria adopted by
17the Department through administrative rule shall be eligible
18for assistance up to 90% for the acquisition of open space
19lands and for capital development and improvement proposals,
20provided that no more than 10% of the amount appropriated
21under this Act in any fiscal year is made available as grants
22to distressed local governments. For grants awarded from new
23appropriations in fiscal years 2023 through fiscal year 2026    
242025 only, a local government defined as "distressed" is
25eligible for assistance up to 100% for the acquisition of open
26space lands and for capital development and improvement

10400HB1075sam002- 221 -LRB104 03072 JDS 27129 a
1proposals. The Department may make more than 10% of the amount
2appropriated in fiscal years 2023 through fiscal year 2026    
32025 available as grants to distressed local governments.
4    An advance payment of a minimum of 50% of any grant made to
5a unit of local government under this Act must be paid to the
6unit of local government at the time the Department awards the
7grant. A unit of local government may opt out of the advanced
8payment option at the time of the award of the grant. The
9remainder of the grant shall be distributed to the local
10government quarterly on a reimbursement basis. The Department
11shall consider an applicant's request for an extension to a
12grant under this Act if (i) the advanced payment is expended or
13legally obligated within the 2 years required by Section 5 of
14the Illinois Grant Funds Recovery Act or (ii) no advanced
15payment was made.
16(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
17103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
18    Section 5-103. The Pretrial Services Act is amended by
19changing Sections 0.02, 1, 25, 26, and 33 as follows:
20    (725 ILCS 185/0.02)
21    (This Section may contain text from a Public Act with a
22delayed effective date)
23    Sec. 0.02. Definitions. In this Act:
24    "Director" means the Director of the Office of Statewide

10400HB1075sam002- 222 -LRB104 03072 JDS 27129 a
1Pretrial Services.
2    "Division" has the meaning provided in Section 9b of the
3Probation and Probation Officers Act.    
4    "Local pretrial services agency" means a pretrial services
5agency other than the Office who is providing pretrial
6services.
7    "Pretrial services agency" means any agency providing
8services to the circuit court as provided for in this Act,
9including 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
13or with a local pretrial services agency who (i) has taken and
14subscribed to an oath as set forth in this Act and (ii)
15provides pretrial services to a court under this Act.    
16(Source: P.A. 103-602, eff. 7-1-25.)
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
20services agency to provide the court with accurate background
21data regarding the pretrial release of persons charged with
22felonies and effective supervision of compliance with the
23terms 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
3pretrial services agency or the Office.
4    (a) The pretrial services agency shall provide the circuit
5court with accurate background data regarding the pretrial
6release of persons charged with felonies and effective
7supervision of compliance with the terms and conditions
8imposed on release.
9    (b) Before entering upon the duties of office, each
10pretrial officer shall take and subscribe to an oath to
11support the constitution and laws of the United States and the
12State of Illinois and to perform faithfully the duties of that
13office.
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.)
21    (725 ILCS 185/25)    (from Ch. 38, par. 325)
22    Sec. 25. The pretrial services agency shall provide
23written notification to supervised persons of court appearance
24obligations, and may require their periodic reporting by
25letter, telephone or personal appearance to verify such

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1compliance.
2(Source: P.A. 84-1449.)
3    (725 ILCS 185/26)    (from Ch. 38, par. 326)
4    Sec. 26. The pretrial services agency Agency personnel    
5shall regularly monitor the arrest records of local law
6enforcement agencies to determine whether any supervised
7person has been formally charged with the commission of a new
8offense in violation of the uniform release order. In such
9event, the agency shall prepare a formal report of that fact
10and present same to the court. A copy shall be provided to the
11prosecuting officer.
12(Source: P.A. 84-1449.)
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
16appropriated to it for this purpose 100% of all approved costs
17for pretrial services, including pretrial services officers,
18necessary support personnel, travel costs reasonably related
19to the delivery of pretrial services, space costs, equipment,
20telecommunications, postage, commodities, printing and
21contractual services. Costs shall be reimbursed monthly, based
22on a plan and budget approved by the Supreme Court. No
23department may be reimbursed for costs which exceed or are not
24provided for in the approved plan and budget. The Mandatory

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1Arbitration Fund may be used to reimburse approved costs for
2pretrial services.
3(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
4eff. 8-21-07; 95-707, eff. 1-11-08.)
5    (Text of Section after amendment by P.A. 103-602)
6    Sec. 33. The Office shall pay from funds appropriated to
7it for this purpose 100% of the salary for all pretrial officer
8and pretrial supervisor positions employed by local pretrial
9services agencies to implement the services set forth in this
10Act and that have been approved for reimbursement by the
11Office. all approved costs for pretrial services, including
12pretrial services officers, necessary support personnel,
13travel costs reasonably related to the delivery of pretrial
14services, space costs, equipment, telecommunications, postage,
15commodities, 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.)
16    Section 5-105. The Revised Uniform Unclaimed Property Act
17is amended by changing Section 15-801 as follows:
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
21administrator shall deposit in the Unclaimed Property Trust
22Fund all funds received under this Act, including proceeds
23from the sale of property under Article 7. The administrator
24may deposit any amount in the Unclaimed Property Trust Fund

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1into the State Pensions Fund during the fiscal year at his or
2her discretion; however, he or she shall, on April 15 and
3October 15 of each year, deposit any amount in the Unclaimed
4Property Trust Fund exceeding $2,500,000 into the State
5Pensions Fund. If on either April 15 or October 15, the
6administrator determines that a balance of $2,500,000 is
7insufficient for the prompt payment of unclaimed property
8claims authorized under this Act, the administrator may retain
9more than $2,500,000 in the Unclaimed Property Trust Fund in
10order to ensure the prompt payment of claims. Beginning in
11State fiscal year 2027 2026, all amounts that are deposited
12into the State Pensions Fund from the Unclaimed Property Trust
13Fund shall be apportioned to the designated retirement systems
14as provided in subsection (c-6) of Section 8.12 of the State
15Finance Act to reduce their actuarial reserve deficiencies.
16    (b) The administrator shall make prompt payment of claims
17he or she duly allows as provided for in this Act from the
18Unclaimed Property Trust Fund. This shall constitute an
19irrevocable and continuing appropriation of all amounts in the
20Unclaimed Property Trust Fund necessary to make prompt payment
21of claims duly allowed by the administrator pursuant to this
22Act.
23(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
24103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
25    Section 5-106. The Illinois Works Jobs Program Act is

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1amended by changing Section 20-15 as follows:
2    (30 ILCS 559/20-15)
3    Sec. 20-15. Illinois Works Preapprenticeship Program;
4Illinois Works Bid Credit Program.
5    (a) The Illinois Works Preapprenticeship Program is
6established and shall be administered by the Department. The
7goal of the Illinois Works Preapprenticeship Program is to
8create a network of community-based organizations throughout
9the State that will recruit, prescreen, and provide
10preapprenticeship skills training, for which participants may
11attend free of charge and receive a stipend, to create a
12qualified, diverse pipeline of workers who are prepared for
13careers in the construction and building trades. Upon
14completion of the Illinois Works Preapprenticeship Program,
15the candidates will be skilled and work-ready.
16    (b) There is created the Illinois Works Fund, a special
17fund in the State treasury. The Illinois Works Fund shall be
18administered by the Department. The Illinois Works Fund shall
19be used to provide funding for community-based organizations
20throughout the State. In addition to any other transfers that
21may be provided for by law, on and after July 1, 2019 at the
22direction of the Director of the Governor's Office of
23Management and Budget, the State Comptroller shall direct and
24the State Treasurer shall transfer amounts not exceeding a
25total of $50,000,000 from the Rebuild Illinois Projects Fund

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1to the Illinois Works Fund.
2    (b-5) In addition to any other transfers that may be
3provided for by law, beginning July 1, 2024 and each July 1
4thereafter, or as soon thereafter as practical, the State
5Comptroller shall direct and the State Treasurer shall
6transfer $27,500,000 $20,000,000 from the Capital Projects
7Fund to the Illinois Works Fund.
8    (c) Each community-based organization that receives
9funding from the Illinois Works Fund shall provide an annual
10report to the Illinois Works Review Panel by April 1 of each
11calendar year. The annual report shall include the following
12information:
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
25Illinois Works Bid Credit Program that shall provide economic
26incentives, through bid credits, to encourage contractors and

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1subcontractors to provide contracting and employment
2opportunities to historically underrepresented populations in
3the construction industry.
4    The Illinois Works Bid Credit Program shall allow
5contractors and subcontractors to earn bid credits for use
6toward future bids for public works projects contracted by the
7State or an agency of the State in order to increase the
8chances that the contractor and the subcontractors will be
9selected.
10    Contractors or subcontractors may be eligible to earn bid
11credits for employing apprentices who have completed the
12Illinois Works Preapprenticeship Program. Contractors or
13subcontractors shall earn bid credits at a rate established by
14the Department and based on labor hours worked by apprentices
15who have completed the Illinois Works Preapprenticeship
16Program. In order to earn bid credits, contractors and
17subcontractors shall provide the Department with certified
18payroll documenting the hours performed by apprentices who
19have completed the Illinois Works Preapprenticeship Program.
20Contractors and subcontractors can use bid credits toward
21future bids for public works projects contracted or funded by
22the State or an agency of the State in order to increase the
23likelihood of being selected as the contractor for the public
24works project toward which they have applied the bid credit.
25The Department shall establish the rate by rule and shall
26publish it on the Department's website. The rule may include

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

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1works project. False or fraudulent claims for payment relating
2to false bid credits may be subject to damages and penalties
3under applicable law.
4    (e) The Department shall adopt any rules deemed necessary
5to implement this Section. In order to provide for the
6expeditious and timely implementation of this Act, the
7Department may adopt emergency rules. The adoption of
8emergency rules authorized by this subsection is deemed to be
9necessary for the public interest, safety, and welfare.
10(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
11103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
12    Section 5-107. The State Facilities Closure Act is amended
13by changing Section 5-10 as follows:
14    (30 ILCS 608/5-10)
15    Sec. 5-10. Facility closure process.
16    (a) Before a State facility may be closed, the State
17executive branch officer with jurisdiction over the facility
18shall file notice of the proposed closure with the Commission.
19The notice must be filed within 2 days after the first public
20announcement of any planned or proposed closure. Within 10
21days after it receives notice of the proposed closure, the
22Commission, in its discretion, may require the State executive
23branch officer with jurisdiction over the facility to file a
24recommendation for the closure of the facility with the

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1Commission. In the case of a proposed closure of: (i) a prison,
2youth center, work camp, or work release center operated by
3the Department of Corrections; (ii) a school, mental health
4center, or center for persons with developmental disabilities
5operated by the Department of Human Services; or (iii) a
6residential facility operated by the Department of Veterans'
7Affairs, the Commission must require the executive branch
8officers to file a recommendation for closure. The
9recommendation must be filed within 30 days after the
10Commission delivers the request for recommendation to the
11State executive branch officer. The recommendation must
12include, 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
1530-day public comment period must follow the filing of the
16recommendation. The Commission, in its discretion, may conduct
17one or more public hearings on the recommendation. In the case
18of a proposed closure of: (i) a prison, youth center, work
19camp, or work release center operated by the Department of
20Corrections; (ii) a school, mental health center, or center
21for persons with developmental disabilities operated by the
22Department of Human Services; or (iii) a residential facility
23operated by the Department of Veterans' Affairs, the
24Commission must conduct one or more public hearings on the
25recommendation. Public hearings conducted by the Commission
26shall be conducted no later than 35 days after the filing of

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1the recommendation. At least one of the public hearings on the
2recommendation shall be held at a convenient location within
325 miles of the facility for which closure is recommended. The
4Commission shall provide reasonable notice of the comment
5period and of any public hearings to the public and to units of
6local government and school districts that are located within
725 miles of the facility.
8    (c) Within 50 days after the State executive branch
9officer files the required recommendation, the Commission
10shall issue an advisory opinion on that recommendation. The
11Commission shall file the advisory opinion with the
12appropriate State executive branch officer, the Governor, the
13General Assembly, and the Index Department of the Office of
14the Secretary of State and shall make copies of the advisory
15opinion available to the public upon request.
16    (d) No action may be taken to implement the recommendation
17for closure of a State facility until 50 days after the filing
18of any required recommendation.
19    (e) The requirements of this Section do not apply if all of
20the functions and employees of a State facility are relocated
21to another State facility that is within 10 miles of the closed
22facility.
23(Source: P.A. 99-143, eff. 7-27-15.)
24    Section 5-108. The University of Illinois Act is amended
25by 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
4requisite buildings, apparatus, and conveniences; to fix the
5rates for tuition; to appoint such professors and instructors,
6and to establish and provide for the management of such model
7farms, model art, and other departments and professorships, as
8may be required to teach, in the most thorough manner, such
9branches of learning as are related to agriculture and the
10mechanic arts, and military tactics, without excluding other
11scientific and classical studies. The trustees shall, upon the
12written request of an employee withhold from the compensation
13of that employee any dues, payments or contributions payable
14by such employee to any labor organization as defined in the
15Illinois Educational Labor Relations Act. Under such
16arrangement, an amount shall be withheld from each regular
17payroll period which is equal to the pro rata share of the
18annual dues plus any payments or contributions, and the
19trustees shall transmit such withholdings to the specified
20labor organization within 10 working days from the time of the
21withholding. They may accept the endowments and voluntary
22professorships or departments in the University, from any
23person or persons or corporations who may offer the same, and,
24at any regular meeting of the board, may prescribe rules and
25regulations in relation to such endowments and declare on what

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1general principles they may be admitted: Provided, that such
2special voluntary endowments or professorships shall not be
3incompatible with the true design and scope of the act of
4congress, or of this Act: Provided, that no student shall at
5any time be allowed to remain in or about the University in
6idleness, or without full mental or industrial occupation: And
7provided further, that the trustees, in the exercise of any of
8the powers conferred by this Act, shall not create any
9liability or indebtedness in excess of the funds in the hands
10of the treasurer of the University at the time of creating such
11liability or indebtedness, and which may be specially and
12properly applied to the payment of the same. Except as
13otherwise provided in this Section, any lease to the trustees
14of lands, buildings or facilities which will support
15scientific research and development in such areas as high
16technology, super computing, microelectronics, biotechnology,
17robotics, physics and engineering shall be for a term not to
18exceed 18 years, and may grant to the trustees the option to
19purchase the lands, buildings or facilities. The lease shall
20recite that it is subject to termination and cancellation in
21any year for which the General Assembly fails to make an
22appropriation to pay the rent payable under the terms of the
23lease.
24    Leases for the purposes described herein exceeding 5 years
25shall have the approval of the Illinois Board of Higher
26Education.

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1    The Board of Trustees may, directly or in cooperation with
2other institutions of higher education, acquire by purchase or
3lease or otherwise, and construct, enlarge, improve, equip,
4complete, operate, control and manage medical research and
5high technology parks, together with the necessary lands,
6buildings, facilities, equipment and personal property
7therefor, to encourage and facilitate (a) the location and
8development of business and industry in the State of Illinois,
9and (b) the increased application and development of
10technology and (c) the improvement and development of the
11State's economy. The Board of Trustees may lease to nonprofit
12corporations all or any part of the land, buildings,
13facilities, equipment or other property included in a medical
14research and high technology park upon such terms and
15conditions as the University of Illinois may deem advisable
16and enter into any contract or agreement with such nonprofit
17corporations as may be necessary or suitable for the
18construction, financing, operation and maintenance and
19management of any such park; and may lease to any person, firm,
20partnership or corporation, either public or private, any part
21or all of the land, building, facilities, equipment or other
22property of such park for such purposes and upon such rentals,
23terms and conditions as the University may deem advisable; and
24may finance all or part of the cost of any such park, including
25the purchase, lease, construction, reconstruction,
26improvement, remodeling, addition to, and extension and

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1maintenance of all or part of such high technology park, and
2all equipment and furnishings, by legislative appropriations,
3government grants, contracts, private gifts, loans, receipts
4from the operation of such high technology park, rentals and
5similar receipts; and may make its other facilities and
6services available to tenants or other occupants of any such
7park at rates which are reasonable and appropriate.
8    The Board of Trustees may, directly or in cooperation with
9other members and partners of the collaborative research and
10academic initiative known as the Chicago Quantum Exchange,
11including, without limitation, other institutions of higher
12education, hereinafter each individually referred to as a "CQE
13partner", finance, design, construct, enlarge, improve, equip,
14complete, operate, control, and manage a facility or
15facilities for the research and development of quantum
16information sciences and technologies, hereinafter referred to
17as the "quantum science facilities". Notwithstanding any other
18provision of applicable law: (1) the quantum science
19facilities may be located on land owned by the Board of
20Trustees or a CQE partner; and (2) costs incurred in
21connection with the design, construction, enlargement,
22improvement, equipping, and completion of the quantum science
23facilities may be paid with funds appropriated to the Capital
24Development Board from the Build Illinois Bond Fund for a
25grant to the Board of Trustees for the quantum science
26facilities, whether the quantum science facilities are located

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1on land owned by the Board of Trustees or by a CQE partner;
2provided, however, that if any quantum science facilities are
3located on land owned by a CQE partner, the use of such grant
4funds shall be subject to, and contingent upon, the lease by
5the Board of Trustees, as lessee, of a portion of such quantum
6science facilities for a term equal to at least the useful life
7of such quantum science facilities. The leased premises under
8any such lease shall bear a reasonable relationship to the
9proportional share of the costs paid by such grant funds. Any
10such lease shall give the Board of Trustees the right to
11terminate the lease before the expiration of its term if the
12General Assembly fails to appropriate sufficient funds to pay
13rent due under the lease.
14    Notwithstanding any other provision of law, the Board of
15Trustees may sell, lease, or otherwise transfer and convey all
16or part of real estate deemed by the Board of Trustees to be
17surplus real estate, together with any improvements situated
18thereon, to a State agency, with or without an exchange of
19value, on such terms as the Board of Trustees shall determine
20are in the best interests of the University and consistent
21with that institution's objects and purposes. Any proceeds
22from the sale, lease, or other transfer of all or any part of
23real estate deemed surplus real estate, including any
24improvements situated thereon, are subject to the terms of
25subsection (c) of Section 7.8 of the State Property Control
26Act.    

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1    The Trustees shall have power (a) to purchase real
2property and easements, and (b) to acquire real property and
3easements in the manner provided by law for the exercise of the
4right of eminent domain, and in the event negotiations for the
5acquisition of real property or easements for making any
6improvement which the Trustees are authorized to make shall
7have proven unsuccessful and the Trustees shall have by
8resolution adopted a schedule or plan of operation for the
9execution of the project and therein made a finding that it is
10necessary to take such property or easements immediately or at
11some specified later date in order to comply with the
12schedule, the Trustees may acquire such property or easements
13in the same manner provided in Article 20 of the Eminent Domain
14Act (quick-take procedure).
15    The Board of Trustees also shall have power to agree with
16the State's Attorney of the county in which any properties of
17the Board are located to pay for services rendered by the
18various taxing districts for the years 1944 through 1949 and
19to pay annually for services rendered thereafter by such
20district such sums as may be determined by the Board upon
21properties used solely for income producing purposes, title to
22which is held by said Board of Trustees, upon properties
23leased to members of the staff of the University of Illinois,
24title to which is held in trust for said Board of Trustees and
25upon properties leased to for-profit entities the title to
26which properties is held by the Board of Trustees. A certified

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1copy of any such agreement made with the State's Attorney
2shall be filed with the County Clerk and such sums shall be
3distributed to the respective taxing districts by the County
4Collector in such proportions that each taxing district will
5receive therefrom such proportion as the tax rate of such
6taxing district bears to the total tax rate that would be
7levied against such properties if they were not exempt from
8taxation under the Property Tax Code.
9    The Board of Trustees of the University of Illinois,
10subject to the applicable civil service law, may appoint
11persons to be members of the University of Illinois Police
12Department. Members of the Police Department shall be peace
13officers and as such have all powers possessed by policemen in
14cities, and sheriffs, including the power to make arrests on
15view or warrants of violations of state statutes and city or
16county ordinances, except that they may exercise such powers
17only in counties wherein the University and any of its
18branches or properties are located when such is required for
19the protection of university properties and interests, and its
20students and personnel, and otherwise, within such counties,
21when requested by appropriate state or local law enforcement
22officials; provided, however, that such officer shall have no
23power to serve and execute civil processes.
24    The Board of Trustees must authorize to each member of the
25University of Illinois Police Department and to any other
26employee of the University of Illinois exercising the powers

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1of a peace officer a distinct badge that, on its face, (i)
2clearly states that the badge is authorized by the University
3of Illinois and (ii) contains a unique identifying number. No
4other badge shall be authorized by the University of Illinois.
5Nothing in this paragraph prohibits the Board of Trustees from
6issuing shields or other distinctive identification to
7employees not exercising the powers of a peace officer if the
8Board of Trustees determines that a shield or distinctive
9identification is needed by the employee to carry out his or
10her responsibilities.
11    The Board of Trustees may own, operate, or govern, by or
12through the College of Medicine at Peoria, a managed care
13community network established under subsection (b) of Section
145-11 of the Illinois Public Aid Code.
15    The powers of the trustees as herein designated are
16subject to the provisions of "An Act creating a Board of Higher
17Education, defining its powers and duties, making an
18appropriation therefor, and repealing an Act herein named",
19approved August 22, 1961, as amended.
20    The Board of Trustees shall have the authority to adopt
21all administrative rules which may be necessary for the
22effective administration, enforcement and regulation of all
23matters for which the Board has jurisdiction or
24responsibility.
25    (b) To assist in the provision of buildings and facilities
26beneficial to, useful for, or supportive of University

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1purposes, the Board of Trustees of the University of Illinois
2may exercise the following powers with regard to the area
3located on or adjacent to the University of Illinois at
4Chicago campus and bounded as follows: on the West by Morgan
5Street; on the North by Roosevelt Road; on the East by Union
6Street; and on the South by 16th Street, in the City of
7Chicago:    
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.
2Any buildings or facilities to be developed on the land shall
3be buildings or facilities that, in the determination of the
4Board of Trustees, in whole or in part: (i) are for use by the
5University; or (ii) otherwise advance the interests of the
6University, including, by way of example, residential
7facilities for University staff and students and commercial
8facilities which provide services needed by the University
9community. Revenues from the development fund account may be
10withdrawn by the University for the purpose of demolition and
11the processes associated with demolition; routine land and
12property acquisition; extension of utilities; streetscape
13work; landscape work; surface and structure parking;
14sidewalks, recreational paths, and street construction; and
15lease and lease purchase arrangements and the professional
16services associated with the planning and development of the
17area. Moneys from the development fund account used for any
18other purpose must be deposited into and appropriated from the
19General Revenue Fund. Buildings or facilities leased to an
20entity or person other than the University shall not be
21subject to any limitations applicable to a State supported
22college or university under any law. All development on the
23land and all use of any buildings or facilities shall be
24subject to the control and approval of the Board of Trustees.
25    (c) The Board of Trustees shall have the power to borrow
26money, as necessary, from time to time in anticipation of

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1receiving tuition, payments from the State of Illinois, or
2other revenues or receipts of the University, also known as
3anticipated moneys. The borrowing limit shall be capped at
4100% of the total amount of payroll and other expense vouchers
5submitted and payable to the University for fiscal year 2010
6expenses, but unpaid by the State Comptroller's office. Prior
7to borrowing any funds, the University shall request from the
8Comptroller's office a verification of the borrowing limit and
9shall include the estimated date on which such borrowing shall
10occur. The borrowing limit cap shall be verified by the State
11Comptroller's office not prior to 45 days before any estimated
12date for executing any promissory note or line of credit
13established under this subsection (c). The principal amount
14borrowed under a promissory note or line of credit shall not
15exceed 75% of the borrowing limit. Within 15 days after
16borrowing funds under any promissory note or line of credit
17established under this subsection (c), the University shall
18submit to the Governor's Office of Management and Budget, the
19Speaker of the House of Representatives, the Minority Leader
20of the House of Representatives, the President of the Senate,
21and the Minority Leader of the Senate an Emergency Short Term
22Cash Management Plan. The Emergency Short Term Cash Management
23Plan shall outline the amount borrowed, the terms for
24repayment, the amount of outstanding State vouchers as
25verified by the State Comptroller's office, and the
26University's plan for expenditure of any borrowed funds,

10400HB1075sam002- 247 -LRB104 03072 JDS 27129 a
1including, but not limited to, a detailed plan to meet payroll
2obligations to include collective bargaining employees, civil
3service employees, and academic, research, and health care
4personnel. The establishment of any promissory note or line of
5credit established under this subsection (c) must be finalized
6within 90 days after the effective date of this amendatory Act
7of the 96th General Assembly. The borrowed moneys shall be
8applied to the purposes of paying salaries and other expenses
9lawfully authorized in the University's State appropriation
10and unpaid by the State Comptroller. Any line of credit
11established under this subsection (c) shall be paid in full
12one year after creation or within 10 days after the date the
13University receives reimbursement from the State for all
14submitted fiscal year 2010 vouchers, whichever is earlier. Any
15promissory note established under this subsection (c) shall be
16repaid within one year after issuance of the note. The
17Chairman, Comptroller, or Treasurer of the Board shall execute
18a promissory note or similar debt instrument to evidence the
19indebtedness incurred by the borrowing. In connection with a
20borrowing, the Board may establish a line of credit with a
21financial institution, investment bank, or broker/dealer. The
22obligation to make the payments due under any promissory note
23or line of credit established under this subsection (c) shall
24be a lawful obligation of the University payable from the
25anticipated moneys. Any borrowing under this subsection (c)
26shall not constitute a debt, legal or moral, of the State and

10400HB1075sam002- 248 -LRB104 03072 JDS 27129 a
1shall not be enforceable against the State. The promissory
2note or line of credit shall be authorized by a resolution
3passed by the Board and shall be valid whether or not a
4budgeted item with respect to that resolution is included in
5any annual or supplemental budget adopted by the Board. The
6resolution shall set forth facts demonstrating the need for
7the borrowing, state an amount that the amount to be borrowed
8will not exceed, and establish a maximum interest rate limit
9not to exceed the maximum rate authorized by the Bond
10Authorization Act or 9%, whichever is less. The resolution may
11direct the Comptroller or Treasurer of the Board to make
12arrangements to set apart and hold the portion of the
13anticipated moneys, as received, that shall be used to repay
14the borrowing, subject to any prior pledges or restrictions
15with respect to the anticipated moneys. The resolution may
16also authorize the Treasurer of the Board to make partial
17repayments of the borrowing as the anticipated moneys become
18available and may contain any other terms, restrictions, or
19limitations not inconsistent with the powers of the Board.
20    For the purposes of this subsection (c), "financial
21institution" means any bank subject to the Illinois Banking
22Act, any savings and loan association subject to the Illinois
23Savings and Loan Act of 1985, and any federally chartered
24commercial bank or savings and loan association or
25government-sponsored enterprise organized and operated in this
26State pursuant to the laws of the United States.

10400HB1075sam002- 249 -LRB104 03072 JDS 27129 a
1(Source: P.A. 102-16, eff. 6-17-21.)
2
Article 10.
3    Section 10-5. The Illinois Administrative Procedure Act is
4amended 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
7Act. To provide for the expeditious and timely implementation
8of the changes made to Section 55-30 of the Substance Use
9Disorder Act by this amendatory Act of the 104th General
10Assembly, emergency rules implementing the changes made to
11that Section by this amendatory Act of the 104th General
12Assembly may be adopted in accordance with Section 5-45 by the
13Department of Human Services or any other agency essential to
14the implementation of the changes. The adoption of emergency
15rules authorized by Section 5-45 and this Section is deemed to
16be necessary for the public interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this Section.    
19    (5 ILCS 100/5-45.62 new)
20    Sec. 5-45.62. Emergency rulemaking; Illinois Public Aid
21Code. To provide for the expeditious and timely implementation
22of the changes made to the Illinois Public Aid Code by this

10400HB1075sam002- 250 -LRB104 03072 JDS 27129 a
1amendatory Act of the 104th General Assembly, emergency rules
2implementing the changes made to that Code by this amendatory
3Act of the 104th General Assembly may be adopted in accordance
4with Section 5-45 by the Department of Healthcare and Family
5Services or any other agency essential to the implementation
6of the changes. The adoption of emergency rules authorized by
7Section 5-45 and this Section is deemed to be necessary for the
8public interest, safety, and welfare.
9    This Section is repealed one year after the effective date
10of this Section.    
11    Section 10-10. The Mental Health and Developmental
12Disabilities Administrative Act is amended by changing Section
1374 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
17of Public Act 100-23), the Department shall increase rates and
18reimbursements to fund a minimum of a $0.75 per hour wage
19increase for frontline front-line personnel, including, but
20not limited to, direct support professionals, aides, frontline    
21front-line supervisors, qualified intellectual disabilities
22professionals, nurses, and non-administrative support staff
23working in community-based provider organizations serving
24individuals with developmental disabilities. The Department

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1shall adopt rules, including emergency rules under subsection
2(y) of Section 5-45 of the Illinois Administrative Procedure
3Act, to implement the provisions of this Section.
4    (b) Rates and reimbursements. Within 30 days after June 4,
52018 (the effective date of Public Act 100-587), the
6Department shall increase rates and reimbursements to fund a
7minimum of a $0.50 per hour wage increase for frontline    
8front-line personnel, including, but not limited to, direct
9support professionals, aides, frontline front-line    
10supervisors, qualified intellectual disabilities
11professionals, nurses, and non-administrative support staff
12working in community-based provider organizations serving
13individuals with developmental disabilities. The Department
14shall adopt rules, including emergency rules under subsection
15(bb) of Section 5-45 of the Illinois Administrative Procedure
16Act, to implement the provisions of this Section.
17    (c) Rates and reimbursements. Within 30 days after June 5,
182019 (the effective date of Public Act 101-10), subject to
19federal approval, the Department shall increase rates and
20reimbursements in effect on June 30, 2019 for community-based
21providers for persons with Developmental Disabilities by 3.5%
22The Department shall adopt rules, including emergency rules
23under subsection (jj) of Section 5-45 of the Illinois
24Administrative Procedure Act, to implement the provisions of
25this Section, including wage increases for direct care staff.
26    (d) For community-based providers serving persons with

10400HB1075sam002- 252 -LRB104 03072 JDS 27129 a
1intellectual/developmental disabilities, subject to federal
2approval of any relevant Waiver Amendment, the rates taking
3effect for services delivered on or after January 1, 2022,
4shall include an increase in the rate methodology sufficient
5to provide a $1.50 per hour wage increase for direct support
6professionals in residential settings and sufficient to
7provide wages for all residential non-executive direct care
8staff, excluding direct support professionals, at the federal
9Department of Labor, Bureau of Labor Statistics' average wage
10as defined in rule by the Department.
11    The establishment of and any changes to the rate
12methodologies for community-based services provided to persons
13with intellectual/developmental disabilities are subject to
14federal approval of any relevant Waiver Amendment and shall be
15defined in rule by the Department. The Department shall adopt
16rules, including emergency rules as authorized by Section 5-45
17of the Illinois Administrative Procedure Act, to implement the
18provisions of this subsection (d).
19    (e) For community-based providers serving persons with
20intellectual/developmental disabilities, subject to federal
21approval of any relevant Waiver Amendment, the rates taking
22effect for services delivered on or after January 1, 2023,
23shall include an increase in the rate methodology sufficient
24to provide a $1.00 per hour wage increase for all direct
25support professionals and all other frontline personnel who
26are not subject to the Bureau of Labor Statistics' average

10400HB1075sam002- 253 -LRB104 03072 JDS 27129 a
1wage increases, who work in residential and community day
2services settings, with at least $0.50 of those funds to be
3provided as a direct increase to base wages, with the
4remaining $0.50 to be used flexibly for base wage increases.
5In addition, the rates taking effect for services delivered on
6or after January 1, 2023 shall include an increase sufficient
7to provide wages for all residential non-executive direct care
8staff, excluding direct support professionals, at the federal
9Department of Labor, Bureau of Labor Statistics' average wage
10as defined in rule by the Department.
11    The establishment of and any changes to the rate
12methodologies for community-based services provided to persons
13with intellectual/developmental disabilities are subject to
14federal approval of any relevant Waiver Amendment and shall be
15defined in rule by the Department. The Department shall adopt
16rules, including emergency rules as authorized by Section 5-45
17of the Illinois Administrative Procedure Act, to implement the
18provisions of this subsection.
19    (f) For community-based providers serving persons with
20intellectual/developmental disabilities, subject to federal
21approval of any relevant Waiver Amendment, the rates taking
22effect for services delivered on or after January 1, 2024
23shall include an increase in the rate methodology sufficient
24to provide a $2.50 per hour wage increase for all direct
25support professionals and all other frontline personnel who
26are not subject to the Bureau of Labor Statistics' average

10400HB1075sam002- 254 -LRB104 03072 JDS 27129 a
1wage increases and who work in residential and community day
2services settings. At least $1.25 of the per hour wage
3increase shall be provided as a direct increase to base wages,
4and the remaining $1.25 of the per hour wage increase shall be
5used flexibly for base wage increases. In addition, the rates
6taking effect for services delivered on or after January 1,
72024 shall include an increase sufficient to provide wages for
8all residential non-executive direct care staff, excluding
9direct support professionals, at the federal Department of
10Labor, Bureau of Labor Statistics' average wage as defined in
11rule by the Department.
12    The establishment of and any changes to the rate
13methodologies for community-based services provided to persons
14with intellectual/developmental disabilities are subject to
15federal approval of any relevant Waiver Amendment and shall be
16defined in rule by the Department. The Department shall adopt
17rules, including emergency rules as authorized by Section 5-45
18of the Illinois Administrative Procedure Act, to implement the
19provisions of this subsection.
20    (g) For community-based providers serving persons with
21intellectual or developmental disabilities, subject to federal
22approval of any relevant Waiver Amendment, the rates taking
23effect for services delivered on or after January 1, 2025
24shall include an increase in the rate methodology sufficient
25to provide a $1 per hour wage rate increase for all direct
26support personnel and all other frontline personnel who are

10400HB1075sam002- 255 -LRB104 03072 JDS 27129 a
1not subject to the Bureau of Labor Statistics' average wage
2increases and who work in residential and community day
3services settings, with at least $0.75 of those funds to be
4provided as a direct increase to base wages and the remaining
5$0.25 to be used flexibly for base wage increases. These
6increases shall not be used by community-based providers for
7operational or administrative expenses. In addition, the rates
8taking effect for services delivered on or after January 1,
92025 shall include an increase sufficient to provide wages for
10all residential non-executive direct care staff, excluding
11direct support personnel, at the federal Department of Labor,
12Bureau of Labor Statistics' average wage as defined by rule by
13the Department. For services delivered on or after January 1,
142025, the rates shall include adjustments to
15employment-related expenses as defined by rule by the
16Department.
17    The establishment of and any changes to the rate
18methodologies for community-based services provided to persons
19with intellectual or developmental disabilities are subject to
20federal approval of any relevant Waiver Amendment and shall be
21defined in rule by the Department. The Department shall adopt
22rules, including emergency rules as authorized by Section 5-45
23of the Illinois Administrative Procedure Act, to implement the
24provisions of this subsection.
25    (h) For community-based providers serving persons with
26intellectual or developmental disabilities, subject to federal

10400HB1075sam002- 256 -LRB104 03072 JDS 27129 a
1approval of any relevant Waiver Amendment, the rates taking
2effect for services delivered on or after January 1, 2026
3shall include an increase in the rate methodology sufficient
4to provide a $0.80 per hour wage increase for all direct
5support personnel and all other frontline personnel who are
6not subject to the Bureau of Labor Statistics' average wage
7increases and who work in residential and community day
8services settings, with at least $0.60 of the per hour wage
9increase to be provided as a direct increase to base wages, and
10the remaining $0.20 of the per hour wage increase to be used
11flexibly for base wage increases. These increases shall not be
12used by community-based providers for operational or
13administrative expenses. In addition, the rates taking effect
14for services delivered on or after January 1, 2026 shall
15include an increase sufficient to provide wages for all
16residential non-executive direct care staff, excluding direct
17support personnel, at the federal Department of Labor, Bureau
18of Labor Statistics' average wage as defined in rule by the
19Department.    
20    The establishment of and any changes to the rate
21methodologies for community-based services provided to persons
22with intellectual or developmental disabilities are subject to
23federal approval of any relevant Waiver Amendment and shall be
24defined in rule by the Department. The Department shall adopt
25rules, including emergency rules as authorized by Section 5-45
26of the Illinois Administrative Procedure Act, to implement the

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1provisions of this subsection.    
2(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
3102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
46-30-23; 103-588, eff. 6-5-24.)
5    Section 10-15. The Illinois Public Aid Code is amended by
6changing 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
9and Family Services. The Department of Healthcare and Family
10Services shall develop standards of payment of nursing
11facility and ICF/DD services in facilities providing such
12services under this Article which:
13    (1) Provide for the determination of a facility's payment
14for nursing facility or ICF/DD services on a prospective
15basis. The amount of the payment rate for all nursing
16facilities certified by the Department of Public Health under
17the ID/DD Community Care Act or the Nursing Home Care Act as
18Intermediate Care for the Developmentally Disabled facilities,
19Long Term Care for Under Age 22 facilities, Skilled Nursing
20facilities, or Intermediate Care facilities under the medical
21assistance program shall be prospectively established annually
22on the basis of historical, financial, and statistical data
23reflecting actual costs from prior years, which shall be
24applied to the current rate year and updated for inflation,

10400HB1075sam002- 258 -LRB104 03072 JDS 27129 a
1except that the capital cost element for newly constructed
2facilities shall be based upon projected budgets. The annually
3established payment rate shall take effect on July 1 in 1984
4and subsequent years. No rate increase and no update for
5inflation shall be provided on or after July 1, 1994, unless
6specifically provided for in this Section. The changes made by
7Public Act 93-841 extending the duration of the prohibition
8against a rate increase or update for inflation are effective
9retroactive to July 1, 2004.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or Long Term Care for
13Under Age 22 facilities, the rates taking effect on July 1,
141998 shall include an increase of 3%. For facilities licensed
15by the Department of Public Health under the Nursing Home Care
16Act as Skilled Nursing facilities or Intermediate Care
17facilities, the rates taking effect on July 1, 1998 shall
18include an increase of 3% plus $1.10 per resident-day, as
19defined by the Department. For facilities licensed by the
20Department of Public Health under the Nursing Home Care Act as
21Intermediate Care Facilities for the Developmentally Disabled
22or Long Term Care for Under Age 22 facilities, the rates taking
23effect on January 1, 2006 shall include an increase of 3%. For
24facilities licensed by the Department of Public Health under
25the Nursing Home Care Act as Intermediate Care Facilities for
26the Developmentally Disabled or Long Term Care for Under Age

10400HB1075sam002- 259 -LRB104 03072 JDS 27129 a
122 facilities, the rates taking effect on January 1, 2009
2shall include an increase sufficient to provide a $0.50 per
3hour wage increase for non-executive staff. For facilities
4licensed by the Department of Public Health under the ID/DD
5Community Care Act as ID/DD Facilities the rates taking effect
6within 30 days after July 6, 2017 (the effective date of Public
7Act 100-23) shall include an increase sufficient to provide a
8$0.75 per hour wage increase for non-executive staff. The
9Department shall adopt rules, including emergency rules under
10subsection (y) of Section 5-45 of the Illinois Administrative
11Procedure Act, to implement the provisions of this paragraph.
12For facilities licensed by the Department of Public Health
13under the ID/DD Community Care Act as ID/DD Facilities and
14under the MC/DD Act as MC/DD Facilities, the rates taking
15effect within 30 days after June 5, 2019 (the effective date of
16Public Act 101-10) shall include an increase sufficient to
17provide a $0.50 per hour wage increase for non-executive
18frontline front-line personnel, including, but not limited to,
19direct support persons, aides, frontline front-line    
20supervisors, qualified intellectual disabilities
21professionals, nurses, and non-administrative support staff.
22The Department shall adopt rules, including emergency rules
23under subsection (bb) of Section 5-45 of the Illinois
24Administrative Procedure Act, to implement the provisions of
25this paragraph.
26    For facilities licensed by the Department of Public Health

10400HB1075sam002- 260 -LRB104 03072 JDS 27129 a
1under the Nursing Home Care Act as Intermediate Care for the
2Developmentally Disabled facilities or Long Term Care for
3Under Age 22 facilities, the rates taking effect on July 1,
41999 shall include an increase of 1.6% plus $3.00 per
5resident-day, as defined by the Department. For facilities
6licensed by the Department of Public Health under the Nursing
7Home Care Act as Skilled Nursing facilities or Intermediate
8Care facilities, the rates taking effect on July 1, 1999 shall
9include an increase of 1.6% and, for services provided on or
10after October 1, 1999, shall be increased by $4.00 per
11resident-day, as defined by the Department.
12    For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as Intermediate Care for the
14Developmentally Disabled facilities or Long Term Care for
15Under Age 22 facilities, the rates taking effect on July 1,
162000 shall include an increase of 2.5% per resident-day, as
17defined by the Department. For facilities licensed by the
18Department of Public Health under the Nursing Home Care Act as
19Skilled Nursing facilities or Intermediate Care facilities,
20the rates taking effect on July 1, 2000 shall include an
21increase of 2.5% per resident-day, as defined by the
22Department.
23    For facilities licensed by the Department of Public Health
24under the Nursing Home Care Act as skilled nursing facilities
25or intermediate care facilities, a new payment methodology
26must be implemented for the nursing component of the rate

10400HB1075sam002- 261 -LRB104 03072 JDS 27129 a
1effective July 1, 2003. The Department of Public Aid (now
2Healthcare and Family Services) shall develop the new payment
3methodology using the Minimum Data Set (MDS) as the instrument
4to collect information concerning nursing home resident
5condition necessary to compute the rate. The Department shall
6develop the new payment methodology to meet the unique needs
7of Illinois nursing home residents while remaining subject to
8the appropriations provided by the General Assembly. A
9transition period from the payment methodology in effect on
10June 30, 2003 to the payment methodology in effect on July 1,
112003 shall be provided for a period not exceeding 3 years and
12184 days after implementation of the new payment methodology
13as 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

10400HB1075sam002- 262 -LRB104 03072 JDS 27129 a
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
10under the Nursing Home Care Act as Intermediate Care for the
11Developmentally Disabled facilities or Long Term Care for
12Under Age 22 facilities, the rates taking effect on March 1,
132001 shall include a statewide increase of 7.85%, as defined
14by the Department.
15    Notwithstanding any other provision of this Section, for
16facilities licensed by the Department of Public Health under
17the Nursing Home Care Act as skilled nursing facilities or
18intermediate care facilities, except facilities participating
19in the Department's demonstration program pursuant to the
20provisions of Title 77, Part 300, Subpart T of the Illinois
21Administrative Code, the numerator of the ratio used by the
22Department of Healthcare and Family Services to compute the
23rate payable under this Section using the Minimum Data Set
24(MDS) methodology shall incorporate the following annual
25amounts as the additional funds appropriated to the Department
26specifically to pay for rates based on the MDS nursing

10400HB1075sam002- 263 -LRB104 03072 JDS 27129 a
1component methodology in excess of the funding in effect on
2December 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
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as skilled nursing facilities or
24intermediate care facilities, the support component of the
25rates taking effect on January 1, 2008 shall be computed using
26the most recent cost reports on file with the Department of

10400HB1075sam002- 264 -LRB104 03072 JDS 27129 a
1Healthcare and Family Services no later than April 1, 2005,
2updated for inflation to January 1, 2006.
3    For facilities licensed by the Department of Public Health
4under the Nursing Home Care Act as Intermediate Care for the
5Developmentally Disabled facilities or Long Term Care for
6Under Age 22 facilities, the rates taking effect on April 1,
72002 shall include a statewide increase of 2.0%, as defined by
8the Department. This increase terminates on July 1, 2002;
9beginning July 1, 2002 these rates are reduced to the level of
10the rates in effect on March 31, 2002, as defined by the
11Department.
12    For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as skilled nursing facilities
14or intermediate care facilities, the rates taking effect on
15July 1, 2001 shall be computed using the most recent cost
16reports on file with the Department of Public Aid no later than
17April 1, 2000, updated for inflation to January 1, 2001. For
18rates effective July 1, 2001 only, rates shall be the greater
19of the rate computed for July 1, 2001 or the rate effective on
20June 30, 2001.
21    Notwithstanding any other provision of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as skilled nursing facilities or
24intermediate care facilities, the Illinois Department shall
25determine by rule the rates taking effect on July 1, 2002,
26which shall be 5.9% less than the rates in effect on June 30,

10400HB1075sam002- 265 -LRB104 03072 JDS 27129 a
12002.
2    Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, if the payment methodologies
6required under Section 5A-12 and the waiver granted under 42
7CFR 433.68 are approved by the United States Centers for
8Medicare and Medicaid Services, the rates taking effect on
9July 1, 2004 shall be 3.0% greater than the rates in effect on
10June 30, 2004. These rates shall take effect only upon
11approval and implementation of the payment methodologies
12required under Section 5A-12.
13    Notwithstanding any other provisions of this Section, for
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as skilled nursing facilities or
16intermediate care facilities, the rates taking effect on
17January 1, 2005 shall be 3% more than the rates in effect on
18December 31, 2004.
19    Notwithstanding any other provision of this Section, for
20facilities licensed by the Department of Public Health under
21the Nursing Home Care Act as skilled nursing facilities or
22intermediate care facilities, effective January 1, 2009, the
23per diem support component of the rates effective on January
241, 2008, computed using the most recent cost reports on file
25with the Department of Healthcare and Family Services no later
26than April 1, 2005, updated for inflation to January 1, 2006,

10400HB1075sam002- 266 -LRB104 03072 JDS 27129 a
1shall be increased to the amount that would have been derived
2using standard Department of Healthcare and Family Services
3methods, procedures, and inflators.
4    Notwithstanding any other provisions of this Section, for
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as intermediate care facilities that
7are federally defined as Institutions for Mental Disease, or
8facilities licensed by the Department of Public Health under
9the Specialized Mental Health Rehabilitation Act of 2013, a
10socio-development component rate equal to 6.6% of the
11facility's nursing component rate as of January 1, 2006 shall
12be established and paid effective July 1, 2006. The
13socio-development component of the rate shall be increased by
14a factor of 2.53 on the first day of the month that begins at
15least 45 days after January 11, 2008 (the effective date of
16Public Act 95-707). As of August 1, 2008, the
17socio-development component rate shall be equal to 6.6% of the
18facility's nursing component rate as of January 1, 2006,
19multiplied by a factor of 3.53. For services provided on or
20after April 1, 2011, or the first day of the month that begins
21at least 45 days after February 16, 2011 (the effective date of
22Public Act 96-1530), whichever is later, the Illinois
23Department may by rule adjust these socio-development
24component rates, and may use different adjustment
25methodologies for those facilities participating, and those
26not participating, in the Illinois Department's demonstration

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1program pursuant to the provisions of Title 77, Part 300,
2Subpart T of the Illinois Administrative Code, but in no case
3may such rates be diminished below those in effect on August 1,
42008.
5    For facilities licensed by the Department of Public Health
6under the Nursing Home Care Act as Intermediate Care for the
7Developmentally Disabled facilities or as long-term care
8facilities for residents under 22 years of age, the rates
9taking effect on July 1, 2003 shall include a statewide
10increase of 4%, as defined by the Department.
11    For facilities licensed by the Department of Public Health
12under the Nursing Home Care Act as Intermediate Care for the
13Developmentally Disabled facilities or Long Term Care for
14Under Age 22 facilities, the rates taking effect on the first
15day of the month that begins at least 45 days after January 11,
162008 (the effective date of Public Act 95-707) shall include a
17statewide increase of 2.5%, as defined by the Department.
18    Notwithstanding any other provision of this Section, for
19facilities licensed by the Department of Public Health under
20the Nursing Home Care Act as skilled nursing facilities or
21intermediate care facilities, effective January 1, 2005,
22facility rates shall be increased by the difference between
23(i) a facility's per diem property, liability, and malpractice
24insurance costs as reported in the cost report filed with the
25Department of Public Aid and used to establish rates effective
26July 1, 2001 and (ii) those same costs as reported in the

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1facility's 2002 cost report. These costs shall be passed
2through to the facility without caps or limitations, except
3for adjustments required under normal auditing procedures.
4    Rates established effective each July 1 shall govern
5payment for services rendered throughout that fiscal year,
6except that rates established on July 1, 1996 shall be
7increased by 6.8% for services provided on or after January 1,
81997. Such rates will be based upon the rates calculated for
9the year beginning July 1, 1990, and for subsequent years
10thereafter until June 30, 2001 shall be based on the facility
11cost reports for the facility fiscal year ending at any point
12in time during the previous calendar year, updated to the
13midpoint of the rate year. The cost report shall be on file
14with the Department no later than April 1 of the current rate
15year. Should the cost report not be on file by April 1, the
16Department shall base the rate on the latest cost report filed
17by each skilled care facility and intermediate care facility,
18updated to the midpoint of the current rate year. In
19determining rates for services rendered on and after July 1,
201985, fixed time shall not be computed at less than zero. The
21Department shall not make any alterations of regulations which
22would reduce any component of the Medicaid rate to a level
23below what that component would have been utilizing in the
24rate effective on July 1, 1984.
25    (2) Shall take into account the actual costs incurred by
26facilities in providing services for recipients of skilled

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1nursing and intermediate care services under the medical
2assistance program.
3    (3) Shall take into account the medical and psycho-social
4characteristics and needs of the patients.
5    (4) Shall take into account the actual costs incurred by
6facilities in meeting licensing and certification standards
7imposed and prescribed by the State of Illinois, any of its
8political subdivisions or municipalities and by the U.S.
9Department of Health and Human Services pursuant to Title XIX
10of the Social Security Act.
11    The Department of Healthcare and Family Services shall
12develop precise standards for payments to reimburse nursing
13facilities for any utilization of appropriate rehabilitative
14personnel for the provision of rehabilitative services which
15is authorized by federal regulations, including reimbursement
16for services provided by qualified therapists or qualified
17assistants, and which is in accordance with accepted
18professional practices. Reimbursement also may be made for
19utilization of other supportive personnel under appropriate
20supervision.
21    The Department shall develop enhanced payments to offset
22the additional costs incurred by a facility serving
23exceptional need residents and shall allocate at least
24$4,000,000 of the funds collected from the assessment
25established by Section 5B-2 of this Code for such payments.
26For the purpose of this Section, "exceptional needs" means,

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1but need not be limited to, ventilator care and traumatic
2brain injury care. The enhanced payments for exceptional need
3residents under this paragraph are not due and payable,
4however, until (i) the methodologies described in this
5paragraph are approved by the federal government in an
6appropriate State Plan amendment and (ii) the assessment
7imposed by Section 5B-2 of this Code is determined to be a
8permissible tax under Title XIX of the Social Security Act.
9    Beginning January 1, 2014 the methodologies for
10reimbursement of nursing facility services as provided under
11this Section 5-5.4 shall no longer be applicable for services
12provided on or after January 1, 2014.
13    No payment increase under this Section for the MDS
14methodology, exceptional care residents, or the
15socio-development component rate established by Public Act
1696-1530 of the 96th General Assembly and funded by the
17assessment imposed under Section 5B-2 of this Code shall be
18due and payable until after the Department notifies the
19long-term care providers, in writing, that the payment
20methodologies to long-term care providers required under this
21Section have been approved by the Centers for Medicare and
22Medicaid Services of the U.S. Department of Health and Human
23Services and the waivers under 42 CFR 433.68 for the
24assessment imposed by this Section, if necessary, have been
25granted by the Centers for Medicare and Medicaid Services of
26the U.S. Department of Health and Human Services. Upon

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1notification to the Department of approval of the payment
2methodologies required under this Section and the waivers
3granted under 42 CFR 433.68, all increased payments otherwise
4due under this Section prior to the date of notification shall
5be due and payable within 90 days of the date federal approval
6is received.
7    On and after July 1, 2012, the Department shall reduce any
8rate of reimbursement for services or other payments or alter
9any methodologies authorized by this Code to reduce any rate
10of reimbursement for services or other payments in accordance
11with Section 5-5e.
12    For facilities licensed by the Department of Public Health
13under the ID/DD Community Care Act as ID/DD Facilities and
14under the MC/DD Act as MC/DD Facilities, subject to federal
15approval, the rates taking effect for services delivered on or
16after August 1, 2019 shall be increased by 3.5% over the rates
17in effect on June 30, 2019. The Department shall adopt rules,
18including emergency rules under subsection (ii) of Section
195-45 of the Illinois Administrative Procedure Act, to
20implement the provisions of this Section, including wage
21increases for direct care staff.
22    For facilities licensed by the Department of Public Health
23under the ID/DD Community Care Act as ID/DD Facilities and
24under the MC/DD Act as MC/DD Facilities, subject to federal
25approval, the rates taking effect on the latter of the
26approval date of the State Plan Amendment for these facilities

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1or the Waiver Amendment for the home and community-based
2services settings shall include an increase sufficient to
3provide a $0.26 per hour wage increase to the base wage for
4non-executive staff. The Department shall adopt rules,
5including emergency rules as authorized by Section 5-45 of the
6Illinois Administrative Procedure Act, to implement the
7provisions of this Section, including wage increases for
8direct care staff.
9    For facilities licensed by the Department of Public Health
10under the ID/DD Community Care Act as ID/DD Facilities and
11under the MC/DD Act as MC/DD Facilities, subject to federal
12approval of the State Plan Amendment and the Waiver Amendment
13for the home and community-based services settings, the rates
14taking effect for the services delivered on or after July 1,
152020 shall include an increase sufficient to provide a $1.00
16per hour wage increase for non-executive staff. For services
17delivered on or after January 1, 2021, subject to federal
18approval of the State Plan Amendment and the Waiver Amendment
19for the home and community-based services settings, shall
20include an increase sufficient to provide a $0.50 per hour
21increase for non-executive staff. The Department shall adopt
22rules, including emergency rules as authorized by Section 5-45
23of the Illinois Administrative Procedure Act, to implement the
24provisions of this Section, including wage increases for
25direct care staff.
26    For facilities licensed by the Department of Public Health

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1under the ID/DD Community Care Act as ID/DD Facilities and
2under the MC/DD Act as MC/DD Facilities, subject to federal
3approval of the State Plan Amendment, the rates taking effect
4for the residential services delivered on or after July 1,
52021, shall include an increase sufficient to provide a $0.50
6per hour increase for aides in the rate methodology. For
7facilities licensed by the Department of Public Health under
8the ID/DD Community Care Act as ID/DD Facilities and under the
9MC/DD Act as MC/DD Facilities, subject to federal approval of
10the State Plan Amendment, the rates taking effect for the
11residential services delivered on or after January 1, 2022
12shall include an increase sufficient to provide a $1.00 per
13hour increase for aides in the rate methodology. In addition,
14for residential services delivered on or after January 1, 2022
15such rates shall include an increase sufficient to provide
16wages for all residential non-executive direct care staff,
17excluding aides, at the federal Department of Labor, Bureau of
18Labor Statistics' average wage as defined in rule by the
19Department. The Department shall adopt rules, including
20emergency rules as authorized by Section 5-45 of the Illinois
21Administrative Procedure Act, to implement the provisions of
22this Section.
23    For facilities licensed by the Department of Public Health
24under the ID/DD Community Care Act as ID/DD facilities and
25under the MC/DD Act as MC/DD facilities, subject to federal
26approval of the State Plan Amendment, the rates taking effect

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1for services delivered on or after January 1, 2023, shall
2include a $1.00 per hour wage increase for all direct support
3personnel and all other frontline personnel who are not
4subject to the Bureau of Labor Statistics' average wage
5increases, who work in residential and community day services
6settings, with at least $0.50 of those funds to be provided as
7a direct increase to all aide base wages, with the remaining
8$0.50 to be used flexibly for base wage increases to the rate
9methodology for aides. In addition, for residential services
10delivered on or after January 1, 2023 the rates shall include
11an increase sufficient to provide wages for all residential
12non-executive direct care staff, excluding aides, at the
13federal Department of Labor, Bureau of Labor Statistics'
14average wage as determined by the Department. Also, for
15services delivered on or after January 1, 2023, the rates will
16include adjustments to employment-related expenses as defined
17in rule by the Department. The Department shall adopt rules,
18including emergency rules as authorized by Section 5-45 of the
19Illinois Administrative Procedure Act, to implement the
20provisions of this Section.
21    For facilities licensed by the Department of Public Health
22under the ID/DD Community Care Act as ID/DD facilities and
23under the MC/DD Act as MC/DD facilities, subject to federal
24approval of the State Plan Amendment, the rates taking effect
25for services delivered on or after January 1, 2024 shall
26include a $2.50 per hour wage increase for all direct support

10400HB1075sam002- 275 -LRB104 03072 JDS 27129 a
1personnel and all other frontline personnel who are not
2subject to the Bureau of Labor Statistics' average wage
3increases and who work in residential and community day
4services settings. At least $1.25 of the per hour wage
5increase shall be provided as a direct increase to all aide
6base wages, and the remaining $1.25 of the per hour wage
7increase shall be used flexibly for base wage increases to the
8rate methodology for aides. In addition, for residential
9services delivered on or after January 1, 2024, the rates
10shall include an increase sufficient to provide wages for all
11residential non-executive direct care staff, excluding aides,
12at the federal Department of Labor, Bureau of Labor
13Statistics' average wage as determined by the Department.
14Also, for services delivered on or after January 1, 2024, the
15rates will include adjustments to employment-related expenses
16as defined in rule by the Department. The Department shall
17adopt rules, including emergency rules as authorized by
18Section 5-45 of the Illinois Administrative Procedure Act, to
19implement the provisions of this Section.
20    For facilities licensed by the Department of Public Health
21under the ID/DD Community Care Act as ID/DD facilities and
22under the MC/DD Act as MC/DD facilities, subject to federal
23approval of a State Plan Amendment, the rates taking effect
24for services delivered on or after January 1, 2025 shall
25include a $1.00 per hour wage increase for all direct support
26personnel and all other frontline personnel who are not

10400HB1075sam002- 276 -LRB104 03072 JDS 27129 a
1subject to the Bureau of Labor Statistics' average wage
2increases and who work in residential and community day
3services settings, with at least $0.75 of those funds to be
4provided as a direct increase to all aide base wages and the
5remaining $0.25 to be used flexibly for base wage increases to
6the rate methodology for aides. These increases shall not be
7used by facilities for operational and administrative
8expenses. In addition, for residential services delivered on
9or after January 1, 2025, the rates shall include an increase
10sufficient to provide wages for all residential non-executive
11direct care staff, excluding aides, at the federal Department
12of Labor, Bureau of Labor Statistics' average wage as
13determined by the Department. Also, for services delivered on
14or after January 1, 2025, the rates will include adjustments
15to employment-related expenses as defined in rule by the
16Department. The Department shall adopt rules, including
17emergency rules as authorized by Section 5-45 of the Illinois
18Administrative Procedure Act, to implement the provisions of
19this Section.
20    For facilities licensed by the Department of Public Health
21under the ID/DD Community Care Act as ID/DD facilities and
22under the MC/DD Act as MC/DD facilities, subject to federal
23approval of a State Plan Amendment, the rates taking effect
24for services delivered on or after January 1, 2026 shall
25include a $0.80 per hour wage increase for all direct support
26personnel and all other frontline personnel who are not

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1subject to the Bureau of Labor Statistics' average wage
2increases and who work in residential and community day
3services settings, with at least $0.60 of those funds to be
4provided as a direct increase to all aide base wages and the
5remaining $0.20 to be used flexibly for base wage increases to
6the rate methodology for aides. These increases shall not be
7used by facilities for operational and administrative
8expenses. In addition, for residential services delivered on
9or after January 1, 2026, the rates shall include an increase
10sufficient to provide wages for all residential non-executive
11direct care staff, excluding aides, at the federal Department
12of Labor, Bureau of Labor Statistics' average wage as
13determined by the Department. Also, for services delivered on
14or after January 1, 2026, the rates will include adjustments
15to employment-related expenses as defined in rule by the
16Department. The Department shall adopt rules, including
17emergency rules as authorized by Section 5-45 of the Illinois
18Administrative Procedure Act, to implement the provisions of
19this Section.    
20    Notwithstanding any other provision of this Section to the
21contrary, any regional wage adjuster for facilities located
22outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
23and Will shall be no lower than 1.00, and any regional wage
24adjuster for facilities located within the counties of Cook,
25DuPage, Kane, Lake, McHenry, and Will shall be no lower than
261.15.

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1(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
2103-8, eff. 6-7-23; 103-588, eff. 7-1-24.)
3    Section 10-20. The Illinois Act on the Aging is amended by
4changing Section 4.02 as follows:
5    (20 ILCS 105/4.02)
6    Sec. 4.02. Community Care Program. The Department shall
7establish a program of services to prevent unnecessary
8institutionalization of persons age 60 and older in need of
9long term care or who are established as persons who suffer
10from Alzheimer's disease or a related disorder under the
11Alzheimer's Disease Assistance Act, thereby enabling them to
12remain in their own homes or in other living arrangements.
13Such preventive services, which may be coordinated with other
14programs for the aged, may include, but are not limited to, any
15or 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
11such services. In determining the amount and nature of
12services for which a person may qualify, consideration shall
13not be given to the value of cash, property, or other assets
14held in the name of the person's spouse pursuant to a written
15agreement dividing marital property into equal but separate
16shares or pursuant to a transfer of the person's interest in a
17home to his spouse, provided that the spouse's share of the
18marital property is not made available to the person seeking
19such services.
20    The Department shall require as a condition of eligibility
21that all new financially eligible applicants apply for and
22enroll in medical assistance under Article V of the Illinois
23Public Aid Code in accordance with rules promulgated by the
24Department.
25    The Department shall, in conjunction with the Department
26of Public Aid (now Department of Healthcare and Family

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1Services), seek appropriate amendments under Sections 1915 and
21924 of the Social Security Act. The purpose of the amendments
3shall be to extend eligibility for home and community based
4services under Sections 1915 and 1924 of the Social Security
5Act to persons who transfer to or for the benefit of a spouse
6those amounts of income and resources allowed under Section
71924 of the Social Security Act. Subject to the approval of
8such amendments, the Department shall extend the provisions of
9Section 5-4 of the Illinois Public Aid Code to persons who, but
10for the provision of home or community-based services, would
11require the level of care provided in an institution, as is
12provided for in federal law. Those persons no longer found to
13be eligible for receiving noninstitutional services due to
14changes in the eligibility criteria shall be given 45 days
15notice prior to actual termination. Those persons receiving
16notice of termination may contact the Department and request
17the determination be appealed at any time during the 45 day
18notice period. The target population identified for the
19purposes of this Section are persons age 60 and older with an
20identified service need. Priority shall be given to those who
21are at imminent risk of institutionalization. The services
22shall be provided to eligible persons age 60 and older to the
23extent that the cost of the services together with the other
24personal maintenance expenses of the persons are reasonably
25related to the standards established for care in a group
26facility appropriate to the person's condition. These

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1noninstitutional non-institutional services, pilot projects,
2or experimental facilities may be provided as part of or in
3addition to those authorized by federal law or those funded
4and administered by the Department of Human Services. The
5Departments of Human Services, Healthcare and Family Services,
6Public Health, Veterans' Affairs, and Commerce and Economic
7Opportunity and other appropriate agencies of State, federal,
8and local governments shall cooperate with the Department on
9Aging in the establishment and development of the
10noninstitutional non-institutional services. The Department
11shall require an annual audit from all personal assistant and
12home care aide vendors contracting with the Department under
13this Section. The annual audit shall assure that each audited
14vendor's procedures are in compliance with Department's
15financial reporting guidelines requiring an administrative and
16employee wage and benefits cost split as defined in
17administrative rules. The audit is a public record under the
18Freedom of Information Act. The Department shall execute,
19relative to the nursing home prescreening project, written
20inter-agency agreements with the Department of Human Services
21and the Department of Healthcare and Family Services, to
22effect the following: (1) intake procedures and common
23eligibility criteria for those persons who are receiving
24noninstitutional non-institutional services; and (2) the
25establishment and development of noninstitutional    
26non-institutional services in areas of the State where they

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1are not currently available or are undeveloped. On and after
2July 1, 1996, all nursing home prescreenings for individuals
360 years of age or older shall be conducted by the Department.
4    As part of the Department on Aging's routine training of
5case managers and case manager supervisors, the Department may
6include information on family futures planning for persons who
7are age 60 or older and who are caregivers of their adult
8children with developmental disabilities. The content of the
9training shall be at the Department's discretion.
10    The Department is authorized to establish a system of
11recipient copayment for services provided under this Section,
12such copayment to be based upon the recipient's ability to pay
13but in no case to exceed the actual cost of the services
14provided. Additionally, any portion of a person's income which
15is equal to or less than the federal poverty standard shall not
16be considered by the Department in determining the copayment.
17The level of such copayment shall be adjusted whenever
18necessary to reflect any change in the officially designated
19federal poverty standard.
20    The Department, or the Department's authorized
21representative, may recover the amount of moneys expended for
22services provided to or in behalf of a person under this
23Section by a claim against the person's estate or against the
24estate of the person's surviving spouse, but no recovery may
25be had until after the death of the surviving spouse, if any,
26and then only at such time when there is no surviving child who

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1is under age 21 or blind or who has a permanent and total
2disability. This paragraph, however, shall not bar recovery,
3at the death of the person, of moneys for services provided to
4the person or in behalf of the person under this Section to
5which the person was not entitled; provided that such recovery
6shall not be enforced against any real estate while it is
7occupied as a homestead by the surviving spouse or other
8dependent, if no claims by other creditors have been filed
9against the estate, or, if such claims have been filed, they
10remain dormant for failure of prosecution or failure of the
11claimant to compel administration of the estate for the
12purpose of payment. This paragraph shall not bar recovery from
13the estate of a spouse, under Sections 1915 and 1924 of the
14Social Security Act and Section 5-4 of the Illinois Public Aid
15Code, who precedes a person receiving services under this
16Section in death. All moneys for services paid to or in behalf
17of the person under this Section shall be claimed for recovery
18from the deceased spouse's estate. "Homestead", as used in
19this paragraph, means the dwelling house and contiguous real
20estate occupied by a surviving spouse or relative, as defined
21by the rules and regulations of the Department of Healthcare
22and Family Services, regardless of the value of the property.
23    The Department shall increase the effectiveness of the
24existing 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
2Counseling Demonstration Project as is practicable, the
3Department may, based on its evaluation of the demonstration
4project, promulgate rules concerning personal assistant
5services, to include, but need not be limited to,
6qualifications, employment screening, rights under fair labor
7standards, training, fiduciary agent, and supervision
8requirements. All applicants shall be subject to the
9provisions of the Health Care Worker Background Check Act.
10    The Department shall develop procedures to enhance
11availability of services on evenings, weekends, and on an
12emergency basis to meet the respite needs of caregivers.
13Procedures shall be developed to permit the utilization of
14services in successive blocks of 24 hours up to the monthly
15maximum established by the Department. Workers providing these
16services shall be appropriately trained.
17    No September 23, 1991 (Public Act 87-729) person may
18perform chore/housekeeping and home care aide services under a
19program authorized by this Section unless that person has been
20issued a certificate of pre-service to do so by his or her
21employing agency. Information gathered to effect such
22certification shall include (i) the person's name, (ii) the
23date the person was hired by his or her current employer, and
24(iii) the training, including dates and levels. Persons
25engaged in the program authorized by this Section before the
26effective date of this amendatory Act of 1991 shall be issued a

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1certificate of all pre-service and in-service training from
2his or her employer upon submitting the necessary information.
3The employing agency shall be required to retain records of
4all staff pre-service and in-service training, and shall
5provide such records to the Department upon request and upon
6termination of the employer's contract with the Department. In
7addition, the employing agency is responsible for the issuance
8of certifications of in-service training completed to their
9employees.
10    The Department is required to develop a system to ensure
11that persons working as home care aides and personal
12assistants receive increases in their wages when the federal
13minimum wage is increased by requiring vendors to certify that
14they are meeting the federal minimum wage statute for home
15care aides and personal assistants. An employer that cannot
16ensure that the minimum wage increase is being given to home
17care aides and personal assistants shall be denied any
18increase in reimbursement costs.
19    The Community Care Program Advisory Committee is created
20in the Department on Aging. The Director shall appoint
21individuals to serve in the Committee, who shall serve at
22their own expense. Members of the Committee must abide by all
23applicable ethics laws. The Committee shall advise the
24Department on issues related to the Department's program of
25services to prevent unnecessary institutionalization. The
26Committee shall meet on a bi-monthly basis and shall serve to

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1identify and advise the Department on present and potential
2issues affecting the service delivery network, the program's
3clients, and the Department and to recommend solution
4strategies. Persons appointed to the Committee shall be
5appointed on, but not limited to, their own and their agency's
6experience with the program, geographic representation, and
7willingness to serve. The Director shall appoint members to
8the Committee to represent provider, advocacy, policy
9research, and other constituencies committed to the delivery
10of high quality home and community-based services to older
11adults. Representatives shall be appointed to ensure
12representation from community care providers, including, but
13not limited to, adult day service providers, homemaker
14providers, case coordination and case management units,
15emergency home response providers, statewide trade or labor
16unions that represent home care aides and direct care staff,
17area agencies on aging, adults over age 60, membership
18organizations representing older adults, and other
19organizational entities, providers of care, or individuals
20with demonstrated interest and expertise in the field of home
21and community care as determined by the Director.
22    Nominations may be presented from any agency or State
23association with interest in the program. The Director, or his
24or her designee, shall serve as the permanent co-chair of the
25advisory committee. One other co-chair shall be nominated and
26approved by the members of the committee on an annual basis.

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1Committee members' terms of appointment shall be for 4 years
2with one-quarter of the appointees' terms expiring each year.
3A member shall continue to serve until his or her replacement
4is named. The Department shall fill vacancies that have a
5remaining term of over one year, and this replacement shall
6occur through the annual replacement of expiring terms. The
7Director shall designate Department staff to provide technical
8assistance and staff support to the committee. Department
9representation shall not constitute membership of the
10committee. All Committee papers, issues, recommendations,
11reports, and meeting memoranda are advisory only. The
12Director, or his or her designee, shall make a written report,
13as requested by the Committee, regarding issues before the
14Committee.
15    The Department on Aging and the Department of Human
16Services shall cooperate in the development and submission of
17an annual report on programs and services provided under this
18Section. Such joint report shall be filed with the Governor
19and the General Assembly on or before March 31 of the following
20fiscal year.
21    The requirement for reporting to the General Assembly
22shall be satisfied by filing copies of the report as required
23by Section 3.1 of the General Assembly Organization Act and
24filing such additional copies with the State Government Report
25Distribution Center for the General Assembly as is required
26under paragraph (t) of Section 7 of the State Library Act.

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1    Those persons previously found eligible for receiving
2noninstitutional non-institutional services whose services
3were discontinued under the Emergency Budget Act of Fiscal
4Year 1992, and who do not meet the eligibility standards in
5effect on or after July 1, 1992, shall remain ineligible on and
6after July 1, 1992. Those persons previously not required to
7cost-share and who were required to cost-share effective March
81, 1992, shall continue to meet cost-share requirements on and
9after July 1, 1992. Beginning July 1, 1992, all clients will be
10required to meet eligibility, cost-share, and other
11requirements and will have services discontinued or altered
12when they fail to meet these requirements.
13    For the purposes of this Section, "flexible senior
14services" refers to services that require one-time or periodic
15expenditures, including, but not limited to, respite care,
16home modification, assistive technology, housing assistance,
17and transportation.
18    The Department shall implement an electronic service
19verification based on global positioning systems or other
20cost-effective technology for the Community Care Program no
21later than January 1, 2014.
22    The Department shall require, as a condition of
23eligibility, application for the medical assistance program
24under Article V of the Illinois Public Aid Code.
25    The Department may authorize Community Care Program
26services until an applicant is determined eligible for medical

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1assistance under Article V of the Illinois Public Aid Code.
2    The Department shall continue to provide Community Care
3Program reports as required by statute, which shall include an
4annual report on Care Coordination Unit performance and
5adherence to service guidelines and a 6-month supplemental
6report.
7    In regard to community care providers, failure to comply
8with Department on Aging policies shall be cause for
9disciplinary action, including, but not limited to,
10disqualification from serving Community Care Program clients.
11Each provider, upon submission of any bill or invoice to the
12Department for payment for services rendered, shall include a
13notarized statement, under penalty of perjury pursuant to
14Section 1-109 of the Code of Civil Procedure, that the
15provider has complied with all Department policies.
16    The Director of the Department on Aging shall make
17information available to the State Board of Elections as may
18be required by an agreement the State Board of Elections has
19entered into with a multi-state voter registration list
20maintenance system.
21    The Department shall pay an enhanced rate of at least
22$1.77 per unit under the Community Care Program to those
23in-home service provider agencies that offer health insurance
24coverage as a benefit to their direct service worker employees
25pursuant to rules adopted by the Department. The Department
26shall review the enhanced rate as part of its process to rebase

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1in-home service provider reimbursement rates pursuant to
2federal waiver requirements. Subject to federal approval,
3beginning on January 1, 2024, rates for adult day services
4shall be increased to $16.84 per hour and rates for each way
5transportation services for adult day services shall be
6increased to $12.44 per unit transportation.
7    Subject to federal approval, on and after January 1, 2024,
8rates for homemaker services shall be increased to $28.07 to
9sustain a minimum wage of $17 per hour for direct service
10workers. Rates in subsequent State fiscal years shall be no
11lower than the rates put into effect upon federal approval.
12Providers of in-home services shall be required to certify to
13the Department that they remain in compliance with the
14mandated wage increase for direct service workers. Fringe
15benefits, including, but not limited to, paid time off and
16payment for training, health insurance, travel, or
17transportation, shall not be reduced in relation to the rate
18increases described in this paragraph.
19    Subject to and upon federal approval, on and after January
201, 2025, rates for homemaker services shall be increased to
21$29.63 to sustain a minimum wage of $18 per hour for direct
22service workers. Rates in subsequent State fiscal years shall
23be no lower than the rates put into effect upon federal
24approval. Providers of in-home services shall be required to
25certify to the Department that they remain in compliance with
26the mandated wage increase for direct service workers. Fringe

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1benefits, including, but not limited to, paid time off and
2payment for training, health insurance, travel, or
3transportation, shall not be reduced in relation to the rate
4increases described in this paragraph.
5    Subject to and upon federal approval, on and after January
61, 2026, rates for homemaker services shall be increased to
7$30.80 to sustain a minimum wage of $18.75 per hour for direct
8service workers. Rates in subsequent State fiscal years shall
9be no lower than the rates put into effect upon federal
10approval. Providers of in-home services shall be required to
11certify to the Department that they remain in compliance with
12the mandated wage increase for direct service workers. Fringe
13benefits, including, but not limited to, paid time off and
14payment for training, health insurance, travel, or
15transportation, shall not be reduced in relation to the rate
16increases described in this paragraph.    
17    The General Assembly finds it necessary to authorize an
18aggressive Medicaid enrollment initiative designed to maximize
19federal Medicaid funding for the Community Care Program which
20produces significant savings for the State of Illinois. The
21Department on Aging shall establish and implement a Community
22Care Program Medicaid Initiative. Under the Initiative, the
23Department on Aging shall, at a minimum: (i) provide an
24enhanced rate to adequately compensate care coordination units
25to enroll eligible Community Care Program clients into
26Medicaid; (ii) use recommendations from a stakeholder

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1committee on how best to implement the Initiative; and (iii)
2establish requirements for State agencies to make enrollment
3in the State's Medical Assistance program easier for seniors.
4    The Community Care Program Medicaid Enrollment Oversight
5Subcommittee is created as a subcommittee of the Older Adult
6Services Advisory Committee established in Section 35 of the
7Older Adult Services Act to make recommendations on how best
8to increase the number of medical assistance recipients who
9are enrolled in the Community Care Program. The Subcommittee
10shall consist of all of the following persons who must be
11appointed within 30 days after June 4, 2018 (the effective
12date 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
25Care Program Medicaid Initiative and shall meet quarterly. At
26each Subcommittee meeting the Department on Aging shall

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

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

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1Public Act 100-587), after which the Subcommittee shall
2dissolve.
3    Effective July 1, 2023, subject to federal approval, the
4Department on Aging shall reimburse Care Coordination Units at
5the following rates for case management services: $252.40 for
6each initial assessment; $366.40 for each initial assessment
7with 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
10benefits; $132.26 for each face-to-face, choices-for-care
11screening; $168.26 for each face-to-face, choices-for-care
12screening with translation; $124.56 for each 6-month,
13face-to-face visit; $132.00 for each MCO participant
14eligibility determination; and $157.00 for each MCO
15participant eligibility determination with translation.
16(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
17103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
18Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
19Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff.
207-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)
21    Section 10-25. The Juvenile Court Act of 1987 is amended
22by 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
2of the person appointed under this Act to report periodically
3to the court or may cite the legal custodian or guardian into
4court and require the legal custodian, guardian, or the legal
5custodian's or guardian's agency to make a full and accurate
6report of the doings of the legal custodian, guardian, or
7agency on behalf of the minor. The custodian or guardian,
8within 10 days after such citation, or earlier if the court
9determines it to be necessary to protect the health, safety,
10or welfare of the minor, shall make the report, either in
11writing verified by affidavit or orally under oath in open
12court, or otherwise as the court directs. Upon the hearing of
13the report the court may remove the custodian or guardian and
14appoint another in the custodian's or guardian's stead or
15restore the minor to the custody of the minor's parents or
16former guardian or custodian. However, custody of the minor
17shall not be restored to any parent, guardian, or legal
18custodian in any case in which the minor is found to be
19neglected or abused under Section 2-3 or dependent under
20Section 2-4 of this Act, unless the minor can be cared for at
21home without endangering the minor's health or safety and it
22is in the best interests of the minor, and if such neglect,
23abuse, or dependency is found by the court under paragraph (1)
24of Section 2-21 of this Act to have come about due to the acts
25or omissions or both of such parent, guardian, or legal
26custodian, until such time as an investigation is made as

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1provided in paragraph (5) and a hearing is held on the issue of
2the fitness of such parent, guardian, or legal custodian to
3care for the minor and the court enters an order that such
4parent, guardian, or legal custodian is fit to care for the
5minor.
6    (1.5) The public agency that is the custodian or guardian
7of the minor shall file a written report with the court no
8later 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
17ensure the minor is placed appropriately, how the minor's
18needs are being met in the minor's shelter placement, and if a
19future placement has been identified by the Department, why
20the anticipated placement is appropriate for the needs of the
21minor and the anticipated placement date.
22    (1.6) Within 30 days after placing a child in its care in a
23qualified residential treatment program, as defined by the
24federal Social Security Act, the Department of Children and
25Family Services shall prepare a written report for filing with
26the court and send copies of the report to all parties. Within

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120 days of the filing of the report, or as soon thereafter as
2the court's schedule allows but not more than 60 days from the
3date of placement, the court shall hold a hearing to consider
4the Department's report and determine whether placement of the
5child in a qualified residential treatment program provides
6the most effective and appropriate level of care for the child
7in the least restrictive environment and if the placement is
8consistent with the short-term and long-term goals for the
9child, as specified in the permanency plan for the child. The
10court shall approve or disapprove the placement. If
11applicable, the requirements of Sections 2-27.1 and 2-27.2
12must also be met. The Department's written report and the
13court's written determination shall be included in and made
14part of the case plan for the child. If the child remains
15placed in a qualified residential treatment program, the
16Department shall submit evidence at each status and permanency
17hearing:
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
13judge. Subsequent permanency hearings may be heard by a judge
14or by hearing officers appointed or approved by the court in
15the manner set forth in Section 2-28.1 of this Act. The initial
16hearing shall be held (a) within 12 months from the date
17temporary custody was taken, regardless of whether an
18adjudication or dispositional hearing has been completed
19within that time frame, (b) if the parental rights of both
20parents have been terminated in accordance with the procedure
21described in subsection (5) of Section 2-21, within 30 days of
22the order for termination of parental rights and appointment
23of a guardian with power to consent to adoption, or (c) in
24accordance with subsection (2) of Section 2-13.1. Subsequent
25permanency hearings shall be held every 6 months or more
26frequently if necessary in the court's determination following

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1the initial permanency hearing, in accordance with the
2standards set forth in this Section, until the court
3determines that the plan and goal have been achieved. Once the
4plan and goal have been achieved, if the minor remains in
5substitute care, the case shall be reviewed at least every 6
6months thereafter, subject to the provisions of this Section,
7unless the minor is placed in the guardianship of a suitable
8relative or other person and the court determines that further
9monitoring by the court does not further the health, safety,
10or best interest of the child and that this is a stable
11permanent placement. The permanency hearings must occur within
12the time frames set forth in this subsection and may not be
13delayed in anticipation of a report from any source or due to
14the agency's failure to timely file its written report (this
15written report means the one required under the next paragraph
16and does not mean the service plan also referred to in that
17paragraph).
18    The public agency that is the custodian or guardian of the
19minor, or another agency responsible for the minor's care,
20shall ensure that all parties to the permanency hearings are
21provided a copy of the most recent service plan prepared
22within the prior 6 months at least 14 days in advance of the
23hearing. If not contained in the agency's service plan, the
24agency shall also include a report setting forth the
25following:
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
5hearing. If a permanency hearing has not previously been
6scheduled by the court, the moving party shall move for the
7setting of a permanency hearing and the entry of an order
8within the time frames set forth in this subsection.
9    (2.3) At the permanency hearing, the court shall determine
10the permanency goal of the child. The court shall set one of
11the 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
5in writing the reasons the goal was selected and why the
6preceding goals were deemed inappropriate and not in the
7child's best interest. Where the court has selected a
8permanency goal other than (A), (B), or (B-1), the Department
9of Children and Family Services shall not provide further
10reunification services, except as provided in paragraph (F) of
11this subsection (2.3), but shall provide services consistent
12with 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
25best interest of the child. In determining that goal, the
26court shall consult with the minor in an age-appropriate

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1manner regarding the proposed permanency or transition plan
2for the minor. The court's determination shall include the
3following 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
23in the service plan, (ii) the appropriateness of the services
24contained in the plan and whether those services have been
25provided, (iii) whether reasonable efforts have been made by
26all 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
2evidence relevant to determining these questions, including
3oral and written reports, may be admitted and may be relied on
4to the extent of their probative value.
5    The court shall make findings as to whether, in violation
6of Section 8.2 of the Abused and Neglected Child Reporting
7Act, any portion of the service plan compels a child or parent
8to engage in any activity or refrain from any activity that is
9not reasonably related to remedying a condition or conditions
10that gave rise or which could give rise to any finding of child
11abuse or neglect. The services contained in the service plan
12shall include services reasonably related to remedy the
13conditions that gave rise to removal of the child from the home
14of the child's parents, guardian, or legal custodian or that
15the court has found must be remedied prior to returning the
16child home. Any tasks the court requires of the parents,
17guardian, or legal custodian or child prior to returning the
18child home must be reasonably related to remedying a condition
19or conditions that gave rise to or which could give rise to any
20finding of child abuse or neglect.
21    If the permanency goal is to return home, the court shall
22make findings that identify any problems that are causing
23continued placement of the children away from the home and
24identify what outcomes would be considered a resolution to
25these problems. The court shall explain to the parents that
26these findings are based on the information that the court has

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1at that time and may be revised, should additional evidence be
2presented to the court.
3    The court shall review the Sibling Contact Support Plan
4developed or modified under subsection (f) of Section 7.4 of
5the Children and Family Services Act, if applicable. If the
6Department has not convened a meeting to develop or modify a
7Sibling Contact Support Plan, or if the court finds that the
8existing Plan is not in the child's best interest, the court
9may enter an order requiring the Department to develop,
10modify, or implement a Sibling Contact Support Plan, or order
11mediation.
12    Beginning July 1, 2025, the court shall review the Ongoing
13Family Finding and Relative Engagement Plan required under
14Section 2-27.3. If the court finds that the plan is not in the
15minor's best interest, the court shall enter specific factual
16findings and order the Department to modify the plan
17consistent with the court's findings.
18    If the goal has been achieved, the court shall enter
19orders that are necessary to conform the minor's legal custody
20and status to those findings.
21    If, after receiving evidence, the court determines that
22the services contained in the plan are not reasonably
23calculated to facilitate achievement of the permanency goal,
24the court shall put in writing the factual basis supporting
25the determination and enter specific findings based on the
26evidence. The court also shall enter an order for the

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1Department to develop and implement a new service plan or to
2implement changes to the current service plan consistent with
3the court's findings. The new service plan shall be filed with
4the court and served on all parties within 45 days of the date
5of the order. The court shall continue the matter until the new
6service plan is filed. Except as authorized by subsection
7(2.5) of this Section and as otherwise specifically authorized
8by law, the court is not empowered under this Section to order
9specific placements, specific services, or specific service
10providers to be included in the service plan.
11    A guardian or custodian appointed by the court pursuant to
12this Act shall file updated case plans with the court every 6
13months.
14    Rights of wards of the court under this Act are
15enforceable against any public agency by complaints for relief
16by mandamus filed in any proceedings brought under this Act.
17    (2.5) If, after reviewing the evidence, including evidence
18from the Department, the court determines that the minor's
19current or planned placement is not necessary or appropriate
20to facilitate achievement of the permanency goal, the court
21shall put in writing the factual basis supporting its
22determination and enter specific findings based on the
23evidence. If the court finds that the minor's current or
24planned placement is not necessary or appropriate, the court
25may enter an order directing the Department to implement a
26recommendation by the minor's treating clinician or a

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1clinician contracted by the Department to evaluate the minor
2or a recommendation made by the Department. If the Department
3places a minor in a placement under an order entered under this
4subsection (2.5), the Department has the authority to remove
5the minor from that placement when a change in circumstances
6necessitates the removal to protect the minor's health,
7safety, and best interest. If the Department determines
8removal is necessary, the Department shall notify the parties
9of the planned placement change in writing no later than 10
10days prior to the implementation of its determination unless
11remaining in the placement poses an imminent risk of harm to
12the minor, in which case the Department shall notify the
13parties of the placement change in writing immediately
14following the implementation of its decision. The Department
15shall notify others of the decision to change the minor's
16placement as required by Department rule.
17    (3) Following the permanency hearing, the court shall
18enter a written order that includes the determinations
19required under subsections (2) and (2.3) of this Section and
20sets 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
23apply to the court for a change in custody of the minor and the
24appointment of a new custodian or guardian of the person or for
25the restoration of the minor to the custody of the minor's
26parents 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,
7guardian, or legal custodian in any case in which the minor is
8found to be neglected or abused under Section 2-3 or dependent
9under Section 2-4 of this Act, unless the minor can be cared
10for at home without endangering the minor's health or safety
11and it is in the best interest of the minor, and if such
12neglect, abuse, or dependency is found by the court under
13paragraph (1) of Section 2-21 of this Act to have come about
14due to the acts or omissions or both of such parent, guardian,
15or legal custodian, until such time as an investigation is
16made as provided in paragraph (5) and a hearing is held on the
17issue of the health, safety, and best interest of the minor and
18the fitness of such parent, guardian, or legal custodian to
19care for the minor and the court enters an order that such
20parent, guardian, or legal custodian is fit to care for the
21minor. If a motion is filed to modify or vacate a private
22guardianship order and return the child to a parent, guardian,
23or legal custodian, the court may order the Department of
24Children and Family Services to assess the minor's current and
25proposed living arrangements and to provide ongoing monitoring
26of the health, safety, and best interest of the minor during

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1the pendency of the motion to assist the court in making that
2determination. In the event that the minor has attained 18
3years of age and the guardian or custodian petitions the court
4for an order terminating the minor's guardianship or custody,
5guardianship or custody shall terminate automatically 30 days
6after the receipt of the petition unless the court orders
7otherwise. No legal custodian or guardian of the person may be
8removed without the legal custodian's or guardian's consent
9until given notice and an opportunity to be heard by the court.
10    When the court orders a child restored to the custody of
11the parent or parents, the court shall order the parent or
12parents to cooperate with the Department of Children and
13Family Services and comply with the terms of an after-care
14plan, or risk the loss of custody of the child and possible
15termination of their parental rights. The court may also enter
16an order of protective supervision in accordance with Section
172-24.
18    If the minor is being restored to the custody of a parent,
19legal custodian, or guardian who lives outside of Illinois,
20and an Interstate Compact has been requested and refused, the
21court may order the Department of Children and Family Services
22to arrange for an assessment of the minor's proposed living
23arrangement and for ongoing monitoring of the health, safety,
24and best interest of the minor and compliance with any order of
25protective supervision entered in accordance with Section
262-24.

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1    (5) Whenever a parent, guardian, or legal custodian files
2a motion for restoration of custody of the minor, and the minor
3was adjudicated neglected, abused, or dependent as a result of
4physical abuse, the court shall cause to be made an
5investigation as to whether the movant has ever been charged
6with or convicted of any criminal offense which would indicate
7the likelihood of any further physical abuse to the minor.
8Evidence of such criminal convictions shall be taken into
9account in determining whether the minor can be cared for at
10home without endangering the minor's health or safety and
11fitness 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;
26102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.

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16-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061,
2eff. 2-5-25.)
3
Article 11.
4    Section 11-1. The Illinois Emergency Management Agency Act
5is 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
8Projects Fund is created as a trust fund in the State treasury.
9The Fund shall consist of any moneys appropriated to the
10Agency for purposes of the Illinois' Not-For-Profit Security
11Grant Program, a grant program authorized by subsection (g-5)
12of Section 5 of this Act, to provide funding support for target
13hardening activities and other physical security enhancements
14for qualifying not-for-profit organizations that are at high
15risk of terrorist attack. The Agency is authorized to use
16moneys appropriated from the Fund to make grants to
17not-for-profit organizations, including those that provide
18medical or behavioral health services, for target hardening
19activities, security personnel, and physical security
20enhancements and for the payment of administrative expenses
21associated with the Not-For-Profit Security Grant Program,
22except that, beginning July 1, 2024, the Agency shall not
23award grants under this Section to those entities whose

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1primary purpose is to provide reproductive or maternal health
2care and reproductive or maternal health counseling services    
3medical or mental health services. As used in this Section,
4"target hardening activities" include, but are not limited to,
5the purchase and installation of security equipment on real
6property owned or leased by the not-for-profit organization.
7Grants, gifts, and moneys from any other source, public or
8private, may also be deposited into the Fund and used for the
9purposes 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
13amended by adding Section 5-45.63 as follows:
14    (5 ILCS 100/5-45.63 new)
15    Sec. 5-45.63. Emergency rulemaking; Developmental
16Disability and Mental Disability Services Act. To provide for
17the expeditious and timely implementation of the changes made
18to Section 2-6 of the Developmental Disability and Mental
19Disability Services Act by this amendatory Act of the 104th
20General Assembly, emergency rules implementing the changes
21made to that Section by this amendatory Act of the 104th
22General Assembly may be adopted in accordance with Section
235-45 by the Department of Human Services or any other agency

10400HB1075sam002- 325 -LRB104 03072 JDS 27129 a
1essential to the implementation of the changes. The adoption
2of emergency rules authorized by Section 5-45 and this Section
3is deemed to be necessary for the public interest, safety, and
4welfare.
5    This Section is repealed one year after the effective date
6of this Section.    
7    Section 12-10. The Developmental Disability and Mental
8Disability Services Act is amended by changing Section 2-6 as
9follows:
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
12submitted to the Department by the adult with a mental
13disability or, if the adult with a mental disability requires
14a guardian, by his or her legal guardian. If the application
15for participation in the Program is approved by the Department
16and the adult with a mental disability is eligible to receive
17services under this Article, the adult with a mental
18disability shall be made aware of the availability of a
19community support team and shall be offered case management
20services. The amount of the home-based services provided by
21the Department in any month shall be determined by the service
22plan of the adult with a mental disability, but in no case
23shall 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
11monthly amount approved for home-based services to
12participating adults may be used as a one-time or continuing
13payment to the eligible adult or the adult's parent or
14guardian to pay for specified tangible items that are directly
15related to meeting basic needs related to the person's mental
16disabilities.
17    Tangible items include, but are not limited to: adaptive
18equipment, medication not covered by third-party payments,
19nutritional 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
23changing Section 3.4 as follows:

10400HB1075sam002- 327 -LRB104 03072 JDS 27129 a
1    (225 ILCS 10/3.4)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    Sec. 3.4. Standards for certified relative caregiver
5homes.
6    (a) No later than July 1, 2025, the Department shall adopt
7rules outlining the standards for certified relative caregiver
8homes, which are reasonably in accordance with the national
9consortium recommendations and federal law and rules, and
10consistent with the requirements of this Act. The standards
11for certified relative caregiver homes shall: (i) be different
12from licensing standards used for non-relative foster family
13homes under Section 4; (ii) align with the recommendation of
14the U.S. Department of Health and Human Services'
15Administration for Children and Families for implementation of
16Section 471(a)(10), 471(a)(11), and 471(a)(20) and Section 474
17of Title IV-E of the Social Security Act; (iii) be no more
18restrictive than, and reasonably in accordance with, national
19consortium recommendations; and (iv) address background
20screening for caregivers and other household residents and
21assessing home safety and caregiver capacity to meet the
22identified child's needs.
23    A guiding premise for certified relative caregiver home
24standards is that foster care maintenance payments for every
25relative, starting upon placement, regardless of federal
26reimbursement, are critical to ensure that the basic needs and

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1well-being of all children in relative care are being met. If
2an agency places a child in the care of a relative, the
3relative must immediately be provided with adequate support to
4care for that child. The Department shall review foster care
5maintenance payments to ensure that children receive the same
6amount of foster care maintenance payments whether placed in a
7certified relative caregiver home or a licensed foster family
8home.
9    In developing rules, the Department shall solicit and
10incorporate feedback from relative caregivers. No later than
1160 days after the effective date of this amendatory Act of the
12103rd General Assembly, the Department shall begin soliciting
13input from relatives who are currently or have recently been
14caregivers to youth in care to develop the rules and
15procedures to implement the requirements of this Section. The
16Department shall solicit this input in a manner convenient for
17caregivers to participate, including without limitation,
18in-person convenings at after hours and weekend venues,
19locations that provide child care, and modalities that are
20accessible and welcoming to new and experienced relative
21caregivers from all regions of the State. The rules shall
22outline the essential elements of each form used in the
23implementation and enforcement of the provisions of this
24amendatory Act of the 103rd General Assembly.
25    (b) In order to assess whether standards are met for a
26certified relative caregiver home under this Section, the

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1Department 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
20shall conduct the following background screening investigation
21for every prospective certified relative caregiver and adult
22resident 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
8prospective caregivers or adult residents in the home refuse
9to authorize a background screening investigation as required
10by this Section. Only information and standards that bear a
11reasonable and rational relation to the caregiving capacity of
12the certified relative caregiver and adult member of the
13household and overall safety provided by residents of that
14home shall be used by the Department or licensed child welfare
15agency.
16    In approving a certified relative caregiver home in
17accordance with this Section, if an adult has a criminal
18record, the Department or licensed child welfare agency shall
19thoroughly investigate and evaluate the criminal history of
20the adult and, in so doing, include an assessment of the
21adult's character and, in the case of the prospective
22certified relative caregiver, the impact that the criminal
23history has on the prospective certified relative caregiver's
24ability to parent the child; the investigation should consider
25the type of crime, the number of crimes, the nature of the
26offense, the age of the person at the time of the crime, the

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1length of time that has elapsed since the last conviction, the
2relationship of the crime to the ability to care for children,
3the role that adult will have with the child, and any evidence
4of rehabilitation. In accordance with federal law, a home
5shall not be approved if the record of the prospective
6certified relative caregiver's background screening reveals:
7(i) a felony conviction for child abuse or neglect, for    
8spousal abuse, for a crime against children crimes against a
9child, including child pornography, or for a crime involving
10violence, including of rape, sexual assault, or homicide, but
11not including other physical assault or battery; or (ii) a
12felony conviction in the last 5 years for physical assault,
13battery, or a drug-related offense.
14    If the Department is contemplating denying approval of a
15certified relative caregiver home, the Department shall
16provide a written notice in the prospective certified relative
17caregiver's primary language to each prospective certified
18relative caregiver before the Department takes final action to
19deny approval of the home. This written notice shall include
20the specific reason or reasons the Department is considering
21denial, list actions prospective certified relative caregivers
22can take, if any, to remedy such conditions and the timeframes
23in which such actions would need to be completed, explain
24reasonable supports that the Department can provide to assist
25the prospective certified relative caregivers in taking
26remedial actions and how the prospective certified relative

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1caregivers can request such assistance, and provide the
2recourse prospective certified relative caregivers can seek to
3resolve disputes about the Department's findings. The
4Department shall provide prospective certified relative
5caregivers reasonable opportunity pursuant to rulemaking to
6cure any remediable deficiencies that the Department
7identified before taking final action to deny approval of a
8certified relative caregiver home.
9    If conditions have not been remedied after a reasonable
10opportunity and assistance to cure identified deficiencies has
11been provided, the Department shall provide a final written
12notice explaining the reasons for denying the certified
13relative caregiver home approval and the reconsideration
14process to review the decision to deny certification. The
15Department shall not prohibit a prospective certified relative
16caregiver from being reconsidered for approval if the
17prospective certified relative caregivers are able to
18demonstrate a change in circumstances that improves deficient
19conditions.
20    Documentation that a certified relative caregiver home
21meets the required standards may be filed on behalf of such
22homes by a licensed child welfare agency, by a State agency
23authorized to place children in foster care, or by
24out-of-state agencies approved by the Department to place
25children in this State. For documentation on behalf of a home
26in which specific children are placed by and remain under

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1supervision of the applicant agency, such agency shall
2document that the certified relative caregiver home,
3responsible for the care of related specific children therein,
4was found to be in reasonable compliance with standards
5prescribed by the Department for certified relative caregiver
6homes under this Section. Certification is applicable to one
7or more related children and documentation for certification
8shall indicate the specific child or children who would be
9eligible for placement in this certified relative caregiver
10home.
11    Information concerning criminal convictions of prospective
12certified relative caregivers and adult residents of a
13prospective certified relative caregiver home investigated
14under this Section, including the source of the information,
15State conviction information provided by the Illinois State
16Police, and any conclusions or recommendations derived from
17the information, shall be offered to the prospective certified
18relative caregivers and adult residents of a prospective
19certified relative caregiver home, and provided, upon request,
20to such persons prior to final action by the Department in the
21certified relative caregiver home approval process.
22    Any information concerning criminal charges or the
23disposition of such criminal charges obtained by the
24Department shall be confidential and may not be transmitted
25outside the Department, except as required or permitted by
26State or federal law, and may not be transmitted to anyone

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1within the Department except as needed for the purpose of
2evaluating standards for a certified relative caregiver home
3or for evaluating the placement of a specific child in the
4home. Information concerning a prospective certified relative
5caregiver or an adult resident of a prospective certified
6relative caregiver home obtained by the Department for the
7purposes of this Section shall be confidential and exempt from
8public inspection and copying as provided under Section 7 of
9the Freedom of Information Act, and such information shall not
10be transmitted outside the Department, except as required or
11authorized by State or federal law, including applicable
12provisions in the Abused and Neglected Child Reporting Act,
13and shall not be transmitted to anyone within the Department
14except as provided in the Abused and Neglected Child Reporting
15Act, and shall not be transmitted to anyone within the
16Department except as needed for the purposes of evaluating
17homes. Any employee of the Department, the Illinois State
18Police, or a licensed child welfare agency receiving
19confidential information under this Section who gives or
20causes to be given any confidential information concerning any
21criminal convictions or child abuse or neglect reports
22involving a prospective certified relative caregiver or an
23adult resident of a prospective certified relative caregiver
24home shall be guilty of a Class A misdemeanor unless release of
25such information is authorized by this Section or Section 11.1
26of the Abused and Neglected Child Reporting Act.

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1    The Department shall permit, but shall not require, a
2prospective certified relative caregiver who does not yet have
3eligible children placed by the Department in the relative's
4home to commence the process to become a certified relative
5caregiver home for a particular identified child under this
6Section before a child is placed by the Department if the
7prospective certified relative caregiver prefers to begin this
8process in advance of the identified child being placed. No
9later than July 1, 2025, the Department shall adopt rules
10delineating the process for re-assessing a certified relative
11caregiver home if the identified child is not placed in that
12home within 6 months of the home becoming certified.
13    (d) The Department shall ensure that prospective certified
14relative caregivers are provided with assistance in completing
15the steps required for approval as a certified relative
16caregiver home, including, but not limited to, the following
17types 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
13shall 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
10convenient for the residents of the certified relative
11caregiver home, which shall include the option for one-on-one
12sessions at the residence, after business hours, and in the
13primary language of the caregivers. Training opportunities
14shall be offered to the residents of the certified relative
15caregiver home, but shall not be a requirement that delays the
16certified relative caregiver home approval process from being
17completed.
18    The Department or licensed child welfare agency may
19provide support groups and development opportunities for
20certified relative caregivers, and take other steps to support
21permanency, such as offering voluntary training, or concurrent
22assessments of multiple prospective certified relative
23caregivers to determine which may be best suited to provide
24long-term permanency for a particular child. However, these
25support groups and development opportunities shall not be
26requirements for prospective certified relative caregiver

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1homes or delay immediate placement and support to a relative
2who satisfies the standards set forth in this Section.
3    (f) All child welfare agencies serving relative and
4certified relative caregiver homes shall be required by the
5Department to have complaint policies and procedures that
6shall be provided in writing to prospective and current
7certified relative caregivers and residents of prospective and
8current certified relative caregiver homes, at the earliest
9time possible. The complaint procedure shall allow residents
10of prospective and current certified relative caregiver homes
11to submit complaints 7 days a week and complaints shall be
12reviewed by the Department within 30 days of receipt. These
13complaint procedures must be filed with the Department within
146 months after the effective date of this amendatory of the
15103rd General Assembly.
16    No later than July 1, 2025, the Department shall revise
17any rules and procedures pertaining to eligibility of
18certified relative caregivers to qualify for State and federal
19subsidies and services under the guardianship and adoption
20assistance program and remove any requirements that exceed the
21federal requirements for participation in these programs or
22supports to ensure that certified relative caregiver homes are
23deemed eligible for permanency options, such as adoption or
24subsidized guardianship, if the child is unable to safely
25return to the child's parents. The rules shall outline the
26essential elements of each form used in the implementation and

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1enforcement of the provisions of this amendatory Act of the
2103rd General Assembly.
3    The Department shall submit any necessary State plan
4amendments necessary to comply with this Section and to ensure
5Title IV-E reimbursement eligibility under Section
6671(a)(20)(A-B) of the Social Security Act can be achieved
7expediently. The Department shall differentiate expenditures
8related to certified relative caregivers from licensed care
9placements to provide clarity in expenditures of State and
10federal 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
13changing 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)
16rendered homeless or threatened with homelessness by fire,
17flood, other natural disaster, eviction or court order to
18vacate the premises for reasons other than nonpayment of rent,
19or where a family has become homeless because they have left
20their residence due to domestic or sexual violence; (1.5)
21deprived of the household's income as a result of domestic or
22sexual violence; (2) deprived of essential items of furniture
23or essential clothing by fire or flood or other natural
24disaster; (3) deprived of food as a result of actions other

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1than loss or theft of cash and where the deprivation cannot be
2promptly alleviated through the federal food stamp program;
3(4) as a result of a documented theft or documented loss of
4cash, deprived of food or essential clothing or deprived of
5shelter or immediately threatened with deprivation of shelter
6as evidenced by a court order requiring immediate eviction due
7to nonpayment of rent; or (5) rendered the victim of such other
8hardships as the Illinois Department shall by rule define, the
9Illinois Department may provide assistance to alleviate such
10needs. The Illinois Department shall verify need and determine
11eligibility for crisis assistance for families already
12receiving grants from the Illinois Department within 5 working
13days following application for such assistance and shall
14determine eligibility for all other families and afford such
15assistance for families found eligible within such time limits
16as the Illinois Department shall by rule provide. The Illinois
17Department may, by rule, limit crisis assistance to an
18eligible family to once in any 12 consecutive months. This
19limitation may be made for some or all items of crisis
20assistance.
21    The Illinois Department by regulation shall specify the
22criteria for determining eligibility and the amount and nature
23of assistance to be provided. Where deprivation of shelter
24exists or is threatened, the Illinois Department must inform
25the family of crisis assistance funding, when available. Upon
26the availability of funds, the Department shall provide no

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1less than $1,250 to eligible families for up to 4 months may
2provide reasonable moving expenses, short term rental costs,
3including one month's rent and a security deposit where such
4expenses are needed for relocation, and, where the Department
5determines appropriate, provide assistance to prevent an
6imminent eviction or foreclosure. These amounts may be
7described in established amounts or maximums. The Illinois
8Department may also describe, for each form of assistance
9authorized, the method by which the assistance shall be
10delivered, including but not limited to warrants or disbursing
11orders.
12    Annual expenditures under this Section shall not exceed
13$2,000,000. The Illinois Department shall review such
14expenditures quarterly and shall, if necessary, reduce the
15amounts or nature of assistance authorized in order to assure
16that the limit is not exceeded.
17    This Section shall be subject to the civil remedies
18outlined 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
23it 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.
8The assessment process to develop the personal plan for
9achieving self-sufficiency shall include questions that screen
10for domestic and sexual violence issues. If the individual
11indicates that he or she is the victim of domestic or sexual
12violence and indicates a need to address domestic or sexual
13violence issues in order to reach self-sufficiency, the plan
14shall take this factor into account in determining the work,
15education, and training activities suitable to the client for
16achieving self-sufficiency. In addition, in such a case,
17specific steps needed to directly address the domestic or
18sexual violence issues may also be made part of the plan,
19including referral to an available domestic or sexual violence
20program. The Department shall conduct an individualized
21assessment and grant waivers of program requirements and other
22required activities for victims of domestic violence to the
23fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall
24apply the same laws, regulations, and policies to victims of
25sexual violence. The duration of such waivers shall be
26initially determined and subsequently redetermined on a

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1case-by-case basis. There shall be no limitation on the total
2number of months for which waivers under this Section may be
3granted, but continuing eligibility for a waiver shall be
4redetermined 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
7Section 103 of the Illinois Domestic Violence Act of 1986.
8    "Sexual assault" or "sexual violence" means any conduct of
9an adult or minor child proscribed in Article 11 of the
10Criminal Code of 2012, except for Sections 11-35, 11-40, and
1111-45 of the Criminal Code of 2012, including conduct
12committed by a perpetrator who is a stranger to the victim and
13conduct by a perpetrator who is known or related by blood or
14marriage to the victim.
15    (b) In recognition of the reality of domestic or sexual
16violence for many individuals and families who may need
17assistance, when making determinations as to an individual's
18compliance with TANF program requirements, the Department of
19Human Services shall implement the federal Family Violence
20Option created under Section 402 of the Personal
21Responsibility and Work Opportunity Reconciliation Act of
221996, (P.L. 104-193), and as set forth in 42 U.S.C. 602(a)(7),
23including any implementing federal regulations at Part 260,
24Subtitle B, Chapter II, Title 45 of the Code of Federal
25Regulations.    
26    (c) In accordance with subsection (b) and Section

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1402(a)(8) of the Social Security Act as amended by the federal
2Consolidated Appropriations Act, 2022 (P.L. 117-103), the
3Department 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
17violence may provide documentation or third-party
18verification, if possible, as evidence of the domestic or
19sexual violence. If an individual is unable to obtain
20documentation or third-party verification, then
21self-attestation shall suffice to establish eligibility for a
22good cause waiver based upon domestic or sexual violence. The
23following 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
21form 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
20for or receiving TANF benefits to obtain an order of
21protection or to leave the alleged abuser in order to obtain a
22good cause waiver.
23    A good cause waiver determination based on domestic or
24sexual violence shall be made within 15 calendar days from the
25date the claim was initiated by the individual.
26    (f) Crisis assistance funding. If an individual is TANF

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1eligible and is provided a good cause waiver, the Department
2must inform the individual of crisis assistance funding, upon
3availability. When available, the Department shall provide
4funding of no less than $1250 to eligible individuals and
5families for 4 months.
6    (g) (b) The Illinois Department shall develop and monitor
7compliance procedures for its employees, contractors, and
8subcontractors to ensure that any information pertaining to
9any client who claims to be a past or present victim of
10domestic violence or an individual at risk of further domestic
11violence, whether provided by the victim or by a third party,
12will remain confidential.
13    (h) (c) The Illinois Department shall develop and
14implement a domestic violence training curriculum for Illinois
15Department employees who serve applicants for and recipients
16of aid under this Article. The curriculum shall be designed to
17better equip those employees to identify and serve domestic
18violence victims. The Illinois Department may enter into a
19contract for the development of the curriculum with one or
20more organizations providing services to domestic violence
21victims. The Illinois Department shall adopt rules necessary
22to implement this subsection.
23    (i) The Department shall adopt rules necessary to
24implement the amendatory changes made to this Section by this
25amendatory Act of the 104th General Assembly.    
26    (j) The Department shall report data on the State's TANF

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1caseload, the number of individuals applying for a good cause
2waiver, and the number of waivers granted. The Department
3shall provide the number of individuals eligible and applying
4for crisis assistance funding under this Section as part of
5its annual report to the General Assembly. The report shall
6exclude 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
10Duties Law of the Civil Administrative Code of Illinois is
11amended 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
14planning. The Department, under the direction of the Office of
15the Governor and in coordination with any other appropriate
16State office, shall engage in health care strategy and
17delivery planning efforts to determine steps to strengthen
18safety-net hospitals and other health care systems in pursuit
19of 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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1Training Board Act, is hereby transferred to the Department.
2On and after July 1, 2025, the Department shall exercise the
3powers, duties, rights, and responsibilities provided under
4the Coroner Training Board Act and transferred to the
5Department under this amendatory Act of the 104th General
6Assembly.
7    (b) As soon as practicable after July 1, 2025, but not
8later than September 1, 2025, the personnel of the Coroner
9Training Board shall be transferred to the Department. The
10status and rights of those employees under the Personnel Code
11shall not be affected by the transfer. The rights of the
12employees and of the State of Illinois and its agencies under
13the Personnel Code or under any pension, retirement, or
14annuity plan shall not be affected by this amendatory Act of
15the 104th General Assembly.
16    (c) As soon as practicable after July 1, 2025, but not
17later than September 1, 2025, all books, records, papers,
18documents, property (real and personal), contracts, causes of
19action, and pending business pertaining to the powers, duties,
20rights, and responsibilities of the Coroner Training Board,
21including, but not limited to, material in electronic or
22magnetic format and necessary computer hardware and software,
23shall be transferred to the Department.
24    (d) Whenever reports or notices are now required to be
25made or given or papers or documents furnished or served by any
26person to or upon the Coroner Training Board, the same shall be

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1made, given, furnished, or served in the same manner to or upon
2the Department.
3    (e) This amendatory Act of the 104th General Assembly does
4not affect any act done, ratified, or canceled or any right
5occurring or established or any action or proceeding had or
6commenced in an administrative, civil, or criminal cause by
7the Coroner Training Board before this amendatory Act of the
8104th General Assembly takes effect; such actions or
9proceedings may be prosecuted and continued by the Department.
10    (f) Any rules of the Coroner Training Board that relate to
11its powers, duties, rights, and responsibilities and are in
12full force on July 1, 2025 shall become the rules and standards
13of the Department on July 1, 2025, and shall continue in effect
14until amended or repealed by the Department. This amendatory
15Act of the 104th General Assembly does not affect the legality
16of any such rules in the Illinois Administrative Code.
17Preexisting rules adopted by the Department prior to July 1,
182025 shall control in instances where the rules transferred
19from the Coroner Training Board overlap or are otherwise
20inconsistent.
21    Any rules filed with the Secretary of State by the Coroner
22Training Board that have been proposed but have not taken
23effect or have not been finally adopted by June 30, 2025, shall
24become proposed rules of the Department on July 1, 2025, and
25any rulemaking procedures that have already been completed by
26the Coroner Training Board for those proposed rules need not

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1be repeated. On July 1, 2025, or as soon thereafter as
2practicable, the Department shall revise and clarify the rules
3transferred to it under this amendatory Act of the 104th
4General Assembly to reflect the reorganization of powers,
5duties, rights, and responsibilities affected by this
6amendatory Act, using the procedures for recodification of
7rules available under the Illinois Administrative Procedure
8Act, except that existing title, part, and section numbering
9for the affected rules may be retained.
10    (g) On July 1, 2025, or as soon thereafter as practicable,
11all unexpended appropriations and balances and other funds
12available for use by the Coroner Training Board shall be
13transferred for use by the Department. Unexpended balances so
14transferred shall be expended only for the purposes for which
15the appropriations were originally made.    
16    Section 20-10. The Counties Code is amended by changing
17Section 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
20other county officer.
21    (a) Every coroner shall be commissioned by the Governor,
22but no commission shall issue except upon the certificate of
23the county clerk of the proper county of the due election or
24appointment of the coroner and that the coroner has filed his

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1or her bond and taken the oath of office as provided in this
2Division.    
3    (b)(1) Within 30 days of assuming office, a coroner
4elected to that office for the first time shall apply for
5admission to the Coroner Training Board coroners training
6program. Completion of the training program shall be within 6
7months of application. Any coroner may direct the chief deputy
8coroner or a deputy coroner, or both, to attend the training
9program, provided the coroner has completed the training
10program. Satisfactory completion of the program shall be
11evidenced by a certificate issued to the coroner by the
12Department of Public Health through the Coroner Training
13Board. All coroners shall complete the training program at
14least once while serving as coroner.    
15    (2) In developing the coroner training program, the
16Department of Public Health Coroner Training Board shall
17consult with the Illinois Coroners and Medical Examiners
18Association or other organization as recommended and approved
19by the Coroner Training Board.    
20    (3) The Department of Public Health, through the Coroner
21Training Board, shall notify the proper county board of the
22failure by a coroner to successfully complete this training
23program.
24    (c) Every coroner shall attend at least 24 hours of
25accredited continuing education for coroners in each calendar
26year.

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1    (d) In all counties that provide by resolution for the
2elimination of the office of coroner pursuant to a referendum,
3the resolution may also provide, as part of the same
4proposition, that the duties of the coroner be taken over by
5another county officer specified by the resolution and
6proposition.
7(Source: P.A. 99-408, eff. 1-1-16.)
8    Section 20-15. The Coroner Training Board Act is amended
9by 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
15or outside the State of Illinois whether privately or publicly
16owned which offers a course in coroner training and has been
17approved by the Department through the Board.
18    "Department" means the Department of Public Health.    
19    "Forensic pathologist" means a board certified pathologist
20certified by the American Board of Pathology.
21    "Local governmental agency" means any local governmental    
22unit of local government or municipal corporation in this
23State. It does not include the State of Illinois or any office,
24officer, department, division, bureau, board, commission, or

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1agency 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;
5vacancies. The Coroner Training Board is created within and
6under the administrative control of the Department. The Board
7shall be composed of 5 members who shall be appointed by the
8Governor as follows: 2 coroners, one forensic pathologist from
9the Cook County Medical Examiner's Office, one forensic
10pathologist from a county other than Cook County, and one
11citizen of Illinois who is not currently or was a coroner or
12forensic pathologist. Board members shall serve 3-year terms
13that expire on the first Monday of August. The initial
14appointments by the Governor shall be made on the first Monday
15of August in 2016 and the initial appointments' terms shall be
16as follows: one coroner and one forensic pathologist shall be
17for a period of one year, the second coroner and the second
18forensic pathologist for 3 years, and the citizen for a period
19of 3 years. Their successors shall be appointed in like manner
20for terms to expire the first Monday of August each 3 years
21thereafter. All members shall serve until their respective
22successors are appointed and qualify. Vacancies shall be
23filled by the Governor for the unexpired terms. This
24amendatory Act of the 104th General Assembly shall not reduce
25or 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
4officers; meetings. The initial meeting of the Board shall be
5held no later than August 31, 2016. The Board shall elect from
6its number a Chairman and Vice-Chairman, shall adopt rules of
7procedure, and shall meet at least 4 times each year.
8    The Department Board may employ an Executive Director and
9other necessary clerical and technical personnel to provide
10administrative support for the Board. Special meetings of the
11Board may be called at any time by the Chairman or upon the
12request of any 2 members. The members of the Board shall serve
13without compensation but shall be entitled to reimbursement
14for their actual expenses in attending meetings and in the
15performance of their duties hereunder from funds appropriated
16for 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    
20Board has the following powers and duties to carry out the
21purposes of this Act:
22    (a) To require units of local government to furnish such
23reports and information as the Board deems necessary to fully
24implement this Act.

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1    (b) To establish by rule appropriate mandatory minimum
2standards relating to the training of coroners, including, but
3not limited to, Part 1760 of Chapter V of Title 20 of the
4Illinois Administrative Code. The Department Board shall
5consult with the Illinois Coroners and Medical Examiners
6Association when adopting mandatory minimum standards.
7    (c) To provide appropriate certification to those coroners
8who successfully complete the prescribed minimum standard
9basic training course.
10    (d) To review and approve annual training curricula    
11curriculum for coroners.
12    (e) To review and approve applicants to ensure no
13applicant is admitted to a coroner training school unless the
14applicant is a person of good character and has not been
15convicted of a felony offense, any of the misdemeanors in
16Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
1712-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,
18or 32-7 of the Criminal Code of 1961 or the Criminal Code of
192012, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of
20the Criminal Code of 1961 or the Criminal Code of 2012, or
21subsection (a) of Section 17-32 of the Criminal Code of 1961 or
22the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis
23Control Act, or a crime involving moral turpitude under the
24laws of this State or any other state, or under federal law,    
25which if committed in this State would be punishable as a
26felony or a crime of moral turpitude. The Department Board may

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1appoint investigators who shall enforce the duties conferred
2upon 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
6Department, through the Board, shall select and certify
7coroner training schools within or outside the State of
8Illinois for the purpose of providing basic training for
9coroners and of providing advanced or in-service training for
10coroners, which schools may be either publicly or privately
11owned and operated. This amendatory Act of the 104th General
12Assembly shall not affect the status of schools selected and
13certified 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
17experience.     
18    (a) The Department, through the Board, shall conduct or
19approve a training program in death investigation for the
20training of coroners. Only coroners who successfully complete
21the training program may be assigned as lead investigators in
22a coroner's investigations. Satisfactory completion of the
23training program shall be evidenced by a certificate issued to
24the coroner by the Board.

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1    (b) The Department, through the Board, shall develop a
2process for waiver applications sent from a coroner's office
3for those coroners whose prior training and experience as a
4death or homicide investigator may qualify them for a waiver.
5The Department, upon the recommendation of the Board, Board    
6may issue a waiver at its discretion, based solely on the prior
7training and experience of a coroner as a death or homicide
8investigator.
9    (c) This amendatory Act of the 104th General Assembly
10shall not affect the status of certifications or waivers
11issued 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
15Department Board may accept contributions, capital grants,
16gifts, donations, services or other financial assistance from
17any individual, association, corporation, the United States of
18America and any of its agencies or instrumentalities, or any
19other organization having a legitimate interest in coroner
20training.
21(Source: P.A. 99-408, eff. 1-1-16.)
22    Section 20-20. The Vital Records Act is amended by
23changing Section 25.5 as follows:

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1    (410 ILCS 535/25.5)
2    Sec. 25.5. Death Certificate Surcharge Fund. The
3additional $2 fee for certified copies of death certificates
4and fetal death certificates must be deposited into the Death
5Certificate Surcharge Fund, a special fund created in the
6State treasury. Moneys Beginning 30 days after the effective
7date of this amendatory Act of the 92nd General Assembly and
8until January 1, 2003 and then beginning again on July 1, 2003
9and until July 1, 2005, moneys in the Fund, subject to
10appropriation, may be used by the Department for the purpose
11of implementing an electronic reporting system for death
12registrations as provided in Section 18.5 of this Act. Before
13the effective date of this amendatory Act of the 92nd General
14Assembly, on and after January 1, 2003 and until July 1, 2003,
15and on and after July 1, 2005, moneys in the Fund, subject to
16appropriations, may be used as follows: (i) 25% by the
17Department of Public Health Coroner Training Board for the
18purpose of training coroners, deputy coroners, forensic
19pathologists, and police officers for death investigations and
20lodging and travel expenses relating to training, (ii) 25% for
21grants by the Department of Public Health for distribution to
22all local county coroners and medical examiners or officials
23charged with the duties set forth under Division 3-3 of the
24Counties Code, who have a different title, for equipment and
25lab facilities, (iii) 25% by the Department of Public Health
26for the purpose of setting up a statewide database of death

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1certificates and implementing an electronic reporting system
2for death registrations pursuant to Section 18.5, and (iv) 25%
3for a grant by the Department of Public Health to local
4registrars.
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
8General Assembly, as amended by Senate Amendment Nos. 2, 4,
9and 5, becomes law, the Illinois Insurance Code is amended by
10changing 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
14State, a pharmacy benefit manager must register with the
15Director. To initially register or renew a registration, a
16pharmacy 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
3required under this Section to the Director in writing within
460 days after the change occurs.
5    (c) Upon receipt of a completed registration form, the
6required documents, and the registration fee, the Director
7shall issue a registration certificate. The certificate may be
8in paper or electronic form, and shall clearly indicate the
9expiration date of the registration. Registration certificates
10are nontransferable.
11    (d) A registration certificate is valid for 2 years after
12its date of issue. The Director shall adopt by rule an initial
13registration fee not to exceed $500 and a registration renewal
14fee not to exceed $500, both of which shall be nonrefundable.
15Total fees may not exceed the cost of administering this
16Section.
17    (e) The Department shall adopt any rules necessary to
18implement this Section.
19    (f) On or before August 1, 2025, the pharmacy benefit
20manager shall submit a report to the Department that lists the
21name of each health benefit plan it administers, provides the
22number of covered individuals for each health benefit plan as
23of the date of submission, and provides the total number of
24covered individuals across all health benefit plans the
25pharmacy benefit manager administers. On or before September
261, 2025, a registered pharmacy benefit manager, as a condition

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1of its authority to transact business in this State, must
2submit to the Department an amount equal to $15 or an alternate
3amount as determined by the Director by rule per covered
4individual enrolled by the pharmacy benefit manager in this
5State, as detailed in the report submitted to the Department
6under this subsection, during the preceding calendar year. On
7or before September 1, 2026 and each September 1 thereafter,
8payments submitted under this subsection shall be based on the
9number of covered individuals reported to the Department in
10Section 513b1.1.
11    (g) All amounts collected under this Section shall be
12deposited into the Prescription Drug Affordability Fund, which
13is hereby created as a special fund in the State treasury. Of
14the amounts collected under this Section each fiscal year, at
15the direction of the Department, the Comptroller shall direct
16and the Treasurer shall transfer the first $25,000,000 into
17the DCEO Projects Fund for grants to support pharmacies under
18Section 605-60 of the Department of Commerce and Economic
19Opportunity Law; then, at the direction of the Department, the
20Comptroller shall direct and the Treasurer shall transfer the
21remainder of the amounts collected under this Section into the
22General Revenue Fund.
23(Source: P.A. 101-452, eff. 1-1-20; 104HB1697sam002, sam004,
24and sam005.)
25
Article 27.

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1    Section 27-5. The Department of Public Health Powers and
2Duties Law of the Civil Administrative Code of Illinois is
3amended 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
7special fund in the State treasury. From appropriations to the
8Department from the Fund, the Department shall make grants to
9public and private entities in the State for the purpose of
10funding research for the treatment and cure of autoimmune
11diseases.
12    (b) For the purposes of this Section:
13    "Autoimmune disease" means any disease that results from
14an aberrant immune response, including, without limitation,
15rheumatoid arthritis, systemic lupus erythematosus, and
16scleroderma.
17    "Research" includes, without limitation, expenditures to
18develop and advance the understanding, techniques, and
19modalities effective in the detection, prevention, screening,
20and treatment of autoimmune disease and may include clinical
21trials. "Research" does not include institutional overhead
22costs, indirect costs, other organizational levies, or costs
23of community-based support services.
24    (c) Moneys received for the purposes of this Section,

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1including, without limitation, income tax checkoff receipts
2and gifts, grants, and awards from any public or private
3entity, must be deposited into the Fund. Any interest earnings
4that are attributable to moneys in the Fund must be deposited
5into the Fund.
6    (d) Notwithstanding any other provision of law, in
7addition to any other transfers that may be provided by law, on
8July 1, 2025, or as soon thereafter as practical, the State
9Comptroller shall direct and the State Treasurer shall
10transfer the remaining balance from the Autoimmune Disease
11Research Fund into the Multiple Sclerosis Research Fund. Upon
12completion of the transfers, the Autoimmune Disease Research
13Fund is dissolved, and any future deposits due to that Fund and
14any outstanding obligations or liabilities of that Fund pass
15to 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
19changing 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
22Section is repealed on January 1, 2026.    
23(Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)

10400HB1075sam002- 365 -LRB104 03072 JDS 27129 a
1    (30 ILCS 105/5.824)
2    Sec. 5.824. The Children's Wellness Charities Fund. This
3Section 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;
7creation. The Children's Wellness Charities Fund is created as
8a special fund in the State treasury. Moneys in the Fund shall
9be used by the Department of Human Services to make grants to
10public or private not-for-profit entities for the purpose of
11administering grants to children's health and well-being
12charities located in Illinois. For the purposes of this
13Section, "children's health and well-being charities" include,
14but are not limited to, charities that provide mobile care
15centers, free or low-cost lodging, or other services to assist
16children who are being treated for illnesses and their
17families. For the purposes of this Section, "mobile care
18center" means any vehicle built specifically for delivering
19pediatric health care services. Notwithstanding any other
20provision of law, in addition to any other transfers that may
21be provided by law, on July 1, 2025, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the remaining balance from the
24Children's Wellness Charities Fund into the Ronald McDonald
25House Charities Fund. Upon completion of the transfers, the

10400HB1075sam002- 366 -LRB104 03072 JDS 27129 a
1Children's Wellness Charities Fund is dissolved, and any
2future deposits due to that Fund and any outstanding
3obligations or liabilities of that Fund pass to the Ronald
4McDonald 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
10repealing Sections 507QQ and 507BBB.
11
Article 30.
12    Section 30-5. The Election Code is amended by changing
13Section 1A-50 as follows:
14    (10 ILCS 5/1A-50)
15    Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC
16Operations Trust Fund (Trust Fund) is created as a
17nonappropriated trust fund to be held outside of the State
18treasury, with the State Treasurer as ex officio custodian.
19The Trust Fund shall be financed by a combination of private
20donations and by appropriations by the General Assembly. The
21Board may accept from all sources, contributions, grants,
22gifts, bequeaths, legacies of money, and securities to be

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1deposited into the Trust Fund. All deposits shall become part
2of the Trust Fund corpus. Moneys in the Trust Fund are not
3subject to appropriation and shall be used by the Board solely
4for the costs and expenses related to the participation in the
5Electronic Registration Information Center pursuant to this
6Code.
7    All gifts, grants, assets, funds, or moneys received by
8the Board for the purpose of participation in the Electronic
9Registration Information Center shall be deposited and held in
10the Trust Fund by the State Treasurer separate and apart from
11all public moneys or funds of this State and shall be
12administered by the Board exclusively for the purposes set
13forth in this Section. All moneys in the Trust Fund shall be
14invested and reinvested by the State Treasurer. All interest
15accruing from these investments shall be deposited into in the
16Trust Fund.
17    The ERIC Operations Trust Fund is not subject to sweeps,
18administrative chargebacks charge-backs, or any other fiscal
19or budgetary maneuver that would in any way transfer any
20amounts from the ERIC Operations Trust Fund into any other
21fund of the State.
22    On July 1, 2025, or as soon thereafter as practical, the
23State Comptroller shall direct and the State Treasurer shall
24transfer the remaining balance from the ERIC Operations Trust
25Fund into the Elections Special Projects Fund. Upon completion
26of the transfer, the ERIC Operations Trust Fund is dissolved,

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1and any future deposits due to that Fund and any outstanding
2obligations or liabilities of that Fund pass to the Elections
3Special Projects Fund.    
4(Source: P.A. 99-522, eff. 6-30-16.)
5    Section 30-10. The State Treasurer Act is amended by
6changing 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
10financial institutions for the provision of banking services
11at the State Capitol and with automated teller machine
12providers for the provision of automated teller machine
13services at State office buildings, State parks, State tourism
14centers, and State fairs at Springfield and DuQuoin. The
15Treasurer shall establish competitive procedures for the
16selection of financial institutions and automated teller
17machine providers to provide the services authorized under
18this Section. No State agency may procure services authorized
19by this Section without the approval of the Treasurer.
20    (b) The Treasurer shall enter into written agreements with
21the authorities having jurisdiction of the property where the
22services are intended to be provided. These agreements shall
23include, but need not be limited to, the quantity of machines
24to be located at the property and the exact location of the

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1service or machine and shall establish responsibility for
2payment of expenses incurred in locating the machine or
3service.
4    (c) The Treasurer's agreement with a financial institution
5or automated teller machine providers may authorize the
6financial institution or automated teller machine providers to
7provide any or all of the banking services that the financial
8institution or automated teller machine providers is otherwise
9authorized by law to provide to the public.
10    The Treasurer's agreement with a financial institution or
11automated teller machine providers shall establish the amount
12of compensation to be paid by the financial institution. The
13financial institution or automated teller machine providers
14shall pay the compensation to the Treasurer in accordance with
15the terms of the agreement. The Treasurer shall deposit moneys
16received under this Section into the State Treasurer's Bank
17Services Trust Fund.
18    (d) This Section does not apply to a State office building
19in which a currency exchange or a credit union providing
20financial 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
23the contrary, and in addition to any other transfers that may
24be provided by law, within 30 days of the effective date of
25this amendatory Act of the 103rd General Assembly, or as soon
26thereafter as practicable, the State Comptroller shall direct

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1and the State Treasurer shall transfer the remaining balance
2from the Treasurer's Rental Fee Fund into the State
3Treasurer's Bank Services Trust Fund. Upon completion of the
4transfer, the Treasurer's Rental Fee Fund is dissolved, and
5any future deposits due to that Fund and any outstanding
6obligations or liabilities of that Fund shall pass to the
7State 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
10by changing Sections 5-10, 50-5, 50-25, 50-30, and 50-35 as
11follows:
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
15in the Department by this Act, or by other laws of this State,
16the 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

10400HB1075sam002- 372 -LRB104 03072 JDS 27129 a
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
23in it by this Act, or by other laws of this State, the
24Department may undertake, but shall not be limited to, the
25following 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
11Services an Office of Opioid Settlement Administration. The
12Office shall be responsible for implementing and administering
13approved abatement programs as described in Exhibit B of the
14Illinois Opioid Allocation Agreement, effective December 30,
152021. The Office may also implement and administer other
16opioid-related programs, including, but not limited to,    
17prevention, treatment, and recovery services from other funds
18made available to the Department of Human Services. The
19Secretary of Human Services shall appoint or assign staff as
20necessary 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;
22103-8, eff. 6-7-23.)
23    (20 ILCS 301/50-5)
24    Sec. 50-5. Prevention and Treatment of Alcoholism and
25Substance Abuse Block Grant Fund. Monies received from the

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1federal government under the Block Grant for the Prevention
2and Treatment of Alcoholism and Substance Abuse shall be
3deposited into the Prevention and Treatment of Alcoholism and
4Substance Abuse Block Grant Fund which is hereby created as a
5federal trust special fund in the State treasury. Monies in
6this fund shall be appropriated to the Department and expended
7for the purposes and activities specified by federal law or
8regulation.
9(Source: P.A. 88-80.)
10    (20 ILCS 301/50-25)
11    Sec. 50-25. Youth Alcoholism and Substance Abuse
12Prevention Fund. There is hereby created in the State treasury
13a special Fund to be known as the Youth Alcoholism and
14Substance Abuse Prevention Fund. Monies in this Fund shall be
15appropriated to the Department and expended for the purpose of
16helping support and establish community-based community based    
17alcohol and other drug abuse prevention programs. On June 30,
182026, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Youth Alcoholism and
21Substance Abuse Prevention Fund into the General Revenue Fund.
22Upon completion of the transfer, the Youth Alcoholism and
23Substance Abuse Prevention Fund is dissolved, and any future
24deposits due to that Fund and any outstanding obligations or
25liabilities of that Fund shall pass to the General Revenue

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1Fund. 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
6Prevention Fund, to be held as a separate fund in the State
7treasury. Monies in this fund shall be appropriated to the
8Department and expended for grants to community-based agencies
9or non-profit organizations providing residential or
10nonresidential treatment or prevention programs or any
11combination thereof.
12    (b) (Blank). There shall be deposited into the Youth Drug
13Abuse Prevention Fund such monies as may be received under the
14income tax checkoff provided for in subsection (b) of this
15Section. There shall also be deposited into this fund such
16monies 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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1the State Comptroller shall direct and the State Treasurer
2shall transfer the remaining balance from the Youth Drug Abuse
3Prevention Fund into the Drug Treatment Fund. Upon completion
4of the transfer, the Youth Drug Abuse Prevention Fund is
5dissolved, and any future deposits due to that Fund and any
6outstanding obligations or liabilities of that Fund shall pass
7to 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
13Fund is hereby established as a special fund within the State
14treasury , to be held as a separate fund in the State treasury.
15There shall be deposited into this fund such amounts as may be
16provided by law received under subsections (h) and (i) of
17Section 411.2 of the Illinois Controlled Substances Act, under
18Section 80 of the Methamphetamine Control and Community
19Protection Act, and under Section 7 of the Controlled
20Substance and Cannabis Nuisance Act, or under Section 6z-107
21of the State Finance Act.
22    (b) Moneys Monies in this fund shall be appropriated to
23the Department for grants to community-based agencies or
24nonprofit organizations providing residential or
25nonresidential treatment or prevention programs or any

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1combination of those programs or as otherwise provided by law    
2the purposes and activities set forth in subsections (h) and
3(i) of Section 411.2 of the Illinois Controlled Substances
4Act, or in Section 7 of the Controlled Substance and Cannabis
5Nuisance 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
8amended 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
11and service programs for abused and neglected children, or
12provide for their administration by not-for-profit
13corporations, community-based organizations or units of local
14government.
15    The Department is hereby designated the single State
16agency for planning and coordination of child abuse and
17neglect prevention programs and services. On or before the
18first Friday in October of each year, the Department shall
19submit to the Governor and the General Assembly a State
20comprehensive child abuse and neglect prevention plan. The
21plan shall: identify priorities, goals and objectives;
22identify the resources necessary to implement the plan,
23including estimates of resources needed to investigate or
24otherwise process reports of suspected child abuse or neglect

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1and to provide necessary follow-up services for child
2protection, family preservation and family reunification in
3"indicated" cases as determined under the Abused and Neglected
4Child Reporting Act; make proposals for the most effective use
5of existing resources to implement the plan, including
6recommendations for the optimum use of private, local public,
7State and federal resources; and propose strategies for the
8development of additional resources to meet the goal of
9reducing the incidence of child abuse and neglect and reducing
10the number of reports of suspected child abuse and neglect
11made to the Department.
12    (b) The administration of child abuse prevention, shelters
13and service programs under subsection (a) shall be funded in
14part by appropriations made from the DCFS Children's Services    
15Child Abuse Prevention Fund, which is hereby created in the
16State Treasury, and in part by appropriations from the General
17Revenue Fund. All interest earned on monies in the Child Abuse
18Prevention Fund shall remain in such fund. The Department and
19the State Treasurer may accept funds as provided by Sections
20507 and 508 of the Illinois Income Tax Act and unsolicited
21private donations for deposit into the Child Abuse Prevention
22Fund. Annual requests for appropriations for the purpose of
23providing child abuse and neglect prevention programs and
24services under this Section shall be made in separate and
25distinct line-items. In setting priorities for the direction
26and scope of such programs, the Director shall be advised by

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1the 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
4monies to fund comprehensive community-based services to
5reduce the incidence of family dysfunction typified by child
6abuse and neglect; to diminish those factors found to increase
7family dysfunction; and to measure the effectiveness and costs
8of such services.
9    (e) For implementing such intergovernmental cooperation
10and involvement, units of local government and public and
11private agencies may apply for and receive federal or State
12funds from the Department under this Act or seek and receive
13gifts from local philanthropic or other private local sources
14in order to augment any State funds appropriated for the
15purposes of this Act.
16    (e-5) The Department may establish and maintain locally
17held funds to be individually known as the Youth in Care
18Support Fund. Moneys in these funds shall be used for
19purchases for the immediate needs of youth in care or for the
20immediate support needs of youth, families, and caregivers
21served by the Department. Moneys paid into funds shall be from
22appropriations made to the DCFS Children's Services Fund.
23Funds remaining in any Youth in Care Support Fund must be
24returned to the DCFS Children's Services Fund upon
25dissolution. Any warrant for payment to a vendor for the same
26product or service for a youth in care shall be payable to the

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1Department to reimburse the immediate payment from the Youth
2in 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
12Illinois 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
16Agriculture, the Department of Public Health, and members of
17the University of Illinois' INHS Medical Entomology Program to
18establish the Lyme Disease Innovation Program no later than
19one year after August 11, 2023 (the effective date of Public
20Act 103-557) this amendatory Act of the 103rd General
21Assembly. The Department shall contract with an Illinois
22not-for-profit organization whose purpose is to raise
23awareness of tick-borne diseases with the public and the
24medical community to operate the Program. The Program's

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1purpose is to raise awareness with the public and to assist
2persons at risk of Lyme disease and other tick-borne diseases
3with education and awareness materials and campaigns while
4developing evidence-based approaches that are cost-effective.
5    (b) The Program shall implement a statewide interagency
6and multipronged approach to combat Lyme disease and other
7tick-borne diseases in Illinois, including adopting an
8evidence-based model that recognizes the key roles that
9patients, advocates, and not-for-profit organizations have in
10fighting Lyme disease and tick-borne diseases. The Program's
11objectives include issuing grants, subject to the approval of
12the Department, to State agencies and Illinois not-for profit
13organizations from moneys in the Lyme Disease Awareness Fund,
14which is hereby established as a special fund in the State
15treasury, 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
12into the Lyme Disease Awareness Fund and other appropriations
13from any lawful source. The not-for-profit organization
14contracted with to operate the Program shall be paid, subject
15to the approval of the Department, for its operation of the
16Program from moneys deposited into the Fund or from other
17appropriations.
18    The University of Illinois' Prairie Research Institute
19shall be paid, subject to the approval of the Department, for
20the INHS Medical Entomology Program's operation of a passive
21tick surveillance and research program from moneys deposited
22into the Fund or from other appropriations.
23    (d) The Department must adopt rules to implement this
24Section.
25    (e) The requirements of this Section are subject to
26appropriation by the General Assembly being made to the

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1Department 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
4changing Section 55 as follows:
5    (20 ILCS 1335/55)
6    Sec. 55. Use of moneys for projects and activities in
7support of 2-1-1-eligible activities.
8    (a) The lead entity shall study, design, implement,
9support, coordinate, and evaluate a statewide State-wide 2-1-1
10system.
11    (b) Activities eligible for assistance from the Department    
122-1-1 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
13repealing Section 50.
14    Section 30-40. The Mental Health and Developmental
15Disabilities Administrative Act is amended by changing Section
1618.5 as follows:
17    (20 ILCS 1705/18.5)
18    Sec. 18.5. Community Developmental Disability Services
19Medicaid Trust Fund; reimbursement.
20    (a) The Community Developmental Disability Services
21Medicaid Trust Fund is hereby created in the State treasury.
22    (b) Beginning in State fiscal year 2019, funds in any
23fiscal year in amounts not exceeding a total of $60,000,000

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1paid to the State by the federal government under Title XIX or
2Title XXI of the Social Security Act for services delivered by
3community developmental disability services providers shall be
4deposited into the Community Developmental Disability Services
5Medicaid Trust Fund to pay for Medicaid-reimbursed community
6developmental disability services provided to eligible
7individuals.
8    (b-5) (Blank).
9    (b-7) The Community Developmental Disability Services
10Medicaid Trust Fund is not subject to administrative
11chargebacks charge-backs.
12    (b-9) (Blank).
13    (b-10) Whenever a State developmental disabilities
14facility operated by the Department is closed and the real
15estate on which the facility is located is sold by the State,
16the net proceeds of the sale of the real estate shall be
17deposited into the Community Developmental Disability Services
18Medicaid Trust Fund and used for the purposes enumerated in
19subsections (c) and (d) of Section 4.6 of the Community
20Services Act.
21    (b-12) The Department may receive gifts, grants, and
22donations from any public or private source in support of
23community developmental disability services, which shall be
24deposited into the Community Developmental Disability Services
25Medicaid Trust Fund.    
26    (c) For purposes of this Section:

10400HB1075sam002- 396 -LRB104 03072 JDS 27129 a
1    "Trust Fund" means the Community Developmental Disability
2Services Medicaid Trust Fund.
3    "Medicaid-reimbursed developmental disability services"
4means services provided by a community developmental
5disability provider under an agreement with the Department
6that is eligible for reimbursement under the federal Title XIX
7program or Title XXI program.
8    "Provider" means a qualified entity as defined in the
9State's Home and Community-Based Services Waiver for Persons
10with Developmental Disabilities that is funded by the
11Department 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
14Duties Law of the Civil Administrative Code of Illinois is
15amended by changing Sections 2310-350 and 2310-371.5 as
16follows:
17    (20 ILCS 2310/2310-350)    (was 20 ILCS 2310/55.70)
18    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
19Cancer Research Fund. From funds appropriated from the Penny
20Severns Breast, Cervical, and Ovarian Cancer Research Fund,
21the Department shall award grants to eligible physicians,
22hospitals, laboratories, education institutions, and other
23organizations and persons to enable organizations and persons
24to conduct research. Disbursements from the Penny Severns

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1Breast, Cervical, and Ovarian Cancer Research Fund for the
2purpose of ovarian cancer research shall be subject to
3appropriations. For the purposes of this Section, "research"
4includes, but is not limited to, expenditures to develop and
5advance the understanding, techniques, and modalities
6effective in early detection, prevention, cure, screening, and
7treatment of breast, cervical, and ovarian cancer and may
8include clinical trials.
9    Moneys received for the purposes of this Section,
10including, but not limited to, income tax checkoff receipts
11and gifts, grants, and awards from private foundations,
12nonprofit organizations, other governmental entities, and
13persons shall be deposited into the Penny Severns Breast,
14Cervical, and Ovarian Cancer Research Fund, which is hereby
15created as a special fund in the State treasury.
16    Notwithstanding any other provision of law, in addition to
17any other transfers that may be provided by law, on June 30,
182026, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Penny Severns Breast,
21Cervical, and Ovarian Cancer Research Fund into the Carolyn
22Adams Ticket For The Cure Grant Fund. Upon completion of the
23transfers, the Penny Severns Breast, Cervical, and Ovarian
24Cancer Research Fund is dissolved, and any future deposits due
25to that Fund and any outstanding obligations or liabilities of
26that Fund pass to the Carolyn Adams Ticket For The Cure Grant

10400HB1075sam002- 398 -LRB104 03072 JDS 27129 a
1Fund.    
2    The Department shall create an advisory committee with
3members from, but not limited to, the Illinois Chapter of the
4American Cancer Society, Y-Me, the Susan G. Komen Foundation,
5and the State Board of Health for the purpose of awarding
6research grants under this Section. Members of the advisory
7committee shall not be eligible for any financial compensation
8or reimbursement. The advisory committee is discontinued on
9June 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
14appropriation, the Department of Public Health has the power
15to make matching grants from the Heartsaver AED Fund, a
16special fund created in the State treasury, to any school in
17the State, public park district, forest preserve district,
18conservation district, sheriff's office, municipal police
19department, municipal recreation department, public library,
20college, or university to assist in the purchase of an
21Automated External Defibrillator. Applicants for AED grants
22must demonstrate that they have funds to pay 50% of the cost of
23the AEDs for which matching grant moneys are sought. Any
24school, public park district, forest preserve district,
25conservation district, sheriff's office, municipal police

10400HB1075sam002- 399 -LRB104 03072 JDS 27129 a
1department, municipal recreation department, public library,
2college, or university applying for the grant shall not
3receive more than one grant from the Heartsaver AED Fund each
4fiscal year. The State Treasurer shall accept and deposit into
5the Fund all gifts, grants, transfers, appropriations, and
6other amounts from any legal source, public or private, that
7are designated for deposit into the Fund.
8    Notwithstanding any other provision of law, in addition to
9any other transfers that may be provided by law, on June 30,
102026, or as soon thereafter as practical, the State
11Comptroller shall direct and the State Treasurer shall
12transfer the remaining balance from the Heartsaver AED Fund
13into the General Revenue Fund. Upon completion of the
14transfers, the Heartsaver AED Fund is dissolved, and any
15future deposits due to that Fund and any outstanding
16obligations or liabilities of that Fund pass to the General
17Revenue 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;
20100-201, eff. 8-18-17.)
21    Section 30-50. The Rehabilitation of Persons with
22Disabilities Act is amended by changing Section 5b as follows:
23    (20 ILCS 2405/5b)
24    Sec. 5b. Home Services Medicaid Trust Fund.

10400HB1075sam002- 400 -LRB104 03072 JDS 27129 a
1    (a) The Home Services Medicaid Trust Fund is hereby
2created as a special fund in the State treasury.
3    (b) Amounts paid to the State during each State fiscal
4year by the federal government under Title XIX or Title XXI of
5the Social Security Act for services delivered in relation to
6the Department's Home Services Program established pursuant to
7Section 3 of this Act, beginning in State fiscal year 2019 in
8amounts not exceeding a total of $234,000,000 in any State
9fiscal year, and any interest earned thereon, shall be
10deposited into the Fund. The Department may also receive
11gifts, grants, and donations from any public or private source
12in support of the Home Services Program, which shall be
13deposited into the Fund.    
14    (c) Moneys in the Fund may be used by the Department for
15the purchase of services, and operational and administrative
16expenses, 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
19Act 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
22Criminal Justice Information Projects Fund is hereby created
23as a special fund in the State Treasury. Grants and other
24moneys obtained by the Authority from governmental entities

10400HB1075sam002- 401 -LRB104 03072 JDS 27129 a
1(other than the federal government), private sources, and
2not-for-profit organizations for use in investigating criminal
3justice issues or undertaking other criminal justice
4information projects, or pursuant to the uses identified in
5Section 21.10 of the Illinois Lottery Law, shall be deposited
6into the Fund. Moneys in the Fund may be used by the Authority,
7subject to appropriation, for undertaking such projects and
8for the operating and other expenses of the Authority
9incidental to those projects, and for the costs associated
10with making grants under Section 9.3 from the Prescription
11Pill and Drug Disposal Fund. The moneys deposited into the
12Criminal Justice Information Projects Fund under Sections
1315-15 and 15-35 of the Criminal and Traffic Assessment Act
14shall be appropriated to and administered by the Illinois
15Criminal Justice Information Authority for distribution to
16fund Illinois State Police drug task forces and Metropolitan
17Enforcement Groups by dividing the funds equally by the total
18number of Illinois State Police drug task forces and Illinois
19Metropolitan Enforcement Groups. Any interest earned on moneys
20in 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.
24The Prescription Pill and Drug Disposal Fund is created as a
25special fund in the State treasury. Moneys in the Fund shall be

10400HB1075sam002- 402 -LRB104 03072 JDS 27129 a
1used for grants by the Illinois Criminal Justice Information
2Authority to local law enforcement agencies for the purpose of
3facilitating the collection, transportation, and incineration
4of pharmaceuticals from residential sources that are collected
5and transported by law enforcement agencies under Section
617.9A of the Environmental Protection Act; to municipalities
7or organizations that establish containers designated for the
8collection and disposal of unused controlled substances and
9conduct collection of unused controlled substances through
10mail-back programs; and for the publication or advertising of
11collection events or mail-back programs conducted by
12municipalities or organizations. Before awarding a grant from
13this Fund but no later than July 1, 2016, the Authority shall
14adopt rules that (i) specify the conditions under which grants
15will be awarded from this Fund and (ii) otherwise provide for
16the implementation and administration of the grant program
17created by this Section. Interest attributable to moneys in
18the Fund shall be paid into the Fund.
19    On July 1, 2025, or as soon thereafter as practical, the
20State Comptroller shall direct and the State Treasurer shall
21transfer the remaining balance from the Prescription Pill and
22Drug Disposal Fund into the Criminal Justice Information
23Projects Fund. Upon completion of the transfer, the
24Prescription Pill and Drug Disposal Fund is dissolved, and any
25future deposits due to that Fund and any outstanding
26obligations or liabilities of that Fund shall pass to the

10400HB1075sam002- 403 -LRB104 03072 JDS 27129 a
1Criminal 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
4by 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
7General has jurisdiction over all State agencies to make post
8audits and investigations authorized by or under this Act or
9the Constitution.
10    The Auditor General has jurisdiction over local government
11agencies 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

10400HB1075sam002- 404 -LRB104 03072 JDS 27129 a
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
6conduct an audit of the Metropolitan Pier and Exposition
7Authority, the Regional Transportation Authority, the Suburban
8Bus Division, the Commuter Rail Division and the Chicago
9Transit Authority and any other subsidized carrier when
10authorized by the Legislative Audit Commission. Such audit may
11be a financial, management or program audit, or any
12combination thereof.
13    The audit shall determine whether they are operating in
14accordance with all applicable laws and regulations. Subject
15to the limitations of this Act, the Legislative Audit
16Commission may by resolution specify additional determinations
17to be included in the scope of the audit.
18    In addition to the foregoing, the Auditor General must
19also conduct a financial audit of the Illinois Sports
20Facilities Authority's expenditures of public funds in
21connection with the reconstruction, renovation, remodeling,
22extension, or improvement of all or substantially all of any
23existing "facility", as that term is defined in the Illinois
24Sports Facilities Authority Act.
25    The Auditor General may also conduct an audit, when
26authorized by the Legislative Audit Commission, of any

10400HB1075sam002- 405 -LRB104 03072 JDS 27129 a
1hospital which receives 10% or more of its gross revenues from
2payments from the State of Illinois, Department of Healthcare
3and Family Services (formerly Department of Public Aid),
4Medical Assistance Program.
5    The Auditor General is authorized to conduct financial and
6compliance audits of the Illinois Distance Learning Foundation
7and the Illinois Conservation Foundation.
8    As soon as practical after August 18, 1995 (the effective
9date of Public Act 89-386) this amendatory Act of 1995, the
10Auditor General shall conduct a compliance and management
11audit of the City of Chicago and any other entity with regard
12to the operation of Chicago O'Hare International Airport,
13Chicago Midway Airport and Merrill C. Meigs Field. The audit
14shall include, but not be limited to, an examination of
15revenues, expenses, and transfers of funds; purchasing and
16contracting policies and practices; staffing levels; and
17hiring practices and procedures. When completed, the audit
18required by this paragraph shall be distributed in accordance
19with Section 3-14.
20    The Auditor General shall conduct a financial and
21compliance and program audit of distributions from the
22Municipal Economic Development Fund during the immediately
23preceding calendar year pursuant to Section 8-403.1 of the
24Public Utilities Act at no cost to the city, village, or
25incorporated town that received the distributions.
26    The Auditor General must conduct an audit of the Health

10400HB1075sam002- 406 -LRB104 03072 JDS 27129 a
1Facilities and Services Review Board pursuant to Section 19.5
2of the Illinois Health Facilities Planning Act.
3    The Auditor General of the State of Illinois shall
4annually conduct or cause to be conducted a financial and
5compliance audit of the books and records of any county water
6commission organized pursuant to the Water Commission Act of
71985 and shall file a copy of the report of that audit with the
8Governor and the Legislative Audit Commission. The filed audit
9shall be open to the public for inspection. The cost of the
10audit shall be charged to the county water commission in
11accordance with Section 6z-27 of the State Finance Act. The
12county water commission shall make available to the Auditor
13General its books and records and any other documentation,
14whether in the possession of its trustees or other parties,
15necessary to conduct the audit required. These audit
16requirements apply only through July 1, 2007.
17    The Auditor General must conduct audits of the Rend Lake
18Conservancy District as provided in Section 25.5 of the River
19Conservancy Districts Act.
20    The Auditor General must conduct financial audits of the
21Southeastern Illinois Economic Development Authority as
22provided in Section 70 of the Southeastern Illinois Economic
23Development Authority Act.
24    The Auditor General shall conduct a compliance audit in
25accordance with subsections (d) and (f) of Section 30 of the
26Innovation Development and Economy Act.

10400HB1075sam002- 407 -LRB104 03072 JDS 27129 a
1(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
296-939, eff. 6-24-10.)
3    Section 30-65. The State Finance Act is amended by
4changing Sections 5.28, 5.119, 5.137, 5.147, 5.282, 5.362,
55.464, 5.515, 5.563, 5.569, 5.613, 5.640, 5.733, 5.772, 5.801,
65.806, 5.825, 5.873, 5.883, 5.968, 6b-4, 6z-95, 6z-135, 8.36,
78g, 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.
10This 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
14Section 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
18Closure, Post-Closure Care and Compensation Fund. This Section
19is 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)

10400HB1075sam002- 408 -LRB104 03072 JDS 27129 a
1    Sec. 5.147. The Child Abuse Prevention Fund. This Section
2is 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
6Prevention 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
10Ovarian Cancer Research Fund. This Section is repealed on
11January 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
15Section 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
19Section 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)

10400HB1075sam002- 409 -LRB104 03072 JDS 27129 a
1    Sec. 5.563. The Illinois Animal Abuse Fund. This Section
2is 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
6Fund. 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
10Section 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
14repealed 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
18Training 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

10400HB1075sam002- 410 -LRB104 03072 JDS 27129 a
1Section 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
5Division Offender Supervision Fund. This Section is repealed
6on 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.
10This 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
14repealed 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
18on 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.

10400HB1075sam002- 411 -LRB104 03072 JDS 27129 a
1This 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
5Fund. 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
9Director of Public Health shall certify to the State
10Comptroller and the State Treasurer the amount generated by
11the issuance of commemorative birth certificates under
12subsection (14) of Section 25 of the Vital Records Act in
13excess of the costs incurred in issuing the documents. Within
1415 days of receipt of the certification required by this
15Section, the State Comptroller and the State Treasurer shall
16transfer from the General Revenue Fund, one-half of the amount
17certified as being received from the issuance of commemorative
18birth certificates to the DCFS Children's Services Child Abuse
19Prevention Fund and one-half of the amount to the Domestic
20Violence Shelter and Service Fund.
21    The State Treasurer shall deposit into the Domestic
22Violence Shelter and Service Fund each assessment received
23under the Criminal and Traffic Assessment Act.
24    The State Treasurer shall deposit into the Sexual Assault

10400HB1075sam002- 412 -LRB104 03072 JDS 27129 a
1Services Fund and the Domestic Violence Shelter and Service
2Fund each of those fines received from circuit clerks under
3Section 5-9-1.7 of the Unified Code of Corrections in
4accordance 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
8Housing for Families Fund is created as a special fund in the
9State treasury. Moneys in the Fund shall be used by the
10Department of Human Services to make grants to public or
11private not-for-profit entities for the purpose of building
12new housing for low income, working poor, low credit, and no
13credit families and families with disabilities. For the
14purposes of this Section, "low income", "working poor",
15"families with disabilities", "low credit", and "no credit
16families" shall be defined by the Department of Human Services
17by rule. Notwithstanding any other provision of law to the
18contrary and in addition to any other transfers that may be
19provided by law, on June 30, 2026, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the remaining balance from the
22Housing for Families Fund into the Homelessness Prevention
23Revenue Fund. Upon completion of the transfer, the Housing for
24Families Fund is dissolved, and any future deposits due to
25that Fund and any outstanding obligations or liabilities of

10400HB1075sam002- 413 -LRB104 03072 JDS 27129 a
1that Fund pass to the Homelessness Prevention Revenue Fund.
2This 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
6Fund.
7    (a) The Law Enforcement Recruitment and Retention Fund is
8hereby created as a special fund in the State Treasury.
9    (b) Subject to appropriation, moneys in the Law
10Enforcement Recruitment and Retention Fund shall be used by
11the Illinois Law Enforcement Training Standards Board to award
12grants to units of local government, public institutions of
13higher education, and qualified nonprofit entities for the
14purpose 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

10400HB1075sam002- 414 -LRB104 03072 JDS 27129 a
1 employers.
2    (d) Moneys received for the purposes of this Section,
3including, but not limited to, fee receipts, gifts, grants,
4and awards from any public or private entity, must be
5deposited into the Fund. Any interest earned on moneys in the
6Fund must be deposited into the Fund.
7    (e) The Illinois Law Enforcement Training Standards Board
8may, by rule, set requirements for the distribution of grant
9moneys and determine which entities are eligible.
10    (f) The Illinois Law Enforcement Training Standards Board
11shall consider compliance with the Uniform Crime Reporting Act
12as a factor in awarding grant moneys.
13    (g) As used in this Section, "qualified nonprofit entity"
14means a nonprofit entity, as defined by the Board by rule, that
15has established experience in recruitment and retention of law
16enforcement officers in Illinois.
17    (h) On June 30, 2026, or as soon thereafter as practical,
18the State Comptroller shall direct and the State Treasurer
19shall transfer the remaining balance from the Law Enforcement
20Recruitment and Retention Fund into the Law Enforcement
21Training Fund. Upon completion of the transfer, the Law
22Enforcement Recruitment and Retention Fund is dissolved, and
23any future deposits due to that Fund and any outstanding
24obligations or liabilities of that Fund shall pass to the Law
25Enforcement Training Fund.    
26(Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)

10400HB1075sam002- 415 -LRB104 03072 JDS 27129 a
1    (30 ILCS 105/8.36)
2    Sec. 8.36. Airport Land Loan Revolving Fund.
3Appropriations for loans to public airport owners by the
4Department of Transportation pursuant to Section 34b of the
5Illinois Aeronautics Act shall be payable from the Airport
6Land Loan Revolving Fund. This Section is repealed on January
71, 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
14provided for by law, on August 30 of each fiscal year's license
15period, the Illinois Liquor Control Commission shall direct
16and the State Comptroller and State Treasurer shall transfer
17from the General Revenue Fund to the Youth Alcoholism and
18Substance Abuse Prevention Fund an amount equal to the number
19of retail liquor licenses issued for that fiscal year
20multiplied by $50. This subsection (c) is inoperative after
21June 30, 2026.    
22    (d) The payments to programs required under subsection (d)
23of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
24be made, pursuant to appropriation, from the special funds

10400HB1075sam002- 416 -LRB104 03072 JDS 27129 a
1referred to in the statutes cited in that subsection, rather
2than directly from the General Revenue Fund.
3    Beginning January 1, 2000, on the first day of each month,
4or as soon as may be practical thereafter, the State
5Comptroller shall direct and the State Treasurer shall
6transfer from the General Revenue Fund to each of the special
7funds from which payments are to be made under subsection (d)
8of Section 28.1 of the Illinois Horse Racing Act of 1975 an
9amount equal to 1/12 of the annual amount required for those
10payments from that special fund, which annual amount shall not
11exceed the annual amount for those payments from that special
12fund for the calendar year 1998. The special funds to which
13transfers shall be made under this subsection (d) include, but
14are not necessarily limited to, the Agricultural Premium Fund;
15the Metropolitan Exposition, Auditorium and Office Building
16Fund, but only through fiscal year 2021 and not thereafter;
17the Fair and Exposition Fund; the Illinois Standardbred
18Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
19the Illinois Veterans' Rehabilitation Fund, but only through
20fiscal year 2026 and not thereafter. Except for transfers
21attributable to prior fiscal years, during State fiscal year
222020 only, no transfers shall be made from the General Revenue
23Fund to the Agricultural Premium Fund, the Fair and Exposition
24Fund, the Illinois Standardbred Breeders Fund, or the Illinois
25Thoroughbred Breeders Fund.
26(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;

10400HB1075sam002- 417 -LRB104 03072 JDS 27129 a
1102-558, eff. 8-20-21.)
2    (30 ILCS 105/8q)
3    Sec. 8q. Illinois Department of Corrections Parole
4Division Offender Supervision Fund.
5    (a) The Illinois Department of Corrections Parole Division
6Offender Supervision Fund is created as a special fund in the
7State treasury.
8    (b) All moneys collected and payable to the Department of
9Corrections and deposited into the Illinois Department of
10Corrections Parole Division Offender Supervision Fund shall be
11appropriated to and administered by the Department of
12Corrections for operations and initiatives to combat and
13supervise paroled offenders in the community.
14    (c) The Illinois Department of Corrections Parole Division
15Offender Supervision Fund shall not be subject to
16administrative chargebacks.
17    (d) On July 1, 2025, or as soon thereafter as practical,
18the State Comptroller shall direct and the State Treasurer
19shall transfer the remaining balance from the Illinois
20Department of Corrections Parole Division Offender Supervision
21Fund into the Department of Corrections Reimbursement and
22Education Fund. Upon completion of the transfer, the Illinois
23Department of Corrections Parole Division Offender Supervision
24Fund is dissolved, and any future deposits due to that Fund and
25any outstanding obligations or liabilities of that Fund pass

10400HB1075sam002- 418 -LRB104 03072 JDS 27129 a
1to the Department of Corrections Reimbursement and Education
2Fund. 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
14repealing Sections 5.734, 5.762, 5.860, 5.874, 5.882, 5.1009,
156z-103, 8.34, and 8.35.
16    Section 30-75. The General Obligation Bond Act is amended
17by 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
20authorized for use by the Department of Transportation for the
21specific purpose of promoting and assuring rapid, efficient,
22and safe highway, air and mass transportation for the
23inhabitants of the State by providing monies, including the

10400HB1075sam002- 419 -LRB104 03072 JDS 27129 a
1making of grants and loans, for the acquisition, construction,
2reconstruction, extension and improvement of the following
3transportation facilities and equipment, and for the
4acquisition of real property and interests in real property
5required or expected to be required in connection therewith as
6follows:
7    (a) $11,921,354,200 for State highways, arterial highways,
8freeways, roads, bridges, structures separating highways and
9railroads and roads, bridges on roads maintained by counties,
10municipalities, townships, or road districts, and grants to
11counties, municipalities, townships, or road districts for
12planning, engineering, acquisition, construction,
13reconstruction, development, improvement, extension, and all
14construction-related expenses of the public infrastructure and
15other transportation improvement projects for the following
16specific 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

10400HB1075sam002- 420 -LRB104 03072 JDS 27129 a
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
14transit facilities, as defined in Section 2705-305 of the
15Department of Transportation Law, including rapid transit,
16rail, bus and other equipment used in connection therewith by
17the State or any unit of local government, special
18transportation district, municipal corporation or other
19corporation or public authority authorized to provide and
20promote public transportation within the State or 2 two or
21more of the foregoing jointly, for the following specific
22purposes:
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,

10400HB1075sam002- 421 -LRB104 03072 JDS 27129 a
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
6any equipment used in connection therewith, including
7engineering and land acquisition costs, by the State or any
8unit of local government, special transportation district,
9municipal corporation or other corporation or public authority
10authorized to provide public transportation within the State,
11or 2 two or more of the foregoing acting jointly, and for the
12making of deposits into the Airport Land Loan Revolving Fund
13for loans to public airport owners pursuant to the Illinois
14Aeronautics Act.
15    (d) $4,660,328,300 for use statewide for State or local
16highways, arterial highways, freeways, roads, bridges, and
17structures separating highways and railroads and roads, and
18for grants to counties, municipalities, townships, or road
19districts for planning, engineering, acquisition,
20construction, reconstruction, development, improvement,
21extension, and all construction-related expenses of the public
22infrastructure and other transportation improvement projects
23which are related to economic development in the State of
24Illinois.
25    (e) $4,500,000,000 for use statewide for grade crossings,
26port facilities, airport facilities, rail facilities, and mass

10400HB1075sam002- 422 -LRB104 03072 JDS 27129 a
1transit facilities, as defined in Section 2705-305 of the
2Department of Transportation Law of the Civil Administrative
3Code of Illinois, including rapid transit, rail, bus and other
4equipment used in connection therewith by the State or any
5unit of local government, special transportation district,
6municipal corporation or other corporation or public authority
7authorized to provide and promote public transportation within
8the 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
11changing Section 507FFF as follows:
12    (35 ILCS 5/507FFF)
13    Sec. 507FFF. Autism Care Fund checkoff. For taxable years
14ending on or after December 31, 2015, the Department must
15print on its standard individual income tax form a provision
16(i) indicating that if the taxpayer wishes to contribute to
17the Autism Care Fund, a special fund created in the State
18treasury, for the purpose of donating to the Autism Society of
19Illinois, as authorized by Public Act 99-423 this amendatory
20Act of the 99th General Assembly, he or she may do so by
21stating the amount of the contribution (not less than $1) on
22the return and (ii) stating that the contribution will reduce
23the taxpayer's refund or increase the amount of payment to
24accompany the return. Failure to remit any amount of increased

10400HB1075sam002- 423 -LRB104 03072 JDS 27129 a
1payment shall reduce the contribution accordingly.
2Notwithstanding any other provision of law, moneys deposited
3into the Autism Care Fund from contributions under this
4Section shall be used by the Department of Human Services to
5make grants to the Autism Society of Illinois. This Section
6does not apply to any amended return. Notwithstanding any
7other provision of law, on June 30, 2026, or as soon thereafter
8as practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the remaining balance from the Autism
10Care Fund into the Autism Awareness Fund. Upon completion of
11the transfers, the Autism Care Fund is dissolved, and any
12future deposits due to that Fund and any outstanding
13obligations or liabilities of that Fund shall pass to the
14Autism Awareness Fund. This Section is repealed on January 1,
152027.    
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
22repealing Sections 507L, 507CCC, 507DDD, and 508.
23    Section 30-90. The Law Enforcement Intern Training Act is
24amended by changing Section 25 as follows:

10400HB1075sam002- 424 -LRB104 03072 JDS 27129 a
1    (50 ILCS 708/25)
2    Sec. 25. Program revenues Police Training Board Services
3Fund. The Board shall charge, collect, or receive fees,
4tuition, or moneys from persons electing to enter the Law
5Enforcement Intern Training Program or the Correctional
6Officer Intern Program equivalent to the costs of providing
7personnel, equipment, services, and training to law
8enforcement interns that, in the judgment judgement of the
9Board, are in the best interest of the State.
10    Through June 30, 2026, all All fees or moneys received by
11the Board under this Act shall be deposited into in a special
12fund in the State Treasury to be known as the Police Training
13Board Services Fund. The moneys deposited into in the Police
14Training Board Services Fund shall be appropriated to the
15Board for expenses of the Board for the administration and
16conduct of training. Beginning June 30, 2026, all fees or
17moneys received by the Board under this Act shall be deposited
18into the Law Enforcement Training Fund.    
19    On June 30, 2026, or as soon thereafter as practical, the
20State Comptroller shall direct and the State Treasurer shall
21transfer the remaining balance from the Police Training Board
22Services Fund into the Law Enforcement Training Fund. Upon
23completion of the transfer, the Police Training Board Services
24Fund is dissolved, and any future deposits due to that Fund and
25any outstanding obligations or liabilities of that Fund pass

10400HB1075sam002- 425 -LRB104 03072 JDS 27129 a
1to the Law Enforcement Training Fund.    
2(Source: P.A. 101-577, eff. 8-23-19.)
3    Section 30-95. The Metropolitan Pier and Exposition
4Authority 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
7MPEA Reserve Fund in the State Treasury. If any amount of the
82010 deficiency amount is paid to the State Treasurer pursuant
9to paragraph (3) of subsection (g) of Section 13 or Section
1013.2 on any date after July 6, 2017 (the effective date of
11Public Act 100-23) this amendatory Act of the 100th General
12Assembly, the Comptroller shall order transferred, and the
13Treasurer shall transfer an equal amount from the General
14Revenue Fund into the MPEA Reserve Fund. Amounts in the MPEA
15Reserve Fund shall be administered by the Treasurer as
16follows:
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

10400HB1075sam002- 426 -LRB104 03072 JDS 27129 a
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,
62025, or as soon thereafter as practical, the State
7Comptroller shall direct and the State Treasurer shall
8transfer the remaining balance from the MPEA Reserve Fund into
9the General Revenue Fund. Upon completion of the transfer, the
10MPEA Reserve Fund is dissolved, and any future deposits due to
11that Fund and any outstanding obligations or liabilities of
12that Fund pass to the General Revenue Fund. This Section is
13repealed 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
16Section 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
20district with a high school may establish one or more
21partnerships with a local police department, county sheriff,
22or police training academy to establish a jobs training
23program for high school students. The school district shall
24establish its partnership or partnerships on behalf of all of

10400HB1075sam002- 427 -LRB104 03072 JDS 27129 a
1the high schools in the district; no high school shall
2establish a partnership for this purpose separate from the
3school district's partnership under this Section. The jobs
4training program shall be open to all students, regardless of
5prior academic history. However, to encourage and maintain
6successful program participation and partnerships, the school
7districts and their partner agencies may impose specific
8program requirements.
9    (b) The State Board of Education shall track participation
10and the success of students participating in the jobs training
11program established under this Section and annually publish a
12report on its website examining the program and its success.
13    (c) Participating counties, school districts, and law
14enforcement partners may seek federal, State, and private
15funds to support the police training academy job training and
16scholarship programs established under Section 65.95 of the
17Higher 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
20amended 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
24processing and handling individual student-level data requests

10400HB1075sam002- 428 -LRB104 03072 JDS 27129 a
1pursuant to an approved data sharing agreement. The fee shall
2not be assessed on any entities that are complying with State
3or federal-mandated reporting. The fee shall be set by the
4Board by rule. Money from the fee shall be deposited into the
5BHE Data and Research Cost Recovery Fund.
6    (b) The Board may not provide personally identifiable
7information on individual students except in the case where an
8approved data sharing agreement is signed that includes
9specific requirements for safeguarding the privacy and
10security of any personally identifiable information in
11compliance with the federal Family Educational Rights and
12Privacy Act of 1974.
13    (c) The BHE Data and Research Cost Recovery Fund is
14created as a special fund in the State treasury. The Board
15shall deposit into the Fund moneys received from processing
16requests for individual student-level data. All moneys in the
17Fund shall be used by the Board, subject to appropriation, for
18costs associated with maintaining and updating the individual
19student-level data systems.
20    (d) On June 30, 2026, or as soon thereafter as practical,
21the State Comptroller shall direct and the State Treasurer
22shall transfer the remaining balance from the BHE Data and
23Research Cost Recovery Fund into the General Revenue Fund.
24Upon completion of the transfer, the BHE Data and Research
25Cost Recovery Fund is dissolved, and any future deposits due
26to that Fund and any outstanding obligations or liabilities of

10400HB1075sam002- 429 -LRB104 03072 JDS 27129 a
1that 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
4Act 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
7program.
8    (a) As used in this Section:
9    "State-controlled State controlled university or community
10college" means those institutions under the administration of
11the Chicago State University Board of Trustees, the Eastern
12Illinois University Board of Trustees, the Governors State
13University Board of Trustees, the Illinois State University
14Board of Trustees, the Northeastern Illinois University Board
15of Trustees, the Northern Illinois University Board of
16Trustees, the Western Illinois University Board of Trustees,
17Southern Illinois University Board of Trustees, University of
18Illinois Board of Trustees, or the Illinois Community College
19Board.
20    "Tuition and fees" does shall not include expenses for any
21sectarian or denominational instruction, the construction or
22maintenance of sectarian or denominational facilities, or any
23other sectarian or denominational purposes or activity.
24    "Fees" means matriculation, graduation, activity, term, or

10400HB1075sam002- 430 -LRB104 03072 JDS 27129 a
1incidental fees. Exemption shall not be granted from any other
2fees, including book rental, service, laboratory, supply, and
3union building fees, hospital and medical insurance fees, and
4any fees established for the operation and maintenance of
5buildings, the income of which is pledged to the payment of
6interest and principal on bonds issued by the governing board
7of any university or community college.
8    (b) Any person who has served at least one year in the
9Illinois National Guard or the Illinois Naval Militia and who
10possesses all necessary entrance requirements shall, upon
11application and proper proof, be awarded a grant to the
12State-controlled university or community college of his or her
13choice, consisting of exemption from tuition and fees for not
14more than the equivalent of 4 years of full-time enrollment,
15including summer terms, in relation to his or her course of
16study at that State-controlled State controlled university or
17community college while he or she is a member of the Illinois
18National Guard or the Illinois Naval Militia. Beginning with
19the 2013-2014 academic year, any person who has served over 10
20years in the Illinois National Guard shall be awarded an
21additional grant to the State-controlled university or
22community college of his or her choice, consisting of an
23exemption from tuition and fees for not more than the
24equivalent of an additional 2 years of full-time enrollment,
25including summer terms. Except as otherwise provided in this
26Section, if the recipient of any grant awarded under this

10400HB1075sam002- 431 -LRB104 03072 JDS 27129 a
1Section ceases to be a member of the Illinois National Guard or
2the Illinois Naval Militia while enrolled in a course of study
3under that grant, the grant shall be terminated as of the date
4membership in the Illinois National Guard or the Illinois
5Naval Militia ended, and the recipient shall be permitted to
6complete the school term in which he or she is then enrolled
7only upon payment of tuition and other fees allocable to the
8part of the term then remaining. If the recipient of a grant
9awarded under this Section ceases to be a member of the
10Illinois National Guard or the Illinois Naval Militia while
11enrolled in a course of study under that grant but (i) has
12served in the Illinois National Guard or the Illinois Naval
13Militia for at least 5 years and (ii) has served a cumulative
14total of at least 6 months of active duty, then that recipient
15shall continue to be eligible for a grant for one year after
16membership in the Illinois National Guard or the Illinois
17Naval Militia ended, provided that the recipient has not
18already received the exemption from tuition and fees for the
19equivalent of 4 years of full-time enrollment, including
20summer terms, under this Section. If the recipient of the
21grant fails to complete his or her military service
22obligations or requirements for satisfactory participation,
23the Department of Military Affairs shall require the recipient
24to repay the amount of the grant received, prorated according
25to the fraction of the service obligation not completed, and,
26if applicable, reasonable collection fees. The Department of

10400HB1075sam002- 432 -LRB104 03072 JDS 27129 a
1Military Affairs may adopt rules relating to its collection
2activities for repayment of the grant under this Section.
3Unsatisfactory participation shall be defined by rules adopted
4by the Department of Military Affairs. Repayments shall be
5deposited into in the National Guard and Naval Militia Grant
6Fund. The National Guard and Naval Militia Grant Fund is
7created as a special fund in the State treasury. All money in
8the National Guard and Naval Militia Grant Fund shall be used,
9subject to appropriation, by the Illinois Student Assistance
10Commission for the purposes of this Section. On June 30, 2026,
11or as soon thereafter as practical, the State Comptroller
12shall direct and the State Treasurer shall transfer the
13remaining balance from the National Guard and Naval Militia
14Grant Fund into the General Revenue Fund. Upon completion of
15the transfer, the National Guard and Naval Militia Grant Fund
16is dissolved, and any future deposits due to that Fund and any
17outstanding obligations or liabilities of that Fund shall pass
18to the General Revenue Fund.    
19    A grant awarded under this Section shall be considered an
20entitlement which the State-controlled university or community
21college in which the holder is enrolled shall honor without
22any condition other than the holder's maintenance of minimum
23grade levels and a satisfactory student loan repayment record
24pursuant to subsection (c) of Section 20 of this Act.
25    (c) Subject to a separate appropriation for such purposes,
26the Commission may reimburse the State-controlled university

10400HB1075sam002- 433 -LRB104 03072 JDS 27129 a
1or 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
5scholarship program.
6    (a) The Commission shall, each year, receive applications
7for scholarships under this Section. An applicant is eligible
8for a scholarship under this Section if the Commission finds
9that the applicant has successfully completed the police
10training academy job training program established under
11Section 22-83 of the School Code and been accepted to a public
12institution of higher learning in the State.
13    (b) Applicants who are determined to be eligible for
14assistance under this Section shall receive, subject to
15appropriation from the Police Training Academy Job Training
16Program and Scholarship Fund, a renewable scholarship to be
17applied to tuition and mandatory fees and paid directly to the
18public institution of higher learning at which the applicant
19is enrolled. However, the total amount of assistance awarded
20by the Commission under this Section to an individual in any
21fiscal year, when added to other financial assistance awarded
22by the Commission to that individual for that fiscal year,
23must not exceed the cost of attendance at the institution of
24higher learning at which the student is enrolled.
25    (c) A scholarship awarded under this Section may be

10400HB1075sam002- 434 -LRB104 03072 JDS 27129 a
1renewed for a total of up to 4 years of full-time enrollment.
2The Commission may by rule set the academic requirements
3necessary to maintain participation in the program.
4    (d) Students granted a scholarship under this Section
5shall be granted access to any needed noncredit remedial
6courses in order to ensure academic success at the public
7institution of higher learning. Students granted a scholarship
8under this Section shall also be admitted to a student
9retention program offered by the public institution of higher
10learning, including, but not limited to, any CHANCE program
11the public institution may have established.
12    (e) The Commission shall make all necessary and proper
13rules not inconsistent with this Section for its effective
14implementation.
15(Source: P.A. 100-331, eff. 1-1-18.)
16    Section 30-115. The Public Utilities Act is amended by
17changing 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
20waste energy facility; tax credit; distributions for economic
21development.
22    (a) It is hereby declared to be the policy of this State to
23encourage the development of alternate energy production
24facilities in order to conserve our energy resources and to

10400HB1075sam002- 435 -LRB104 03072 JDS 27129 a
1provide 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
4determined by the Illinois Commerce Commission to qualify as
5such under the Local Solid Waste Disposal Act, to use methane
6gas generated from landfills as its primary fuel, and to
7possess characteristics that would enable it to qualify as a
8cogeneration or small power production facility under federal
9law.
10    (c) In furtherance of the policy declared in this Section,
11the Illinois Commerce Commission shall require electric
12utilities to enter into long-term contracts to purchase
13electricity from qualified solid waste energy facilities
14located in the electric utility's service area, for a period
15beginning on the date that the facility begins generating
16electricity and having a duration of not less than 10 years in
17the case of facilities fueled by landfill-generated methane,
18or 20 years in the case of facilities fueled by methane
19generated from a landfill owned by a forest preserve district.
20The purchase rate contained in such contracts shall be equal
21to the average amount per kilowatt-hour paid from time to time
22by the unit or units of local government in which the
23electricity generating facilities are located, excluding
24amounts paid for street lighting and pumping service.
25    (d) Whenever a public utility is required to purchase
26electricity pursuant to subsection (c) above, it shall be

10400HB1075sam002- 436 -LRB104 03072 JDS 27129 a
1entitled to credits in respect of its obligations to remit to
2the State taxes it has collected under the Electricity Excise
3Tax Law equal to the amounts, if any, by which payments for
4such electricity exceed (i) the then current rate at which the
5utility must purchase the output of qualified facilities
6pursuant to the federal Public Utility Regulatory Policies Act
7of 1978, less (ii) any costs, expenses, losses, damages or
8other amounts incurred by the utility, or for which it becomes
9liable, arising out of its failure to obtain such electricity
10from such other sources. The amount of any such credit shall,
11in the first instance, be determined by the utility, which
12shall make a monthly report of such credits to the Illinois
13Commerce Commission and, on its monthly tax return, to the
14Illinois Department of Revenue. Under no circumstances shall a
15utility be required to purchase electricity from a qualified
16solid waste energy facility at the rate prescribed in
17subsection (c) of this Section if such purchase would result
18in estimated tax credits that exceed, on a monthly basis, the
19utility's estimated obligation to remit to the State taxes it
20has collected under the Electricity Excise Tax Law. The owner
21or operator shall negotiate facility operating conditions with
22the purchasing utility in accordance with that utility's
23posted standard terms and conditions for small power
24producers. If the Department of Revenue disputes the amount of
25any such credit, such dispute shall be decided by the Illinois
26Commerce Commission. Whenever a qualified solid waste energy

10400HB1075sam002- 437 -LRB104 03072 JDS 27129 a
1facility has paid or otherwise satisfied in full the capital
2costs or indebtedness incurred in developing and implementing
3the qualified solid waste energy facility, whenever the
4qualified solid waste energy facility ceases to operate and
5produce electricity from methane gas generated from landfills,
6or at the end of the contract entered into pursuant to
7subsection (c) of this Section, whichever occurs first, the
8qualified solid waste energy facility shall reimburse the
9Public Utility Fund and the General Revenue Fund in the State
10treasury for the actual reduction in payments to those Funds
11caused by this subsection (d) in a manner to be determined by
12the Illinois Commerce Commission and based on the manner in
13which revenues for those Funds were reduced. The payments
14shall be made to the Illinois Commerce Commission, which shall
15determine the appropriate disbursements to the Public Utility
16Fund and the General Revenue Fund based on this subsection
17(d).
18    (e) The Illinois Commerce Commission shall not require an
19electric utility to purchase electricity from any qualified
20solid waste energy facility which is owned or operated by an
21entity that is primarily engaged in the business of producing
22or selling electricity, gas, or useful thermal energy from a
23source other than one or more qualified solid waste energy
24facilities.
25    (e-5) A qualified solid waste energy facility may receive
26the purchase rate provided in subsection (c) of this Section

10400HB1075sam002- 438 -LRB104 03072 JDS 27129 a
1only for kilowatt-hours generated by the use of methane gas
2generated from landfills. The purchase rate provided in
3subsection (c) of this Section does not apply to electricity
4generated by the use of a fuel that is not methane gas
5generated from landfills. If the Illinois Commerce Commission
6determines that a qualified solid waste energy facility has
7violated the requirement regarding the use of methane gas
8generated from a landfill as set forth in this subsection
9(e-5), then the Commission shall issue an order requiring that
10the qualified solid waste energy facility repay the State for
11all dollar amounts of electricity sales that are determined by
12the Commission to be the result of the violation. As part of
13that order, the Commission shall have the authority to revoke
14the facility's approval to act as a qualified solid waste
15energy facility granted by the Commission under this Section.
16If the amount owed by the qualified solid waste energy
17facility is not received by the Commission within 90 days
18after the date of the Commission's order that requires
19repayment, then the Commission shall issue an order that
20revokes the facility's approval to act as a qualified solid
21waste energy facility granted by the Commission under this
22Section. The Commission's action that vacates prior qualified
23solid waste energy facility approval does not excuse the
24repayment to the State treasury required by subsection (d) of
25this Section for utility tax credits accumulated up to the
26time of the Commission's action. A qualified solid waste

10400HB1075sam002- 439 -LRB104 03072 JDS 27129 a
1energy facility must receive Commission approval before it may
2use any fuel in addition to methane gas generated from a
3landfill in order to generate electricity. If a qualified
4solid waste energy facility petitions the Commission to use
5any fuel in addition to methane gas generated from a landfill
6to generate electricity, then the Commission shall have the
7authority 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
25long-term purchase contract with a qualified solid waste
26energy facility has no duty to determine whether the

10400HB1075sam002- 440 -LRB104 03072 JDS 27129 a
1electricity being purchased was generated by the use of
2methane gas generated from a landfill or was generated by the
3use of some other fuel in violation of the requirements of this
4subsection (e-5).
5    (f) This Section does not require an electric utility to
6construct additional facilities unless those facilities are
7paid for by the owner or operator of the affected qualified
8solid waste energy facility.
9    (g) The Illinois Commerce Commission shall require that:
10(1) electric utilities use the electricity purchased from a
11qualified solid waste energy facility to displace electricity
12generated from nuclear power or coal mined and purchased
13outside the boundaries of the State of Illinois before
14displacing electricity generated from coal mined and purchased
15within the State of Illinois, to the extent possible, and (2)
16electric utilities report annually to the Commission on the
17extent of such displacements.
18    (h) Nothing in this Section is intended to cause an
19electric utility that is required to purchase power hereunder
20to incur any economic loss as a result of its purchase. All
21amounts paid for power which a utility is required to purchase
22pursuant to subparagraph (c) shall be deemed to be costs
23prudently incurred for purposes of computing charges under
24rates authorized by Section 9-220 of this Act. Tax credits
25provided for herein shall be reflected in charges made
26pursuant to rates so authorized to the extent such credits are

10400HB1075sam002- 441 -LRB104 03072 JDS 27129 a
1based upon a cost which is also reflected in such charges.
2    (i) (Blank). Beginning in February 1999 and through
3January 2013, each qualified solid waste energy facility that
4sells electricity to an electric utility at the purchase rate
5described in subsection (c) shall file with the Department of
6Revenue on or before the 15th of each month a form, prescribed
7by the Department of Revenue, that states the number of
8kilowatt hours of electricity for which payment was received
9at that purchase rate from electric utilities in Illinois
10during the immediately preceding month. This form shall be
11accompanied by a payment from the qualified solid waste energy
12facility in an amount equal to six-tenths of a mill ($0.0006)
13per kilowatt hour of electricity stated on the form. Beginning
14on the effective date of this amendatory Act of the 92nd
15General Assembly, a qualified solid waste energy facility must
16file the form required under this subsection (i) before the
1715th of each month regardless of whether the facility received
18any payment in the previous month. Payments received by the
19Department of Revenue shall be deposited into the Municipal
20Economic Development Fund, a trust fund created outside the
21State treasury. The State Treasurer may invest the moneys in
22the Fund in any investment authorized by the Public Funds
23Investment Act, and investment income shall be deposited into
24and become part of the Fund. Moneys in the Fund shall be used
25by the State Treasurer as provided in subsection (j).    
26    Beginning on July 1, 2006 through January 31, 2013, each

10400HB1075sam002- 442 -LRB104 03072 JDS 27129 a
1month the State Treasurer shall certify the following to the
2State 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.
9As soon as practicable after receiving the certification from
10the State Treasurer, the State Comptroller shall transfer from
11the General Revenue Fund to the Municipal Economic Development
12Fund in the State treasury an amount equal to the amount by
13which the amount calculated under item (B) of this paragraph
14exceeds the amount calculated under item (A) of this
15paragraph, if any.    
16    The obligation of a qualified solid waste energy facility
17to make payments into the Municipal Economic Development Fund
18shall terminate upon either: (1) expiration or termination of
19a facility's contract to sell electricity to an electric
20utility at the purchase rate described in subsection (c); or
21(2) entry of an enforceable, final, and non-appealable order
22by a court of competent jurisdiction that Public Act 89-448 is
23invalid. Payments by a qualified solid waste energy facility
24into the Municipal Economic Development Fund do not relieve
25the qualified solid waste energy facility of its obligation to
26reimburse the Public Utility Fund and the General Revenue Fund

10400HB1075sam002- 443 -LRB104 03072 JDS 27129 a
1for the actual reduction in payments to those Funds as a result
2of credits received by electric utilities under subsection
3(d).
4    A qualified solid waste energy facility that fails to
5timely file the requisite form and payment as required by this
6subsection (i) shall be subject to penalties and interest in
7conformance with the provisions of the Illinois Uniform
8Penalty and Interest Act.
9    Every qualified solid waste energy facility subject to the
10provisions of this subsection (i) shall keep and maintain
11records and books of its sales pursuant to subsection (c),
12including payments received from those sales and the
13corresponding tax payments made in accordance with this
14subsection (i), and for purposes of enforcement of this
15subsection (i) all such books and records shall be subject to
16inspection by the Department of Revenue or its duly authorized
17agents or employees.
18    When a qualified solid waste energy facility fails to file
19the form or make the payment required under this subsection
20(i), the Department of Revenue, to the extent that it is
21practical, may enforce the payment obligation in a manner
22consistent with Section 5 of the Retailers' Occupation Tax
23Act, and if necessary may impose and enforce a tax lien in a
24manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, and
255i of the Retailers' Occupation Tax Act. No tax lien may be
26imposed or enforced, however, unless a qualified solid waste

10400HB1075sam002- 444 -LRB104 03072 JDS 27129 a
1energy facility fails to make the payment required under this
2subsection (i). Only to the extent necessary and for the
3purpose of enforcing this subsection (i), the Department of
4Revenue may secure necessary information from a qualified
5solid waste energy facility in a manner consistent with
6Section 10 of the Retailers' Occupation Tax Act.
7    All information received by the Department of Revenue in
8its administration and enforcement of this subsection (i)
9shall be confidential in a manner consistent with Section 11
10of the Retailers' Occupation Tax Act. The Department of
11Revenue may adopt rules to implement the provisions of this
12subsection (i).
13    For purposes of implementing the maximum aggregate
14distribution provisions in subsections (j) and (k), when a
15qualified solid waste energy facility makes a late payment to
16the Department of Revenue for deposit into the Municipal
17Economic Development Fund, that payment and deposit shall be
18attributed to the month and corresponding quarter in which the
19payment should have been made, and the Treasurer shall make
20retroactive distributions or refunds, as the case may be,
21whenever such late payments so require.
22    (j) (Blank). The State Treasurer, without appropriation,
23must make distributions immediately after January 15, April
2415, July 15, and October 15 of each year, up to maximum
25aggregate distributions of $500,000 for the distributions made
26in the 4 quarters beginning with the April distribution and

10400HB1075sam002- 445 -LRB104 03072 JDS 27129 a
1ending with the January distribution, from the Municipal
2Economic Development Fund to each city, village, or
3incorporated town located in Cook County that has approved
4construction within its boundaries of an incinerator that will
5burn recovered wood processed for fuel to generate electricity
6and will commence operation after 2009. Total distributions in
7the aggregate to all qualified cities, villages, and
8incorporated towns in the 4 quarters beginning with the April
9distribution and ending with the January distribution shall
10not exceed $500,000. The amount of each distribution shall be
11determined pro rata based on the population of the city,
12village, or incorporated town compared to the total population
13of all cities, villages, and incorporated towns eligible to
14receive a distribution. Distributions received by a city,
15village, or incorporated town must be held in a separate
16account and may be used only to promote and enhance
17industrial, commercial, residential, service, transportation,
18and recreational activities and facilities within its
19boundaries, thereby enhancing the employment opportunities,
20public health and general welfare, and economic development
21within the community, including administrative expenditures
22exclusively to further these activities. Distributions may
23also be used for cleanup of open dumping from vacant
24properties and the removal of structures condemned by the
25city, village, or incorporated town. These funds, however,
26shall not be used by the city, village, or incorporated town,

10400HB1075sam002- 446 -LRB104 03072 JDS 27129 a
1directly or indirectly, to purchase, lease, operate, or in any
2way subsidize the operation of any incinerator, and these
3funds shall not be paid, directly or indirectly, by the city,
4village, or incorporated town to the owner, operator, lessee,
5shareholder, or bondholder of any incinerator. Moreover, these
6funds shall not be used to pay attorneys fees in any litigation
7relating to the validity of Public Act 89-448. Nothing in this
8Section prevents a city, village, or incorporated town from
9using other corporate funds for any legitimate purpose. For
10purposes of this subsection, the term "municipal waste" has
11the meaning ascribed to it in Section 3.290 of the
12Environmental Protection Act.
13    (k) (Blank). If maximum aggregate distributions of
14$500,000 under subsection (j) have been made after the January
15distribution from the Municipal Economic Development Fund,
16then the balance in the Fund shall be refunded to the qualified
17solid waste energy facilities that made payments that were
18deposited into the Fund during the previous 12-month period.
19The refunds shall be prorated based upon the facility's
20payments in relation to total payments for that 12-month
21period.
22    (l) (Blank). Beginning January 1, 2000, and each January 1
23thereafter, each city, village, or incorporated town that
24received distributions from the Municipal Economic Development
25Fund, continued to hold any of those distributions, or made
26expenditures from those distributions during the immediately

10400HB1075sam002- 447 -LRB104 03072 JDS 27129 a
1preceding year shall submit to a financial and compliance and
2program audit of those distributions performed by the Auditor
3General at no cost to the city, village, or incorporated town
4that received the distributions. The audit should be completed
5by June 30 or as soon thereafter as possible. The audit shall
6be submitted to the State Treasurer and those officers
7enumerated in Section 3-14 of the Illinois State Auditing Act.
8If the Auditor General finds that distributions have been
9expended in violation of this Section, the Auditor General
10shall refer the matter to the Attorney General. The Attorney
11General may recover, in a civil action, 3 times the amount of
12any distributions illegally expended. For purposes of this
13subsection, the terms "financial audit," "compliance audit",
14and "program audit" have the meanings ascribed to them in
15Sections 1-13 and 1-15 of the Illinois State Auditing Act.
16    (m) On and after June 6, 2006 (the effective date of Public
17Act 94-836) this amendatory Act of the 94th General Assembly,
18beginning on the first date on which renewable energy
19certificates or other salable saleable representations are
20sold by a qualified solid waste energy facility, with or
21without the electricity generated by the facility, and
22utilized by an electric utility or another electric supplier
23to comply with a renewable energy portfolio standard mandated
24by Illinois law or mandated by order of the Illinois Commerce
25Commission, that qualified solid waste energy facility may not
26sell electricity pursuant to this Section and shall be exempt

10400HB1075sam002- 448 -LRB104 03072 JDS 27129 a
1from the requirements of subsections (a) through (l) of this
2Section, except that it shall remain obligated for any
3reimbursements required under subsection (d) of this Section.
4All of the provisions of this Section shall remain in full
5force and effect with respect to any qualified solid waste
6energy facility that sold electric energy pursuant to this
7Section at any time before July 1, 2006 and that does not sell
8renewable energy certificates or other salable saleable    
9representations to meet the requirements of a renewable energy
10portfolio standard mandated by Illinois law or mandated by
11order of the Illinois Commerce Commission.
12    (n) Notwithstanding any other provision of law to the
13contrary, beginning on July 1, 2006, the Illinois Commerce
14Commission shall not issue any order determining that a
15facility is a qualified solid waste energy facility unless the
16qualified solid waste energy facility was determined by the
17Illinois Commerce Commission to be a qualified solid waste
18energy facility before July 1, 2006. As a guide to the intent,
19interpretation, and application of Public Act 94-836 this
20amendatory Act of the 94th General Assembly, it is hereby
21declared to be the policy of this State to honor each qualified
22solid waste energy facility contract in existence on June 6,
232006 (the effective date of Public Act 94-836) this amendatory
24Act of the 94th General Assembly if the qualified solid waste
25energy facility continues to meet the requirements of this
26Section for the duration of its respective contract term.

10400HB1075sam002- 449 -LRB104 03072 JDS 27129 a
1(Source: P.A. 96-449, eff. 8-14-09.)
2    Section 30-120. The Illinois Horse Racing Act of 1975 is
3amended by adding Section 57 as follows:
4    (230 ILCS 5/57 new)
5    Sec. 57. Fund dissolution. Notwithstanding any other
6provision of law to the contrary and in addition to any other
7transfers that may be provided by law, on June 30, 2026, or as
8soon thereafter as practical, the State Comptroller shall
9direct and the State Treasurer shall transfer the remaining
10balance from the Illinois Veterans' Rehabilitation Fund into
11the General Revenue Fund. Upon completion of the transfer, the
12Illinois Veterans' Rehabilitation Fund is dissolved, and any
13future deposits due to that Fund and any outstanding
14obligations or liabilities of that Fund pass to the General
15Revenue Fund. This Section is repealed on January 1, 2027.
16    (305 ILCS 43/Act rep.)
17    Section 30-125. The Farmers' Market Technology Improvement
18Program Act is repealed.
19    Section 30-130. The Illinois Pesticide Act is amended by
20changing Sections 13.2, 22.2, and 22.3 as follows:
21    (415 ILCS 60/13.2)

10400HB1075sam002- 450 -LRB104 03072 JDS 27129 a
1    Sec. 13.2. Agrichemical facility.
2    (a) An agrichemical facility located within the State of
3Illinois that was not in existence during the years 1991,
41992, and 1993 and therefore did not pay the registration fee
5of $500 per year per agrichemical facility for those years may
6make a one-time payment of $1,500 to the Department of
7Agriculture for deposit into the Pesticide Control    
8Agrichemical Incident Response Trust Fund to meet the
9eligibility requirement of subdivision (2) of subsection (a)
10of Section 22.3 of this Act. The payment must be received by
11the Department of Agriculture prior to an incident for which
12reimbursement is sought under Section 22.3 to qualify for
13eligibility under subdivision (2) of subsection (a) of Section
1422.3.
15    (b) An agrichemical facility located within the State of
16Illinois that was not in existence during the years 1991,
171992, and 1993 and therefore did not pay the registration fee
18of $500 per year per agrichemical facility for those years may
19also meet the eligibility requirement of subdivision (2) of
20subsection (a) of Section 22.3 of this Act through the
21transfer of eligibility from a facility under the same
22ownership whose operations were discontinued after 1993 and
23replaced by the new facility. To qualify for the eligibility
24transfer, the owner must submit a written request for the
25eligibility transfer to the Department of Agriculture, must
26have paid the $500 registration fee for each of the years 1991,

10400HB1075sam002- 451 -LRB104 03072 JDS 27129 a
11992, and 1993 for the original facility, and completed all
2closure requirements contained in rules promulgated by the
3Department of Agriculture. Upon receipt of the eligibility
4transfer request, the Department of Agriculture shall review
5the submittal and all related containment facility files and
6shall notify the owner whether eligibility can be transferred.
7    (c) An agrichemical facility located within the State of
8Illinois that was in existence during the years 1991, 1992,
9and 1993 but did not pay the registration fee of $500 per year
10per agrichemical facility for those years may make payment of
11the unremitted balance to the Department of Agriculture for
12deposit into the Pesticide Control Agrichemical Incident
13Response Trust Fund to meet the eligibility requirement of
14subdivision (2) of subsection (a) of Section 22.3 of this Act.
15The payment must be received by the Department of Agriculture
16prior to an incident for which reimbursement is sought under
17Section 22.3 to qualify for eligibility under subdivision (2)
18of subsection (a) of Section 22.3.
19    (d) The moneys collected under this Section shall be
20deposited into the Pesticide Control Agrichemical Incident
21Response Trust Fund.
22    (e) For purposes of this Section, "agrichemical facility"
23means 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

10400HB1075sam002- 452 -LRB104 03072 JDS 27129 a
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
12State Treasury to be known as the Agrichemical Incident
13Response Trust Fund. Any funds received by the Director of
14Agriculture from the mandates of Section 13.1 shall be
15deposited with the Treasurer as ex officio ex-officio    
16custodian and held separate and apart from any public money of
17this State, with accruing interest on the trust funds
18deposited into the trust fund. Disbursement from the fund for
19purposes as set forth in this Section shall be by voucher
20ordered by the Director and paid by a warrant drawn by the
21State Comptroller and countersigned by the State Treasurer.
22The Director shall order disbursements from the Agrichemical
23Incident Response Trust Fund only for payment of the expenses
24authorized by this Act. Monies in this trust fund shall not be
25subject to appropriation by the General Assembly but shall be

10400HB1075sam002- 453 -LRB104 03072 JDS 27129 a
1subject to audit by the Auditor General. Should the program be
2terminated, all unobligated funds in the trust fund shall be
3transferred to a trust fund to be used for purposes as
4originally intended or be transferred to the Pesticide Control
5Fund. Interest earned on the Fund shall be deposited into in    
6the Fund. Monies in the Fund may be used by the Department of
7Agriculture 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.

10400HB1075sam002- 454 -LRB104 03072 JDS 27129 a
1    (b) The action undertaken shall be such as may be
2necessary or appropriate to protect human health or the
3environment.
4    (c) The Director of Agriculture is authorized to enter
5into contracts and agreements as may be necessary to carry out
6the Department's duties under this Section.
7    (d) Neither the State, the Director, nor any State
8employee shall be liable for any damages or injury arising out
9of or resulting from any action taken under this Section.
10    (e) (Blank).
11    (f) On July 1, 2025, or as soon thereafter as practical,
12the State Comptroller shall direct and the State Treasurer
13shall transfer the remaining balance from the Agrichemical
14Incident Response Trust Fund into the Pesticide Control Fund.
15Upon completion of the transfer, the Agrichemical Incident
16Response Trust Fund is dissolved, and any future deposits due
17to that Fund and any outstanding obligations or liabilities of
18that 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
22facility is eligible to receive money from the Pesticide
23Control Agrichemical Incident Response Trust Fund for costs of
24response action only if all of the following requirements are
25satisfied:    

10400HB1075sam002- 455 -LRB104 03072 JDS 27129 a
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
11response action to an owner or operator which would result in
12the payment of funds from the Pesticide Control Agrichemical
13Incident Response Trust Fund in excess of $500,000 during a
14calendar year. The Department shall not approve any payment
15from the Fund to reimburse an owner or operator for costs of
16response action incurred by such owner or operator in an
17amount in excess of $500,000 per incident.
18    (c) Notwithstanding subsection (a) or (b), no owner or
19operator is eligible to receive money from the Fund unless the
20owner or operator demonstrates to the Department that, at the
21time of the incident, the agrichemical facility was in
22compliance with requirements adopted by the Department for
23secondary 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

10400HB1075sam002- 456 -LRB104 03072 JDS 27129 a
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
11this Section shall be sent to the Department and partial or
12final payment shall be made only if all of the following are
13satisfied:    
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
2the Department for approval under this Section, the Department
3shall deduct from the amount approved a total of $50,000 plus
410% of the total response costs incurred by that owner or
5operator, but in no event shall the Department deduct in
6excess of $100,000 for each agrichemical facility for which a
7claim is submitted. This deductible amount shall apply
8annually for each agrichemical facility at which costs were
9incurred 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
23action shall be subject to the State of Illinois acquiring, by
24subrogation, the rights of any owner or operator to recover
25the costs of response action for which the Fund has
26compensated the owner or operator from the person responsible

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1or 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
22Management Act is amended by changing Sections 14, 15, 17, and
2321 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
3special fund to be known as the "Low-Level Radioactive Waste
4Facility Development and Operation Fund". All monies within
5the Low-Level Radioactive Waste Facility Development and
6Operation Fund shall be invested by the State Treasurer in
7accordance with established investment practices. Interest
8earned by such investment shall be returned to the Low-Level
9Radioactive Waste Facility Development and Operation Fund. The    
10Except as otherwise provided in this subsection, the Agency
11shall deposit 80% of all receipts from the fees required under
12subsections (a) and (b) of Section 13 in the State Treasury to
13the credit of this Fund. Beginning July 1, 1997, and until
14December 31 of the year in which the Agency approves a proposed
15site under Section 10.3, the Agency shall deposit all fees
16collected under subsections (a) and (b) of Section 13 of this
17Act into the Fund. Subject to appropriation, the Agency is
18authorized to expend all moneys in the Fund in amounts it deems
19necessary 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
14Agency shall to the extent practicable avoid duplicating
15expenditures made by any firm pursuant to a contract awarded
16under this Section.
17    (b) There is hereby created in the State Treasury a
18special fund to be known as the "Low-Level Radioactive Waste
19Facility Closure, Post-Closure Care and Compensation Fund".
20All monies within the Low-Level Radioactive Waste Facility
21Closure, Post-Closure Care and Compensation Fund shall be
22invested by the State Treasurer in accordance with established
23investment practices. Interest earned by such investment shall
24be returned to the Low-Level Radioactive Waste Facility
25Closure, Post-Closure Care and Compensation Fund. The Agency
26shall deposit 20% of all receipts from the fees required under

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1subsections (a) and (b) of Section 13 of this Act in the State
2Treasury to the credit of this Fund, except that, pursuant to
3subsection (a) of Section 14 of this Act, there shall be no
4such deposit into this Fund between July 1, 1997 and December
531 of the year in which the Agency approves a proposed site
6pursuant to Section 10.3 of this Act. All deposits into this
7Fund shall be held by the State Treasurer separate and apart
8from all public money or funds of this State. Subject to
9appropriation, the Agency is authorized to expend any moneys
10in 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,
6the Agency shall deliver to the Governor, the President and
7Minority Leader of the Senate, the Speaker and Minority Leader
8of the House, and each of the generators that have contributed
9during the preceding State fiscal year to the Fund a financial
10statement, certified and verified by the Director, which
11details all receipts and expenditures from the Fund during the
12preceding State fiscal year. The financial statements shall
13identify all sources of income to the Fund and all recipients
14of expenditures from the Fund, shall specify the amounts of
15all the income and expenditures, and shall indicate the
16amounts of all the income and expenditures, and shall indicate
17the purpose for all expenditures.
18    On July 1, 2025, or as soon thereafter as practical, the
19State Comptroller shall direct and the State Treasurer shall
20transfer the remaining balance from the Low-Level Radioactive
21Waste Facility Closure, Post-Closure Care and Compensation
22Fund into the Low-Level Radioactive Waste Facility Development
23and Operation Fund. Upon completion of the transfer, the
24Low-Level Radioactive Waste Facility Closure, Post-Closure
25Care and Compensation Fund is dissolved, and any future
26deposits due to that Fund and any outstanding obligations or

10400HB1075sam002- 464 -LRB104 03072 JDS 27129 a
1liabilities of that Fund shall pass to the Low-Level
2Radioactive Waste Facility Development and Operation Fund.    
3    (c) (Blank).
4    (d) The Agency may accept for any of its purposes and
5functions any donations, grants of money, equipment, supplies,
6materials, and services from any state or the United States,
7or from any institution, person, firm or corporation. Any
8donation or grant of money received after January 1, 1986    
9shall be deposited into in either the Low-Level Radioactive
10Waste Facility Development and Operation Fund or the Low-Level
11Radioactive Waste Facility Closure, Post-Closure Care and
12Compensation Fund, in accordance with the purpose of the
13grant.
14(Source: P.A. 100-146, eff. 1-1-18.)
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
18Section for compensation of a loss caused by the release, in
19Illinois, of radioactivity from the regional disposal
20facility. The Agency shall prescribe appropriate forms and
21procedures for claims filed pursuant to this Section, which
22shall 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.    

10400HB1075sam002- 465 -LRB104 03072 JDS 27129 a
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
17requested by the claimant, within 60 days of submission of a
18claim to the Agency. The Director shall render a decision on a
19claim within 30 days of the hearing unless all of the parties
20to the claim agree in writing to an extension of time. All
21decisions rendered by the Director shall be in writing, with
22notification to all appropriate parties. The decision shall be
23considered a final administrative decision for the purposes of
24judicial review.
25    (c) The following losses shall be compensable under this
26Section, provided that the Agency has found that the claimant

10400HB1075sam002- 466 -LRB104 03072 JDS 27129 a
1has established, by the weight of the evidence, that the
2losses were proximately caused by the designated release and
3are 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
17Section later than 5 years from the date of discovery of the
18damage or loss.
19    (e) Compensation for any damage or loss under this Section
20shall preclude indemnification or reimbursement from any other
21source for the identical damage or loss, and indemnification
22or reimbursement from any other source shall preclude
23compensation under this Section.
24    (f) The Agency shall adopt, and revise when appropriate,
25rules and regulations necessary to implement the provisions of
26this Section, including methods that provide for establishing

10400HB1075sam002- 467 -LRB104 03072 JDS 27129 a
1that a claimant has exercised reasonable diligence in
2satisfying the conditions of the application requirements, for
3specifying the proof necessary to establish a damage or loss
4compensable under this Section and for establishing the
5administrative procedures to be followed in reviewing claims.
6    (g) Claims approved by the Director shall be paid from the
7Low-Level Radioactive Waste Facility Development and Operation    
8Closure, Post-Closure Care and Compensation Fund, except that
9claims shall not be paid in excess of the amount available in
10the Fund. In the case of insufficient amounts in the Fund to
11satisfy claims against the Fund, the General Assembly may
12appropriate monies to the Fund in amounts it deems necessary
13to 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
18Section 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
21Section 13 shall be liable to a civil penalty not to exceed 4
22times the amount of the fees not paid.
23    (c) At the request of the Agency, the civil penalties
24shall be recovered in an action brought by the Attorney
25General on behalf of the State in the circuit court in which

10400HB1075sam002- 468 -LRB104 03072 JDS 27129 a
1the violation occurred. All amounts collected from fines under
2this Section shall be deposited into in the Low-Level
3Radioactive Waste Facility Development and Operation Closure,
4Post-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
8Central Midwest Interstate Low-Level Radioactive Waste Compact
9and has as its resident a generator shall be liable for the
10cost of post-closure care in excess of funds available from
11the Low-Level Radioactive Waste Facility Development and
12Operation Closure, Post-Closure Care and Compensation Fund or
13from any liability insurance or other means of establishing
14financial responsibility in an amount sufficient to provide
15for any necessary corrective actions or liabilities arising
16during the period of post-closure care. The extent of such
17liability shall not be in excess of the prorated share of the
18volume of waste placed in the facility by the generators of
19each state which has enacted the Central Midwest Interstate
20Low-Level Radioactive Waste Compact. However, this Section
21shall not apply to a party state with a total volume of waste
22recorded on low-level radioactive waste manifests for any year
23that is less than 10 percent of the total volume recorded on
24such manifests for the region during the same year.
25(Source: P.A. 84-1406.)

10400HB1075sam002- 469 -LRB104 03072 JDS 27129 a
1    Section 30-140. The Radioactive Waste Tracking and
2Permitting Act is amended by changing Section 15 as follows:
3    (420 ILCS 37/15)
4    Sec. 15. Permit requirements for the storage, treatment,
5and disposal of waste at a disposal facility.
6    (a) Upon adoption of regulations under subsection (c) of
7this Section, no person shall deposit any low-level
8radioactive waste at a storage, treatment, or disposal
9facility in Illinois licensed under Section 8 of the Illinois
10Low-Level Radioactive Waste Management Act without a permit
11granted by the Agency.
12    (b) Upon adoption of regulations under subsection (c) of
13this Section, no person shall operate a storage, treatment, or
14disposal facility licensed under Section 8 of the Illinois
15Low-Level Radioactive Waste Management Act without a permit
16granted by the Agency.
17    (c) The Agency shall adopt regulations providing for the
18issuance, suspension, and revocation of permits required under
19subsections (a) and (b) of this Section. The regulations may
20provide a system for tracking low-level radioactive waste to
21ensure that waste that other states are responsible for
22disposing of under federal law does not become the
23responsibility of the State of Illinois. The regulations shall
24be consistent with the Federal Hazardous Materials

10400HB1075sam002- 470 -LRB104 03072 JDS 27129 a
1Transportation Act.
2    (d) The Agency may enter into a contract or contracts for
3operation of the system for tracking low-level radioactive
4waste as provided in subsection (c) of this Section.
5    (e) A person who violates this Section or any regulation
6promulgated under this Section shall be subject to a civil
7penalty, not to exceed $10,000, for each violation. Each day a
8violation continues shall constitute a separate offense. A
9person who fails to pay a civil penalty imposed by a regulation
10adopted under this Section, or any portion of the penalty, is
11liable in a civil action in an amount not to exceed 4 times the
12amount imposed and not paid. At the request of the Agency, the
13Attorney General shall, on behalf of the State, bring an
14action for the recovery of any civil penalty provided for by
15this Section. Any civil penalties so recovered shall be
16deposited into in the Low-Level Radioactive Waste Facility
17Development and Operation Closure, Post-Closure Care and
18Compensation Fund.
19(Source: P.A. 103-569, eff. 6-1-24.)
20    Section 30-145. The Humane Care for Animals Act is amended
21by changing Section 16.4 as follows:
22    (510 ILCS 70/16.4)
23    Sec. 16.4. Illinois Animal Abuse Fund. The Illinois Animal
24Abuse Fund is created as a special fund in the State treasury.

10400HB1075sam002- 471 -LRB104 03072 JDS 27129 a
1Moneys in the Fund may be used, subject to appropriation, by
2the Department of Agriculture to investigate animal abuse and
3neglect under this Act. On June 30, 2026, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the remaining balance from the
6Illinois Animal Abuse Fund into the Livestock Management
7Facilities Fund. Upon completion of the transfer, the Illinois
8Animal Abuse Fund is dissolved, and any future deposits due to
9that Fund and any outstanding obligations or liabilities of
10that Fund shall pass to the Livestock Management Facilities
11Fund. 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
14changing 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
20Treasury entitled the Illinois Habitat Fund created in Section
2115 of this Act.
22    "Trust Fund" means the Illinois Habitat Endowment Trust
23Fund created in Section 15 of this Act.
24(Source: P.A. 89-445, eff. 2-7-96.)

10400HB1075sam002- 472 -LRB104 03072 JDS 27129 a
1    (520 ILCS 25/15)
2    Sec. 15. The Illinois Habitat Fund and the Illinois
3Habitat Endowment Trust Fund.
4    (a) There is established in the State treasury a special
5fund entitled the Illinois Habitat Fund. The moneys in this
6fund shall be used, subject pursuant to appropriation,
7exclusively by the Department for the preservation and
8maintenance of high quality habitat lands. The Illinois
9Habitat Fund shall be financed through transfers of investment
10income earned by the Illinois Habitat Endowment Trust Fund
11created in this Section, deposits of fees from the sale of
12State Habitat Stamps and artwork as provided for in the
13Wildlife Code, and revenue derived from the sale of Sportsmen
14Series license plates. The Department may accept, from all
15sources, contributions, grants, gifts, bequests, legacies of
16money, and securities to be deposited into the Illinois
17Habitat Fund. All interest earned and accrued from moneys in    
18deposited into the Illinois Habitat Fund shall be deposited
19monthly by the State Treasurer into the Illinois Habitat Fund.
20    (b) The Illinois Habitat Endowment Trust Fund is created
21as a trust fund in the State treasury. The Trust Fund shall be
22financed by a combination of private donations and transfers
23or deposits from the Park and Conservation Fund or any other
24fund authorized by law. The Department may accept, from all
25sources, contributions, grants, gifts, bequests, legacies of

10400HB1075sam002- 473 -LRB104 03072 JDS 27129 a
1money, and securities to be deposited into the Trust Fund. All
2deposits shall become part of the Trust Fund corpus. Moneys in
3the Trust Fund are not subject to appropriation and shall be
4used solely to provide financing to the Illinois Habitat Fund.
5All gifts, grants, assets, funds, or moneys received by the
6Department under this Act shall be deposited and held by the
7State Treasurer as ex officio custodian thereof, separate and
8apart from all public moneys or funds of this State in a trust
9fund established in accordance with State law, and shall be
10administered by the Director exclusively for the purposes set
11forth in this Act. All moneys in the Trust Fund are to be
12invested and reinvested by the State Treasurer. All interest
13accruing from these investments shall be deposited into in the
14Trust Fund. Notwithstanding any other provision of law, in
15addition to any other transfers that may be provided by law, on
16July 1, 2025, or as soon thereafter as practical, the State
17Comptroller shall direct and the State Treasurer shall
18transfer the remaining balance from the Illinois Habitat
19Endowment Trust Fund into the Illinois Habitat Fund. Upon
20completion of the transfer, the Illinois Habitat Endowment
21Trust Fund is dissolved, and any future deposits due to that
22Fund and any outstanding obligations or liabilities of that
23Fund pass to the Illinois Habitat Fund.    
24(Source: P.A. 89-611, eff. 1-1-97.)
25    (520 ILCS 25/30)

10400HB1075sam002- 474 -LRB104 03072 JDS 27129 a
1    Sec. 30. Advisory Committee. The Illinois Habitat Fund
2Advisory Committee is created. The purpose of the Committee is
3to advise the Director on the use of funds from the Illinois
4Habitat Fund and on other matters pertaining to the purposes
5of this Act. The Committee shall consist of: (1) the Chief of
6Wildlife Resources Division or his designee, (2) the Chief of
7the Land Management Division or his designee, (3) 3 or more
8representatives from statewide conservation organizations
9appointed by the Director, (4) one person who is a landowner in
10the State of Illinois and who is not affiliated with any other
11group or organization with representation on the Committee,
12and (5) 3 or more representatives appointed by the Director
13who are from nonprofit institutions, corporations, or
14universities within the State and actively involved in habitat
15conservation, enhancement, or restoration. The Committee shall
16review and recommend all allocation of funds from the Illinois    
17State Habitat Fund, with the exception of revenue derived from
18the sale of Sportsmen Series license plates. Members of the
19Committee shall serve without compensation, but expenses
20incurred in the performance of their duties shall be
21reimbursed by the Department. The Committee shall initiate the
22performance of its duties at the time the corpus of the Habitat
23Endowment Trust Fund attains a level of $10 million.
24(Source: P.A. 89-611, eff. 1-1-97.)
25    (520 ILCS 25/20 rep.)

10400HB1075sam002- 475 -LRB104 03072 JDS 27129 a
1    Section 30-155. The Habitat Endowment Act is amended by
2repealing Section 20.
3    Section 30-160. The Illinois Aeronautics Act is amended by
4changing Section 34b as follows:
5    (620 ILCS 5/34b)
6    Sec. 34b. Airport Land Loan Program.
7    (a) The Department may make loans to public airport owners
8for the purchase of any real estate interests as may be needed
9for essential airport purposes, including future needs,
10subject 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
17Fund, subject to appropriation. All repayments of loans made
18pursuant to this Section, including interest thereon and
19penalties, shall be deposited into in the Airport Land Loan
20Revolving Fund. The Treasurer shall deposit all investment
21earnings arising from balances in the Airport Land Loan
22Revolving Fund in that Fund.
23    (b) All loans under this Section shall be made by contract
24between the Department and the public airport owner, which

10400HB1075sam002- 476 -LRB104 03072 JDS 27129 a
1contract 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

10400HB1075sam002- 477 -LRB104 03072 JDS 27129 a
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
4appropriate to implement this Airport Land Loan Program.
5    (d) The Airport Land Loan Revolving Fund is created in the
6State Treasury.
7    (e) On July 1, 2025, or as soon thereafter as practical,
8the State Comptroller shall direct and the State Treasurer
9shall transfer the remaining balance from the Airport Land
10Loan Revolving Fund into the General Obligation Bond
11Retirement and Interest Fund. Upon completion of the transfer,
12the 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.)
15    Section 30-165. The Illinois Vehicle Code is amended by
16changing Sections 3-643, 3-684, 3-690, 3-699.14, and 11-501.01
17as follows:
18    (625 ILCS 5/3-643)
19    Sec. 3-643. Mammogram license plates.
20    (a) The Secretary, upon receipt of an application made in
21the form prescribed by the Secretary, may issue special
22registration plates designated as Mammogram license plates.
23The special plates issued under this Section shall be affixed
24only to passenger vehicles of the first division, motorcycles,

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1autocycles, and motor vehicles of the second division weighing
2not more than 8,000 pounds. Plates issued under this Section
3shall expire according to the multi-year procedure established
4by Section 3-414.1 of this Code.
5    (b) The design and color of the plates is wholly within the
6discretion of the Secretary, except that the phrase
7"Mammograms Save Lives" shall be on the plates. The Secretary
8may allow the plates to be issued as vanity plates or
9personalized under Section 3-405.1 of the Code. The Secretary
10shall prescribe stickers or decals as provided under Section
113-412 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
14registration fee. Of this fee, $10 shall be deposited into the
15Mammogram Fund and $15 shall be deposited into the Secretary
16of State Special License Plate Fund, to be used by the
17Secretary to help defray the administrative processing costs.
18    For each registration renewal period, a $25 fee, in
19addition to the appropriate registration fee, shall be
20charged. Of this fee, $23 shall be deposited into the
21Mammogram Fund and $2 shall be deposited into the Secretary of
22State Special License Plate Fund.
23    (d) The Mammogram Fund is created as a special fund in the
24State treasury. All money in the Mammogram Fund shall be paid,
25subject to appropriation by the General Assembly and
26distribution by the Illinois Department of Public Health for ,

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1to the Illinois Breast and Cervical Cancer Program for patient
2navigation services specifically for populations with the
3highest rates of breast cancer mortality in the State.
4(Source: P.A. 102-967, eff. 1-1-23; 103-843, eff. 1-1-25.)
5    (625 ILCS 5/3-684)
6    Sec. 3-684. Illinois EMS Memorial Scholarship and Training
7license plate.
8    (a) The Secretary, upon receipt of an application made in
9the form prescribed by the Secretary of State, may issue
10special registration plates designated to be Illinois EMS
11Memorial Scholarship and Training license plates. The special
12plates issued under this Section shall be affixed only to
13passenger vehicles of the first division, motorcycles,
14autocycles, motor vehicles of the second division weighing not
15more than 8,000 pounds, recreational vehicles as defined in
16Section 1-169 of this Code, and subject to the staggered
17registration system. Plates issued under this Section shall
18expire according to the multi-year procedure established by
19Section 3-414.1 of this Code.
20    (b) The design and color of the plates shall be wholly
21within the discretion of the Secretary of State. The Secretary
22of State may, in his or her discretion, allow the plates to be
23issued as vanity plates or personalized in accordance with
24Section 3-405.1 of this Code. The plates are not required to
25designate "Land of Lincoln", as prescribed in subsection (b)

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1of Section 3-412 of this Code. The Secretary of State shall
2prescribe stickers or decals as provided under Section 3-412.
3    (c) An applicant shall be charged a $27 fee for original
4issuance in addition to the applicable registration fee. Of
5this additional fee, $15 shall be deposited into the Secretary
6of State Special License Plate Fund and $12 shall be deposited
7into the Illinois EMS Memorial Scholarship and Training Fund.
8For each registration renewal period, a $17 fee, in addition
9to the appropriate registration fee, shall be charged. Of this
10fee, $2 shall be deposited into the Secretary of State Special
11License Plate Fund and $15 shall be deposited into the
12Illinois EMS Memorial Scholarship and Training Fund.
13    (d) The Illinois EMS Memorial Scholarship and Training
14Fund is created as a special fund in the State treasury. All
15money in the Illinois EMS Memorial Scholarship and Training
16Fund shall, subject to appropriation by the General Assembly
17and distribution by the Secretary of State, as grants to the
18EMS Memorial Scholarship and Training Council, a
19not-for-profit corporation, for the purposes (i) of providing
20scholarships for graduate study, undergraduate study, or both,
21to children and spouses of emergency medical services (EMS)
22personnel killed in the course of their employment, and (ii)
23for grants for the training of EMS personnel.
24    (e) On July 1, 2025, or as soon thereafter as practical,
25the State Comptroller shall direct and the State Treasurer
26shall transfer the remaining balance from the Illinois EMS

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1Memorial Scholarship and Training Fund into the Secretary of
2State Special License Plate Fund. Upon completion of the
3transfer, the Illinois EMS Memorial Scholarship and Training
4Fund is dissolved, and any future deposits due to that Fund and
5any outstanding obligations or liabilities of that Fund shall
6pass 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.)
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
12Secretary, upon receipt of all applicable fees and
13applications made in the form prescribed by the Secretary of
14State, may issue St. Jude Children's Research Hospital license
15plates. The special St. Jude Children's Research Hospital
16plate issued under this Section shall be affixed only to
17passenger vehicles of the first division, motorcycles,
18autocycles, and motor vehicles of the second division weighing
19not more than 8,000 pounds. Plates issued under this Section
20shall expire according to the staggered multi-year procedure
21established by Section 3-414.1 of this Code.
22    (b) The design, color, and format of the plates shall be
23wholly within the discretion of the Secretary of State.
24Appropriate documentation, as determined by the Secretary,
25must accompany each application. The Secretary, in his or her

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1discretion, shall approve and prescribe stickers or decals as
2provided 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
5registration fee. Of this fee, $25 shall be deposited into the
6St. Jude Children's Research Fund and $15 shall be deposited
7into the Secretary of State Special License Plate Fund, to be
8used by the Secretary to help defray the administrative
9processing costs. For each registration renewal period, a $27
10fee, in addition to the appropriate registration fee, shall be
11charged. Of this fee, $25 shall be deposited into the St. Jude
12Children's Research Fund and $2 shall be deposited into the
13Secretary of State Special License Plate Fund.
14    (d) The St. Jude Children's Research Fund is created as a
15special fund in the State treasury. All money in the St. Jude
16Children's Research Fund shall be paid, subject to
17appropriation by the General Assembly and distribution by the
18Secretary, as grants to St. Jude Children's Research Hospital
19for pediatric treatment and research. All interest earned on
20moneys in the Fund shall be deposited into the Fund. The Fund
21shall not be subject to administrative charges or chargebacks,
22such as but not limited to those authorized under Section 8h of
23the State Finance Act.
24    (e) On July 1, 2025, or as soon thereafter as practical,
25the State Comptroller shall direct and the State Treasurer
26shall transfer the remaining balance from the St. Jude

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1Children's Research Fund into the Secretary of State Special
2License Plate Fund. Upon completion of the transfer, the St.
3Jude Children's Research Fund is dissolved, and any future
4deposits due to that Fund and any outstanding obligations or
5liabilities of that Fund shall pass to the Secretary of State
6Special License Plate Fund.
7    (f) This Section is repealed on January 1, 2026.    
8(Source: P.A. 103-843, eff. 1-1-25.)
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
12Secretary, upon receipt of all applicable fees and
13applications made in the form prescribed by the Secretary, may
14issue Universal special license plates to residents of
15Illinois on behalf of organizations that have been authorized
16by the General Assembly to issue decals for Universal special
17license plates. Appropriate documentation, as determined by
18the Secretary, shall accompany each application. Authorized
19organizations shall be designated by amendment to this
20Section. When applying for a Universal special license plate
21the applicant shall inform the Secretary of the name of the
22authorized organization from which the applicant will obtain a
23decal to place on the plate. The Secretary shall make a record
24of that organization and that organization shall remain
25affiliated with that plate until the plate is surrendered,

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1revoked, or otherwise canceled cancelled. The authorized
2organization may charge a fee to offset the cost of producing
3and distributing the decal, but that fee shall be retained by
4the authorized organization and shall be separate and distinct
5from any registration fees charged by the Secretary. No decal,
6sticker, or other material may be affixed to a Universal
7special license plate other than a decal authorized by the
8General Assembly in this Section or a registration renewal
9sticker. The special plates issued under this Section shall be
10affixed only to passenger vehicles of the first division,
11including motorcycles and autocycles, or motor vehicles of the
12second division weighing not more than 8,000 pounds. Plates
13issued under this Section shall expire according to the
14multi-year procedure under Section 3-414.1 of this Code.
15    (b) The design, color, and format of the Universal special
16license plate shall be wholly within the discretion of the
17Secretary. Universal special license plates are not required
18to designate "Land of Lincoln", as prescribed in subsection
19(b) of Section 3-412 of this Code. The design shall allow for
20the application of a decal to the plate. Organizations
21authorized by the General Assembly to issue decals for
22Universal special license plates shall comply with rules
23adopted by the Secretary governing the requirements for and
24approval of Universal special license plate decals. The
25Secretary may, in his or her discretion, allow Universal
26special license plates to be issued as vanity or personalized

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1plates in accordance with Section 3-405.1 of this Code. The
2Secretary of State must make a version of the special
3registration plates authorized under this Section in a form
4appropriate for motorcycles and autocycles.
5    (c) When authorizing a Universal special license plate,
6the General Assembly shall set forth whether an additional fee
7is to be charged for the plate and, if a fee is to be charged,
8the amount of the fee and how the fee is to be distributed.
9When necessary, the authorizing language shall create a
10special fund in the State treasury into which fees may be
11deposited for an authorized Universal special license plate.
12Additional fees may only be charged if the fee is to be paid
13over to a State agency or to a charitable entity that is in
14compliance with the registration and reporting requirements of
15the Charitable Trust Act and the Solicitation for Charity Act.
16Any charitable entity receiving fees for the sale of Universal
17special license plates shall annually provide the Secretary of
18State a letter of compliance issued by the Attorney General
19verifying that the entity is in compliance with the Charitable
20Trust Act and the Solicitation for Charity Act.
21    (d) Upon original issuance and for each registration
22renewal period, in addition to the appropriate registration
23fee, if applicable, the Secretary shall collect any additional
24fees, if required, for issuance of Universal special license
25plates. The fees shall be collected on behalf of the
26organization designated by the applicant when applying for the

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1plate. All fees collected shall be transferred to the State
2agency on whose behalf the fees were collected, or paid into
3the special fund designated in the law authorizing the
4organization to issue decals for Universal special license
5plates. All money in the designated fund shall be distributed
6by the Secretary subject to appropriation by the General
7Assembly.
8    (e) The following organizations may issue decals for
9Universal special license plates with the original and renewal
10fees 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

10400HB1075sam002- 491 -LRB104 03072 JDS 27129 a
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
14the 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;
2102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
38-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
4eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
5103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.
61-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
7eff. 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
11sentencing or an order for supervision, for an offense based
12upon an arrest for a violation of Section 11-501 or a similar
13provision of a local ordinance, individuals shall be required
14to undergo a professional evaluation to determine if an
15alcohol, drug, or intoxicating compound abuse problem exists
16and the extent of the problem, and undergo the imposition of
17treatment as appropriate. Programs conducting these
18evaluations shall be licensed by the Department of Human
19Services. The cost of any professional evaluation shall be
20paid for by the individual required to undergo the
21professional evaluation.
22    (b) Any person who is found guilty of or pleads guilty to
23violating Section 11-501, including any person receiving a
24disposition of court supervision for violating that Section,
25may be required by the Court to attend a victim impact panel

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1offered by, or under contract with, a county State's
2Attorney's office, a probation and court services department,
3Mothers Against Drunk Driving, or the Alliance Against
4Intoxicated Motorists. All costs generated by the victim
5impact panel shall be paid from fees collected from the
6offender or as may be determined by the court.
7    (c) (Blank).
8    (d) The Secretary of State shall revoke the driving
9privileges of any person convicted under Section 11-501 or a
10similar provision of a local ordinance.
11    (e) The Secretary of State shall require the use of
12ignition interlock devices for a period not less than 5 years
13on all vehicles owned by a person who has been convicted of a
14second or subsequent offense of Section 11-501 or a similar
15provision of a local ordinance. The person must pay to the
16Secretary of State DUI Administration Fund an amount not to
17exceed $30 for each month that he or she uses the device. The
18Secretary shall establish by rule and regulation the
19procedures for certification and use of the interlock system,
20the amount of the fee, and the procedures, terms, and
21conditions relating to these fees. During the time period in
22which a person is required to install an ignition interlock
23device under this subsection (e), that person shall only
24operate vehicles in which ignition interlock devices have been
25installed, except as allowed by subdivision (c)(5) or (d)(5)
26of Section 6-205 of this Code.

10400HB1075sam002- 500 -LRB104 03072 JDS 27129 a
1    (f) (Blank).
2    (g) The Secretary of State Police DUI Fund is created as a
3special fund in the State treasury and, subject to
4appropriation, shall be used for enforcement and prevention of
5driving while under the influence of alcohol, other drug or
6drugs, intoxicating compound or compounds or any combination
7thereof, as defined by Section 11-501 of this Code, including,
8but not limited to, the purchase of law enforcement equipment
9and commodities to assist in the prevention of alcohol-related
10criminal violence throughout the State; police officer
11training and education in areas related to alcohol-related
12crime, including, but not limited to, DUI training; and police
13officer salaries, including, but not limited to, salaries for
14hire-back hire back funding for safety checkpoints, saturation
15patrols, and liquor store sting operations. Notwithstanding
16any other provision of law, on July 1, 2025, or as soon
17thereafter as practical, the State Comptroller shall direct
18and the State Treasurer shall transfer the remaining balance
19from the Secretary of State Police DUI Fund into the Secretary
20of State Police Services Fund. Upon completion of the
21transfers, the Secretary of State Police DUI Fund is
22dissolved, and any future deposits due to that Fund and any
23outstanding obligations or liabilities of that Fund shall pass
24to the Secretary of State Police Services Fund.    
25    (h) Whenever an individual is sentenced for an offense
26based upon an arrest for a violation of Section 11-501 or a

10400HB1075sam002- 501 -LRB104 03072 JDS 27129 a
1similar provision of a local ordinance, and the professional
2evaluation recommends remedial or rehabilitative treatment or
3education, neither the treatment nor the education shall be
4the sole disposition and either or both may be imposed only in
5conjunction with another disposition. The court shall monitor
6compliance with any remedial education or treatment
7recommendations contained in the professional evaluation.
8Programs conducting alcohol or other drug evaluation or
9remedial education must be licensed by the Department of Human
10Services. If the individual is not a resident of Illinois,
11however, the court may accept an alcohol or other drug
12evaluation or remedial education program in the individual's
13state of residence. Programs providing treatment must be
14licensed under existing applicable alcoholism and drug
15treatment licensure standards.
16    (i) (Blank).
17    (j) A person that is subject to a chemical test or tests of
18blood 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
20person consents to testing, shall be liable for the expense up
21to $500 for blood withdrawal by a physician authorized to
22practice medicine, a licensed physician assistant, a licensed
23advanced practice registered nurse, a registered nurse, a
24trained phlebotomist, a licensed paramedic, or a qualified
25person other than a police officer approved by the Illinois
26State Police to withdraw blood, who responds, whether at a law

10400HB1075sam002- 502 -LRB104 03072 JDS 27129 a
1enforcement facility or a health care facility, to a police
2department request for the drawing of blood based upon refusal
3of the person to submit to a lawfully requested breath test or
4probable cause exists to believe the test would disclose the
5ingestion, consumption, or use of drugs or intoxicating
6compounds 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
18amended by changing Sections 10-5, 15-15, 15-35, and 15-70 as
19follows:
20    (705 ILCS 135/10-5)
21    Sec. 10-5. Funds.
22    (a) All money collected by the Clerk of the Circuit Court
23under Article 15 of this Act shall be remitted as directed in
24Article 15 of this Act to the county treasurer, to the State

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1Treasurer, and to the treasurers of the units of local
2government. If an amount payable to any of the treasurers is
3less than $10, the clerk may postpone remitting the money
4until $10 has accrued or by the end of fiscal year. The
5treasurers shall deposit the money as indicated in the
6schedules, except, in a county with a population of over
73,000,000, money remitted to the county treasurer shall be
8subject to appropriation by the county board. Any amount
9retained by the Clerk of the Circuit Court in a county with a
10population of over 3,000,000 shall be subject to appropriation
11by the county board.
12    (b) The county treasurer or the treasurer of the unit of
13local government may create the funds indicated in paragraphs
14(1) through (5), (9), and (16) of subsection (d) of this
15Section, if not already in existence. If a county or unit of
16local government has not instituted, and does not plan to
17institute a program that uses a particular fund, the treasurer
18need not create the fund and may instead deposit the money
19intended for the fund into the general fund of the county or
20unit of local government for use in financing the court
21system.
22    (c) If the arresting agency is a State agency, the
23arresting agency portion shall be remitted by the clerk of
24court to the State Treasurer who shall deposit the portion as
25follows:
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

10400HB1075sam002- 505 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 506 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 507 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 508 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 509 -LRB104 03072 JDS 27129 a
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
22Substances Act, the Cannabis Control Act, or the
23Methamphetamine Control and Community Protection Act, the
24Clerk of the Circuit Court shall collect $2,215 and remit as
25follows:

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1    (1) As the county's portion, $354 to the county treasurer,
2who 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,
16who 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
11Controlled Substances Act, the Cannabis Control Act, or the
12Methamphetamine Control and Community Protection Act, the
13Clerk of the Circuit Court shall collect $905 and remit as
14follows:
15    (1) As the county's portion, $282 to the county treasurer,
16who 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

10400HB1075sam002- 512 -LRB104 03072 JDS 27129 a
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,
7who 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
25treasurer of the unit of local government of the arresting
26agency, who shall deposit the money into the E-citation Fund

10400HB1075sam002- 513 -LRB104 03072 JDS 27129 a
1of 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
3State agency, unless more than one agency is responsible for
4the arrest in which case the amount shall be remitted to each
5unit 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
9payments under one of the Schedule of Assessments 1 through 13
10of this Act, the court shall also order payment of any of the
11following conditional assessment amounts for each sentenced
12violation in the case to which a conditional assessment is
13applicable, which shall be collected and remitted by the Clerk
14of 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

10400HB1075sam002- 514 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 515 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 516 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 517 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 518 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 519 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 520 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 521 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 522 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 523 -LRB104 03072 JDS 27129 a
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,
17such as fees or administrative costs authorized in this
18Section, shall not be ordered or imposed on a minor subject to
19Article III, IV, or V of the Juvenile Court Act of 1987, or a
20minor under the age of 18 transferred to adult court or
21excluded from juvenile court jurisdiction under Article V of
22the Juvenile Court Act of 1987, or the minor's parent,
23guardian, or legal custodian.
24(Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.
267-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)

10400HB1075sam002- 524 -LRB104 03072 JDS 27129 a
1    Section 30-175. The Cannabis Control Act is amended by
2changing Section 10.2 as follows:
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
5collected as fines pursuant to the provisions of this Act
6shall be paid into the Drug Treatment Youth Drug Abuse
7Prevention Fund, which is hereby created in the State
8treasury, to be used by the Department of Human Services for
9the funding of programs and services for drug-abuse treatment,
10and prevention and education services, for juveniles.
11    (b) Eighty-seven and one-half percent of the proceeds of
12all fines received under the provisions of this Act shall be
13transmitted to and deposited in the treasurer's office at the
14level 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

10400HB1075sam002- 525 -LRB104 03072 JDS 27129 a
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
21enforcement agency or agencies of the unit or units of local
22government pursuant to subsection (b) shall be made available
23to that law enforcement agency as expendable receipts for use
24in the enforcement of laws regulating controlled substances
25and cannabis. The proceeds of fines awarded to the State
26treasury shall be deposited into in a special fund known as the

10400HB1075sam002- 526 -LRB104 03072 JDS 27129 a
1Drug Traffic Prevention Fund, except that amounts distributed
2to the Secretary of State shall be deposited into the
3Secretary of State Evidence Fund to be used as provided in
4Section 2-115 of the Illinois Vehicle Code. Monies from this
5fund may be used by the Illinois State Police for use in the
6enforcement of laws regulating controlled substances and
7cannabis; to satisfy funding provisions of the
8Intergovernmental Drug Laws Enforcement Act; to defray costs
9and expenses associated with returning violators of this Act,
10the Illinois Controlled Substances Act, and the
11Methamphetamine Control and Community Protection Act only, as
12provided in such Acts, when punishment of the crime shall be
13confinement of the criminal in the penitentiary; and all other
14monies shall be paid into the General Revenue Fund general
15revenue fund in the State treasury.
16(Source: P.A. 102-538, eff. 8-20-21.)
17    Section 30-180. The Illinois Controlled Substances Act is
18amended 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).

10400HB1075sam002- 527 -LRB104 03072 JDS 27129 a
1    (e) (Blank).
2    (f) (Blank).
3    (g) (Blank).
4    (h) The Drug Treatment Fund is hereby established as a
5special fund within the State Treasury. The Department of
6Human Services may make grants to persons licensed under
7Section 15-10 of the Substance Use Disorder Act or to
8municipalities or counties from funds appropriated to the
9Department from the Drug Treatment Fund for the treatment of
10pregnant women who have a substance use disorder and for the
11needed care of minor, unemancipated children of women
12undergoing residential drug treatment. If the Department of
13Human Services grants funds to a municipality or a county that
14the Department determines is not experiencing a healthcare
15need of pregnant women with a substance use disorder, or with
16care for minor, unemancipated children of women undergoing
17residential drug treatment, or intervention, the funds shall
18be used for the treatment of any person with a substance use
19disorder. The Department may adopt such rules as it deems
20appropriate for the administration of such grants.
21    (i) (Blank).
22(Source: P.A. 103-881, eff. 1-1-25.)
23    (720 ILCS 570/413)    (from Ch. 56 1/2, par. 1413)
24    Sec. 413. (a) Twelve and one-half percent of all amounts
25collected as fines pursuant to the provisions of this Article

10400HB1075sam002- 528 -LRB104 03072 JDS 27129 a
1shall be paid into the Drug Treatment Youth Drug Abuse
2Prevention Fund, which is hereby created in the State
3treasury, to be used by the Department for the funding of
4programs and services for substance use disorder treatment,
5and prevention and education services, for juveniles.
6    (b) Eighty-seven and one-half percent of the proceeds of
7all fines received under the provisions of this Article shall
8be transmitted to and deposited in the treasurer's office at
9the 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

10400HB1075sam002- 529 -LRB104 03072 JDS 27129 a
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
14enforcement agency or agencies of the unit or units of local
15government pursuant to subsection (b) shall be made available
16to that law enforcement agency as expendable receipts for use
17in the enforcement of laws regulating cannabis,
18methamphetamine, and other controlled substances. The proceeds
19of fines awarded to the State treasury shall be deposited into    
20in a special fund known as the Drug Traffic Prevention Fund,
21except that amounts distributed to the Secretary of State
22shall be deposited into the Secretary of State Evidence Fund
23to be used as provided in Section 2-115 of the Illinois Vehicle
24Code. Monies from this fund may be used by the Illinois State
25Police or use in the enforcement of laws regulating cannabis,
26methamphetamine, and other controlled substances; to satisfy

10400HB1075sam002- 530 -LRB104 03072 JDS 27129 a
1funding provisions of the Intergovernmental Drug Laws
2Enforcement Act; to defray costs and expenses associated with
3returning violators of the Cannabis Control Act and this Act
4only, as provided in those Acts, when punishment of the crime
5shall be confinement of the criminal in the penitentiary; and
6all other monies shall be paid into the General Revenue Fund    
7general 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
10Protection 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
14as fines pursuant to the provisions of this Article shall be
15paid into the Drug Treatment Youth Drug Abuse Prevention Fund
16created by the Controlled Substances Act in the State
17treasury, to be used by the Department for the funding of
18programs and services for drug-abuse treatment, and prevention
19and education services, for juveniles.
20    (b) Eighty-seven and one-half percent of the proceeds of
21all fines received under the provisions of this Act shall be
22transmitted to and deposited into the State treasury and
23distributed as follows:
24        (1) If such seizure was made by a combination of law

10400HB1075sam002- 531 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 532 -LRB104 03072 JDS 27129 a
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
4enforcement agency or agencies of the unit or units of local
5government pursuant to subsection (b) shall be made available
6to that law enforcement agency as expendable receipts for use
7in the enforcement of laws regulating controlled substances
8and cannabis. The proceeds of fines awarded to the State
9treasury shall be deposited into in a special fund known as the
10Drug Traffic Prevention Fund, except that amounts distributed
11to the Secretary of State shall be deposited into the
12Secretary of State Evidence Fund to be used as provided in
13Section 2-115 of the Illinois Vehicle Code. Moneys from this
14Fund may be used by the Illinois State Police for use in the
15enforcement of laws regulating controlled substances and
16cannabis; to satisfy funding provisions of the
17Intergovernmental Drug Laws Enforcement Act; to defray costs
18and expenses associated with returning violators of the
19Cannabis Control Act and this Act only, as provided in those
20Acts, when punishment of the crime shall be confinement of the
21criminal in the penitentiary; and all other moneys shall be
22paid into the General Revenue Fund in the State treasury.
23(Source: P.A. 102-538, eff. 8-20-21.)
24    Section 30-190. The Code of Criminal Procedure of 1963 is
25amended by changing Section 119-1 as follows:

10400HB1075sam002- 533 -LRB104 03072 JDS 27129 a
1    (725 ILCS 5/119-1)
2    Sec. 119-1. Death penalty abolished.
3    (a) Beginning on July 1, 2011 (the effective date of
4Public Act 96-1543) this amendatory Act of the 96th General
5Assembly, notwithstanding any other law to the contrary, the
6death penalty is abolished and a sentence to death may not be
7imposed.
8    (b) The All unobligated and unexpended moneys remaining in
9the Capital Litigation Trust Fund on the effective date of
10this amendatory Act of the 96th General Assembly shall be
11transferred into the Death Penalty Abolition Fund, a special
12fund in the State treasury, shall to be expended by the
13Illinois Criminal Justice Information Authority, for services
14for families of victims of homicide or murder and for training
15of law enforcement personnel.
16(Source: P.A. 96-1543, eff. 7-1-11.)
17    Section 30-195. The Narcotics Profit Forfeiture Act is
18amended 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
21collected as fines pursuant to the provisions of this Act
22shall be paid into the Drug Treatment Youth Drug Abuse
23Prevention Fund, which is hereby created in the State

10400HB1075sam002- 534 -LRB104 03072 JDS 27129 a
1treasury, to be used by the Department of Human Services for
2the funding of programs and services for drug-abuse treatment,
3and prevention and education services, for juveniles.
4    (b) Eighty-seven and one-half percent of the proceeds of
5all fines received under the provisions of this Act shall be
6transmitted to and deposited in the treasurer's office at the
7level 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

10400HB1075sam002- 535 -LRB104 03072 JDS 27129 a
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
12enforcement agency or agencies of the unit or units of local
13government pursuant to subsection (b) shall be made available
14to that law enforcement agency as expendable receipts for use
15in the enforcement of laws regulating controlled substances
16and cannabis. The proceeds of fines awarded to the State
17treasury shall be deposited into in a special fund known as the
18Drug Traffic Prevention Fund. Monies from this fund may be
19used by the Illinois State Police for use in the enforcement of
20laws regulating controlled substances and cannabis; to satisfy
21funding provisions of the Intergovernmental Drug Laws
22Enforcement Act; to defray costs and expenses associated with
23returning violators of the Cannabis Control Act and the
24Illinois Controlled Substances Act only, as provided in those
25Acts, when punishment of the crime shall be confinement of the
26criminal in the penitentiary; and all other monies shall be

10400HB1075sam002- 536 -LRB104 03072 JDS 27129 a
1paid into the General Revenue Fund general revenue fund in the
2State treasury.
3(Source: P.A. 102-538, eff. 8-20-21.)
4    Section 30-200. The Unified Code of Corrections is amended
5by 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
8amounts collected as fines pursuant to Section 5-9-1.1 shall
9be paid into the Drug Treatment Youth Drug Abuse Prevention    
10Fund, which is hereby created in the State treasury, to be used
11by the Department of Human Services for the funding of
12programs and services for drug-abuse treatment, and prevention
13and education services, for juveniles.
14    (b) Eighty-seven and one-half percent of the proceeds of
15all fines received pursuant to Section 5-9-1.1 shall be
16transmitted to and deposited in the treasurer's office at the
17level 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

10400HB1075sam002- 537 -LRB104 03072 JDS 27129 a
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
24enforcement agency or agencies of the unit or units of local
25government pursuant to subsection (b) shall be made available
26to that law enforcement agency as expendable receipts for use

10400HB1075sam002- 538 -LRB104 03072 JDS 27129 a
1in the enforcement of laws regulating controlled substances
2and cannabis. The proceeds of fines awarded to the State
3treasury shall be deposited into in a special fund known as the
4Drug Traffic Prevention Fund. Monies from this fund may be
5used by the Illinois State Police for use in the enforcement of
6laws regulating controlled substances and cannabis; to satisfy
7funding provisions of the Intergovernmental Drug Laws
8Enforcement Act; and to defray costs and expenses associated
9with returning violators of the Cannabis Control Act, the
10Illinois Controlled Substances Act, and the Methamphetamine
11Control and Community Protection Act only, as provided in
12those Acts, when punishment of the crime shall be confinement
13of the criminal in the penitentiary. Moneys in the Drug
14Traffic Prevention Fund deposited from fines awarded as a
15direct result of enforcement efforts of the Illinois
16Conservation Police may be used by the Department of Natural
17Resources Office of Law Enforcement for use in enforcing laws
18regulating controlled substances and cannabis on Department of
19Natural Resources regulated lands and waterways. All other
20monies shall be paid into the General Revenue Fund general
21revenue fund in the State treasury.
22    (d) There is created in the State treasury the
23Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
24be equitably allocated to local law enforcement agencies to:
25(1) reimburse those agencies for the costs of securing and
26cleaning up sites and facilities used for the illegal

10400HB1075sam002- 539 -LRB104 03072 JDS 27129 a
1manufacture of methamphetamine; (2) defray the costs of
2employing full-time or part-time peace officers from a
3Metropolitan Enforcement Group or other local drug task force,
4including overtime costs for those officers; and (3) defray
5the costs associated with medical or dental expenses incurred
6by the county resulting from the incarceration of
7methamphetamine addicts in the county jail or County
8Department 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
14the 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
14created a Sexual Assault Services Fund. Moneys deposited into
15the Fund under Section 15-20 and 15-40 of the Criminal and
16Traffic Assessment Act shall be appropriated to the Department
17of Public Health. Upon appropriation of moneys from the Sexual
18Assault Services Fund, the Department of Public Health shall
19make grants of these moneys from the Fund to sexual assault
20organizations with whom the Department has contracts for the
21purpose of providing community-based services to victims of
22sexual assault. Grants made under this Section are in addition
23to, and are not substitutes for, other grants authorized and
24made 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
4the 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
4created in the State treasury a special fund known as the a    
5Sexual Assault Services Fund. Moneys deposited into the Fund
6under Sections Section 15-20, and 15-40, and 15-70 of the
7Criminal and Traffic Assessment Act and Section 6b-4 of the
8State Finance Act shall be expended as provided in Section
910-5 of the Criminal and Traffic Assessment Act appropriated
10to the Department of Public Health. Upon appropriation of
11moneys from the Sexual Assault Services Fund, the Department
12of Public Health shall make grants of these moneys from the
13Fund to sexual assault organizations with whom the Department
14has contracts for the purpose of providing community-based
15services to victims of sexual assault. Grants made under this
16Section are in addition to, and are not substitutes for, other
17grants 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,
212025 2006, 100% of the fines in excess of $10,000 collected for
22violations of Section 11-20.1 of the Criminal Code of 1961 or
23the Criminal Code of 2012 shall be deposited into the DCFS
24Children's Services Child Abuse Prevention Fund. Moneys in the
25Fund resulting from the fines shall be for the use of the

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1Department of Children and Family Services for grants to
2private entities giving treatment and counseling to victims of
3child sexual abuse.
4    Notwithstanding any other provision of law to the contrary
5and in addition to any other transfers that may be provided by
6law, on July 1, 2025, or as soon thereafter as practical, the
7State Comptroller shall direct and the State Treasurer shall
8transfer the remaining balance from the Child Abuse Prevention
9Fund into the DCFS Children's Services Fund. Upon completion
10of the transfer, the Child Abuse Prevention Fund is dissolved,
11and any future deposits due to that Fund and any outstanding
12obligations or liabilities of that Fund pass to the DCFS
13Children's Services Fund.    
14(Source: P.A. 102-1071, eff. 6-10-22.)
15    Section 30-205. The Job Opportunities for Qualified
16Applicants 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
20alleged violations of this Act by an employer or employment
21agency. If the Department finds that a violation has occurred,
22the Director of Labor may impose the following civil
23penalties:
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
19Department and recovered in a civil action brought by the
20Department in any circuit court or in any administrative
21adjudicative proceeding under this Act. In any such civil
22action or administrative adjudicative proceeding under this
23Act, the Department shall be represented by the Attorney
24General.
25    (c) All moneys recovered as civil penalties under this
26Section shall be deposited into the Child Labor and Day and

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1Temporary Labor Services Enforcement Fund Job Opportunities
2for Qualified Applicants Enforcement Fund, a special fund
3which is created in the State treasury. Moneys in the Fund may
4be used only to enforce employer violations of this Act.
5    (d) The Department may adopt rules necessary to administer
6this Act and may establish an administrative procedure to
7adjudicate claims and issue final and binding decisions
8subject 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
11amended 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
15and adopt rules under the Illinois Administrative Procedure
16Act for the purpose of this Act. The Department shall have the
17powers and the parties shall have the rights provided in the
18Illinois Administrative Procedure Act for contested cases. The
19Department shall have the power to conduct investigations in
20connection with the administration and enforcement of this
21Act, including the power to conduct depositions and discovery
22and to issue subpoenas. If the Department finds cause to
23believe that this Act has been violated, the Department shall
24notify the parties in writing and the matter shall be referred

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1to an Administrative Law Judge to schedule a formal hearing in
2accordance with hearing procedures established by rule.
3    (b) The Department is authorized to impose civil penalties
4prescribed in Section 30 in administrative proceedings that
5comply with the Illinois Administrative Procedure Act and to
6supervise the payment of the unpaid wages and damages owing to
7the employee or employees under this Act. The Department may
8bring any legal action necessary to recover the amount of
9unpaid wages, damages, and penalties, and the employer shall
10be required to pay the costs. Any sums recovered by the
11Department on behalf of an employee under this Act shall be
12paid to the employee or employees affected. However, 20% of
13any penalty collected from the employer for a violation of
14this Act shall be deposited into the Child Labor and Day and
15Temporary Labor Services Enforcement Fund Bereavement Fund, a
16special fund created in the State treasury, and used for the
17enforcement of this Act.
18    (c) The Attorney General may bring an action to enforce
19the 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
22changing 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
2to work who violates any of the provisions of this Act or any
3rule adopted under the Act shall be subject to civil penalties
4as 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
3appropriateness of the penalty to the size of the business of
4the employer charged and the gravity of the violation shall be
5considered.
6    Each day during which any violation of this Act continues
7shall constitute a separate and distinct offense, and the
8employment of any minor in violation of the Act shall, with
9respect to each minor so employed, constitute a separate and
10distinct offense.
11    (b) Any administrative determination by the Department of
12the amount of each penalty shall be final unless reviewed as
13provided in Section 70.
14    (c) The amount of the penalty, when finally determined,
15may be recovered in a civil action brought by the Director in
16any circuit court, in which litigation the Director shall be
17represented by the Attorney General. In an action brought by
18the Department, the Department may request, and the Court may
19impose on a defendant employer, an additional civil penalty of
20up to an amount equal to the penalties assessed by the
21Department to be distributed to an impacted minor. In an
22action concerning multiple minors, any such penalty imposed by
23the Court shall be distributed equally among the minors
24employed in violation of this Act by the defendant employer.
25    (d) Penalties recovered under this Section shall be paid
26by certified check, money order, or by an electronic payment

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1system designated by the Department, and deposited into the
2Child Labor and Day and Temporary Labor Services Enforcement
3Fund, a special fund in the State treasury. Moneys in the Fund
4shall be used, subject to appropriation, for exemplary
5programs, demonstration projects, and other activities or
6purposes related to the enforcement of this Act, or for the
7activities or purposes related to the enforcement of the Day
8and Temporary Labor Services Act, or for the activities or
9purposes related to the enforcement of the Private Employment
10Agency Act, for the activities or purposes related to the
11enforcement of the Job Opportunities for Qualified Applicants
12Act, and for the activities or purposes related to the
13enforcement 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
17changing 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
21Program.
22    (a) As used in this Section:
23    "Approved vendor" means the definition of that term used

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1and as may be updated by the Illinois Power Agency.
2    "Minority business" means a minority-owned business as
3defined in Section 2 of the Business Enterprise for
4Minorities, Women, and Persons with Disabilities Act.
5    "Minority Business Enterprise certification" means the
6certification or recognition certification affidavit from the
7Commission on Equity and Inclusion's Business Enterprise
8Program or a program with equivalent requirements.
9    "Program" means the Clean Energy Primes Contractor
10Accelerator Program.
11    "Returning resident" has the meaning given to that term in
12Section 5-50 of this Act.
13    (b) Subject to appropriation, the Department shall
14develop, and through a Primes Program Administrator and
15Regional Primes Program Leads described in this Section,
16administer the Clean Energy Primes Contractor Accelerator
17Program. The Program shall be administered in 3 program
18delivery areas: the Northern Illinois Program Delivery Area
19covering Northern Illinois, the Central Illinois Program
20Delivery Area covering Central Illinois, and the Southern
21Illinois Program Delivery Area covering Southern Illinois.
22Prior to developing the Program, the Department shall solicit
23public comments, with a 30-day comment period, to gather input
24on Program implementation and associated community outreach
25options.
26    (c) The Program shall be available to selected contractors

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1who 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
9select 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
2reapply for a future cohort if they are not selected, and the
3Primes Program Administrator shall inform each applicant of
4this option.
5    (d) The Department, in consultation with the Primes
6Program Administrator and Regional Primes Program Leads, shall
7select a new cohort of participant contractors from each
8Program Delivery Area every 18 months. Each regional cohort
9shall include between 3 and 5 participants. The Program shall
10cap contractors in the energy efficiency sector at 50% of
11available cohort spots and 50% of available grants and loans,
12if possible.
13    (e) The Department shall hire a Primes Program
14Administrator with relevant experience, including experience    
15in leading a large contractor-based business in Illinois;
16experience coaching and mentoring; experience working in the
17Illinois clean energy industry; or experience and working with
18equity investment eligible community members, organizations,
19and businesses.
20    (f) The Department shall select 3 Regional Primes Program
21Leads who shall report directly to the Primes Program
22Administrator. The Regional Primes Program Leads shall be
23located within their Program Delivery Area and have experience
24in leading a large contractor-based business in Illinois;
25coaching and mentoring; the Illinois clean energy industry;
26developing relationships with companies in the Program

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1Delivery Area; and working with equity investment eligible
2community members, organizations, and businesses.
3    (g) The Department may determine how Program elements will
4be delivered or may contract with organizations with
5experience delivering the Program elements described in
6subsection (h) of this Section.
7    (h) The Clean Energy Primes Contractor Accelerator Program
8shall 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
4and Regional Primes Program Leads shall collaborate to collect
5and report the following metrics quarterly to the Department
6and 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
4collected from Program participants and graduates for 10 years
5from their entrance into the Program to help the Department
6and Program Administrators understand the Program's long-term
7effect.
8    Data should be anonymized where needed to protect
9participant privacy.
10    The Department shall make such reports publicly available
11on 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
23cooperate with the Illinois Power Agency in the conduct of a
24disparity study, as described in subsection (c-15) of Section
251-75 of the Illinois Power Agency Act, and in the effectuation
26of appropriate remedies necessary to address any

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1discrimination that such study may find. Potential remedies
2shall include, but not be limited to, race-conscious remedies
3to rapidly eliminate discrimination faced by minority
4businesses and works in the industry this Program serves,
5consistent with the law. Remedies shall be developed through
6consultation with individuals, companies, and organizations
7that have expertise on discrimination faced in the market and
8potential legally permissible remedies for addressing it.
9Notwithstanding any other requirement of this Section, the
10Program Administrator shall modify program participation
11criteria or goals as soon as the report has been published, in
12such a way as is consistent with state and federal law, to
13rapidly eliminate discrimination on minority businesses and
14workers in the industry this Program serves by setting
15standards for Program participation. This study will be paid
16for with funds from the Energy Transition Assistance Fund or
17any 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
12changing 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
15shall direct the transfer from the General Revenue Fund to the
16Road Fund of the sum of $36,000,000, or so much thereof as may
17be necessary, so that after such transfer the total
18expenditures for the fiscal year beginning July 1, 1990 for
19the Division of State Troopers from the Road Fund do not exceed
20the amount appropriated in fiscal year 1990 for the Division
21of State Troopers. Such transfers shall be completed no later
22than June 30, 1992.
23    (b) If the General Assembly has not completed the
24transfers required under subsection (a) of this Section on or

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1before June 30, 1992, and if the General Revenue Fund balance
2is $250 million or greater on June 30, 1992 or June 30th of any
3year thereafter, on July 1 of the fiscal year immediately
4following the fiscal year which has a June 30th balance of $250
5million or greater, the Comptroller shall order the transfer
6and the Treasurer shall transfer from the General Revenue Fund
7to the Road Fund one-twelfth of the amount remaining to be
8transferred on July 15, 1992, with such transfers continuing
9on the first of each month thereafter until the total
10transfers required to be made by this Section have been
11completed.
12    (c) In addition to any other transfers that may be
13provided for by law, on July 1, 2025, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $8,000,000 from the Road
16Fund to the Illinois State Police Federal Projects Fund to be
17used for purposes consistent with Section 11 of Article IX of
18the Illinois Constitution.    
19(Source: P.A. 86-1159; 87-860.)
20
ARTICLE 40.
21    Section 40-5. The School Code is amended by changing
22Sections 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
2schools, separate public special education day schools, public
3out-of-state schools, public school residential facilities, or
4private special education facilities.
5    (a) The General Assembly recognizes that non-public
6schools or special education facilities provide an important
7service in the educational system in Illinois.
8    (b) If a student's individualized education program (IEP)
9team determines that because of his or her disability the
10special education program of a district is unable to meet the
11needs of the child and the child attends a non-public school or
12special education facility, a public out-of-state school or a
13special education facility owned and operated by a county
14government unit that provides special educational services
15required by the child and is in compliance with the
16appropriate rules and regulations of the State Superintendent
17of Education, the school district in which the child is a
18resident shall pay the actual cost of tuition for special
19education and related services provided during the regular
20school term and during the summer school term if the child's
21educational needs so require, excluding room, board and
22transportation costs charged the child by that non-public
23school or special education facility, public out-of-state
24school or county special education facility, or $4,500 per
25year, whichever is less, and shall provide him any necessary
26transportation. "Nonpublic special education facility" shall

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1include a residential facility, within or without the State of
2Illinois, which provides special education and related
3services to meet the needs of the child by utilizing private
4schools or public schools, whether located on the site or off
5the site of the residential facility. Resident district
6financial responsibility and reimbursement applies for both
7nonpublic special education facilities that are approved by
8the State Board of Education pursuant to 23 Ill. Adm. Code 401
9or other applicable laws or rules and for emergency
10residential placements in nonpublic special education
11facilities that are not approved by the State Board of
12Education pursuant to 23 Ill. Adm. Code 401 or other
13applicable laws or rules, subject to the requirements of this
14Section.
15    (c) Prior to the placement of a child in an out-of-state
16special education residential facility, the school district
17must refer to the child or the child's parent or guardian the
18option to place the child in a special education residential
19facility located within this State, if any, that provides
20treatment and services comparable to those provided by the
21out-of-state special education residential facility. The
22school district must review annually the placement of a child
23in an out-of-state special education residential facility. As
24a part of the review, the school district must refer to the
25child or the child's parent or guardian the option to place the
26child in a comparable special education residential facility

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1located within this State, if any.
2    (c-5) Before a provider that operates a nonpublic special
3education facility terminates a student's placement in that
4facility, the provider must request an IEP meeting from the
5contracting school district. If the provider elects to
6terminate the student's placement following the IEP meeting,
7the provider must give written notice to this effect to the
8parent or guardian, the contracting public school district,
9and the State Board of Education no later than 20 business days
10before the date of termination, unless the health and safety
11of any student are endangered. The notice must include the
12detailed reasons for the termination and any actions taken to
13address the reason for the termination.
14    (d) Payments shall be made by the resident school district
15to the entity providing the educational services, whether the
16entity is the nonpublic special education facility or the
17school district wherein the facility is located, no less than
18once per quarter, unless otherwise agreed to in writing by the
19parties.
20    (e) A school district may residentially place a student in
21a nonpublic special education facility providing educational
22services, but not approved by the State Board of Education
23pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
24rules, provided that the State Board of Education provides an
25emergency and student-specific approval for residential
26placement. The State Board of Education shall promptly, within

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110 days after the request, approve a request for emergency and
2student-specific approval for residential placement if the
3following have been demonstrated to the State Board of
4Education:
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.
18A resident school district may also submit such proof to the
19State Board of Education as may be required for its student.
20The State Board of Education may not unreasonably withhold
21approval once satisfactory proof is provided to the State
22Board.
23    (f) If an impartial due process hearing officer who is
24contracted by the State Board of Education pursuant to this
25Article orders placement of a student with a disability in a
26residential facility that is not approved by the State Board

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1of Education, then, for purposes of this Section, the facility
2shall be deemed approved for placement and school district
3payments and State reimbursements shall be made accordingly.
4    (g) Emergency residential placement in a facility approved
5pursuant to subsection (e) or (f) may continue to be utilized
6so long as (i) the student's IEP team determines annually that
7such placement continues to be appropriate to meet the
8student's needs and (ii) at least every 3 years following the
9student's residential placement, the IEP team reviews
10appropriate placements approved by the State Board of
11Education pursuant to 23 Ill. Adm. Code 401 or other
12applicable laws or rules to determine whether there are any
13approved placements that can meet the student's needs, have
14accepted the student, and have availability for placement of
15the student.
16    (h) The State Board of Education shall promulgate rules
17and regulations for determining when placement in a private
18special education facility is appropriate. Such rules and
19regulations shall take into account the various types of
20services needed by a child and the availability of such
21services to the particular child in the public school. In
22developing these rules and regulations the State Board of
23Education shall consult with the Advisory Council on Education
24of Children with Disabilities and hold public hearings to
25secure recommendations from parents, school personnel, and
26others concerned about this matter.

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1    The State Board of Education shall also promulgate rules
2and regulations for transportation to and from a residential
3school. Transportation to and from home to a residential
4school more than once each school term shall be subject to
5prior approval by the State Superintendent in accordance with
6the rules and regulations of the State Board.
7    (i) A school district making tuition payments pursuant to
8this Section is eligible for reimbursement from the State for
9the amount of such payments actually made in excess of the
10district per capita tuition charge for students not receiving
11special education services. Such reimbursement shall be
12approved in accordance with Section 14-12.01 and each district
13shall file its claims, computed in accordance with rules
14prescribed by the State Board of Education, on forms
15prescribed by the State Superintendent of Education. Data used
16as a basis of reimbursement claims shall be for the preceding
17regular school term and summer school term. Each school
18district shall transmit its claims to the State Board of
19Education on or before August 15. However, for claims payable
20in Fiscal Year 2026, each school district shall transmit its
21claims to the State Board of Education on or before September
2215. The State Board of Education, before approving any such
23claims, shall determine their accuracy and whether they are
24based upon services and facilities provided under approved
25programs. Upon approval the State Board shall cause vouchers
26to be prepared showing the amount due for payment of

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1reimbursement claims to school districts, for transmittal to
2the State Comptroller on the 30th day of September, December,
3and March, respectively, and the final voucher, no later than
4June 20. However, for vouchers payable in Fiscal Year 2026,
5upon approval the State Board of Education shall cause
6vouchers to be prepared showing the amount due for payment of
7reimbursement claims to school districts, for transmittal to
8the State Comptroller on the 30th day of November, December,
9and March, respectively, and the final voucher, no later than
10June 20. If the money appropriated by the General Assembly for
11such purpose for any year is insufficient, it shall be
12apportioned on the basis of the claims approved.
13    (j) No child shall be placed in a special education
14program pursuant to this Section if the tuition cost for
15special education and related services increases more than 10
16percent over the tuition cost for the previous school year or
17exceeds $4,500 per year unless such costs have been approved
18by the Illinois Purchased Care Review Board. The Illinois
19Purchased Care Review Board shall consist of the following
20persons, or their designees: the Directors of Children and
21Family Services, Public Health, Public Aid, and the Governor's
22Office of Management and Budget; the Secretary of Human
23Services; the State Superintendent of Education; and such
24other persons as the Governor may designate. The Review Board
25shall also consist of one non-voting member who is an
26administrator of a private, nonpublic, special education

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1school, one non-voting member who is an administrator of a
2separate public special education day school, and one
3non-voting member from a State agency that administers and
4provides early childhood education and care programs and
5services to children and families. The Review Board shall
6establish rules and regulations for its determination of
7allowable costs and payments made by local school districts
8for special education, room and board, and other related
9services provided by non-public schools, separate public
10special education day schools, or special education facilities
11and shall establish uniform standards and criteria which it
12shall follow. The Review Board shall approve the usual and
13customary rate or rates of a special education program that
14(i) is offered by an out-of-state, non-public provider of
15integrated autism specific educational and autism specific
16residential services, (ii) offers 2 or more levels of
17residential 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
20Review Board shall consider any wage increases awarded by the
21General Assembly to front line personnel defined as direct
22support persons, aides, front-line supervisors, qualified
23intellectual disabilities professionals, nurses, and
24non-administrative support staff working in service settings
25in community-based settings within the State and adjust
26customary rates or rates of a special education program to be

10400HB1075sam002- 571 -LRB104 03072 JDS 27129 a
1equitable to the wage increase awarded to similar staff
2positions in a community residential setting. Any wage
3increase awarded by the General Assembly to front line
4personnel defined as direct support persons, aides, front-line
5supervisors, qualified intellectual disabilities
6professionals, nurses, and non-administrative support staff
7working in community-based settings within the State,
8including the $0.75 per hour increase contained in Public Act
9100-23 and the $0.50 per hour increase included in Public Act
10100-23, shall also be a basis for any facility covered by this
11Section to appeal its rate before the Review Board under the
12process defined in Title 89, Part 900, Section 340 of the
13Illinois Administrative Code. Illinois Administrative Code
14Title 89, Part 900, Section 342 shall be updated to recognize
15wage increases awarded to community-based settings to be a
16basis for appeal. However, any wage increase that is captured
17upon appeal from a previous year shall not be counted by the
18Review Board as revenue for the purpose of calculating a
19facility's future rate.
20    (l) Any definition used by the Review Board in
21administrative rule or policy to define "related
22organizations" shall include any and all exceptions contained
23in federal law or regulation as it pertains to the federal
24definition of "related organizations".
25    (m) The Review Board shall establish uniform definitions
26and criteria for accounting separately by special education,

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1room and board and other related services costs. The Board
2shall also establish guidelines for the coordination of
3services and financial assistance provided by all State
4agencies to assure that no otherwise qualified child with a
5disability receiving services under Article 14 shall be
6excluded from participation in, be denied the benefits of or
7be subjected to discrimination under any program or activity
8provided by any State agency.
9    (n) The Review Board shall review the costs for special
10education and related services provided by non-public schools,
11separate public special education day schools, or special
12education facilities and shall approve or disapprove such
13facilities in accordance with the rules and regulations
14established by it with respect to allowable costs.
15    (o) The State Board of Education shall provide
16administrative and staff support for the Review Board as
17deemed reasonable by the State Superintendent of Education.
18This support shall not include travel expenses or other
19compensation for any Review Board member other than the State
20Superintendent of Education.
21    (p) The Review Board shall seek the advice of the Advisory
22Council on Education of Children with Disabilities on the
23rules and regulations to be promulgated by it relative to
24providing special education services.
25    (q) If a child has been placed in a program in which the
26actual per pupil costs of tuition for special education and

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1related services based on program enrollment, excluding room,
2board and transportation costs, exceed $4,500 and such costs
3have been approved by the Review Board, the district shall pay
4such total costs which exceed $4,500. A district making such
5tuition payments in excess of $4,500 pursuant to this Section
6shall be responsible for an amount in excess of $4,500 equal to
7the district per capita tuition charge and shall be eligible
8for reimbursement from the State for the amount of such
9payments actually made in excess of the district's per capita
10tuition charge for students not receiving special education
11services. If a child has been placed in a private special
12education school, separate public special education day
13school, or private special education facility, a district
14making tuition payments in excess of $4,500 pursuant to this
15Section shall be responsible for an amount in excess of $4,500
16equal to 2 times the district's per capita tuition charge and
17shall be eligible for reimbursement from the State for the
18amount of such payments actually made in excess of 2 times the
19district's per capita tuition charge for students not
20receiving special education services.
21    (r) If a child has been placed in an approved individual
22program and the tuition costs including room and board costs
23have been approved by the Review Board, then such room and
24board costs shall be paid by the appropriate State agency
25subject to the provisions of Section 14-8.01 of this Act. Room
26and board costs not provided by a State agency other than the

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1State Board of Education shall be provided by the State Board
2of Education on a current basis. In no event, however, shall
3the State's liability for funding of these tuition costs begin
4until after the legal obligations of third party payors have
5been subtracted from such costs. If the money appropriated by
6the General Assembly for such purpose for any year is
7insufficient, it shall be apportioned on the basis of the
8claims approved. Each district shall submit estimated claims
9to the State Superintendent of Education. Upon approval of
10such claims, the State Superintendent of Education shall
11direct the State Comptroller to make payments on a monthly
12basis. The frequency for submitting estimated claims and the
13method of determining payment shall be prescribed in rules and
14regulations adopted by the State Board of Education. Such
15current state reimbursement shall be reduced by an amount
16equal to the proceeds which the child or child's parents are
17eligible to receive under any public or private insurance or
18assistance program. Nothing in this Section shall be construed
19as relieving an insurer or similar third party from an
20otherwise valid obligation to provide or to pay for services
21provided to a child with a disability.
22    (s) If it otherwise qualifies, a school district is
23eligible for the transportation reimbursement under Section
2414-13.01 and for the reimbursement of tuition payments under
25this Section whether the non-public school or special
26education facility, public out-of-state school or county

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1special education facility, attended by a child who resides in
2that district and requires special educational services, is
3within or outside of the State of Illinois. However, a
4district is not eligible to claim transportation reimbursement
5under this Section unless the district certifies to the State
6Superintendent of Education that the district is unable to
7provide special educational services required by the child for
8the current school year.
9    (t) Nothing in this Section authorizes the reimbursement
10of a school district for the amount paid for tuition of a child
11attending a non-public school or special education facility, a
12public special education facility, a public out-of-state
13school, or a county special education facility unless the
14school district certifies to the State Superintendent of
15Education that the special education program of that district
16is unable to meet the needs of that child because of the
17child's disability and the State Superintendent of Education
18finds that the school district is in substantial compliance
19with Section 14-4.01. However, if a child is unilaterally
20placed by a State agency or any court in a non-public school or
21special education facility, public out-of-state school, or
22county special education facility, a school district shall not
23be required to certify to the State Superintendent of
24Education, for the purpose of tuition reimbursement, that the
25special education program of that district is unable to meet
26the needs of a child because of his or her disability.

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1    (u) Any educational or related services provided, pursuant
2to this Section in a non-public school or special education
3facility or a special education facility owned and operated by
4a county government unit shall be at no cost to the parent or
5guardian of the child. However, current law and practices
6relative to contributions by parents or guardians for costs
7other than educational or related services are not affected by
8this amendatory Act of 1978.
9    (v) Reimbursement for children attending public school
10residential facilities shall be made in accordance with the
11provisions of this Section.
12    (w) Notwithstanding any other provision of law, any school
13district receiving a payment under this Section or under
14Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
15all or a portion of the funds that it receives in a particular
16fiscal year or from general State aid pursuant to Section
1718-8.05 of this Code as funds received in connection with any
18funding program for which it is entitled to receive funds from
19the State in that fiscal year (including, without limitation,
20any funding program referenced in this Section), regardless of
21the source or timing of the receipt. The district may not
22classify more funds as funds received in connection with the
23funding program than the district is entitled to receive in
24that fiscal year for that program. Any classification by a
25district must be made by a resolution of its board of
26education. The resolution must identify the amount of any

10400HB1075sam002- 577 -LRB104 03072 JDS 27129 a
1payments or general State aid to be classified under this
2paragraph and must specify the funding program to which the
3funds are to be treated as received in connection therewith.
4This resolution is controlling as to the classification of
5funds referenced therein. A certified copy of the resolution
6must be sent to the State Superintendent of Education. The
7resolution shall still take effect even though a copy of the
8resolution has not been sent to the State Superintendent of
9Education in a timely manner. No classification under this
10paragraph by a district shall affect the total amount or
11timing of money the district is entitled to receive under this
12Code. No classification under this paragraph by a district
13shall in any way relieve the district from or affect any
14requirements that otherwise would apply with respect to that
15funding program, including any accounting of funds by source,
16reporting expenditures by original source and purpose,
17reporting requirements, or requirements of providing services.
18    (x) The State Board of Education may adopt such rules as
19may be necessary to implement this Section.
20(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
21103-175, eff. 6-30-23; 103-546, eff. 8-11-23; 103-605, eff.
227-1-24; 103-644, eff. 7-1-24.)
23    (105 ILCS 5/18-8.15)
24    Sec. 18-8.15. Evidence-Based Funding for student success
25for the 2017-2018 and subsequent school years.

10400HB1075sam002- 578 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 580 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 581 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 582 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 583 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 588 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 593 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 594 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 595 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 596 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 597 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 602 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 605 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 609 -LRB104 03072 JDS 27129 a
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:

10400HB1075sam002- 610 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 611 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 612 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 613 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 614 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 615 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 616 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 617 -LRB104 03072 JDS 27129 a
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
12for 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.

10400HB1075sam002- 618 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 619 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 620 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 621 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 622 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 623 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 624 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 626 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 634 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 636 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 637 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 638 -LRB104 03072 JDS 27129 a
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
13district 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

10400HB1075sam002- 639 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 640 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 641 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 642 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 643 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 645 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 646 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 647 -LRB104 03072 JDS 27129 a
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
14other laws to general State aid funds or calculations under
15Section 18-8.05 of this Code (now repealed) shall be deemed to
16be references to evidence-based model formula funds or
17calculations under this Section.
18(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
19102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.
201-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
21eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
22103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff.
231-1-25; revised 11-26-24.)
24
ARTICLE 45.

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1    Section 45-5. The Illinois Public Aid Code is amended by
2changing Sections 5-5.7a and 5H-1 and by adding Sections 5-61
3and 5A-18 as follows:
4    (305 ILCS 5/5-5.7a)
5    Sec. 5-5.7a. Pandemic related stability payments for
6health care providers. Notwithstanding other provisions of
7law, and in accordance with the Illinois Emergency Management
8Agency, the Department of Healthcare and Family Services shall
9develop a process to distribute pandemic related stability
10payments, from federal sources dedicated for such purposes, to
11health care providers that are providing care to recipients
12under the Medical Assistance Program. For provider types
13serving residents who are recipients of medical assistance
14under this Code and are funded by other State agencies, the
15Department will coordinate the distribution process of the
16pandemic related stability payments. Federal sources dedicated
17to pandemic related payments include, but are not limited to,
18funds distributed to the State of Illinois from the
19Coronavirus Relief Fund pursuant to the Coronavirus Aid,
20Relief, and Economic Security Act ("CARES Act") and from the
21Coronavirus State Fiscal Recovery Fund pursuant to Section
229901 of the American Rescue Plan Act of 2021, that are
23appropriated to the Department during Fiscal Years 2020, 2021,
24and 2022 for purposes permitted by those federal laws and
25related 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

10400HB1075sam002- 656 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 657 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 658 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 659 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 660 -LRB104 03072 JDS 27129 a
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;
25102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)

10400HB1075sam002- 661 -LRB104 03072 JDS 27129 a
1    (305 ILCS 5/5-61 new)
2    Sec. 5-61. Advance payment reporting. Notwithstanding any
3provision of State law to the contrary, the Department of
4Healthcare and Family Services shall provide notice to the
5Director of the Governor's Office of Management and Budget, or
6the Director's designee, prior to making, causing to be made,
7or agreeing to make, pursuant to the rules of the Department of
8Healthcare and Family Services, any advance payment to any
9hospital pursuant to this Article.
10    By July 31, 2025, the Department of Healthcare and Family
11Services shall provide to the Director of the Governor's
12Office of Management and Budget, or the Director's designee, a
13report of advance payments made to hospitals during State
14fiscal year 2025. By August 29, 2025, and by the last business
15day of each month thereafter, the Department of Healthcare and
16Family Services shall provide to the Director of the
17Governor's Office of Management and Budget, or the Director's
18designee, a report of advance payments made to hospitals
19during the preceding calendar month. Reports of advance
20payments 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

10400HB1075sam002- 662 -LRB104 03072 JDS 27129 a
1        (6) repayment date, if applicable.
2    (305 ILCS 5/5A-18 new)
3    Sec. 5A-18. Advance payment reporting. Notwithstanding any
4provision of State law to the contrary, the Department of
5Healthcare and Family Services shall provide notice to the
6Director of the Governor's Office of Management and Budget, or
7the Director's designee, prior to making, causing to be made,
8or agreeing to make, pursuant to the rules of the Department of
9Healthcare and Family Services, any advance payment to any
10hospital pursuant to this Article.
11    By July 31, 2025, the Department of Healthcare and Family
12Services shall provide to the Director of the Governor's
13Office of Management and Budget, or the Director's designee, a
14report of advance payments made to hospitals during State
15fiscal year 2025. By August 29, 2025, and by the last business
16day of each month thereafter, the Department of Healthcare and
17Family Services shall provide to the Director of the
18Governor's Office of Management and Budget, or the Director's
19designee, a report of advance payments made to hospitals
20during the preceding calendar month. Reports of advance
21payments 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;

10400HB1075sam002- 663 -LRB104 03072 JDS 27129 a
1        (5) basis for the advance payment request and basis of
2 approval; and
3        (6) repayment date, if applicable.
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
7to December 31, 2023.
8    "Department" means the Department of Healthcare and Family
9Services.
10    "Federal employee health benefit" means the program of
11health benefits plans, as defined in 5 U.S.C. 8901, available
12to 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
15under a certificate of authority issued pursuant to the Health
16Maintenance Organization Act or as a Managed Care Community
17Network pursuant to Section 5-11 of this Code.
18    "Medicaid managed care organization" means a managed care
19organization under contract with the Department to provide
20services to recipients of benefits in the medical assistance
21program pursuant to Article V of this Code, the Children's
22Health Insurance Program Act, or the Covering ALL KIDS Health
23Insurance Act. It does not include contracts the same entity
24or an affiliated entity has for other business.
25    "Medicare" means the federal Medicare program established

10400HB1075sam002- 664 -LRB104 03072 JDS 27129 a
1under Title XVIII of the federal Social Security Act.
2    "Member months" means the aggregate total number of months
3all individuals are enrolled for coverage in a Managed Care
4Organization during the base year. Member months are
5determined by the Department for Medicaid Managed Care
6Organizations based on enrollment data in its Medicaid
7Management Information System and by the Department of
8Insurance for other Managed Care Organizations based on
9required filings with the Department of Insurance. Member
10months do not include months individuals are enrolled in a
11Limited Health Services Organization, including stand-alone
12dental or vision plans, a Medicare Advantage Plan, a Medicare
13Supplement Plan, a Medicaid Medicare Alignment Initiate Plan
14pursuant to a Memorandum of Understanding between the
15Department and the Federal Centers for Medicare and Medicaid
16Services 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
20by 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
2390 of P.A. 94-79)

10400HB1075sam002- 665 -LRB104 03072 JDS 27129 a
1    Sec. 22.5. Permitted investments. The State Treasurer may
2invest and reinvest any State money in the State Treasury
3which is not needed for current expenditures due or about to
4become due, in obligations of the United States government or
5its agencies or of National Mortgage Associations established
6by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
7or in mortgage participation certificates representing
8undivided interests in specified, first-lien conventional
9residential Illinois mortgages that are underwritten, insured,
10guaranteed, or purchased by the Federal Home Loan Mortgage
11Corporation or in Affordable Housing Program Trust Fund Bonds
12or Notes as defined in and issued pursuant to the Illinois
13Housing Development Act. All such obligations shall be
14considered as cash and may be delivered over as cash by a State
15Treasurer to his successor.
16    The State Treasurer may purchase any state bonds with any
17money in the State Treasury that has been set aside and held
18for the payment of the principal of and interest on the bonds.
19The bonds shall be considered as cash and may be delivered over
20as cash by the State Treasurer to his successor.
21    The State Treasurer may invest or reinvest any State money
22in the State Treasury that is not needed for current
23expenditures due or about to become due, or any money in the
24State Treasury that has been set aside and held for the payment
25of the principal of and interest on any State bonds, in bonds
26issued by counties or municipal corporations of the State of

10400HB1075sam002- 666 -LRB104 03072 JDS 27129 a
1Illinois.
2    The State Treasurer may invest or reinvest up to 5% of the
3College Savings Pool Administrative Trust Fund, the Illinois
4Public Treasurer Investment Pool (IPTIP) Administrative Trust
5Fund, and the State Treasurer's Administrative Fund that is
6not needed for current expenditures due or about to become
7due, in common or preferred stocks of publicly traded
8corporations, partnerships, or limited liability companies,
9organized in the United States, with assets exceeding
10$500,000,000 if: (i) the purchases do not exceed 1% of the
11corporation's or the limited liability company's outstanding
12common and preferred stock; (ii) no more than 10% of the total
13funds are invested in any one publicly traded corporation,
14partnership, or limited liability company; and (iii) the
15corporation or the limited liability company has not been
16placed on the list of restricted companies by the Illinois
17Investment Policy Board under Section 1-110.16 of the Illinois
18Pension Code.
19    Whenever the total amount of vouchers presented to the
20Comptroller under Section 9 of the State Comptroller Act
21exceeds the funds available in the General Revenue Fund by
22$500,000,000 $1,000,000,000 or more, then the State Treasurer
23may invest any State money in the State Treasury, other than
24money in the General Revenue Fund, Health Insurance Reserve
25Fund, Attorney General Court Ordered and Voluntary Compliance
26Payment Projects Fund, Attorney General Whistleblower Reward

10400HB1075sam002- 667 -LRB104 03072 JDS 27129 a
1and Protection Fund, and Attorney General's State Projects and
2Court Ordered Distribution Fund, which is not needed for
3current expenditures, due or about to become due, or any money
4in the State Treasury which has been set aside and held for the
5payment of the principal of and the interest on any State bonds
6with the Office of the Comptroller in order to enable the
7Comptroller to pay outstanding vouchers. At any time, and from
8time to time outstanding, such investment shall not be greater
9than $2,000,000,000. Such investment shall be deposited into
10the General Revenue Fund or Health Insurance Reserve Fund as
11determined by the Comptroller. On or after July 1, 2025, and
12through June 30, 2026, at the request of the Governor and with
13the approval of the Treasurer, the Comptroller may make
14deposits into other funds in the State Treasury to pay
15outstanding vouchers or in anticipation of vouchers that may
16be submitted to the Comptroller for payment. Such investment
17shall be repaid by the Comptroller with an interest rate tied
18to the Secured Overnight Financing Rate (SOFR) London
19Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
20equivalent market established variable rate, but in no case
21shall such interest rate exceed the lesser of the penalty rate
22established under the State Prompt Payment Act or the timely
23pay interest rate under Section 368a of the Illinois Insurance
24Code. The State Treasurer and the Comptroller shall enter into
25an intergovernmental agreement to establish procedures for
26such investments, which market established variable rate to

10400HB1075sam002- 668 -LRB104 03072 JDS 27129 a
1which the interest rate for the investments should be tied,
2and other terms which the State Treasurer and Comptroller
3reasonably believe to be mutually beneficial concerning these
4investments by the State Treasurer. The State Treasurer and
5Comptroller shall also enter into a written agreement for each
6such investment that specifies the period of the investment,
7the payment interval, the interest rate to be paid, the funds
8in the State Treasury from which the State Treasurer will draw
9the investment, and other terms upon which the State Treasurer
10and Comptroller mutually agree. Such investment agreements
11shall be public records and the State Treasurer shall post the
12terms of all such investment agreements on the State
13Treasurer's official website. In compliance with the
14intergovernmental agreement, the Comptroller shall order and
15the State Treasurer shall transfer amounts sufficient for the
16payment of principal and interest invested by the State
17Treasurer with the Office of the Comptroller under this
18paragraph from the General Revenue Fund or the Health
19Insurance Reserve Fund or, from July 1, 2025 through June 30,
202026, the fund identified by the Governor, to the respective
21funds in the State Treasury from which the State Treasurer
22drew the investment. Public Act 100-1107 shall constitute an
23irrevocable and continuing authority for all amounts necessary
24for the payment of principal and interest on the investments
25made with the Office of the Comptroller by the State Treasurer
26under this paragraph, and the irrevocable and continuing

10400HB1075sam002- 669 -LRB104 03072 JDS 27129 a
1authority for and direction to the Comptroller and State
2Treasurer to make the necessary transfers.
3    The State Treasurer may invest or reinvest any State money
4in the State Treasury that is not needed for current
5expenditure, due or about to become due, or any money in the
6State Treasury that has been set aside and held for the payment
7of the principal of and the interest on any State bonds, in any
8of 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

10400HB1075sam002- 670 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 671 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 672 -LRB104 03072 JDS 27129 a
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.

10400HB1075sam002- 673 -LRB104 03072 JDS 27129 a
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
5States 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
16this Act. However, securities may be lent under this Section
17only in accordance with Federal Financial Institution
18Examination Council guidelines and only if the securities are
19collateralized at a level sufficient to assure the safety of
20the securities, taking into account market value fluctuation.
21The securities may be collateralized by cash or collateral
22acceptable under Sections 11 and 11.1.
23(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
24101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.
258-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

10400HB1075sam002- 674 -LRB104 03072 JDS 27129 a
1
Article 55.
2    Section 55-5. The Governor's Office of Management and
3Budget Act is amended by changing Section 2 and by adding
4Section 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
7Governor an Office to be known as the Governor's Office of
8Management and Budget. The Office shall be headed by a
9Director, who shall be appointed by the Governor. The
10functions of the Office shall be as prescribed in Sections 2.1
11through 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
15Governmental Emergencies Fund.    
16    (a) There is created in the State Treasury as a special
17fund the Budget Reserve for Immediate Disbursements and
18Governmental Emergencies (BRIDGE) Fund. The Fund may receive
19revenue from any authorized source, including, but not limited
20to, gifts, grants, awards, transfers, and appropriated
21deposits. Moneys in the fund shall be used to provide
22supplemental moneys for other funds held in the State Treasury
23in the event of unanticipated delays in or failures of

10400HB1075sam002- 675 -LRB104 03072 JDS 27129 a
1revenues when supplemental moneys are required to effectuate
2appropriations enacted by the General Assembly.
3    (b) Upon the written direction of the Governor, the State
4Comptroller shall direct, and the State Treasurer shall
5transfer, specified amounts held in the BRIDGE Fund to
6specified funds in the State Treasury for expenditure pursuant
7to appropriations from funds so specified. Upon the written
8direction of the Governor, the State Comptroller shall direct,
9and the State Treasurer shall transfer, specified amounts from
10funds in the State Treasury that have received transfers from
11the BRIDGE Fund to repay, in whole or in part, amounts
12previously transferred pursuant to this subsection (b).
13    Section 55-10. The State Finance Act is amended by adding
14Sections 5.1030 and 8.57 as follows:
15    (30 ILCS 105/5.1030 new)
16    Sec. 5.1030. The Budget Reserve for Immediate
17Disbursements and Governmental Emergencies Fund.
18    (30 ILCS 105/8.57 new)
19    Sec. 8.57. Transfers to the BRIDGE Fund. Notwithstanding
20any other State law to the contrary, on the effective date this
21amendatory Act of the 104th General Assembly or as soon
22thereafter as is practical, but in no circumstance later than
23July 31, 2025, the State Comptroller shall direct and the

10400HB1075sam002- 676 -LRB104 03072 JDS 27129 a
1State Treasurer shall transfer the following amounts from the
2funds specified to the Budget Reserve for Immediate
3Disbursements and Governmental Emergencies Fund:
4FUND NAME    AMOUNT    
5Open Space Lands Acquisition and
6    Development Fund..............................$10,000,000
7DHS Community Services Fund.......................$10,000,000
8Insurance Producer Administration Fund.............$3,100,000
9Criminal Justice Information Projects Fund.........$5,000,000
10Compassionate Use of Medical Cannabis Fund........$15,000,000
11Law Enforcement Training Fund......................$2,000,000
12Tourism Promotion Fund.............................$2,000,000
13Cannabis Business Development Fund.................$5,000,000
14Insurance Financial Regulation Fund................$3,000,000
15Illinois Works Fund..................................$500,000
16Bank and Trust Company Fund..........................$900,000
17DNR Special Projects Fund............................$830,000
18Public Health Special State Projects Fund..........$5,000,000
19State Police Services Fund...........................$700,000
20Illinois State Medical Disciplinary Fund.............$670,000
21Senior Citizen Real Estate Deferred Tax
22    Revolving Fund.................................$5,000,000
23Nursing Dedicated and Professional Fund..............$630,000
24Fire Prevention Fund...............................$8,000,000
25Energy Efficiency Trust Fund.......................$2,000,000

10400HB1075sam002- 677 -LRB104 03072 JDS 27129 a
1Natural Areas Acquisition Fund.....................$2,000,000
2Dram Shop Fund.....................................$7,500,000
3Local Tourism Fund...................................$370,000
4Clean Air Act Permit Fund............................$360,000
5State Police Law Enforcement Administration Fund.....$310,000
6Metabolic Screening and Treatment Fund...............$280,000
7State Rail Freight Loan Repayment Fund...............$280,000
8Illinois State Fair Fund.............................$270,000
9Hazardous Waste Fund.................................$270,000
10Hospital Licensure Fund............................$1,000,000
11International Tourism Fund...........................$220,000
12Real Estate License Administration Fund..............$210,000
13Used Tire Management Fund............................$210,000
14Public Pension Regulation Fund.....................$2,400,000
15Cemetery Oversight Licensing and
16    Disciplinary Fund................................$150,000
17Subtitle D Management Fund...........................$140,000
18State Pheasant Fund................................$1,000,000
19Horse Racing Fund..................................$2,000,000
20Emergency Public Health Fund.........................$120,000
21Feed Control Fund....................................$120,000
22Consumer Intervenor Compensation Fund................$120,000
23Grant Accountability and Transparency Fund...........$100,000
24Public Health Laboratory Services Revolving Fund.....$110,000
25State Police Merit Board Public Safety Fund...........$97,000
26Environmental Protection Trust Fund...................$86,000

10400HB1075sam002- 678 -LRB104 03072 JDS 27129 a
1Illinois State Pharmacy Disciplinary Fund.............$86,000
2Fertilizer Control Fund...............................$85,000
3State Migratory Waterfowl Stamp Fund..................$85,000
4Illinois Health Facilities Planning Fund..............$83,000
5Fish and Wildlife Endowment Fund......................$83,000
6Illinois Habitat Fund.................................$75,000
7Natural Resources Restoration Fund....................$62,000
8Savings Bank Regulatory Fund..........................$58,000
9Illinois Equity Fund..................................$52,000
10Historic Property Administrative Fund.................$50,000
11Illinois Capital Revolving Loan Fund..................$48,000
12Optometric Licensing and Disciplinary Board Fund......$47,000
13Low-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
17Section 5.826 as follows:
18    (30 ILCS 105/5.826)
19    Sec. 5.826. The DMV Transformation Driver Services
20Administration 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

10400HB1075sam002- 679 -LRB104 03072 JDS 27129 a
1changing 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
5driver's license to a foreign national who (i) resides in this
6State, (ii) is ineligible to obtain a social security number,
7and (iii) presents to the Secretary documentation, issued by
8United States Citizenship and Immigration Services,
9authorizing the person's presence in this country.
10    (a-5) The Secretary of State may issue a temporary
11visitor's driver's license to an applicant who (i) has resided
12in this State for a period in excess of one year, (ii) is
13ineligible to obtain a social security number, and (iii) is
14unable to present documentation issued by the United States
15Citizenship and Immigration Services authorizing the person's
16presence in this country. The applicant shall submit a valid
17unexpired passport from the applicant's country of citizenship
18or a valid unexpired consular identification document issued
19by a consulate of that country as defined in Section 5 of the
20Consular Identification Document Act (5 ILCS 230/5).
21    (a-10) Applicants for a temporary visitor's driver's
22license who are under 18 years of age at the time of
23application shall be subject to the provisions of Sections
246-107 and 6-108 of this Code.
25    (b) A temporary visitor's driver's license issued under

10400HB1075sam002- 680 -LRB104 03072 JDS 27129 a
1subsection (a) is valid for 3 years, or for the period of time
2the individual is authorized to remain in this country,
3whichever ends sooner. A temporary visitor's driver's license
4issued under subsection (a-5) shall be valid for a period of 3
5years.
6    (b-5) A temporary visitor's driver's license issued under
7this Section may not be accepted for proof of the holder's
8identity. A temporary visitor's driver's license issued under
9this Section shall contain a notice on its face, in
10capitalized letters, stating that the temporary visitor's
11driver's license may not be accepted for proof of identity.
12    (c) The Secretary shall adopt rules for implementing this
13Section, 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
24temporary visitor's driver's license shall be subject to any
25and all provisions of this Code and any and all implementing
26regulations issued by the Secretary of State to the same

10400HB1075sam002- 681 -LRB104 03072 JDS 27129 a
1extent as any person issued a driver's license, unless
2otherwise provided in this Code or by administrative rule,
3including but not limited to the examination requirements in
4Section 6-109 as well as the mandatory insurance requirements
5and penalties set forth in Article VI of Chapter 7 of this
6Code.
7    (d-5) A temporary visitor's driver's license is invalid if
8the holder is unable to provide proof of liability insurance
9as required by Section 7-601 of this Code upon the request of a
10law enforcement officer, in which case the holder commits a
11violation of Section 6-101 of this Code.
12    (e) Temporary visitor's driver's licenses shall be issued
13from a central location after the Secretary of State has
14verified the information provided by the applicant.
15    (f) There is created in the State treasury a special fund
16to be known as the DMV Transformation Driver Services
17Administration Fund. All fees collected for the issuance of
18temporary visitor's driver's licenses shall be deposited into
19the Fund. These funds shall, subject to appropriation, be used
20by the Office of the Secretary of State for costs related to
21the issuance of temporary visitor's driver's licenses, and
22other operational costs, including, but not limited to,    
23personnel, facilities, computer programming, and data
24transmission.
25    (g) No temporary visitor's driver's licenses shall be
26issued after the effective date of this amendatory Act of the

10400HB1075sam002- 682 -LRB104 03072 JDS 27129 a
1103rd 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
6and designate the materials to be used in an adult driver
7education course. The course shall be at least 6 hours in
8length and shall include instruction on traffic laws; highway
9signs, signals, and markings that regulate, warn, or direct
10traffic; issues commonly associated with motor vehicle crashes
11including poor decision-making, risk taking, impaired driving,
12distraction, speed, failure to use a safety belt, driving at
13night, failure to yield the right-of-way, texting while
14driving, using wireless communication devices, and alcohol and
15drug awareness; and instruction on law enforcement procedures
16during traffic stops, including actions that a motorist should
17take during a traffic stop and appropriate interactions with
18law enforcement officers. The curriculum shall not require the
19operation of a motor vehicle.
20    (b) The Secretary shall certify course providers. The
21requirements to be a certified course provider, the process
22for applying for certification, and the procedure for
23decertifying a course provider shall be established by rule.
24    (b-5) In order to qualify for certification as an adult
25driver education course provider, each applicant must

10400HB1075sam002- 683 -LRB104 03072 JDS 27129 a
1authorize an investigation that includes a fingerprint-based
2background check to determine if the applicant has ever been
3convicted of a criminal offense and, if so, the disposition of
4any conviction. This authorization shall indicate the scope of
5the inquiry and the agencies that may be contacted. Upon
6receiving this authorization, the Secretary of State may
7request and receive information and assistance from any
8federal, State, or local governmental agency as part of the
9authorized investigation. Each applicant shall submit his or
10her fingerprints to the Illinois State Police in the form and
11manner prescribed by the Illinois State Police. These
12fingerprints shall be checked against fingerprint records now
13and hereafter filed in the Illinois State Police and Federal
14Bureau of Investigation criminal history record databases. The
15Illinois State Police shall charge applicants a fee for
16conducting the criminal history record check, which shall be
17deposited into the State Police Services Fund and shall not
18exceed the actual cost of the State and national criminal
19history record check. The Illinois State Police shall furnish,
20pursuant to positive identification, records of Illinois
21criminal convictions to the Secretary and shall forward the
22national criminal history record information to the Secretary.
23Applicants shall pay any other fingerprint-related fees.
24Unless otherwise prohibited by law, the information derived
25from the investigation, including the source of the
26information and any conclusions or recommendations derived

10400HB1075sam002- 684 -LRB104 03072 JDS 27129 a
1from the information by the Secretary of State, shall be
2provided to the applicant upon request to the Secretary of
3State prior to any final action by the Secretary of State on
4the application. Any criminal conviction information obtained
5by the Secretary of State shall be confidential and may not be
6transmitted outside the Office of the Secretary of State,
7except as required by this subsection (b-5), and may not be
8transmitted to anyone within the Office of the Secretary of
9State except as needed for the purpose of evaluating the
10applicant. At any administrative hearing held under Section
112-118 of this Code relating to the denial, cancellation,
12suspension, or revocation of certification of an adult driver
13education course provider, the Secretary of State may utilize
14at that hearing any criminal history, criminal conviction, and
15disposition information obtained under this subsection (b-5).
16The information obtained from the investigation may be
17maintained by the Secretary of State or any agency to which the
18information was transmitted. Only information and standards
19which bear a reasonable and rational relation to the
20performance of providing adult driver education shall be used
21by the Secretary of State. Any employee of the Secretary of
22State who gives or causes to be given away any confidential
23information concerning any criminal convictions or disposition
24of criminal convictions of an applicant shall be guilty of a
25Class A misdemeanor unless release of the information is
26authorized by this Section.

10400HB1075sam002- 685 -LRB104 03072 JDS 27129 a
1    (c) The Secretary may permit a course provider to offer
2the course online, if the Secretary is satisfied the course
3provider 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
8verification of a student's successful completion of the
9course.
10    (e) The fee charged by the course provider must bear a
11reasonable relationship to the cost of the course. The
12Secretary shall post on the Secretary of State's website a
13list of approved course providers, the fees charged by the
14providers, and contact information for each provider.
15    (f) In addition to any other fee charged by the course
16provider, the course provider shall collect a fee of $5 from
17each student to offset the costs incurred by the Secretary in
18administering this program. The $5 shall be submitted to the
19Secretary within 14 days of the day on which it was collected.
20All such fees received by the Secretary shall be deposited in
21the DMV Transformation Secretary of State Driver Services
22Administration Fund.
23(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
25
Article 65.

10400HB1075sam002- 686 -LRB104 03072 JDS 27129 a
1    Section 65-5. If and only if House Bill 2771 of the 104th
2General Assembly becomes law, then the Illinois Public Aid
3Code is amended by changing Section 5A-7 as follows:
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
7listing of all hospital providers appearing in the licensing
8records of the Illinois Department of Public Health, which
9shall show each provider's name and principal place of
10business and the name and address of each hospital operated,
11conducted, or maintained by the provider in this State. The
12listing shall also include the monthly assessment amounts owed
13for each hospital and any unpaid assessment liability greater
14than 90 days delinquent. The Illinois Department shall
15administer and enforce this Article and collect the
16assessments and penalty assessments imposed under this Article
17using procedures employed in its administration of this Code
18generally. The Illinois Department, its Director, and every
19hospital provider subject to assessment under this Article
20shall 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

10400HB1075sam002- 687 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 688 -LRB104 03072 JDS 27129 a
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
15without sending a notice of assessment liability, the Illinois
16Department shall collect an unpaid assessment by withholding,
17as payment of the assessment, reimbursements or other amounts
18otherwise payable by the Illinois Department to the hospital
19provider, including, but not limited to, payment amounts
20otherwise payable from a managed care organization performing
21duties 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

10400HB1075sam002- 689 -LRB104 03072 JDS 27129 a
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

10400HB1075sam002- 690 -LRB104 03072 JDS 27129 a
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
7implementation of the changes made to this Section by this
8amendatory Act of the 104th General Assembly, the Department
9may adopt emergency rules as authorized by Section 5-45 of the
10Illinois Administrative Procedure Act. The adoption of
11emergency rules is deemed to be necessary for the public
12interest, safety, and welfare.
13(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04;
1494-242, eff. 7-18-05; 104HB2771sam002.)
15
Article 99.
16    Section 99-95. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.
23    Section 99-99. Effective date. This Act takes effect upon

10400HB1075sam002- 691 -LRB104 03072 JDS 27129 a
1becoming 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.".